HomeMy WebLinkAboutORD 44755
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AOb"rn, ORDINANCE 'NOS ,4 4 '1 5 j'_
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A SOLID
WASTE RECYCLE AND TRANSFER FACILITY LOCATED AT 655 AND 657 2ND
STREET N.W., WITHIN THE CITY OF AUBURN, WASHINGTON.
REGEiv U THIS DAY
WHEREAS, Application No. CUP0008-90 dated June 5, 1990,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by HOLLINEE CORPORATION/RST
DISPOSAL requesting a Conditional Use Permit to allow
construction of a solid waste recycle and transfer facility to
be located at 655 and 657 2nd Street N.W., within the City of
Auburn, Washington, hereinafter described in Section 2 of the
ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on November 20, 1990, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
construction of a solid waste recycle and transfer facility to
be located at 655 and 657 2nd Street N.W., based upon the
following Findings of Fact and Conclusions, to -wit:
Ordinance No. 4475
December 11, 1990
Page 1
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FINDINGS OF FACT
1. The applicant, Hollinee Corporation/RST Disposal, applies
for a Conditional Use Permit to construct a solid waste
recycle and transfer facility.
2. The subject property is 3.94 acres in size and is located
at 655 and 657 Second Street N.W. in Auburn.
3. The subject property is zoned M-2 (Heavy Industrial) and
is currently vacant. The Comprehensive Plan designates
the subject site for heavy industrial uses.
4. Surrounding zoning and land uses in the vicinity include
M-2, Industrial, in all directions with the exception of
land to the south of the subject site which is zoned for
industrial uses but is currently utilized for residential
uses. The Comprehensive Plan designates land in all
directions from the site for heavy industrial uses.
5. The Zoning Code permits a use such as that proposed by
the applicant which would fall into the category of
salvage yards and solid waste processing facilities in an
M-2 zone subject to the issuance of a conditional use
permit.
6. The evidence establishes that the facility as proposed
will be designed to have two primary functions. There
will be a 3,375 square foot building to be utilized as a
"buy-back center" which is intended to provide a place
for the public to bring their recyclable materials in
exchange for cash. Also, there will be a much larger
14,400 square foot building where refuse trucks will dump
their loads onto conveyor belts. Employees will remove
the recyclable materials from the refuse and
nonrecyclable materials will be trucked to local
landfills. There is an existing 3,000 square foot
building which will serve as office space to support the
functions. The remainder of the subject site will be
paved with parking areas designated for passenger
vehicles and for recyclable trailers.
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Ordinance No. 4475
December 11, 1990
Page 2
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7. The building type together with the activity proposed
(truck loading and unloading and truck movement to the
site) are uses which are similar to what would be
anticipated in any other heavy industrial zone. The
primary difference between the use as proposed and other
heavy industrial type uses is that in this instance
garbage is involved.
8. For the purpose of mitigating impacts of the proposal the
City has issued a Mitigated Determination of Non -
Significance under the State Environmental Policy Act
which contains a number of mitigating conditions.
9. At the time of the public hearing, residents who reside
in the vicinity expressed a number of concerns with
respect to the proposed environmental .impact of the
facility including but not limited to noise, truck
traffic, the effects of the facility on the existing
newly remodeled alternative high school, and safety
concerns.
10. The City of Auburn's Director of Public Works, Frank
Currie, visited an operation in Salt Lake City which is
similar to the subject facility. After observing the
similar facility, Mr. Currie concluded that he observed
no evidence of excess noise beyond which would -be
expected from traffic which was external to the operation
and not wholly associated with the operation.
11. The applicant indicated the proposed facility's equipment
would be cleaned on a daily basis and that non -recyclable
material would be removed on a daily basis to the
landfill so that there would be no storage of garbage
anywhere on the site. The Auburn system does not propose
to mix wet garbage with dry garbage, therefore, the
potential for odor is substantially minimized.
12. The evidence establishes that all handling of solid waste
will be within an enclosed building which is located at
considerable distance from adjoining residential uses.
13. The staff
approval,
set forth
Ordinance No. 4475
December 11, 1990
Page 3
report, with its recommendation of conditional
is incorporated herein by reference as though
in full.
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CONCLUSIONS OF LAW
1. The Zoning Ordinance contains a series of criteria which
must be established before a conditional use permit can
be granted.
2. The first of these criteria contained in Section
18.64.040 of the Zoning Ordinance is that the use will
have no more adverse effect on the health, safety, or
comfort of persons living or working in the area and will
be no more injurious, economically or otherwise, to
property or improvements in the surrounding area than
would any use generally permitted in the district. The
evidence establishes that the property and all
surrounding uses are zoned for heavy industry. This
zone, the M-2 zone, is intended for a significant amount
of traffic and heavy uses. The traffic to be generated
by this facility together with the building types are
comparable to other heavy industrial uses and the
mitigation of impacts associated with solid waste
"garbage" such as odor will be adequately mitigated.
3. The proposal is in accordance with the goals, policies
and objectives of the Comprehensive Plan since the
proposal will help to implement the City of Auburn's
policy which encourages recycling.
4. The site plan and application comply with the
requirements of the Zoning Ordinance.
5. The proposal can be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existing or intended character of the
vicinity.
6. The proposal will not adversely affect the public
infrastructure.
Ordinance No. 4475
December 11, 1990
Page 4
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For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow construction
of a solid waste recycle and transfer facility, is approved
and affirmed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby approved
to allow construction of a solid waste recycle and transfer
facility located at 655 and 657 2nd Street N.W., situate in
the City of Auburn, County of King, State of Washington, and
is legally described as follows:
PARCEL A:
All that portion of Lot 9, Block "B", Lunn's
Garden Tracts to Auburn according to the plat
recorded in Volume 10 of Plats, page 33, in
King County, Washington, lying north of the
abandoned right-of-way of the Chicago,
Milwaukee, St. Paul and Pacific Railroad
Company, and east of a line 195 feet east of
the east line of "H" Street Northwest in the
City of Auburn.
Also all of the north 20 feet of that portion
of Lot 9, said Block "B" lying east of "H"
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Ordinance No. 4475
December 11, 1990
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Street Northwest in the City of Auburn and west
of a line 195 feet east of the east line of
said 11H11 Street Northwest; also
The east 220.56 feet of Lot 9, Block "B",
Lunn's Garden Tracts to Auburn according to the
plat recorded in Volume 10 of Plats, page 33,
in King County, Washington, lying south of the
abandoned right-of-way of the Chicago,
Milwaukee, St. Paul and Pacific Railroad
Company; also Lot 5 and the east 73 feet of Lot
6, Block "B11, Lunn's Garden Tracts to Auburn,
according to the plat recorded in Volume 10 of
Plats, page 33, in King County, Washington.
PARCEL B:
All of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company's abandoned right-of-
way in that portion of Lot 9, Block "B" Lunn's
Garden Tracts to Auburn, according to the plat
recorded in Volume 10 of Plats, page 33, in
King County, Washington, extending between the
east line of said Lot 9 and a line parallel to
and 195 feet east of the east line of H Street
Northwest in the City of Auburn, as measured
along a line bearing north 8701614411 west.
PARCEL C:
The east 195' of Lot 9, Block "B" Lunn's Garden
Tracts to Auburn according to the Plat recorded
in Volume 10 of Plats, page 33, in King County,
Washington, lying north of the abandoned right-
of-way of the Chicago, Milwaukee, St. Paul and
Pacific Railroad Company, except the north 20
ft. thereof.
Section 3. The conditions of the Mitigated Declaration
of Non -Significance (SEP0044-90) are incorporated herein by
reference.
Ordinance No. 4475
December 11, 1990
Page 6
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Section 4. Trailers filled with the non -recyclable solid
waste shall be removed from the site within 18 hours of
filling the trailer. The trailers shall be transported to a
permitted landfill or transfer station.
No more than 6 loaded trailers shall be present on the
site at any one time.
It shall be the responsibility of the operator of the
facility to maintain records indicting compliance with this
provision. These records shall be made available to the City
of Auburn upon request by the City.
Section S. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City
of Auburn shall cause this Ordinance to be recorded in the
office of the King County Auditor.
Section 6. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 7. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
Ordinance No. 4475
December 11, 1990
Page 7
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INTRODUCED:
PASSED: / ' /Z`
APPROVED:�d
ATTEST:
2
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
PUBLISHED:
Ordinance No. 4475
December 11, 1990
Page 8
M A Y O R