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HomeMy WebLinkAbout4098 RESOLUTION NO. 4098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A PRELIMINARY PLAT APPLICATION TO SUBDIVIDE 21.99 ACRES INTO 68 LOTS AND EIGHT TRACTS FOR WETLANDS AND BUFFERS, UTILITIES, AND MONUMENT SIGNS WITH TWO PLAT MODIFICATIONS, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. PL T06-0004, dated May 19, 2006, has been submitted to the City of Auburn, Washington, by Lakeland East LLC, requesting approval of a preliminary plat application to subdivide 21.99 acres into 68 lots for future residential development with two plat modifications, and eight 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 Room 3 of the Auburn City Hall on August 22, 2006, after which, on September 7, 2006, the Hearing Examiner made Findings of Fact, Conclusions of Law and Recommendations in which the Hearing Examiner recommended approval of the preliminary plat subject to conditions; and WHEREAS, the City Council, at its meeting of September 18, 2006, considered and affirmed the Hearing Examiner's recommendation for preliminary plat based upon said Findings, Conclusions and Recommendations. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Resolution 4098 September 18, 2006 Page 1 of 4 Section 1. The Hearing Examiner's Findings, Conclusions and Recommendations attached hereto as Exhibit "A" incorporated in this Resolution by this reference, are hereby approved and adopted. Section 2. The request for preliminary plat approval to subdivide 21.99 acres into 68 lots for future residential development, and street, utility, and wetland 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. Mitigation measures as outlined in the FE IS Lakeland Hills South Mining & Reclamation Plan & Planned Community Development 1992. 2. Prior to final plat approval, a landscaping plan with applicable cross sections is required, demonstrating that storm drainage pond aesthetic requirements consistent with city standards can be accommodated off-site. 3. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. 4. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property, access tracts with suitable driving surfaces shall be established. 5. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 6. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 7. Prior to the issuance of FAC permits, the applicant shall provide the City of Auburn with easements for the off-site sewer system. These easements shall have a suitable driving surface for maintenance. Resolution 4098 September 18, 2006 Page 2 of 4 8. The proposed method of sanitary sewer disposal requires a sewer pump station to be constructed and located off-site to serve the larger service area in accordance with City of Auburn Design and Construction Standards. If the sewer pump station is constructed by another developer, then the applicant shall be responsible for their fair share of the sewer pump station construction. 9. Prior to final plat approval, all existing septic tanks shall be abandoned per the Tacoma-Pierce County Health Department requirements. Copies of the approved abandonment papers from the Health Department shall be provided to the City prior to commencement of site grading. 10. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and Tacoma-Pierce County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn. 11. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 12. 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. 13. The final plat drawing shall include addresses for each lot as assigned by the City. 14. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed. 15.Prior to commencement of grading activities, buffers for Wetlands "B", "E", "D", "DD", and "C" shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be shown in the final wetland mitigation plan and be approved by the City of Auburn Director of Planning, Building, and Community. 16. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 17. Prior to final plat approval, the development shall construct a center landscaped median on 63rd Place SE to the satisfaction of the City Engineer. This median shall extend from Victoria Avenue SE to Wesley Place SE. 18. The applicant shall work with the Auburn and Dieringer School Districts to coordinate safe bus stop locations. A letter from each school district verifying the bus stop locations shall be submitted to the city prior to final plat approval. Resolution 4098 September 18, 2006 Page 3 of 4 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 It ~day of ~~u ,2006. C PET R B. LEWIS, MAYOR ATTEST: h~L~~ Da . lie E. Daskam, City Clerk Resolution 4098 September 18, 2006 Page 4 of 4 Exhibit A Number of Pages 9 BFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of NO. PL T06-0004 LAKELAND EAST LLC ) ) ) ) ) ) ) ) FINDINGS, CONCLUSIONS AND RECOMMENDA nON F or Approval of a Preliminary Plat LAKE LAND HILLS AREA 8 SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the Lakeland Hills Area 8 preliminary plat be APPROVED, subject to conditions. SUMMARY OF RECORD Request: Lakeland East LLC requests approval of a preliminary plat application to subdivide one parcel of land, approximately 22 acres in area, into 68 lots for future single-family residential development, two new public roads, and several wetland areas. The subject property is located in Auburn, Washington generally east of 62nd Street Southeast and north of Lake Tapps Parkway. Hearing Date: The Hearing Examiner for the City of Auburn held an open record hearing on the request on August 22, 2006. Testimony: The following individuals presented testimony under oath at the open record hearing: 1. Elizabeth Chamberlain, City of Auburn 2. Joseph Welsh, City of Auburn 3. Jeff Mann, for Applicant 4. Sean Martin, for Applicant Exhibits: The following exhibits were admitted into the record: 1. Staff Report dated August 17,2006 2. Preliminary Plat Application received May 19,2006 3. Notice of Application dated June 27, 2006 4. Notice of Public Hearing dated August 11,2006 5. Affidavit of Posting of Legal Notice By Staff dated August 14, 2006 6. Addendum to Final Environmental Impact Statement dated August 9,2006 7. Determination of Completeness dated June 14, 2006 8. Environmental Checklist dated June 7, 2006 9. Lakeland Area 8 Preliminary Plat Map prepared by Apex Engineering received August 17, 2006 10. Lakeland Area 8 Conceptual Grading Plan prepared by Apex Engineering received August 17, 2006 11. Lakeland Area 8 Conceptual Utility Plan prepared by Apex Engineering received August 17, 2006 12. Lakeland Area 8 Sight Distance Triangle Exhibit prepared by Apex Engineering received May 19,2006 13. Preliminary Storm Drainage Report prepared by Apex Engineering dated July 13, 2006 14. Wetland and Stream Analysis Report prepared by B-12 Wetland Consulting I dated April 20, 2006 15. Letter from Ed Sewall with supplemental wetland information dated July 26,2006 16. Letter from Ed Sewall clarifying wetland buffers dated August 3, 2006 17. Letter from Jeffery Mann requesting four road deviations dated July 12,2006 18. Letter from Sean Martin detailing landscaping plans dated April 5, 2006 19. Letter from Sean Martin discussing the Master Signage Plan dated December 21,2005 20. Comment letters from other agencies including Auburn School District, Tacoma-Pierce County Health Department, Department of Natural Resources, Pierce County Public Works, Department of Ecology, Muckleshoot Indian Tribe 21. Certificate of water availability from City of Bonney Lake 22. Staff update to conditions, presented at the hearing 23. Letter from Jeffrey Mann responding to proposed conditions dated August 17,2006 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 Lakeland East LLC (Applicant) requested approval of a preliminary plat to subdivide one parcel of vacant land, approximately 22 acres in area, into 68 residential lots, including new public roads, and several wetlands areas. The parcel is identified by Pierce County Parcel Number 0520052039.2 Exhibit 1, page 1. Exhibit 2, pages 1 and 4. Exhibit 9. 2. Lakeland Hills Area 8, the proposed plat, is being developed as a component of the much larger Lakeland South Project. The subject parcel is part of approximately 100 acres that 1 B-12 Wetland Consulting has since changed its name to Sewall Wetland Consulting. Exhibit 16. 2 A legal description is included on page 4 of Exhibit 2. The Staff Report gives the following general location: "east of62nd Street Southeast and north of Lake Tapps Parkway." Exhibit I, page I. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 2 of9 the City of Auburn annexed from unincorporated Pierce County in August 2006. The larger Lakeland South Project is being developed under a 17 year plan and has undergone extensive planning and evaluation. Testimonies of Elizabeth Chamberlain and Jeff Mann. City of Auburn REZ05-0004. 3. The proposed development will not have a probable significant adverse environmental impact. Water and sewer will be provided to the development by public utilities. The site's stormwater will be detained and treated at a pond in another section of the Lakeland South Project. While many wetlands exist on site, the buffers will be largely respected. No threatened or endangered species is known to be present on site. Adequate transportation facilities will be available. Care will be taken during construction to mitigate noise, erosion, and other problems inherent in construction. Exhibits 6, 8, 13, 14, 15, 16, and 21. 4. The proposed development is included under the Final Environmental Impact Statement (FEIS) done for the Lakeland South Project. The Lakeland Hills Area 8 project did not lead to any changes from the mitigation measures set forth in the FEIS. The SEP A determination was not appealed. Exhibit 6. Testimony of Elizabeth Chamberlain. 5. The there are six wetland areas on site. The wetlands have been labeled B, C, D, DD, E, and F. Access to the site requires building a road through wetlands Band F. A bidirectional culvert will be installed to reduce the road's impact on the wetlands. Wetland mitigation will occur on-site to replace the disturbed wetlands in a 3:1 ratio. The remaining wetlands and wetland buffers will be respected. Exhibits 8, 9, 14, 15, and 16. 6. The subject property is zoned PUD, Planned Unit Development, and is designated as Moderate Density Residential and Open Space by Auburn's Comprehensive Plan. Exhibit 1, pages 1-3. The PUD zone is intended to "offer enhanced flexibility to develop a site through innovative and alternative development standards. A PUD district also allows for a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units than may be realized by using the existing development standards. In exchange for this enhanced flexibility, the city will require the PUD to result in a significantly higher quality development, generate more public benefit and be a more sensitive proposal than would have been the case with the use of standard zoning or subdivision procedures." Auburn City Code (ACC) 18.76.010. 7. The proposed plat satisfies the SFD-5 zone development standards included in the Lakeland South PUD section of the Auburn City Code. Development standards within the SFD-5 zone include minimum lot size for single family dwellings of 2,730 square feet and minimum lot width of 40 feet. Required setbacks include: 10 feet for front yard, porch; 15 feet for front yard, residence; 18 feet for front yard, garage; 3 feet for side yard, Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 3 of9 interior; 6 feet for side yard, street; and 10 feet for rear yard. ACC 18. 76.060(B)(2). Exhibit 1, page 4; Exhibit 9. 8. The road curve radius deviations requested by the Applicant are necessary for the proper development of the parcel and are not unsafe. The property's numerous wetlands restrict the land available for development. As the proposed development does not create any opportunities to connect its internal street system with other parts of the road network, internal streets will never be required to serve more than local traffic. The proposed internal curves are acceptable for local traffic and meet the requirements of emergency vehicles. Exhibits 9, 14, 15, 16, and 17. Testimony of Joseph Welsh. 9. The "Boulevard" style divided parkway access to the development proposed by the Applicant is safe and acceptable. Housing areas of more than 30 residences generally require dual access to ensure the safety of residents during emergencies. Although the proposed parkway does not provide two separate access roads, it creates a safe environment through its divided design. Both of the lanes are large enough to accommodate emergency vehicles. In the event that one of the lanes is blocked, the emergency vehicle can use the other lane without searching for an alternate entrance. Exhibits 17 and 22. Testimony of Joseph Welsh. 10. The proposed development is compatible with the surrounding area. The properties to the south and to the west of the proposed development are part of the same overall planned unit development. The property to the north is zoned Multi-Family Residential but developed with single family residences. The property to the east is currently vacant. Exhibit 1, page 2. 11. No traffic study or impact analysis was included in the record. The Applicant will pay a per-trip impact fee at the time of building permit issuance. Exhibit 1, page 7; Exhibit 20, page 4. 12. The Applicant proposes to connect to the City of Auburn sanitary sewer service and obtain water from the City of Bonney Lake. The City of Bonney Lake provided a certificate of water availability for 61 lots; the proposed development is for 68 lots. Jeff Mann testified at the hearing that the discrepancy was a typo and that the City of Bonney Lake had sufficient capacity and a new certificate would be issued upon his request. Exhibit 1, page 5; Exhibits 2 and 21. Testimony of Jeff Mann. 13. The development will pay school impact fees at the time of building permit issuance to mitigate its impacts on the school system. The proposed development is located within the Dieringer School District, but the high school population will be served by Auburn School District. Exhibit 1, pages 4, 5, and 7. 14. The Applicant proposes building sidewalks along throughout the development and connecting to the section of the planned unit development to the west. The Auburn Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 4 of9 School District expressed concern about placing a bus stop along Lake Tapps Parkway SE, but was also unwilling to run a bus into the development. Sean Martin testified that safe bus stops would be found in adjacent plats. The Applicant stated that safe bus stops would be found before final plat approval. Exhibit 1, page 5; Exhibits 20 and 23. Testimony of Sean Martin. 15. Parks and open space are provided for as part of the overall Lakeland South project. The site's undisturbed wetlands also function as open space. Exhibit 1, page 5; Exhibit 9. 16. The Lakeland Hills Area 8 plat makes sufficient provision for storm water detention and treatment in a different section of the Lakeland Hills Planned Unit Development. Building a single detention pond for the larger development is easier for the City since it will then have only one site to maintain. Exhibits 13 and 23. 17. The City of Auburn Comprehensive Plan sets forth goals for density, housing diversity, and neighborhoods that are relevant to this proposal. Policy LU-14 states that the majority of single family residential development should have a density between 4 and 6 dwelling units per acre. Objectives 7.2 and 7.3 both support the development of more single family homes. Exhibit 1, page 4. City of Auburn Comprehensive Plan with revisions through December 2004 pages 3-14 to 3-16. 18. The City of Auburn provided sufficient notice of the hearing. Notice of the hearing was posted at the site on August 11, 2006. Notice of the hearing was mailed to all property owners within 300 feet of the site.3 Due to an oversight, notice of the hearing was published in the King County Journal instead of a Pierce County paper. Exhibits 4 and 5. Testimony of Elizabeth Chamberlain. 19. The developer reviewed the staff s proposed conditions and accepted them after suggesting two minor changes. Exhibit 23. CONCLUSIONS Jurisdiction Pursuant to Auburn City Code (ACC) 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 approval of a preliminary plat is pursuant to ACC 14.03.040(A) and 17.06.050. 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: 3 ACC 17.06.030(C)(1) requires publication in a newspaper of general circulation within the county where the land for the proposed subdivision is located. The record does not include evidence of such publication. Additionally, the record does not specify when the notice was mailed to property owners within 300 feet. However, there is sufficient evidence of notice to conclude that reasonable notice was given. Exhibits 4 & 5. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 5 of9 1. 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, playgrounds and sites for schools and school grounds. 2. 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. 3. Conformance to the City of Auburn's zoning ordinance and any other applicable planning or engineering standard and specifications. 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. 5. Adequate provisions have been made so that the preliminary plat will prevent or abate public nuisances. 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. With conditions, the proposed plat will adequately address all areas required by the criteria for approval. The streets within the proposed plat will provide adequate transportation for residents and will include sidewalks for pedestrian safety and school access. The provisions for emergency access to the area are also sufficient. Schools will be provided for through impact fees at the time of building permit issuance. Storm water from the proposed plat will be detained and treated at facilities included in a nearby, connected development. The proposal sets aside on-site open space in wetland preserves and includes access to open spaces elsewhere in the Lakeland Hills project. The plat will be connected to public utilities for water and sanitary wastes. Findings 3, 5, 7, 8, 9, 10, 11, 12,13,14,15, and 16. 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 subdivision would be consistent with the purposes and regulations of the subdivision title, substantially consistent with the City's design and construction standards, and would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. Conclusion 1. Findings 6, 7 and 17. 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 substantially complies with all related City codes and standards including development standards for the PUD zoning district. Physical conditions at the site require small deviations from the planning and engineering standards, but deviations Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 60f9 will not change the character of the neighborhood nor impair public welfare. Findings 7, 8, and 9. 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. Acting as the lead agency, the City determined that the proposed plat will not have a probable significant adverse impact on the environment. The site was reviewed as part of a larger environmental impact statement. The proposed plat provides adequate buffers for most wetlands on-site and includes a 3: 1 replacement ratio for the disturbed wetlands. The stormwater system will prevent runoff from damaging nearby land including the on-site wetlands. Findings 2, 3, 4, 5, 10, 11, 12, 15, and 16. 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 beasts, or creating unsafe pedestrian and traffic situations. The proposed plat will not result in any public nuisances. Connection to public sewer and water will limit potential negative impacts on public health. Conclusion 1. Findings 5, 10, 12, and 16. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner for the City of Auburn recommends to the Auburn City Council that the request for approval of preliminary plat to subdivide one parcel of land, approximately 22 acres in combined area, into 68 residential lots, new public roads, and wetland areas be APPROVED, subject to the following conditions:4 1. Mitigation measures as outlined in the FEIS Lakeland Hills South Mining & Reclamation Plan & Planried Community Development 1992. 2. Prior to final plat approval, a landscaping plan with applicable cross sections is required, demonstrating that storm drainage pond aesthetic requirements consistent with city standards can be accommodated off-site. 3. Public storm drainage facilities shall be constructed to adequately manage the storm water quantity and quality impacts from the proposed public street improvements associated with the project. Storm drainage from the public street improvements shall not drain onto private properties. 4. All utilities shall be placed within the public right-of-way. If utilities need to be placed on private property, access tracts with suitable driving surfaces shall be established. 4 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts of this development. Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 70f9 5. Proposed Conditions, Covenants and Restrictions (CC&Rs) for the future Homeowners' Association shall be submitted for review and approval by the City prior to final plat approval. This document shall specify the financial means of maintenance of all common open spaces. 6. The developer shall construct on-site gravity sanitary sewer lines and off site gravity sanitary sewer lines to the subject property. All lines shall be per Auburn Design Standards. 7. Prior to the issuance of F AC permits, the applicant shall provide the City of Auburn with easements for the off-site sewer system. These easements shall have a suitable driving surface for maintenance. 8. The proposed method of sanitary sewer disposal requires a sewer pump station to be constructed and located off-site to serve the larger service area in accordance with City of Auburn Design and Construction Standards. If the sewer pump station is constructed by another developer, then the applicant shall be responsible for their fair share of the sewer pump station construction. 9. Prior to final plat approval, all existing septic tanks shall be abandoned per the Tacoma- Pierce County Health Department requirements. Copies of the approved abandonment papers from the Health Department shall be provided to the City prior to commencement of site grading. 10. Prior to final plat approval, the developer shall abandon existing wells, if any, per Washington State and Tacoma-Pierce County Health Department regulations and deed/transfer the water rights for said wells over to the City of Auburn. 11. Prior to final plat approval, the developer shall dedicate right of way and construct all roads within the plat as local residential roads to City of Auburn Standards except where plat modifications are granted by City Council. 12. 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. 13. The final plat drawing shall include addresses for each lot as assigned by the City. 14. Prior to final acceptance of the public improvements, "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed. 15. Prior to commencement of grading activities, buffers for Wetlands "B", "E", "D", "DD", and "c" shall be staked, flagged, silt fencing installed, and signage placed on-site by the applicant. Wetland sign content and location shall be shown in the final wetland Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 8 of9 mitigation plan and be approved by the City of Auburn Director of Planning, Building, and Community. 16. The plat shall meet all conditions of the Lakeland Hills South Development Agreement, as amended. 17. Prior to final plat approval, the development shall construct a center landscaped median on 63rd Place SE to the satisfaction of the City Engineer. This median shall extend from Victoria Avenue SE to Wesley Place SE. 18. The applicant shall work with the Auburn and Dieringer School Districts to coordinate safe bus stop locations. A letter from each school district verifying the bus stop locations shall be submitted to the city prior to final plat approval. Decided this 7th day of September 2006 ~~. ~op()" THEODORE PAUL HUNTER Hearings Examiner Findings, Conclusions, and Recommendation Hearings Examiner for the City of Auburn Lakeland East LLC (Lakeland Hills Area 8 Preliminary Plat) PLT06-0004 Page 9 of9 Resolution 4098 September 18, 2006 Page 1 of 1 Exhibit B Legal Description THAT. PORTION' OF THE SOUTH HALf OF THE NORnIWEST QUARTER OF SECTIONS, TOWN~HlP 20' NORUI.. RANGE S EAST' OF.' THE WILLAMETI'E ~. CITY OF AUB{,JRN, PIERCECOumy, WASHINGTON, AND MORE : SPEClF!CALLY DESCRIBED'AS FOLLOWS: ... .COMWJNCING AT' THE NORTHWEsT CORNER . OF THE ,SOUTH HALF OF THE NORl'HWEST QUAlttER, ALSO KNOWN M. 1'HE . SOUTliWBST CORNER. 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GONCAVENORTHEAS~tu.Y,HAVlNG A RADIUS OF 100.00 F,$Tj AND'TO WHICH POINT A MOJAL ~EARSNORTH 74"00'49" WEST;" ~CE SOVtHBRLYAND COuNT.B&CLOCKWISB, ALONG $AR.COF SAID CURVE. nmOUGHA CBN1'ftAL .A)KjLe OF 7S"2(j!30"', A DISTANCE OF '131.67FEEr;' 'THEN.CESOUTH 13"49'S2~EAst'~9;60 FEET; meNCESOUTH60oS8"23" EAST 65.47 FEET; TIlENCESO'lfrH 24~O'3S' EAST 20.88FBET;THENCES()UTH 4S"31~31"' EA:ST63.43 FEET; mENCESOtrIH63"47'3Sn WEST 4U4FEET; TIJENCE' . SOI.JTHOl018'i9"' 'EAST 111.57 FEET; niENcESOUTH 29017'48" EAST 5.34 FEET; '11IENCE SoUm040U'06" WSST 17.53.P1$T TO THE SOUTH LINE. OF THE NORTH lIALF;OF THE SoUT.liJW;F, 9FSAlDNO~STQUARTER; tHENCE SOl./TH .65017'48"' EAsT 149;42 "FEET' TO THE BOOINNING OF A CURVE, CONCAVE .NORTHBAS1'$J.YAND HAVINO A RAJ)IUSOF lOMOFJZET; TH:ENCEA.I;.ONG 'IlIE AAc:OFSAID CURVEmROUGH kCENT:RAL~OF 14049'S3" A DISTANCE OF qO;61FEBT;'l'HSNCE sourn 74912'05"' EAST 10.14 FEET; THaNCENORTIi 73002'19" EAST 33.10 FEET; THENCE SOUfH35059'21" EAST 9.86FEETTOUlElUlOINNINGOF ACURVE,CO!\lCAVE NORTIlEASTERL Y AND HAVJ:NG A. RADIUS OF 25;00 FEET; 1HENCE ALONG 1HE ARC OF SAID. CURVE, 11iROUGH A CENTRAL ANGLE OF 47"49'12~, A. DISTANCEOf' 26.81FBE:r; ~CE SOUI'HS3048~33"EAST 11.4SFEETi '1lIENCE sottm 31019'12"'EAST52.24 FEET Tonm BEGlNNINO OF A CURVE, CONCAVE NORTHEAsTBRLY' ANn HAVING A RADIUS OF .1OO;flOFEET;THENCE . ALONGttm ARC OF'SAm CURVE, ntROVGH A CBNTRAI:.ANGLE OF 81047'34"', A DlSTANCEOF 142.76 FEET, TO THE .BOOlNNINO OF A NON-'tANOENTCURVE, . CONCAVE NOa.:TImASTElU;.Y,HA.VJNG A RADlUSOFlOO;QO FEET AND TO WHICH 'POINT A RADIAL B:EARS NORm "052'59" WEST; THENCE SOUI'HERLYANl) .COl.JlllTER CLOCKWJSB,ALONOnVfARCOF sAiD CURVE, nmOUGH A CENTRAL .' ANGLE OF 76"28'26", A ~ANcE OF 1~3;47FBET, lOTHE BEGINNING OF kNON- TANGEl\IT CURVE,CONCA~EAST.ERLY, HAVING A RADIUS OF 100.00 FEET AND . TO WHlCBpOINt A ~IAL BE.AnSNQRTH67"42'46" WEsT; THENCE.SOU11IERL'Y ANDC~ CLOQi(wrsE~ '..\LONG'1HB 'ARC '.OFSAID. CURVE,~OU9H. A CENf.RAI.~G~Of4304O''i$'', A D.IS1~'Ot7622FEET, TOnm.BE"QlNNll'lGOF A . NON-TANGENT ~vE.COlllCA~cBA$:I:$RLY.HAVl1'lG A R:AOOJSOF .100;00 FEET AND TOwHIcH;POINTA RADIAL~NORTH48"24'21;' WEST; 'fImNCE 'SOUI'HiERLy ANPCOUNTERcL6cKWISE, ALONG '.'I1fB SArDCURVE, _OUGHA cm#RAtANGLE 3$041'53," A PISTANCE QF,67.72FBET; nmNCB sotfni.02"4'r46" WEST 13.62 l"BEt. TO'TaB BEOImlING OF A puRVE, CaNGAVE EAS'fBRLY AND HAVING A RADIUS OF lOO.OOFBET;. THENCBALONO THE ARC OF SAJOCUltVE; l1$otKJH A CEifrRAL. AN6LEOF 74"58'24"' A DIstANCE OF 13027FBBT.TO APOlNTONTHE NOatHBRLY MARGIN OF LAKE TAPPS PARKWAY I3ASt, SAID PODlTA{,S()~.G A ronri' ON. ANON.t~GENTCURY'E, CONCAVE 'so~y,HAViNG AItADlUsoF965.00FEBT AND TO WlllCH POlNTA RADIAL :stARs ~m320SS'29"' .WEST; TImNCENOR1'HEA8TERLYAND . CLOCKWISE, ALONG~AR,C OFSAlI) CURVE, TIiROVGH- A CENTRAtANOLE OF l7"49'{)3" A DISTANCE OF 3b0J>9 FEET, TO THE EAST LINE OF 'IlIE AFOREMENTIONED. SOlITH !iALF,QF 11I'ENORT!lWESTQUARTER;T:HBNCE NOR:rH020S7'29~ EAST, ALONG SAm BASTUNE. 125S.1{)FBET TOnm NORTIIEASTCORliEROF SAID SOI.J'lH HALF,OF THe NOR~T QUARTER; lHENCE ALONG THE NORTH LINE OFSAID SOtrllI HALF, SOUlH&9054'49" WEST lQ-13.42FEET TOTHEPOlNTOFBEGINNIN(;.