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HomeMy WebLinkAboutORD 44755 6 7 8 9 cc 10 0 11 O 12 Q 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 C% _EIRK S c�FJcE Cod of est �airi 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 91 01 102 RFCD F RFCFFF.. CASHSL 1"2.00`, 2.00 0 + f .00 5 1 2 3 4 5 6 7 8 9 10 11 12 ® 13 _C:) 14 15 16 17 18 19 20 21 22 23 24 25 26 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. ---------------------------------- Ordinance No. 4475 December 11, 1990 Page 2 2 3 4 5 6 7 8 9 10 CL" 11 CD C=) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 1 2 3 4 5 6 7 8 9 10 j 11 12 CD -C\.i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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" ---------------------------------- Ordinance No. 4475 December 11, 1990 Page 5 1 2 3 4 5 6 7 8 9 C -C 10 C 11 12 C=) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 2 3 4 5 6 7 8 9 10 C.0 11 N 12 M 14 15 16 17 18 19 20 21 22 23 24 25 26 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