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<br /> <br /> <br />3 <br />9. Community Development Services staff has determined that the planned unit development <br />project is consistent with the preliminary planned unit development plan approved in 1994 and <br />meets the conditions imposed by Resolution 94-12; <br /> <br />10. The subject property is located at Snoqualmie Pass in the southwest quarter Section 15, <br />Township 22 North, Range 11 East, W.M., Kittitas County, WA; <br /> <br />11. The proposed location, phasing, and development character is consistent with the plans <br />previously approved in 1994, and further meets the timelines of the Code; <br /> <br />12. The Board of County Commissioners finds that the Applicant-submitted “Background Info <br />Summary” in Index #2 of the Hyak PUD FPUD Master File shall be amended as shown below <br />and as attached to ensure retention of open space tracts as plat notes on all final plats associated <br />with this PUD: <br /> <br />Strike: <br />(i) The home owner association as the primary entity having the responsibility for <br />maintenance and care of open space and non-buildable parcels shall be empowered <br />with the right to lien and foreclose on said lien if any lot owner does not meet their <br />responsibility to equally share in and contribute to the maintenance of said <br />developments open space and non-buildable parcels. <br /> <br />(ii) Kittitas County shall be empowered with the right to lien and foreclose on said lien if <br />any lot owner does not meet their responsibility to equally share in and contribute to <br />the maintenance of said development open space and non-buildable parcels if the <br />homeowner owner association does not meet its responsibility to maintain said open <br />space and non-buildable parcels. <br /> <br />Replace with: <br />(i) All plats which include open space shall contain appropriate plats notes to ensure the <br />area will not be further subdivided in the future, the use of the open space for the <br />purpose specified will continue in perpetuity, and the open space will be appropriately <br />maintained to control noxious weeds and fire hazards. The identified open space tracts <br />shall be proportionately owned by tenants in the common, and retained by each home <br />owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling <br />their obligation. <br /> <br />This requirement shall not apply to lots retained by the original landowner or <br />subsequent landowner(s) for the purpose of providing improved recreational facilities <br />serving the benefited parcels. For the purposes of this condition, improved <br />recreational facilities shall be those which exceed $100,000 in value. <br /> <br />(ii) Any lots created specifically for, or dominated by, easements, roadways, storm water <br />retention facilities, septic facilities or other purposes and as a result are non-buildable <br />shall be proportionately owned by tenants in the common, and retained by each home <br />owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling