HomeMy WebLinkAboutO-0838 - Rezone (Special),.
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORD r NANCE NO.~3 8:
An Ordinance of the City of Marysville rezoning
certain property within the City limits.
WHEREAS,Dujardin Custom Homes,Inc.,a Washington cor-
poration,is the owner of the following described property located
in the City of Marysville,Snohomish County,Washington:
All that portion of Section 28,Township 30 North,
Range 5 East W.M.,de sc r Lbed as follows:
Commencing at the Northwest corner of the Southwest
1/4 of the Northeast 1/4;thence South 89°32'15 11
East along the North line of said subdivision for
220 feet;thence South 0°12'47"West for 25 feet to
the true point of beginning;thence South 0°12'47"
West parallel with the West line of said subdivision
for 95 feet;thence North 89°32'15"West for 5 feet;
thence South 0°12'47"West parallel with the West
line of said subdivision for 500 feet;thence North
89°32'15 11 West for 215 feet to the West line of said
subdivision;thence South 0°12'47"West 35.63 feet
to the Southwest corner of said subdivision;thence
South 89°30'26 11 East for 658.63 feet to the Southeast
corner of said subdivision;thence North 0°11'43"
East along the East line of said subdivision for
630.97 feet to a point 25 feet South of the Northeast
corner of said subdivision;thence North 89°32'15 11
West parallel with the North line of said subdivision
for 50 feet;thence South 0°11'43"West parallel
with the East line of said subdivision for 145 feet;
thence North 89°32'15 11 West for 113.48 feet;thence
North 0°12'47 11 East parallel with the West line of
said subdivision for 75 feet;thence North 89°32'15"
West for 115 feet;thence North 0°12'47 11 East for
70 feet;thence North 89°32'15 11 West for 50 feet;thence
South 0°12'47"West for 70 feet;thence North 89°32'15"
West for 105 feet;thence North 0°12'47 11 East for
70 feet;thence North 89°32'15"West for 5 feet to
the true point of beginning;TOGETHER WITH that portion
of the North 1/2 of the Southwest 1/4 of the Southwest
1/4 of the Northeast 1/4 of said Section 28,lying
North of the following described line:
Commencing at the Northwest corner of the Southwest 1/4
of the Northeast 1/4;thence South 0°12'47"West along
the West line of said subdivision for 663.79 feet;
thence South 89°35'13 11 East for 20 feet to the true
point of beginning;thence South 89°35'13"East for
638463 feet to the East line of the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1/4 and the terminus
of said line;situate in the County of Snohomish,State
of Washington;and
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WHEREAS,sa i d owner'filed a pet 1 t i on wi th the City Clerk
on the i 1 M day of ~~'1974 seeking the rezone of
said property from the single~amily residential classification to
the high-density multiple-family res~dential classification;and
WHEREAS~t~e City-Planning Commission held a public hearing
on said rezone on the'Il?~"day of ~,1974 and
recommended in favor of t e same;and ;:
WHEREAS,the City Council ftnds that said rezone is in the
best interests of the public and,is'consistent with the Comprehensive
Plan of Marysville,Now,Therefore,
.;',;
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.The above-described property owned by Dujardin
Custom Homes,Inc.,a Washington corporation,is hereby rezoned
from the single-family residential classification to the high-density
multiple-family residential classification.
Section 2.The rezone granted herein is concomitant with
a Development Agreement entered into by Dujardin Custom Homes,Inc.,
which agreement shall be construed as a covenant running with the land
governing the development thereof,and shall be binding upon the
owner,its agents,successors,and assigns.
PASSED by'the City Council and APPROVED by the Mayor this
Pl.;day of J~,19 71.
CITY OF MARYSVILLE
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By •VJfhrM C:::&ff 4
»MAY R
ATTEST:
By xI~".£~City Clerk ~
APPROVED AS TO FORM:
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into ~y DUJARDIN CUSTOM HOMES,
INC.,a Washington corporation,hereinafter called "Owner",for the
benefit of the City of Marysville and the public health,safety and
welfare.
WHEREAS, DUJARDIN CUSTOM HOMES,INC.is the owner of the
following-described property situated within the City of Marysville,
Snohomish County,Washington:
All that portion of Section 28,Township 30 North,
Range 5 East W.M.,described as follows:
Commencing at the Northwest corner of the Southwest
1/4 of the Northeast 1/4;thence South 89°32'15"
East along the North line of said subdivision for
220 feet;thence South 0°12'47"West for 25 feet to
the true point of beginning;thence South 0°12'47"
West parallel with the West line of said subdivision
for 95 feet;thence North 89°32'15"West for 5 feet;
thence South 0°12 '47"West parallel wi t h the West
line of said subdivision for 500 feet;thence North
89°32'15"West for 215 feet to the West line of said
subdivision;thence South 0°12'47"West 35.63 feet
to the Southwest corner of said subdivision;thence
South 89°30'26"East for 658.63 feet to the Southeast
corner of said subdivision;thence North 0°11'43"
East along the East line of said subdivision for
630.97 feet to a point 25 feet South of the Northeast
corner of said subdivision;thence North 89°32'15"
West parallel with the North line of said subdivision
for 50 feet;thence South 0°11'43"West parallel
with the East line of said subdivision for 145 feet;
thence North 89°32'15"West for 113.48 feet;thence
North 0°12'47"East parallel with the West line of
said subdivision for 75 feet;thence North 89°32'15'r
West for 115 feet;thence North 0°12'47"East for
70 fe~t;thence North 89°32'15"West for so feet;thence
South 0°12'47"West for 70 feet;thence North 89°32'15"
West for 105 feet;thence North 0°12'47"East for
.70 feet;thence North 89°32'15"West for 5 feet to
the true point of beginning;TOGETHER WITH that portion
of,the North 1/2 of the Southwest 1/4 of the Southwest
1/4 of the Northeast 1/4 of said Section 28,lying
North of the following described line:.
Commencing at the Northwest corner of the Southwest 1/4
of the Northeast 1/4;thence South 0°12'47"West along
the West line of said subdivision for 663.79 feet;
thence South 89°35'13"East for 20 feet to the true point
of beginning;thence South 89°35'13"East for 638.63
feet to the East line of the Southwest 1/4 of the
Southwest 1/4 of the Northeast 1/4 and the t e rm i.m.s
of said line;situate in the County of Snohomish,State
of Washington;and
WHEREAS,said Owner has signed a petition to the City of
Marysville for the rezone of said property from the single-family
residential classification to the high-density mUltiple-family
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residential classification;and
WHEREAS,said Owner recognizes that rezoning an area as
large as the above-described property into a high-density multiple-
family residential classification and the development of the same
will cause an unusually great impact upon the development patterns
of the community,the services required of the City,and the use of
adjoining properties,and that it would be in the interest of the
public health,safety and welfare to anticipate and neutralize such
impact by entering into this development agreement with the City
of Marysville,Now,Therefore,
The Owner does hereby agree as follows:
1.The maximum number of dwelling units to be constructed
and occupied on the premises shall be sixty-two (62).
2.No unit or structure on the property shall exceed one
(1)story ln height.
3.The density of development (living units per acre),
building sizes,building location,vehicular and pedestrian circula-
tion arrangement,open space arrangement and landscaping shall be
substantially as shown on the site plan filed with the City of
Marysville and entitled "Site Plan of 62 Units of Elderly Ho~sing
Proposed on Grove Street in Marys~ille,Washington by Dujardin
Construction;Bryant,Butterfield &Frets -A.I.A.-Architects"
dated October 28,1974.Any and all amendments to said site plan
of a material nature,or those which in the opinion of the Compliance
Officer of the City of Marysville would change the impact of the
development upon the surrounding properties,must be mutually con-
sidered and agreed upon between the Owner and the Compliance Officer
of the City of Marysville.before being implemented.
4.The exterior design and appearance of all structures
on the premises shall be compatible with the surrounding neighborhood
and shall be substantially as shown on the drawings filed with the
City of Marysville entitled "62 Units of Elderly Housing Proposed on
Grove Street in Marysville,Washington by Dujardin Construction;
Bryant,Butterfield &Frets -A.I.A.-Architects"dated October 28,
1974 and Nov~mber 6,1974.Any and all amendments to said drawings
of a material nature,or those which in the opinion of the Compliance
Officer of the City of Marysville would change the impact of the _
development upon the surrounding properties,must be.mutually con-
sidered and agreed upon between the Owner and the Compliance Officer
of the City of Marysville before being implemented.
s.The Owner shall take all steps necessary to reasonably
control and restrict vehicular and pedestrian traffic through the
development when said traffic is not related to the residential.func-
tion of the development and has no legitimate purpose for being on
the premises.
6 ..All applicable permits shall be obtained and construction
shall commence on the project within ninety (90)days of the rezone
for the property being granted.Said "construction shall proceed
diligently and shall be completed within.a reasonable time thereafter.
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7.All development on the premises shall be in strict
compliance with applicable statutes,ordinances,and regulations of
federal,state and municipal jurisdictional authorities.It is
understood that the proposed parking scheme for the development allows
fewer parking spaces per dwelling unit than is required by the City
Zoning Ordinance,and a variance will be required before said proposal
is implemented ..
8.Any and all subsequent acquisitions by the Owner of
properties adjoining the above-described property shall become an
integrated part of this development and shall.be bound by the terms
of this agreement.
9.The Owner agrees not to seek to rezone the above-described
property from the high-density multiple-family residential classifi-
cation,nor to subdivide the same,at any time prior to completion
of development pursuant to this agreement.
10.This agreement and all the provisions hereof shall be
construed as covenants running with the land and shall be binding upon
the Owner,its agents,successors and assigns.
11.The City of Marysville shall have the right to enforce
this agreement by all means available in law and in equity,including
but not limited to,actions seeking specific performance of the terms
and conditions hereof.
12.This development agreement is concomitant with the.
ordinance of the City of Marysville rezoning the above-described
property to the high-density multiple-family residential classifica-
tion.Nothing herein shall be construed as being agreed to in
consideration for said.rezone,nor did the City relinquish its
legislative power with respect to said rezone in consideration for
this agreement.
7 ~DATED this day.of ~~,19 Z$'".
ATTEST:
BY.1l~/~Secretary ~
DUJARDIN CUSTOM HOMES,INC.
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