ORDINANCE NO. 390

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON APPROVING THE CROSS CREEK SHORT PLAT.

Whereas, Mike Goode, Willowbrook Construction, has applied for a short plat of Pierce County Assessor's parcel #253050-048-0, legal description attached hereto and incorporated by reference as Exhibit "1", and which short plat is depicted in the site plan, Exhibit "2", and

Whereas, a public hearing was held before the Town Council on April 4, 2000, and

Whereas, the Town Planner, Mark Kask, reported that the criterion for the approval of a short plat had been met, and

Whereas, having heard testimony the Council recessed the City Council meeting of April 4, 2000 to April 11, 2000 to consider this ordinance, and

Whereas, the subject property has some construction on it that will be removed to comply with the configuration of the short plat, and

Whereas, this property has been subject to litigation, and

Whereas, allegations have been made by a neighboring property owner that the property owner neighboring has priority with respects to utilities and if utilities are allowed to the property subject to the short plat he may file a cause of action to enjoin utility hookup alleging that he has priority, and

Whereas, the Town received correspondence from the Washington State Department of Ecology dated March 31, 1998 attached and incorporated by reference as Exhibit "3" which authorized connecting three homes, and

Whereas, this short plat modifies a proposed eight lot long plat wherein this short plat changes the proposed 8 lot long plat to a 4 lot short plat wherein there will be no homes on the west side of the roadway that enters the plat which will have the affect of protecting the South Prairie Creek, and

Whereas, the applicant has proposed improvements, such as a bioswale on the west side of the road that will enhance the water quality that will enter South Prairie Creek, and

Whereas, the applicant has stated that they will remove the foundations and all other items of construction from the west side of the road and will replant and reseed, leaving it in a natural configuration and will provide a seeded biofiltration swale, and

Whereas, the Town Council approved a variance that is consistent with improvements to water quality by allowing a variance on April 4, 2000 to eliminate the requirement that the applicant put sidewalks on the west side of the road, and

Whereas, the road serving the four lot short plat shall be a private road with a 5 foot sidewalk on the east side of the road, adjacent to the homes, together with curb, gutter and two 12 foot driving lanes with a 6 foot shoulder for storm drainage, and

Whereas, the sidewalk on the east side shall run parallel to the private street from the last lot to the south to SR 162, and

Whereas, the short plat is consistent with the Comprehensive Plan and has a positive environmental affect with the improvements to be made on the west side of the private street, and

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: The Cross Creek Short Plat, legally described on Exhibit "1" set forth on the site plan Exhibit "2" is hereby approved with the conditions as set forth on the findings of fact above.

Section 2: If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and affect.

Section 3: This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

entire parcel

THAT PORTION OF THE northwest quarter of section 18, township 19 north, range 6 east, w.m, in pierce county, washington. described as follows;

beginning at the ne corner of said nw 1/4; thence s0l' 18^'47^"e along the east line of the francis bisson s fifth addition to south prairie as per map thereof recorded in book 9 of plats, at page 52, records of pierce county, auditor, a distance of 456.70 feet to a point 100 feet northerly from the center track of the northern pacific railway company right of way; thence s84'58^' 17^"w parallel with said center track a distance of 141.50 feet; thence n45'01^'47^"w a distance of 80.00 feet; thence n21'38^'47^"w a distance of 189.70 feet; thence n34'47^'47^"w a distance of 91.40 feet; thence n1'18^'47^"w a distance of 154.30 feet to the north line of francis bisson^'s fifth addition to south prairie; thence n88'37^'38^"e along said north line a distance of 313.00 feet to the point of beginning. said described tract being a port of lot "K^" of francis bisson^'s fifth addition to south prairie. together with any portion of the east 313.00 feet of said lot ^"K^"lying northerly of a line drawn parallel with and 100 feet northerly from the center of said main tract of the northern pacific railway company and westerly of the above described tract and easterly of the thread of south prairie creek. except state highway 5 (sr 162). also together with the northerly 100 feet of the northern pacific railway company right of way lying easterly of the thread of south prairie creek and westerly of the east line of the nw 1/4 of said section 18.

SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD, IF ANY.

NOTES:

1) BASIS OF BEARINGs for this map is the north line of the northwest quarter of section 18, township 19 north, range 6 east, w.m. in pierce county, washington.

2) THIS DRAWING MAY NOT SHOW ALL EASEMENTS AND/OR ENCUMBRANCES AFFECTING THIS PARCEL.

LEGEND:

0 SET 5/8^"X24^" REBAR

LEGAL DESCRIPTION (CONTINUED)

Lot #1

way of state highway number 5 (sr 162) AND THE TRUE POINT OF BEGINNING; thence CONTINUING

along said east line of the francis bisson^'s fifth addition

to south prairie a distance of 110.00 feet; thence s88'41^'07^"w a distance of 79.00 feet; thence s01' 18^'47^"e a distance of 29.35 feet; thence s84'58^'14^"w a distance of 226.82 feet; thence n16'44^'22^"w a distance of 22.37 feet to a point on the southerly right of way of state highway 5 (sr 162), thence northeasterly along said right of way n65'09^'00^" e a distance of 267.34 feet; thence n 67'26 44^"e a distance of 71.02 feet to the TRUE point of beginning. containing 0.52 acres, more or less.

Lot #3

96.78 feet thence s84'58^'14^"w a distance of 59.68 feet; thence s84'43^'45^"w a distance of 45.00 feet; thence s84'58^'14^"w a distance of 45.00 feet: thence s84%d58^'14^"w a distance of 94.13

feet; thence n23' 18^'00^'w a distance of 102.86 feet; thence n84°58^' 14^"e a distance of 32.07 feet; thence n8641^'07^"e a distance of 79.00 feet to the true point of beginning. containing 0.59 acres, more or less.

beginning at the ne corner of said nw 1/4; thence s01'18^'47^"e along the east line of the francis bisson s fifth addition to south prairie as per map thereof recorded in book 9 of plats, at page 52, records of pierce county, auditor, a distance of 161.13 feet to a point on the southerly right of way of state highway number 5 (sr 162); thence continuing along said east line of the francis bisson^'s fifth addition to south prairie a distance of 299.78 feet to the true point of beginning; thence continuing s 1'18^'47^"e a distance of 96.00 feet to the center track of the northern pacific railway company right of way; thence westerly along said right of way s84'58^' 14^"w a distance of 193.95 feet; thence n28'32^'57^"w o distance of 108.86 feet; thence n84'58^' 14^"e a distance of 94.14 feet; thence n84'43^'45^"e a distance of 45.00 feet;

thence n89'39^'33^"w a distance of 45.00 feet; thence n84'58^' 14^"e a distance of 59.68 feet to the true point of beginning. containing 0.49 acres, more or less.

Lot #2

beginning at the ne corner of said nw 1/4; thence s01'18^'47^"e along the east line of the francis bisson s fifth addition to south prairie as pre map thereof recorded in book 9 of plats, at page 52, records of pierce county, auditor, a distance of 161.13 feet to a point on the southerly right of way of state highway number 5 (sr 162); thence continuing along said east line of the francs bisson^'s fifth addition to south prairie a distance of 110.00 feet to the true point of beginning; thence continuing s 1'18^'47^"e a distance of

93.00 feet^' thence s88'41^'07^"w a distance of 79.00 feet; thence s84'58^' 14^"w a distance of 203.30 feet; thence n22'00^' 19^"w a distance of 66.41 feet; thence n84%d58^'14^"e a distance of 226.82 feet; thence n01' 18^'47^"w a distance of 29.35 feet; thence n88'41^'07^"e a distance of 79.00 feet to the true point of beginning. containing 0.48 acres, more or less.

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

P.O. Box 47775 • Olympia, Washington 98504-7775 • (360)_.407-6300

March 31, 1998

The Honorable Layne Ross

Mayor, Town of South Prairie

South Prairie Town Council Members P.O. Box F

South Prairie, WA 98385-0906

Dear Mayor Ross and Council Members:

Re: Order No. DE 94WQ-S259, Third Amendment - Sewer Moratorium

We have reviewed your request by letter, dated March 9, 1998, to connect three homes built under permits that were issued before the sewer moratorium was imposed.

As you pointed out, the South Prairie wastewater treatment plant (WWTP) has operated in almost perfect compliance for the past two years. Total suspended solids (TSS) was the primary parameter of concern, and your monthly Discharge Monitoring Reports indicate that the treatment plant has not violated permitted effluent limitations for TSS since June of1995. In fact, South Prairie is a candidate to receive a compliance award from the Department of Ecology because of your outstanding compliance with National Pollutant Discharge Elimination System (NPDES) Permit No. WA0040479 for 1997.

In light of your continued compliance with permitted limitations, we agree to granting the aforementioned homes an exception to the moratorium. We will also be in touch concerning the Town's compliance award.

All correspondence related to this document should be directed to Kathleen Emmett, Enforcement Specialist, Department of Ecology, Southwest Regional Office, P.O. Box 47775, Olympia, Washington 98504-7775. If you have any questions concerning the content of this document, please call Kathleen Emmett at (360) 407-6281.:KE:cg(46\wq) Enclosure

Sincerely,

Keli McKay-Means

Southwest Region Manager

Water Quality Programs

cc: Larry Harter, Town of South Prairie Kathy Cupps, P.E., Ecology

File: South Prairie, Pierce County, Permit File cross-reference Enforcement File