AMENDED: SEE

ORDINANCE # 381 ORDINANCE NO. 342

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING SOUTH PRAIRIE COMPREHENSIVE PLAN AND ZONING MAP, ORDINANCE NO.323, TO PROVIDE FOR A REZONE REQUESTED BY EURO GENERAL CONTRACTOR, INC. FROM RESIDENTIAL TO COMMERCIAL, WHICH PROPERTY IS GENERALLY IN THE VICINITY OF NORTH OF PIONEER WAY, STATE ROUTE 162, WEST OF WASHINGTON STREET CONSISTING OF FOUR LOTS WITH CONDITIONS.

Whereas, Euro General Contractor, Inc. submitted an application for rezone of property legally described on Exhibit "1" attached hereto and incorporated by reference as if set out in full, requesting a rezone of the property from residential to commercial, and

Whereas, the matter came on for hearing before the Planning Commission, and

Whereas, the matter came on before the Town Council for a public hearing, a public hearing was held at the regular council meeting on October 7, 1997 and recessed for additional information to the council meeting on October 21, 1997, and

Whereas, the additional information requested by the Town Council was a report from its town engineers, CHS Engineers, Inc., and

Whereas, the Town received a memorandum from Evan Henke, P.E., CHS Engineers dated September 11, 1997, revised October 14, 1997, which memorandum was reviewed in detail at its recessed meeting on October 21, 1997, and

Whereas, the Town Engineer was present at the meeting of October 21, 1997 to answer inquiries from the Council and members of the public, and

Whereas, the Town acknowledged and advised the applicant, who was in attendance at the meeting of October 21, 1997 of the existence of a sewer moratorium and the necessity, upon release of the moratorium, to hook up to the Town's sewer system at the applicant's expense, and

Whereas, discussions were held with reference to the requirement for the applicant to obtain certain easements for ingress, egress and utilities, and

Whereas, discussion was held with the applicant wherein the definitions of both the commercial zone and the industrial zone were reviewed and the applicant was advised that an industrial use may not be put into a commercial zone and that some of the uses he inquired were determined to be industrial and therefore would not be allowed in a commercial zone if so rezoned, and

Whereas, the application was found to be in harmony with the Comprehensive Plan with property bordering Pioneer Way, State Route 162 on one side and a commercial use of a lumber yard on the east side of the subject property, and

Whereas, the applicant was advised of the necessity of obtaining proper ingress, egress and utility easements and the necessity of the applicant obtaining adequate fire flow for a commercial use.

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

Section 1: That the South Prairie Comprehensive Zoning Ordinance and Map, Ordinance #323, is hereby amended to rezone that property described on Exhibit "1 ", attached hereto and incorporated by reference, located generally north of Pioneer Way, State Route 162 and west of Washington Street from residential to commercial, subject to the following conditions:

1. Due to the sewer moratorium, the rezone, and the short plat that was approved by motion, are subject to approval by the Washington State Department of Ecology and the Department of Health, to specifically authorize, in view of a moratorium, the use of holding tanks until the moratorium is lifted and that the property owner is required to enter into an agreement with the Town, as a condition precedent to both the short plat and the rezone, to indemnify and hold the Town harmless as a result of any claims that may result from the allowance of a short plat and/or a rezone in view of the moratorium and the necessity to utilize holding tanks and the costs to convert the holding tanks to the Town sewer system, once the moratorium has been lifted.

2. The property owner must provide for adequate fire flow for commercial uses.

3. The property owner must provide the Town with easements for ingress, egress and for all utilities.

Section 2: That the Comprehensive Zoning Ordinance and Zoning Map, Ordinance #323 is hereby amended as set forth above and affirmed in all respects.

Section 3: If any provision of this ordinance, or the Comprehensive Zoning Ordinance and Zoning Map is determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance and/or the Comprehensive Zoning Ordinance and Zoning Map are deemed to be in force and effect.

Section 4: That there is no adverse environmental result from this action.

Section 5: 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

Attested: INTRODUCED: 11/4/97

Marla Nevill PASSED: 11/4/97

Acting Town Clerk/Treasurer APPROVED: 11/4/97

Approved as to Form: PUBLISHED: 1/14/98

Michael J. Reynolds City Attorney