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HomeMy WebLinkAbout4026 RESOLUTION NO. 4026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 62.06 ACRES INTO 143 LOTS AND VARIOUS TRACTS FOR FUTURE RESIDENTIAL DEVELOPMENT WITH THREE PLAT MODIFICATIONS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T05-0006, dated December 22, 2005, has been submitted to the City of Auburn, Washington, by Apex Engineering on behalf of Lakeland East LLC, requesting approval of a preliminary plat application to subdivide 62.06 acres into 143 lots for future residential development with three plat modifications, and street and utility tracts within the City of Auburn, Washington; and WHEREAS, said request above was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on April 18, 2006, of which the Hearing Examiner recommended approval of the preliminary plat subject to conditions on May 3, 2006; and WHEREAS, the City Council, at its meeting of May 11, 2006, considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the Findings of Fact, Conclusions and Recommendation which is attached hereto as Exhibit "A". Resolution 4026 May 11, 2006 Page 1 of 5 Section 1. The Hearing Examiner's Findings, Conclusions and Recommendation attached hereto as Exhibit "A" are herewith approved and incorporated in this Resolution. Section 2. The request for preliminary plat approval to subdivide 62.06 acres into 143 lots for future residential development, and street and utility tracts within the City of Auburn, legally described in Exhibit "B" attached hereto and incorporated herein by this reference, is hereby approved subject to the following conditions: 1. In accordance with the conditions outlined in the Minor Adjustment to the Lakeland Hills South PUD, dated January 26, 2006, the Fourth Amendment to the Lakeland Hills South Agreement shall included the "Walker Parcel" (Pierce County Tax Parcel 0520056015) and be recorded prior to the final plat approval. 2. Prior to commencement of any grading activities, the Applicant/Developer shall staked, flagged, fence, and sign the buffers for Wetland B, Wetland BB, Wetland C, and Wetland F. Wetland signage content and location shall be subject to approval by the City of Auburn Director of Planning, Building, and Community Development. 3. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 4. As part of the engineering/construction drawings submitted for construction of the plat, the Applicant/Developer shall also submit engineering/construction drawings for the construction of all park improvements. The park improvements shall be subject to approval by the City of Auburn Parks Director. Approval must be received prior to approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet current City Parks, Arts, and Recreation Department standards and by approved by the Parks Director prior to installation and final plat approval. 5. Prior to final plat approval, the Applicant/Developer shall coordinate and complete the abandonment of the existing public sewer pump station located upon the subject property. This abandonment shall include the salvaging of all electrical and mechanical equipment for delivery to the City of Auburn's Sanitary Sewer Utility. Resolution 4026 May 11, 2006 Page 2 of 5 6. The Applicant/Developer shall construct on-site gravity sanitary sewer lines and off-site gravity sanitary sewer lines. These new sewer lines shall connect to a new public pump station located per an approved basin study with the City of Auburn. All sewer lines shall be designed to Auburn Design Standards. 7. The Applicant/Developer shall construct the off-site sewer pump station or, in the alternative, wait until the pump station is completed by another developer. If the pump station is completed by another developer, the Applicant shall pay a payback fee for their pro rate share of the costs associated with the construction of the pump station. 8. All sanitary sewer lines located outside of the public right-of-way shall be placed within tracts. Tracts shall be a minimum width of 15 feet, centered over the sewer line. These tracts shall be deeded over to the City's Sanitary Sewer Utility. 9. Prior to final plat approval, all existing septic tanks shall be abandoned pursuant to Tacoma-Pierce County Health Department regulations. Copies of the approved abandonment documents from Tacoma-Pierce County Health Department shall be provided to the City prior to the commencement of any site grading. 10. Prior to review of civil plans, and as part of the final application submittal, the Applicant shall provide a current Certificate of Water Availability from the City of Bonney Lake. 11. Prior to final plat approval, the Applicant/Developer shall abandon all existing water wells pursuant to Washington State and Tacoma-Pierce County Health Department regulations. The Applicant shall deed/transfer the water rights for said wells to the 'City of Auburn. 12. Prior to final plat approval, the Applicant/Developer shall construct a center landscaped median on Thomas Avenue SE. The median shall extend the full length of Thomas Avenue SE from Lake Tapps Parkway SE to the northern border of the plat. The median shall be construction to the satisfaction of the City Engineer. 13. Prior to final plat approval, the Applicant/Developer shall create a combined 30-foot wide utility and pedestrian access easement adjacent to Lot 141 . The easement shall extend between the Plat and Lake Tapps Parkway SE. 14. Prior to final plat approval, the Applicant/Developer shall dedicate right- of-way and construct all roads within the plat, with the exception of Resolution 4026 May 11, 2006 Page 3 of 5 Thomas Avenue SE, as local residential roads to City of Auburn Standards except where plat modifications (deviation requests) are granted by the City Council. 15. Prior to final plat approval, the Applicant/Developer shall dedicate right- of-way and construct Thomas Avenue SE as a residential collector. 16. Prior to final plat approval, the Applicant/Developer shall construct the fourth leg of the signalized intersection of Thomas Avenue SE and Lake Tapps Parkway SE. 17. The final plat shall include a note that states: No direct residential access to Thomas Avenue SE is permitted. 18. Sight distance triangles shall be dedicated as public right-of-way within the plat or as an easement outside of the plat. 19. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 20. The final plat drawing shall include addresses for each lot as assigned by the City. 21.Asbestos containing materials shall be removed prior to demolition of all on-site structures. Disposal of the materials shall be done in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the Tacoma-Pierce County Health Department. 22.Any required Washington State Forest Practices approval shall be obtained prior to site clearing, grading, or logging. Verification of meeting Washington State Department of Natural Resources Forest Practices requirements shall be provided to the City prior to the issuance of any grading permits. 23.A Washington State Department of Ecology Construction Stormwater General Permit shall be required prior to the issuance of any grading permits. 24.As provided in ACC 19.02, the Applicant/Developer shall pay school impact mitigation fees to the Auburn School District. Payment of mitigation fees is required at the time of building permit issuance. Resolution 4026 May 11, 2006 Page 4 of 5 25.A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 26.A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 27. The Applicant/Developer shall comply with all mitigation measures as provided in the Final EIS issued for Lakeland Hills, July 1992. Section 3. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this L day of YY\~ ,2006. CI~. UBU . ___ l5- ~~ PETER B. LEWIS, MAYOR ATTEST: NaJ;1t~ Darnetle E. Daskam, City Clerk iel B. Heid, City Attorney Resolution 4026 May 11, 2006 Page 5 of 5 BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of NO. PL T05-0006 For a Preliminary Plat ) ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDATION LAKELAND EAST LLC, By Apex Engineering SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a request for a preliminary plat to subdivide approximately 62.06 acres into 141 single family residential lots, two multi-family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access, be APPROVED, subject to conditions. In addition to this request, the Hearing Examiner recommends that the three waiver requests made by the Applicant in regards to City road standards be APPROVED. SUMMARY OF RECORD Request: Lakeland East LLC, through its agent Apex Engineering, requests approval of a preliminary plat for the subdivision of approximately 62.06 acres into 141 single family residential lots, two multi-family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access. The subject property is located generally east of Old Man Thomas Road, south of 62nd Street SE, and north of Lake Tapps Parkway, adjacent to the area known as the "Lakeland Hills Planned Unit Development" in the City of Auburn, Pierce County, Washington. The Lakeland Hills neighborhood, has been under construction by the same developer since the early 1990s. Lakeland East LLC also made three deviation requests. The Applicant is requesting deviation from certain road standards to promote vehicular and pedestrian safety, aesthetics, and reasonable use of the site. Hearing Date: An open record hearing on the request was held before the Hearings Examiner for the City of Auburn on April 18, 2006. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lake/and East LLC Rezone/PUD Amendment Page 1 of 15 Testimony: At the open record hearing the following individuals presented testimony under oath 1. Steve Pilcher, Planner, City of Auburn 2. Stacey Borland, Planner, City of Auburn 3. Jeffrey Mann, Project Manager, Apex Engineering, Applicant's Representative 4. Sean Martin, Investco Financial Services - Managing Partner of Lakeland Hills LLC Exhibits: At the open record hearing the following exhibits were admitted as part of the official record: 1. Staff Report, dated April 12, 2006 2. Site Map 3. Notice of Application, dated March 17,2006 4. Notice of Public Hearing 5. Confirmation of Publication of Notice of Public Hearing 6. Addendum to Final Environmental Impact Statement of Lakeland Hills, issued March 31, 2006 7. Preliminary Plat Application, received December 22, 2006 8. Preliminary Plat Map - Lakeland East (2 sheets) 9. Conceptual Grading Plan - Lakeland East (l sheet) 10. Conceptual Utility Plan - Lakeland East (l sheet) 11. Sight Distance Triangle Exhibit - Lakeland East (4 sheets) 12. Preliminary Landscape Plan - Lakeland East (7 sheets) 13. Conceptual Grading Plan - Lakeland East (l sheet) 14. Lakeland East Wetland and Stream Analysis Report, prepared By B-12 Wetland Consulting, dated March 17, 2006 15. Preliminary Storm Drainage Report, prepared by Apex Engineering, dated February 13, 2006 16. Correspondence from City of Auburn to Applicant, dated January 26, 2006 RE: Zoning Code Interpretation - Minor Adjustment to PUD 17. Correspondence from Investco Financial to City of Auburn, dated December 21,2005 RE: Master Landscaping Plan 18. Correspondence from Investco Financial to City of Auburn, dated December 21,2006 RE: Master Signage Plan 19. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request # 1 20. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request #2 21. Correspondence from Apex Engineering to City of Auburn, dated April 7, 2006 RE: Road Deviation Request #3 22. City of Auburn Ordinance 5891, adopted December 20,2004 RE: Adoption of Comprehensive Plan Map and Text Amendments 23. Affidavit of Posting of Legal Notice Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 2 of 15 24. Affidavit of Mailing of Legal Notice 25. Correspondence from Apex Engineering to City of Auburn, dated April 14, 2006 RE: Conditions of Approval Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant, through its agent Apex Engineering, requests approval of a preliminary plat to subdivide approximately 62.06 acres into 141 single family residential lots, two multi-family residential lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access. The property is generally located east of Old Man Thomas Road, south of 62n Street SE, and north of Lake Tapps Parkway SE. Lakeland East LLC is the same developer who has been constructing the Lakeland Hills PUD since the early 1990s. Exhibit 1, StafJreport, Pages 1 and 3; Testimony of Pilcher. 2. Applicant's application includes 11 parcels that are the subject of the plat. All parcels are located within Pierce County and are referenced by Pierce County Tax Assessor's parcel numbers 0520052034, 0520052035, 0520052036, 0520052037, 0520053028, 0520053052, 0520053053, 0520056014, 0520056015, 0520056015, 0520056017, and 0520056022. Exhibit 3, Notice of Application; Exhibit 8, Preliminary Plat Map. 3. Notice of the public hearing was posted on the property on April 10, 2006. Notice of the public hearing was mailed to all property owners located within 300 feet of the affected site on April 10, 2006. Notice of the public hearing was published in the King County Journal on April 7, 2006. The notice provided in this matter erroneously stated that the property was "generally located between 52nd Street SE to the north ..." the property is located south of "62nd Street SE." Exhibits 4, 5, 23, and 24. 4. No public comment on the preliminary plat application was received in advance of the hearing nor was public testimony presented at the hearing. 5. The preliminary plat and a major amendment to the Lakeland Hills PUD were consolidated into one proceeding at the public hearing. 6. City of Auburn Ordinance 5891 approved and enacted the Comprehensive Plan Amendments as set forth in its attached documents and maps identified as "Exhibit A". Exhibit A, entitled "CPM# 1 ", included a Site Map with areas affected by the amendment shown by 'hatch markings.' The subject property is contained with Area 16. Exhibit 2, Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 3 of 15 Vicinity Map,' Exhibit 22, Ordinance 5891 - CPM#l Proposed Comprehensive Plan Map Amendment. 7. A portion of the plat would be developed on a 2.52 acre parcel of land labeled the "Walker Parcel" (Pierce County Tax Parcel 0520056015). This parcel was not included within the original Lakeland Hills PUD. Pursuant to ACC 18.76.170, the Planning Director has the authority to approve 'minor adjustments' to the Lakeland Hills South PUD. Adjustments are minor if the do not affect permitted densities, change the basic character or condition of the PUD, or increase/decrease the perimeter boundaries by more than ten percent. The Walker parcel accounts for less than ten percent of the overall proposed plat and development, at the proposed density, would not increase the permitted density. Based on these factors, on January 26, 2006, the Planning Director approved the minor adjustment, amending the Lakeland Hills South PUD Agreement to reflect the inclusion of the Walker Parcel. Exhibit 1, Staff Report, Page 4; Exhibit 16, Director's Approval of Minor Adjustment; Testimony of Borland. 8. Ordinance 5981, adopting the Comprehensive Plan Map and Text Amendments for the Lakeland Hills PUD included specific provisions for the northernmost 20 acres adjacent to and contiguous with the neighborhoods of Eastpointe and Evergreen. The provisions provides that no "for rent, semi-detached, or attached housing products" shall be developed in this area and that development "shall be restricted to utilizing the development standards no more intense than Single Family Detached (SFD) provisions of ACC Chapter 18.76." The Applicant proposed single-family detached residential lots within this area; multi-family would be located at the southern border. Exhibit 1, Staff Report, Pages 5-6; Exhibit 22, Ordinance 5981 with Attachment; Testimony of Borland; Testimony of Pilcher; Testimony of Mann. 9. Surrounding land uses consist of residential development and vacant lands. Residential development of low and moderate densities is located in the surrounding areas with existing higher density PUD development of Lakeland Hills to the north, east, and west. Plat Exhibit 1, Staff Report, Page 2. 10. The subject property is zoned Lakeland Hills South PUD and designated as Moderate Density Residential under the City's Comprehensive Plan. Lakeland Hills South is a Planned Unit Development District (PUD) that was established by Pierce County's approval of the Lakeland Hills South Planned Development District. The PUD was accepted by the City as an approved PUD in 1998. The purpose of a PUD district is to offer enhanced flexibility in developing a site through the use of innovative and alternative development standards. A PUD district allows a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units. In exchange for this enhanced flexibility, the PUD must provide a significantly higher quality of development, generate more public benefit, and be a more sensitive proposal. ACC 18.76.010; Ordinance 5092 (May 4, 1998; Plat Exhibit 1, Staff Report, Pages 1-2 Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 4 of 15 11. Lot numbers 1 to 141 are proposed for single family development. The Applicant proposed a minimum lot area of 4,050 square feet, with an average lot area of 5,381 square feet. Single family density would be 3.56 dwelling units per acre (du/acre). This density is consistent with the zoning code and the Moderate Density Residential Comprehensive Plan density of two to 14 du/acre. Plat Exhibit 1, Staff Report, Page 3,' Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland. 12. Lot numbers 142 and 143 are proposed for multi-family development. Lot 142 is approximately 11.02 acres. Lot 143 is approximately 11.44 acres. Plat Exhibit 1, Staff Report, Page 3; Plat Exhibit 8, Preliminary Plat Map; Testimony of Borland. 13. Development standards for the Lakeland Hills PUD are contained within ACC 18.76.060. The Applicant proposed to develop the 141 single family residential lots to SFD-5 standards (ACC 18.76.060(B)(2)). The Applicant proposed to develop the two multi- family residential lots to MFA-l standards (ACC 18.76.060(B)(3)). The Applicant would like to retain the option of developing the two multi-family lots to SFD-5 standards. ACC 18.76.060; Plat Exhibit 1, Staff Report, Pages 3 and 6. 14. A Final Environmental Impact Statement (EIS) was issued for the Lakeland Hills South PUD in 1992. On March 31, 2006, after review of the requested preliminary plat, the City issued an Addendum to the Final EIS for the Lakeland Hills South PUD with no modifications to the Final EIS mitigation measures. Plat Exhibit 1, Staff Report, Page 6; Plat Exhibit 6, Addendum to Final EIS; Plat Exhibit 14, Lakeland East Wetland and Stream Analysis Report; Testimony of Borland; Testimony of Pilcher. 15. The Applicant retained B-12 Wetland Consulting to prepare an updated wetland and stream report for the subject property. The report notes that three wetlands exist on the site. Wetland B (65,315 square feet) and Wetland C (6,472 square feet) are both category II wetlands that are located in the eastern portion of the site. Pursuant to ACC 16.10.090(E), a category II wetland requires a minimum 50 foot buffer. The consultants recommended a 75 foot buffer for both Wetland B and Wetland C, stating that the increased would be needed to adequate protect the wetlands' functions and values. Wetland F (440 square feet) is a category III wetland located in the north/northeastern portion of the site. Pursuant to ACC 16.1O.090(E), a category III wetland requires a minimum 25 foot buffer. The consultants concluded that a 25 foot buffer was adequate for Wetland F since the wetland provided minimal water quality and hydrological functions and very little habitat value. In addition to the delineated wetlands, an area located just south of Wetland C which had previously been listed as a wetland (Wetland S) was determined to not be a wetland but a non-wetland depression area. ACC 16.10.090; Plat Exhibit 1, Staff Report, Page 6; Plat Exhibit 14, Wetland and Stream Analysis Report; Testimony of Borland. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 5 of 15 16. The proposal is within the Auburn School District. In Washington State, ample provision for the education of children is a paramount duty of the state.l This requirement is further stated in the laws of the State and the City of Auburn. RCW 58.17.110 requires that subdivisions make appropriate provisions for the general welfare of the community, including provisions for schools and for safe walking conditions for students. RCW 36.70A.020(12) states that when a City is plans for growth, it is to ensure that public services, such as schools, that are necessary to support development are adequate to serve the development. ACC 17.060.070(A) states that a subdivision must make adequate provisions for the general welfare of the community, including schools. The Applicant stated that they have met with the Auburn School District. According to the Applicant, the School District anticipates that students would walk to Thomas Avenue SE, a residential arterial with a landscaped median strip, to access bus transportation. Recommended conditions of approval would include the payment of school impact fees, as provided by ACC 19.02. Plat Exhibit 1, Staff Report, Page 5; Testimony of Mann. 17. As part of the original Lakeland Hills PUD, a Master Landscaping Plan was prepared by Apex Engineering in July 2001. The Plan applies to all areas within the boundary of the PUD. Landscaping includes planting strips with street trees and median plantings. The storm water drainage facility would be aesthetically landscaped to City standards. Park land and open space would be landscaped, with retention of native woodland-transitions areas. City Staff determined that the proposed landscaping is consistent with the July 2001 Master Landscaping Plan. Plat Exhibit 1, Staff Report, page 4; Plat Exhibit 12, Preliminary Landscape Plan; Exhibit 17, Correspondence - RE: Master Landscaping Plan. 18. As part of the original Lakeland Hills PUD, a Master Signage Plan was prepared by Apex Engineering in August 2002. The Plan outlines a comprehensive signage and monument program to ensure consistency of such features throughout the Lakeland Hills PUD. The Applicant proposed to install entry monuments at the northwest corner of the site, on either side of 62nd Street SE and at the southern border of the site, adjacent to Lake Tapps Parkway SE. City Staff determined that the proposed signage is consistent with the August 2002 Master Signage Plan. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8, Preliminary Plat Map; Plat Exhibit 18, Correspondence - RE: Master Signage Plan. 19. The Applicant requests three deviations or waivers from road design standards of the City of Auburn. Road Deviation No. 1 seeks to deviate from the standard road grade of six percent for short segments of 63rd Street SE and 65th Street SE. The Applicant stated that the justification for the deviation was the existing topography of the site and the grading required accommodating the proposed street system and lots while minimizing impacts to offsite areas and wetlands. Road Deviation No.2 seeks to deviate from the required 375- foot centerline curve radius for some of the proposed roadway curves. The Applicant stated that compliance with this standard would encourage higher vehicle speeds 1 Washington State Constitution, Art. 9, ~1 Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 6 of 15 throughout the plat and affect their ability to provide the required 90 degree intersection angles. This deviation would apply to two centerline radius curves for Stuart Avenue SE and 63rd Street SE, two centerline radius curves for Thomas Place SE, one centerline radial curve for 66th Street SE, and a centerline radial curve for Udall Avenue SE. Road Deviation No.3 seeks a deviation to allow the placement of a landscape strip directly behind the curb on both sides of the street. Current City Public Works standards require the landscape strip to be located between the sidewalk and the curb on one side of the road while on the opposite side the sidewalk is adjacent to the curb. The deviation would allow for uniformity on both sides of the road. City Staff concurs with the Applicant's analysis of the deviation requests. As provided in ACC 17.18.01 O(A), the Hearing Examiner may recommend, and the City Council may approve, a modification to any standard or specification required by ACC Chapter 17.12 - Subdivision Improvements. Exhibit 1, Staff Report, Page 5; Exhibit 19, 20, and 21 Deviation Requests. 20. All proposed roadways within the Plat would be developed to City of Auburn standards and dedicated as public streets. Internal plat roads, except for Thomas Avenue SE, would be designed to "Local Residential" standards which include two - 14 foot wide drive lanes, curbs and gutters, a landscaping strip on one side of the roadway, sidewalks of both sides of the roadway, and illumination. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map. 21. The original design of Thomas Avenue SE was to be to "Residential Collector Arterial" standards which include two - 18 foot drive lanes, curbs and gutters, landscaping strips and sidewalks on both sides of the roadway, and illumination. However, the City Engineer determined that to mitigate for increased traffic (volume and speed), ensure safe pedestrian crossings, and protect turning movements that Thomas Avenue SE should be designed with a center landscaped median from Lake Tapps Parkway SE to the Plat's northern border. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map; Comprehensive Transportation Plan Policy TR-77; Testimony of Pilcher. 22. There are several existing single-family residence and associated outbuildings located on the subject property. All existing structures would be removed to accommodate the new development. Existing on-site septic systems and wells must be abandoned. Septic systems must be abandoned pursuant to Tacoma-Pierce County Health Department requirements. Wells must be abandoned pursuant to Washington State Department of Ecology and Tacoma-Pierce County Health Department requirements. Water rights for all abandoned wells are to be deeded/transferred to the City as required by ACC 13.06.150(C).2 Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 8, Preliminary Plat Map. 2 City Staff stated that ACC 13.06.150(C) was passed by the Auburn City Council, Ordinance 5974, January 19, 2006. The Hearing Examiner was not able to verify this statement. Although City Council minutes from January and February refer to Ordinance 5974, there is no record of this ordinance being passed by the Council. As such, Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lake/and East LLC Plat - PLT05-0006 Page 7 of 15 23. The proposed plat would connect to City of Bonney Lake water. A Certificate of Water Availability was not submitted into the record. The Applicant testified that they are in the process of reaching agreement with the City of Bonney Lake and that preliminary analysis demonstrates capacity. Plat Exhibit 1, Staff Report, Page 4; Plat Exhibit 7, Preliminary Plat Application; Plat Exhibit 8, Preliminary Plat Map; Testimony of Mann. 24. The proposed plat would connect to City of Auburn sanitary sewer. The Applicant must abandon an on-site public sanitary sewer pump and construct an off-site pump station. In the alternative, the Applicant may wait until another developer constructs the pump station and then contribute a proportional payback fee. The Applicant would construct gravity sanitary sewer lines to City of Auburn standards. All sewer lines located outside of the public right-of-way are to be contained within 15 foot wide tracts. All tracts would be deeded to the City's sanitary sewer utility. Exhibit 1, Staff Report, Page 7; Exhibit 10, Conceptual Utility Plan. 25. The Applicant retained Apex Engineering to prepare a Preliminary Storm Drainage Report (Exhibit 15). The purpose of the report was to determine detention/water quality pond size to address storm water control of the site. The Applicant proposed a single storm drainage facility, located in Tract A on the eastern portion of the site. The pond would outlet to the wetland/closed depression which bounds Tract A to the east. The pond would release at a rate equivalent to the 2- Year Strom, 10-25-100 year existing flow rate. It was determined that increased run-off volume generated by the proposed plat would have a negligible impact on the adjacent wetland. Exhibit 15, Preliminary Storm Drainage Report. 26. ACC 17.12.260 generally requires a subdivision capable of supporting 50 more residential dwelling units to provide park land. The dedication of park land was addressed in the PUD agreement and has been satisfied within the PUD as a whole. No additional park land dedication is required. A CC 17.12.260,' Testimony of Pilcher; Testimony of Borland. 27. Although not required, the Applicant proposed Tract E, a 3,255 square foot area located at the northeastern edge of the site, as a neighborhood park to be dedicated to the City. A play structure and picnic table would be provided. The tract would be aesthetically landscaped. In between Lot 141 (single family) and Lot 142 (multi-family) is a 30 foot wide pedestrian pathway easement. The pathway, which would be designed to City standards, would provide access to Lake Tapps Parkway SE. Exhibit 1, Staff Report, Page 4; Exhibit 8, Preliminary Plat Map; Exhibit 8 - Landscape Plan, Sheet L-5; Comprehensive Transportation Plan Policy TR-4. any condition of approval that seeks to utilize this provision would not be authorized until such time as the City passes this Ordinance. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 8 of 15 28. The plat would be a subordinate community within the Lakeland Hills PUD and under the Conditions, Covenants, and Restrictions (CC&Rs) administered by the Master Lakeland Homeowners Association. Exhibit 25. 29. The developers of Lakeland Hills PUD and the Auburn City Council have entered into an agreement to address traffic and fire impacts fees unique to Lakeland Hills. The fire impacts fees were assessed to address fire department service in the remote location of the PUD and the lack of a fire station within close proximity to the PUD. Conditions of approval would require the Applicant to pay these specific impact fees. Exhibit 1, Staff Report, Page 5; Testimony of Pilcher. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. As provided in ACC 17.18.0 lO(A), the Hearing Examiner may make recommendations for a modification to any standard or specification required by ACC Chapter 17.12 - Subdivision Improvements. Criteria for Review In order to approve a preliminary plat, pursuant to ACC 17.06.070, the Applicant must have provided support for the following: a. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, 1, and sites for schools and school grounds. b. Conformance to the general purposes of the City of Auburn's Comprehensive Plan, to the general purpose of Title 17.02, and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. c. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. d. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. e. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. In order to approve a modification to a subdivision improvement standard or specification, pursuant to ACC 17.18.030, the Applicant must have provided support for the following: Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 9 of 15 1. The modification is necessary because of special circumstances related to the size, shape, topography, location, or surroundings of the subject property; to provide the owner with development rights and privileges permitted to other properties in the vicinity and zoning district in which the subject property is located. 2. Because of such special circumstances, the development of the property in strict conformity with the provisions of ACC Title 17 would not allow a reasonable and harmonious use of the property. 3. The modification, if granted, would not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located. 4. The modification would not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, circulation, and utility plans of the City. 5. Literal interpretation of the provisions of ACC Title 17 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district. 6. Approval of the modification would be consistent with the purpose of ACC Title 17. 7. The modification does not lessen the requirements ofthe zoning ordinance. Conclusions Based on Findings 1. Adequate prOVISIOns have been made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, and sites for schools and school grounds. The Applicant has made provisions for streets with sidewalks for pedestrian safety, including safe walking for school children. Recommended conditions of approval will provide for payments of school, traffic, and fire impact fees. The development will be served by City of Bonney Lake water and City of Auburn sanitary sewer. Existing on-site water and septic systems will be abandoned according to local and state law. Storm water facilities for the collection and retention of stormwater will be designed to City standards. Although park facilities have been provided throughout the PUD and are not required for this plat, the Applicant is providing park land, equipped with a play structure, and open space. A pedestrian walkway will provide access from the plat to Lake Tapps Parkway SE. On-site wetlands will be adequately buffered. The center median design of Thomas A venue SE will provide mitigation for increased traffic (volume and speed) and safety for pedestrians. Findings of Fact Nos. 14, 15, 16, 17, 18, 19,20,21,22,23,24,25,26, 27, 28, and 29. 2. The plat conforms to the general purposes of the City of Auburn's Comprehensive Plan, Title 17.02 (Subdivisions), and to the general purposes of any other applicable policies or plan which have been adopted by the City Council. As conditioned, the plat would be consistent with the purposes and regulations of the subdivision title, with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan and the Lakeland Hills South PUD. Findings of Fact Nos. 1, 3, 5, 6, 7,8,9,10,13,17,18, and 19. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lake/and East LLC Plat - PLT05-0006 Page 10 of 15 3. The plat conforms to the City of Auburn's zoning ordinance, Title 18, and any other applicable planning or engineering standard and specifications. With conditions, the Applicant's proposal complies with all related City codes and standards including development standards for the Lakeland Hills South PUD zoning district. Findings of Fact Nos. 1,3,5, 10, 11, 12, 13, 17, 18, 19,20,21,22,23,24,25,26,27,28, and 29.. 4. Potential environmental impacts of the proposal have been mitigated such that the proposal will not have an unacceptable adverse effect upon the quality of the environment. The City, acting as lead agency, has determined that, as proposed, the plat's impacts on the environment were adequately mitigated through the Final EIS issued in 1992. Supplemental environmental review was conducted, with no modifications to the mitigating measures. Findings of Fact No. 14 and 15. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. Public nuisances are addressed generally throughout the ACC and are addressed directly in ACC 8.12. A public nuisance affects public health and property values by creating visual blight, harboring rodents and/or bests, or creating unsafe pedestrian and traffic situations. Compliance with City design standards for road safety (width, sidewalks, traffic calming, and visibility) will ensure safe pedestrian and traffic access within the development. Connection to City sewer and water will limit impacts on public health. A Homeowners' Association and the associated Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to public health are reduced/eliminated, thereby promoting both general public welfare and property values. Findings of Fact Nos. 19,20,21,22, and 28. 6. The Applicant has provided support for the three deviation requests. The deviation requests are based on the site's topography and the location of critical areas (wetlands), the need to provide safe driving conditions, and a uniform aesthetic. All proposed deviation requests would provide reasonable and harmonious use of the property and would enhance the neighborhood, providing a safer, more aesthetically pleasing roadway. The deviations are consistent with the City's comprehensive plans and with the provisions of ACC Title 17. Literal interpretation of the provisions of ACC Title 17 would deprive the Applicant of rights commonly enjoyed by other properties in the area as the City has granted similar modifications within the Lakeland Hills South PUD. Findings of Facts No. 19. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that: Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 11 of 15 A. The three requests for deviation from City of Auburn design standards be APPROVED. B. The request for approval of preliminary plat for the subdivision of approximately 62.06 acres into 141 single family residential lots, two multi-family lots, and six tracts to provide stormwater facilities, utility easements, pedestrian access, open space, parkland, wetland protection, and shared access be APPROVED, subject to the following conditions: 1. In accordance with the conditions outlined in the Minor Adjustment to the Lakeland Hills South PUD, dated January 26,2006, the Fourth Amendment to the Lakeland Hills South Agreement shall included the "Walker Parcel" (Pierce County Tax Parcel 0520056015) and be recorded prior to the final plat approval. 2. Prior to commencement of any grading activities, the ApplicantlDeveloper shall staked, flagged, fence, and sign the buffers for Wetland B, Wetland BB, Wetland C, and Wetland F. Wetland signage content and location shall be subject to approval by the City of Auburn Director of Planning, Building, and Community Development. 3. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 4. As part of the engineering/construction drawings submitted for construction of the plat, the ApplicantlDeveloper shall also submit engineering/construction drawings for the construction of all park improvements. The park improvements shall be subject to approval by the City of Auburn Parks Director. Approval must be received prior to approval of the construction drawings for the public infrastructure of the plat. The materials supplied and installed must meet current City Parks, Arts, and Recreation Department standards and by approved by the Parks Director prior to installation and final plat approval. 5. Prior to final plat approval, the ApplicantlDeveloper shall coordinate and complete the abandonment of the existing public sewer pump station located upon the subject property. This abandonment shall include the salvaging of all electrical and mechanical equipment for delivery to the City of Auburn's Sanitary Sewer Utility. 6. The ApplicantlDeveloper shall construct on-site gravity sanitary sewer lines and off-site gravity sanitary sewer lines. These new sewer lines shall connect to a new public pump station located per an approved basin study with the Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 12 of 15 City of Auburn. All sewer lines shall be designed to Auburn Design Standards. 7. The Applicant/Developer shall construct the off-site sewer pump station or, in the alternative, wait until the pump station is completed by another developer. If the pump station is completed by another developer, the Applicant shall pay a payback fee for their pro rate share of the costs associated with the construction of the pump station. 8. All sanitary sewer lines located outside of the public right-of-way shall be placed within tracts. Tracts shall be a minimum width of 15 feet, centered over the sewer line. These tracts shall be deeded over to the City's Sanitary Sewer Utility. 9. Prior to final plat approval, all existing septic tanks shall be abandoned pursuant to Tacoma-Pierce County Health Department regulations. Copies of the approved abandonment documents from Tacoma-Pierce County Health Department shall be provided to the City prior to the commencement of any site grading. 10. Prior to review of civil plans, and as part of the final application submittal, the Applicant shall provide a current Certificate of W ater Availability from the City of Bonney Lake. 11. Prior to final plat approval, the Applicant/Developer shall abandon all existing water wells pursuant to Washington State and Tacoma-Pierce County Health Department regulations. The Applicant shall deed/transfer the water rights for said wells to the City of Auburn. 12. Prior to final plat approval, the Applicant/Developer shall construct a center landscaped median on Thomas Avenue SE. The median shall extend the full length of Thomas Avenue SE from Lake Tapps Parkway SE to the northern border of the plat. The median shall be construction to the satisfaction of the City Engineer. 13. Prior to final plat approval, the Applicant/Developer shall create a combined 30-foot wide utility and pedestrian access easement adjacent to Lot 141. The easement shall extend between the Plat and Lake Tapps Parkway SE. 14. Prior to final plat approval, the Applicant/Developer shall dedicate right-of- way and construct all roads within the plat, with the exception of Thomas Avenue SE, as local residential roads to City of Auburn Standards except where plat modifications (deviation requests) are granted by the City Council. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat - PLT05-0006 Page 13 of 15 15. Prior to final plat approval, the Applicant/Developer shall dedicate right-of- way and construct Thomas Avenue SE as a residential collector. 16. Prior to final plat approval, the Applicant/Developer shall construct the fourth leg of the signalized intersection of Thomas Avenue SE and Lake Tapps Parkway SE. 17. The final plat shall include a note that states: No direct residential access to Thomas Avenue SE is permitted. 18. Sight distance triangles shall be dedicated as public right-of-way within the plat or as an easement outside of the plat. 19. Street trees shall be subject to approval by the City Engineer. A separate approval block shall be shown on the landscape plans for that purpose. 20. The final plat drawing shall include addresses for each lot as assigned by the City. 21. Asbestos containing materials shall be removed prior to demolition of all on- site structures. Disposal of the materials shall be done in accordance with the requirements of the Puget Sound Clean Air Agency, Washington State Department of Labor and Industries, and the Tacoma-Pierce County Health Department. 22. Any required Washington State Forest Practices approval shall be obtained prior to site clearing, grading, or logging. Verification of meeting Washington State Department of Natural Resources Forest Practices requirements shall be provided to the City prior to the issuance of any grading permits. 23. A Washington State Department of Ecology Construction Stormwater General Permit shall be required prior to the issuance of any grading permits. 24. As provided in ACC 19.02, the Applicant/Developer shall pay school impact mitigation fees to the Auburn School District. Payment of mitigation fees is required at the time of building permit issuance. 25. A traffic impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. 26. A fire impact fee equivalent to the fee being collected for the Lakeland Hills South PUD shall be paid at the time of building permits for individual homes. Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 14 of 15 27. The ApplicantlDeveloper shall comply with all mitigation measures as provided in the Final EIS issued for Lakeland Hills, July 1992. Decided this day of May 2006 DRISCOLL & HUNTER Hearing Examiners for the City of Auburn By: THEODORE PAUL HUNTER Findings, Conclusions & Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC Plat- PLT05-0006 Page 15 of 15 EXHIBIT B PARCEL A: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, NORTH 01022'18" EAST, A DISTANCE OF 335.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88023'37" WEST, A DISTANCE OF 118.27 FEET; THENCE NORTH 17037'29" WEST, A DISTANCE OF 120.00 FEET; THENCE NORTH 01022'18" EAST, A DISTANCE OF 220.88 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 88038'26" EAST ALONG SAID NORTH LINE, A DISTANCE OF 157.35 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER SOUTH 01022'18" WEST, A DISTANCE OF 335.69 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE NORTH 208.71 FEET THEREOF. PARCEL B: THAT PORTION OF LOT 1, AS SHOWN ON PIERCE COUNTY SHORT PLAT NO. 8105130182, FILED WITH THE PIERCE COUNTY AUDITOR, AND THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 88038'26" WEST 157.35 FEET; THENCE SOUTH 01022'18" WEST 208.71 FEET; THENCE NORTH 88038'26" EAST 208.71 FEET; THENCE NORTH 01022'18" EAST 208.71 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5; THENCE SOUTH 88038'26" WEST 51.36 FEET TO THE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88008'42" WEST, 4.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17037'29" WEST, 174.40 FEET; THENCE SOUTH 88015'06" WEST, 595.55 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01003'40" WEST, ALONG SAID WEST LINE 169.16 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 88008'42" EAST ALONG THE SAID SOUTH LINE 656.13 FEET TO THE POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON. (BEING PARCEL B OF BOUNDARY LINE REVISION RECORDED UNDER RECORDING NUMBER 9003080209.) TOGETHER WITH A 30.00 FOOT EASEMENT FOR INGRESS, EGRESS, AND UTILITIES ALL LYING WITHIN SECTIONS 5 & 8, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, AS DISCLOSED BY AUDITOR'S NO. 8605230394, WHICH IS A RE-RECORD OF INSTRUMENT RECORDED UNDER AUDITOR'S NO. 8602260382, SAID EASEMENT BEING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST-WEST CENTERLINE OF SECTION 5 THAT IS NORTH 88008'42" EAST 847.25 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 08037'38" EAST 4.00 FEET; THENCE SOUTH 20013'25" EAST 279.31 FEET; THENCE SOUTH 18003'25" EAST 290.44 FEET; THENCE SOUTH 24003'25" EAST 276.22 FEET; THENCE SOUTH 20053'50" EAST 632.30 FEET; THENCE SOUTH 33027'53" EAST 115.47 FEET; THENCE SOUTH 06043'03" EAST 149.89 FEET; THENCE SOUTH 34031'03" EAST 215.93 FEET; THENCE SOUTH 21004'23" EAST 135.93 FEET; THENCE SOUTH 51009'01" EAST 51.33 FEET; THENCE SOUTH 89030'01" EAST 110.58 FEET; THENCE SOUTH 71030'11" EAST 144.15 FEET; THENCE SOUTH 56036'51" EAST 61.43 FEET; THENCE SOUTH 13019'51" EAST 163.57 FEET; THENCE SOUTH 24027'41" EAST 405.12 FEET; THENCE SOUTH 43000'09" EAST 149.28 FEET; THENCE SOUTH 34040'42" EAST 176.56 FEET; THENCE SOUTH 24023'02" EAST 98.40 FEET; THENCE SOUTH 40026'55" EAST 166.75 FEET; THENCE SOUTH 25017'59" EAST 166.61 FEET TO A POINT THAT IS SOUTH 05035'44" EAST 620.46 FEET FROM THE QUARTER CORNER OF SAID SECTIONS 5 & 8; THENCE SOUTH 46006'59" EAST 45 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY OF NORTH TAPPS HIGHWAY AND THE TERMINUS OF THIS EASEMENT, IN PIERCE COUNTY, WASHINGTON. PARCEL D: THA T PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF W.M. IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST CORNER OF SOUTH HALF OF NORTHWEST ALSO KNOWN AS SOUTHWEST CORNER OF GOVERNMENT LOT 4 PER RECORD OF SURVEY 8807280259; THENCE NORTH 89054'50" EAST 1638.38 FEET TO POINT OF BEGINNING; THENCE SOUTH 03026'36" WEST 48.22 FEET; THENCE SOUTH 31001'58" WEST 20.64 FEET; THENCE SOUTH 24016'49" EAST 21.34 FEET TO A POINT OF A NON-TANGENT, 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY AND TO WHICH POINT A RADIAL BEARS NORTH 38055'41" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 127034'07", A DISTANCE OF 222.65 FEET; THENCE SOUTH 76029'48" EAST 18.99 FEET TO A POINT ON A NON-TANGENT, 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY AND TO WHICH POINT A RADIAL BEARS NORTH 74000'49" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75026'30" A DISTANCE OF 131.67 FEET; THENCE SOUTH 13049'52" EAST 39.60 FEET; THENCE SOUTH 60058'23" EAST 65.47 FEET; THENCE SOUTH 24020'35" EAST 20.88 FEET; THENCE SOUTH 45031'31" EAST 63.43 FEET; THENCE SOUTH 63047'35" WEST 44.14 FEET; THENCE SOUTH 0 1 0 18' 19" EAST 111.57 FEET; THENCE SOUTH 29017'48" EAST 5.34 FEET; THENCE SOUTH 04011 '06" WEST 17.53 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 89032'03" EAST ALONG SAID SOUTH LINE 136.65 FEET TO WEST LINE OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SECTION 5; THENCE SOUTH 02039'05" WEST 665.38 FEET; THENCE NORTH 89009'03" EAST 656.14 FEET TO SOUTHEAST CORNER OF THE NORTHWEST QUARTER; THENCE NORTH 02058'21" EAST 1322.39 FEET TO SOUTH LINE OF GOVERNMENT LOT 3; THENCE SOUTH 89054'50" WESTI013.86 FEET TO POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 58 OF EAST POINTE DIVISION 2 AS SHOWN ON THE PLAT THEREOF, RECORDED UNDER AUDITORS FILE NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 89032'03" EAST, ALONG THE SOUTH LINE THEREOF, 63.26 FEET TO THE SOUTHEAST CORNER OF SAID LOT 58; THENCE CONTINUE NORTH 89032'03" EAST 136.45 FEET; THENCE SOUTH 02039'05" WEST 264.69 FEET TO THE POINT OF BEGINNING; THENCE NORTH 51045'51" EAST 30.22 FEET; THENCE NORTH 84058'09" EAST 58.80 FEET; THENCE SOUTH 38044'04" EAST 169.28 FEET; THENCE NORTH 68037'52" EAST 68.29 FEET; THENCE SOUTH 04004'43" WEST 60.77 FEET; THENCE SOUTH 58057'55" EAST 81.04 FEET; THENCE SOUTH 03022'20" WEST 94.81 FEET; THENCE SOUTH 45026'42" WEST 27.26 FEET; THENCE SOUTH 22041 '25" WEST 59.31 FEET, TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 124.70 FEET, AND TO WHICH POINT A RADIAL BEARS NORTH 51033'12" WEST; THENCE SOUTHERLY AND COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21059'26" A DISTANCE OF 47.86 FEET TO THE SOUTH LINE OF THE AFOREDESCRIBED PARCEL D AND THE TERMINUS OF THIS LINE DESCRIPTION. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR ADDITIONAL RIGHT OF WAY FOR LAKE TAPPS PARKWAY EAST AND THE "MINING ACCESS RAMP," BY DEED RECORDED UNDER AUDITOR'S NO. 9703120171. PARCEL E: THAT PORTION OF THE NORTHWEST OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH ALONG THE EAST LINE THEREOF TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION, 470 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NO. 9907190049. PARCEL F: THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN, PIERCE COUNTY, WASHINGTON; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9907090701. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200407150689. PARCEL G: LOT 2, PIERCE COUNTY SHORT PLAT NO. 8105130182, ACCORDING TO MAP RECORDED ON MAY 13, 1981, IN PIERCE COUNTY, WASHINGTON. EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 58 OF EAST POINTE DIVISION 2 AS SHOWN ON THE PLAT THEREOF, RECORDED UNDER AUDITORS FILE NUMBER 200012155001, RECORDS OF PIERCE COUNTY, WASHINGTON; THENCE NORTH 89032'03" EAST, ALONG THE SOUTH LINE THEREOF, 63.26 FEET TO THE SOUTHEAST CORNER OF SAID LOT 58 AND THE POINT OF BEGINNING; THENCE SOUTH 04012'40" WEST 135.24 FEET; THENCE NORTH 83025'05" EAST 15.46 FEET; THENCE SOUTH 21035'05" EAST 183.52 FEET; THENCE NORTH 51045'51" EAST 65.32 FEET TO THE EAST LINE OF THE AFOREMENTIONED LOT 2 AND THE TERMINUS OF THIS LINE DESCRIPTION. TOGETHER WITH A 30 FOOT PRIV A TE ROAD AND UTILITIES EASEMENT AS DELINEATED ON SAID SHORT PLAT. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 2. ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES INCLUDING ELECTRICITY, GAS, WATER AND TELEPHONE, OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE EAST 15 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, AND THE SOUTH 30 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 5, IN PIERCE COUNTY, WASHINGTON. EXCEPT THE SOUTH 30 FEET THEREOF. ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH, THE WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON; THENCE SOUTH 88008'42" WEST A DISTANCE OF 4.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17037'29" WEST A DISTANCE OF 468.80 FEET TO A POINT BEING THE TERMINUS OF THIS WESTERLY EASEMENT LINE DESCRIPTION, IN PIERCE COUNTY, WASHINGTON. ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS A STRIP OF LAND 30 FEET IN WIDTH BEING 15 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; THENCE SOUTH 88008'42" WEST A DISTANCE OF 4.58 FEET; THENCE NORTH 17037'29" WEST A DISTANCE OF 348.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88023'37" EAST A DISTANCE OF 450.87 FEET TO A POINT BEING THE TERMINUS OF THIS CENTERLINE EASEMENT DESCRIPTION, IN PIERCE COUNTY, WASHINGTON. ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THE SOUTH 50 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON. PARCEL H: LOT 1, PIERCE COUNTY SHORT PLAT NO. 8105130182, ACCORDING TO MAP RECORDED ON MAY 13, 1981, RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT THE WEST 51.36 FEET OF THE NORTH 208.71 FEET OF SAID LOT 1. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON SAID SHORT PLAT. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 1. PARCEL I: LOT 4, PIERCE COUNTY SHORT PLAT NUMBER 8105130182, ACCORDING TO MAP RECORDED ON MAY 13, 1981, RECORDS OF PIERCE COUNTY AUDITOR. TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON SAID SHORT PLAT. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITHIN SAID LOT 4. TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., RECORDS OF PIERCE COUNTY AUDITOR, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88 DEGREES 08 MINUTES 42 SECONDS WEST, A DISTANCE OF 4.58 FEET; THENCE NORTH 17 DEGREES 37 MINUTES 29 SECONDS WEST, A DISTANCE OF 348.80 FEET; THENCE NORTH 88 DEGREES 23 MINUTES 37 SECONDS EAST, A DISTANCE OF 118.27 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 01 DEGREES 22 MINUTES 28 SECONDS WEST, 335.70 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL J: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT THE FOLLOWING DESCRIBED PORTION: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER SOUTH 88008'42" WEST, 660.71 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 01003'40" EAST ALONG SAID WEST LINE 169.16 FEET; THENCE NORTH 88015'06" EAST, 595.55 FEET; THENCE NORTH 17037'29" WEST, 294.40 FEET; THENCE NORTH 01022'18" EAST, 220.88 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 88038'26" EAST, 157.35 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 01022'18" WEST ALONG SAID EAST LINE, 671.39 FEET TO THE POINT OF BEGINNING. (BEING PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED MARCH 8,1990 UNDER RECORDING NUMBER 9003080209.) SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF WASHINGTON. PARCEL K: LOT 3, PIERCE COUNTY SHORT PLAT NUMBER 8105130182, ACCORDING TO MAP RECORDED ON MAY 13, 1981, RECORDS OF PIERCE COUNTY AUDITOR TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITES AS DELINEATED ON SAID SHORT PLAT. EXCEPT FROM SAID EASEMENT THAT PORTION LYING WITH SAID LOT 3.