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
Approved:
11/4/97
PUBLISHED:
1/14/97
EXHIBIT " 1 "
ORDINANCE NO. 341
THAT POR OF N ½ OF NW OF NE LY NLY OF 200 FT WIDE N
P CO R/W & LY WLY OF E 560 FT THEREOF EXC N 255 FT OF W 109 FT
THEREOF EXC PIONEER WAY ALSO EXC THAT POR CYD TO STATE OF WASH FOR SSH # 5-E BY
D REC UNDER AUD FEE # 1726236 OUT OF 1-014 SEG L-2494 SP ES
EXHIBIT “2”
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