ORDINANCE NO. 381

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AMENDING ORDINANCE NO. 342, WHICH ORDINANCE AMENDED SOUTH PRAIRIE COMPREHENSIVE PLAN AND ZONING MAP TO PROVIDE FOR A REZONE REQUESTED BY EURO GENERAL CONTRACTOR, INC. FROM RESIDENTIAL TO COMMERCIAL TO ELIMINATE A PROVISION IN SECTION 1 WHICH REQUIRED APPROVAL BY THE WASHINGTON STATE DEPARTMENT OF ECOLOGY.

Whereas, Ordinance No. 342 enacted on November 4, 1997 rezoned certain property at the request of Euro General Contractor, Inc. from residential to commercial located on Exhibit "1" of Ordinance No. 342, and

Whereas, Section 1 of Ordinance No. 342 required approval by the Washington State Department of Ecology, and

Whereas, for review by the Washington State Department of Ecology a new Sewer Comprehensive Plan is necessary and the development of that plan cannot be funded at this time by the town, and

Whereas, since the Washington State Department of Ecology will not review for the purposes of approval to facilitate the rezone the condition is dropped, and

Whereas, the approval by the Department of Health will protect the health, safety and welfare of the citizens, and

Whereas, this amendment does not have an adverse environmental affect and is consistent with the Comprehensive Plan.

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

Section 1: The findings of fact as set forth in Ordinance No. 342 are hereby incorporated by reference.

Section 2: Section 1 of Ordinance No. 342 is amended to read as follows:

"The Town of South Prairie Comprehensive Zoning Ordinance and Map, Ordinance No. 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 Department of Health, to specifically authorize, in view of the moratorium, the use of on site sealed sewer holding tank 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 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 on site sewer disposal systems which may be abandoned once the moratorium is lifted. It is the responsibility of the owner to pump and maintain sealed sewer holding tank

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 all utilities.

Section 3: All other provisions of Ordinance No. 342, except as specifically amended above, hereby remain in force and effect.

Section 4: If any provision of this ordinance, or Ordinance No. 342, is determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance, and/or Ordinance No. 342 shall remain in force and affect.

Section 5: This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication.

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Marla Nevill Town Clerk

Approved as to Form:

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Michael J. Reynolds Town Attorney