ORDINANCE NO. 273


AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING ORDINANCE NO. 154 TO PROVIDE FOR A CONDITIONAL USE OF REAL ESTATE KNOWN AS THE HILLSTROM PROPERTY.

Whereas, Ordinance No. 154 of November 16, 1983 provides for a land use restriction on real estate located in the Town of South Prairie, designating such real estate as residential/agricultural, unless, after public hearing, the Council determines that another use shall be designated, and

 

 

Whereas, that property known as the Hillstrom property, legal described in Exhibit "1" attached hereto and incorporated by reference as if set out in full, was brought to the Planning Commission by petition, for a designated use of the property as a warehouse facility for Hillstrom Cabinets, and

Whereas, the petition included a specific site plan for the facility to be constructed, and Whereas, the notice the Planning Commission conducted a public hearing on the Hillstrom proposal, and

Whereas, the Planning Commission recommended approval, with conditions to the Town Council, and

Whereas, the Town Council set a public hearing for November 17, 1992 and at such time received public testimony and continued the public hearing to December 1, 1992 for additional public testimony, and

Whereas, the Town Council found that the proposed use, with conditions, was in the public interest, and

Whereas, the Town is generating a Comprehensive Plan in accordance with the mandates of the Growth Management Act, however, such Comprehensive Plan is not yet complete, and

Whereas, the Town Council discussed the options of proceeding as a rezone or as a conditional use, and

Whereas, the Town Council elected to proceed with a conditional use which would allow the use of the property as specifically depicted on the site plan as presented to the Town Council with those conditions specifically set out as conditions 1 through 14 of the recommendations from the Town's Consultant, John R. Adamson of Adamson and Associates, as set forth in memorandum to Mayor Pat Stubbs and South Prairie Town Clerk, Karen Barnhart, memorandum of November 30, 1992 attached hereto and incorporated by reference as Exhibit "2", subject to a modification in paragraph number 2 to read:

"2.           There should be no required side yard. The building may extend to the property line on the north and five feet from the south."

and paragraph 3 read:

"3.           The front yard shall be 31 feet and the rear yard shall be -0- feet.", and

Whereas, no other ordinance, that has been adopted by the Town Council could be found to control land use designations or procedures other than Ordinance No. 154, and

Whereas, in May, 1990 two ordinances were proposed by the Town Attorney, numbers 214 and 215 for the purposes of land use, however, such ordinances, although refer to the Planning Commission, were not adopted.

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

Section 1: That property known as the Hillstrom property legally described on Exhibit "1" attached hereto and incorporated by reference shall be allowed the conditional use as a warehouse facility to be constructed in accordance with those site plans presented to the Town Council in its meeting of December 1, 1992, and upon the condition that all conditions contained in the Town Consultant, John R. Adamson's recommendation of November 30, 1992,

paragraphs 1 through 14, with amendments in paragraphs 2 and 3, (attached hereto as Exhibit "2" and incorporated herein by this reference) as set forth in the findings of fact above.

Section 2: Should any provision of this ordinance, or Ordinance No. 154 be held invalid or unenforceable for any reason the remaining provisions of this ordinance, and Ordinance No. 154 shall be held in force and effect.

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

Mayor Dale P. Stubbs

INTRODUCED:          1/5/93

PASSED:                     1/5/93

APPROVED:               1/5/93

PUBLISHED:              3/3/93

 

Attested:

Karen K. Barnhart Town Clerk

 

 

Approved as to Form:

Debra B. Rehman Town Attorney

EXHIBIT

 

Raymond and Margaret Hillstrom - Parcel No. 253000-011-0

 

The following described real property situated in Pierce County, Washington:

 

The Southerly 25 feet of the Easterly 100 feet of Lots 10 to 13, inclusive, Block 1, Francis Bisson's First Addition to the Town of South Prairie, Pierce County, Washington, according to plat recorded in Book 4 of Plats at page 25, together with the following described tract: Beginning at the intersection of the Southeast corner of said Lot 13 with the West boundary of Emery Street; thence South along said West line to the centerline of the former railroad right-of-way of the Northern Pacific Railroad (now abandoned); thence South 75036'22" West along said centerline to intersect with the South projection on the West line of Lot 9, Block 1 of Bisson's First Addition to the Town of South Prairie; thence Northerly along said line of projection to the Southwest corner of said Lot 9, Block 1; thence Easterly along the South line of said Lots 9 through 13 to point of beginning. EXCEPT Pioneer Way.

EXHIBIT 2

 

PROBLEM: Hillstrom Cabinets has applied for a rezone for their parcel from Residential Agriculture to Light Industrial.

 

DISCUSSION: Because the Comprehensive Plan is currently under discussion, the review and approval of the zoning in South Prairie has not been completed. However, the current zoning ordinance of South Prairie allows the Council to change the use conditions on specific property.

 

By simply adding use conditions for a specific use of property, the Council may prevent the property from becoming a "spot zone" in the future. This allows the Council to continue to review the potential use and zoning of the surrounding property. When this review is complete the Council can zone the subject parcel, the Hillstrom property, with the same zone as the surrounding property and attach the existing conditions to that specific parcel.

 

RECOMMENDATION: If the Council wishes to allow the warehouse use, I recommend this motion: The Council allows the warehouse on this parcel in the existing zone with the following conditions:

 

1.                                The building and grounds shall conform to the drawing presented to the Town  Council.

 

2.                                There shall be no required side yard. The building may extend to the property line on the north and south.

 

3.                                The front yard shall be 31 feet and the rear yard shall be 10 feet.

 

4.                                The applicant shall obtain any necessary permits from the Washington State Department of Transportation to build adjacent to SR 162 and to permit landscaping on the SR 162 right of way.

 

5.                                A five foot sidewalk shall be constructed at the applicant's expense adjacent to his property on SR 162 and Emery Street. Sidewalk shall be of sufficient strength and thickness to withstand weight of a loaded truck wherever necessary.

 

6.                                All roof drains and parking lot drains shall discharge on the site into a detention system. The Town Engineer shall approve the detention system.,,

 

7.                                The site shall contain at least three parking spaces.

 

8.                                The building shall be designed and operated so that all loading and unloading of materials shall be accomplished entirely on the site.

 

9.                                Adequate site distance, in accordance with good traffic engineering practices shall be maintained at the corner of Emery St. and SR 162.

10.              No loading or unloading activities shall begin before 8:00 a. m. nor continue past 6:00 p.m. on any day.

11.              The building shall only be used for storage of raw materials to be used for the construction of cabinets. No other uses shall be allowed.

12.               The wall of the building facing SR 162 shall be "visually broken up" by vertical landscaping and/or a mural. The Town Planning Commission shall approve the landscaping any mural or other building treatment.

13.               The landscaping plan shall be presented to the Town Planning Commission for approval. It shall include shrubbery and trees generally depicted on the site plan. Landscaping shall be completed in accordance with the approved plan.

14.              No unlicensed vehicle traffic allowed offsite traveling to and from building.