ORDINANCE NO. 341
AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING THE COMPREHENSIVE LAND USE ORDINANCE, 123, ZONING MAP TO REZONE CERTAIN PROPERTY LOCATED GENERALLY AT THE EASTERN CITY LIMITS, BORDERING THE STATE HIGHWAY, ON THE SOUTH SIDE, CONSISTING OF PART OF THE SOUTH PRAIRIE RV PARK, PARCEL #80619181019, FROM RESIDENTIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT TO ALLOW THE SPECIFIC USES OF A CONVENIENCE STORE, GAS STATION, RESTAURANT AND LAUNDROMAT AND SUBJECT TO THE GREENBELT AREA LOCATED BETWEEN THE USES AND THE STATE HIGHWAY AS DEPICTED ON THE SITE PLAN.
Whereas, the South Prairie RV Park petitioned for a rezone of a portion of its property, located on Parcel #R0619181019, and legally described in Exhibit "1" attached hereto and incorporated by reference as if set out in full, and
Whereas, the legal description set forth in Exhibit "1 " consists of property larger than that which is petitioned for the rezone, and
Whereas, the property subject to the specific rezone, within that property described in Exhibit "1 " is described in Exhibit "2" attached hereto and incorporated by reference as if set out in full, and
Whereas, the South Prairie Comprehensive Zoning Ordinance has zoned the entire property contained in Exhibit "1" as residential, and
Whereas, in Resolution #151 the property in Exhibit "1" received a conditional use permit for a RV Park under specified terms and conditions which covers all of the property described in Exhibit "1", and
Whereas, the petitioner, in the original presentation of the RV Park, had indicated in public hearing of the proposed intent ultimately request the use of that area along the state highway for a convenience store, office, laundromat and gas station, restaurant and acknowledged that those uses would not be allowed in a residential area even under a Conditional Use Permit, and
Whereas, the matter was heard before the Planning Commission in a public hearing, and
Whereas, the matter came on regularly for a public hearing on October 7, 1997, and
Whereas, the petitioner presented a site plan, which is attached hereto and incorporated by reference as Exhibit "3", and
Whereas, it was found that the uses, as depicted in the site plan, being the convenience store, gas station, office and Laundromat would have no adverse environmental impact, and such use, is consistent with the South Prairie Comprehensive Plan in that it locates commercial uses along the state highway, it is consistent with the uses of the neighboring properties, provides economic development without an adverse impact to surrounding properties, and
Whereas, the site plan, Exhibit "3", provides for a greenbelt area along the state route between the convenience store and gas station and the state route which makes the development appear in harmony with South Prairie Creek which is in the vicinity, and, with vegetation in the greenbelt area, it provides screening for the RV Park.
Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:
Section 1: That the property specifically described in Exhibit "2" attached hereto and incorporated by reference and generally described in Exhibit "1" attached hereto and incorporated by reference known as Parcel #80619181019, located in the general vicinity of south of the state route, directly in front of South Prairie RV Park, east of town limits, is rezoned from residential to commercial with a Conditional Use Permit to allow a gas station, convenience store, office, laundromat, restaurant which are to be in conformity with the site plan attached hereto and incorporated by reference as Exhibit "3" and that the South Prairie Comprehensive Plan and zoning map be amended to reflect this rezone and Conditional Use Permit.
Section 2: That all other provisions of the South Prairie Comprehensive Plan, except as amended herein, and except as previously amended, Ordinance No.323, is hereby reaffirmed.
Section 3: If any provision of this ordinance, or the Comprehensive Zoning Ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance and/or the Comprehensive Zoning Ordinance shall remain valid and in effect.
Section 4: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.
Mayor Dale P. Stubbs
INTRODUCED: November 4, 1997
PASSED: November 4, 1997
EXHIBIT " 1 "
ORDINANCE NO. 341
ORDINANCE NO. 341
BEING A PORTION OF THE NORTH 1/2 OF THE NORTHWEST '4 OF THE NORTHEAST ¼ OF SECTION 18, TOWNSHIP 19 NORTH, RANGE 6 EAST, OF THE W.M., MORE PARTICULARLY DESCRIBED:
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 18, TOWNSHIP 18 NORTH, RANGE 6 EAST, W.M. AS SHOWN ON RECORD OF SURVEY RECORDED IN AUDITOR'S FILE NO. 8502280154 OF SURVEYS, PIERCE COUNTY, STATE OF WASHINGTON; THENCE N89°36'22"E, 397.16 FEET; THENCE S2°51'28"E, 30.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTH RIGHT-OF-WAY OF SR 162 WHICH IS SOUTH 30.00 FEET OF THE NORTH SECTION LINE, N89°36'22"E, 380.98 FEET; THENCE; S1°17'01 "E, 213.58 FEET; THENCE S88°45'58"W, 315.81 FEET; THENCE N75°55'54"W, 227.35 FEET; THENCE S1°14'02"E, 60.00 FEET; THENCE S88°45'58"W, 135.00 FEET; THENCE N1°14'02W, 133.02 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF PIONEER WAY AS SHOWN ON AF# 8502280154 OF RECORD OF SURVEYS, WHICH IS A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIAL BEARING OF S15°14'56"E, TO THE RADII POINT THENCE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 12°23'28" AND A RADIUS OF 1357.50 FEET WITH A ARC LENGTH OF 293.58 FEET; THENCE N2°51'28"W, 46.30 FEET TO THE POINT OF BEGINNING.
CONTAINS 121,558.8 SQ. FT. , 2.8 ACRES