HomeMy WebLinkAboutO-1106 - Rezone (Special)f
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORD INANCE NO.110 "
An Ordinance of the City of Marysville rezoning
certain property within the City limits and amending
the official Zoning Map previou~ly adopted in
Ordinance No.772.
WHEREAS,LARRY L.GABLE an~MARLENE M.HOIDAL are the
owners of the following described property located at 1404 Ce~ar
Avenue,Marysville,Washington:
Commencing at the NE corner df the SW~of the SW~of
Sec.21,Township 30 N R. 5 E. W:M.;thence S 1 02'
24"E along the E 6ine of said SW~of the SW~for
30.0';thence S 89 48'48"\'1/for 142.34'bO the true
point of beginning;thence continue S 89 48'48"N for
250.0'to the E'ly r~ght-of-way margin of Cedar Street
produced;thence S 0 05'20"E along the said E'1y
boun~ary of Cedar Street produced f05 87.97';thence
N 89 44'40"E for 250.0';thence N 0 05'20"tV for
87.67'to the true point of beginning.Subject to
easement under Auditor's File No.417777.,
LESS 3917 sq.ft.at the intersection of Cedar Street
and 80th Street N.E.'which was deeded to the City of
Marysville by instrument dated May 9,1979 and recorded
in Vol.1516,at pg.380,records of Snohomish County
Audi tOT ~"
Toge t he.r Hi t h the E 102'o..f.the"fo ll~n"ing -described
property:"J ' ,
Beginning 'at,the NEcorner 'o,f, t.he:SW~of th@ SW~of
Sec.21,Twp . 30 N, R 5 E, W.M.';thence S 1 02'24"
E alongE l~ne of said SW,~.ofthe SW~for 30';
thence S 89 48'4~"W t o v the E /;ight-of:-,way line of
Cedar St.produced;t hen ce S,00 5'20"E along said
E'lyright-of-way margin of Cedar Street produced
87.97'to the true~point of beginBirtg;thence continue
S 0
005'20"0 E for 86';the n ce N'89 4 ~,40"E for 2 SO ' ;
thence N 0 05'20"\II 86';thence S89 44'40"W 250'
to the true point of beginning.Sub j ec t to an -e as emen t
under Auditor;s File No.417777.
Situated in Snohomish County,State of Washington.
WHEREAS,said owners filed a petition with the City Clerk
seeking a rezone of said prope~ty from the single-family residential
classification to the medium-density multiple-family classification.
WHEREAS,the City Planning Commission held a public hearing
on the said rezone on the 23rd day of October,1979,and recommended
to deny the same;and
WHEREAS,the City Council held a public hearing on said
rezone on December 10,1979,and has heretofore entered its Findings
Ordinance/l
...
"'r
of .Pact wi th r espe.ct thereto;Now,Therefore:'
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAI~AS FOLLOWS:
Section 1.The abov e v de scr i.bed property owned by Larry L.
Gable and Marlene M.Hoidal is hereby rezoned from the single-family
'residenti~l classification to the medium-density mUltiple-family
classification..'."..
Section 2.The official Zonin~Map of Marysville,
Washington,as adopted by the City in 1972 in Section 5.02 of Ordinance
No.772,is hereby amended to reflect the r~classification of the
above-described property.
Section 3.This ordinance,.and the rezone of ,the sub j ect
propeity whIch is implemented hereby,are conditioned upon strict
compli~nce by the owners with the terms of a development agreement
dated the 28~day of ;rq.l')lA.Co\.~1/,1980 and recorded in the
.records of'"tJie Snohomish CountyAudl tor -.'
PASSED by th~City Council and APPROVED by the Mayor this28~day of January,1980.
ATTEST:
APPROVED AS TO FORM:
...
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CIT Y 0 F MAR Y 5 V ILL E
Marysville,Washington
FINDINGS OF FACT AND CONCLUSIONS ON REZONE APPLICATION
The City Council of the City of Marysville,having held
a duly-advertised public hearing on the rezone application referred to
below on the 10th day ot December , 1979 ,and having consi-
dered the exhibits,testimony and arguments presented,and being fully
ad vi.sed in the premises,does hereby enter the f o Ll ow i ng :
•FINDINGS OF FACT
1.The subject property is owneo by
M.Hoidal
Larry L.Gable and Marlene
-,
(SEE ADUaID1JM)an ci is ge n era 11y 10 cat e d ~l_4_0_4_C..;..e.:...d_a_r_A_v_e_n_u_e.L.'----\~...-.~U,I,O~..IIJ4.:ll---------
~larysville,Washington.
2.The subject property is p r esen t Ly zoned in the ..,--;;.S.::;in;.;;Jgo.;l::.:e::.......".----.-__
Family c l as s i f i.c at i on ,Zoning
of adjacent properties is as follows:
North:
South:
East:
West:
Single Family
Single Parnily
Single Pamily
Single Family
3.The Marysville Comprehensive Plan for the subject property
proposes deve lopmen t of the fo llowing nature::Multinle Family
Med ium Density
4.The applicant is requesting to have the subject property
re zoned to the Multiple Family Medium Density
classifica tion.The proposed use of the property is Apartments
•=T.....h-e-a-p-p-l.......l-c-a-n":"t-....,(,...,ir-s~)...-Q<hXjf~="...,~=.--w~i."...l ....I....i-n-g-t:-o--c-o-rn-m...i"""t-t,....h...e--p-r-o-p-e-r-t,....y-"':'t-o-a-s-p-e-c--.-i-'Of......i c
development plan by entering into a reZone contract (if a contract is
agreed to,the same is attached hereto and incorporated herein by this
reference).
5.The subject property is approximately
in size.It is presently developed as follows:
26.728 Sq.Pt.
Sing)e Fermi)}'
6.An environmental checklist has been submitted by the applicant
for the proposed rezone and/or development,and the City official has
issued a "negative declaration"stating that no significant environ-
mental impact would result from the same.
7. From the reports of the City staff and the testimony of
members of the public who would be affected by the proposal,the
City Council .finds that the proposal would have the following
impacts:1)It would intensify development density in the existing
neighborhood,increasing traffic on Cedar Ave.and 80th St.NE,
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,'..
and having a visual impact on abutting properties to the east and south.
8.If the rezone is granted,the following conditions should be
imposed upon the subject property:See Contract Rezone.
CONCLUSIONS
1.The applicant (has)(:IDa~X.iU)X~demonstrated a need or justifi-
cation for the requested rezone of the subject property.
2.The proposed rezone of the subject property (is~(~X~X~con-
sistent with the public inte~est,and with the present or projected
development needs and goals for this area of the City of Marysville,as
designated in the Comprehensive Plan.
3.The rezone application should be:
Granted as proposed
Granted subject to the conditions stated
in paragraph 8 above (or subject to the
attached rezone contract)
Denied
Denied without prejudice to the right of
the applicant to reapply without paying a
new filing fee.
DATED this 10th day of December 1979 .
APPROVED on the 10th day
of December ,I 91!L...
By~7f:~a/
MAYOR,Cit yo.MarySville p-/o'.L:::.A .,
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·...
ADDENDUM
A complete legal de~cription of the subject property
is included in the rez6ne ordinahte,and is,incorporated
herein by this refererice.A portion of said legal description
"las inadvertently omitted from the public notice of the December
10,1979 City Council hearing,which was posted on the property
and published in the Marysville Globe.The City Council finds
that this error,although regrettable ,\\las not mat e ri aI or
prejudicial,and did rio t adversely'affect the fairness of the
proceeding.The City's procedures were in substantial compliance
with all legal requirements,arid the affected public received
actual notice of the true legal description of the property
arid the intent of the applicant as follows:
1.The Rei6neApplic~tion on file with the City
accurately descyib~~and depicts the entire subject
property .., .
1'.,Notice of the public hearing held by the Planning
Commission on September 2.5,1979,contained the.accurate
legal descr i.p.t i.on of the .cn t Lr e subject pr ope rt y .This
noiice was ptiblish€d in,'the Marysvill~Globe and ~as posted
on both portions'of the subject property,separately.
..~.
3.At the 'public he ar i rigsh eLd by the Planning Commission
(September 25,1979 and 'October 23"1979)and at the public
hearing held by the City Council (Dec ember vLu ,1979)the
City staff and th~appli~ant ~ully explained the proposed
rezone and accurately'de~tribed the entire subject property.
Further,a site plan was presented at these public hearings
which accurately depicted the entire subject property.'
4.All persons who spoke at the public hearings
appeared to clearly und~rstand the scope of the proposed
rezone.Many comments were mad~regarding the proposed
development bn the portion of the subject property which
was inadvertently omitted from the legal description.
Several of the adjacent property owners specifically
requested conditions to lessen the impact of this proposed
development.
S.No obj~ctions were brought t~the Council~attention
relating to the erroneous legal description until approximately
t.h r ee weeks after the conclusion of the public hear Ln g,
These obj'ections were then presented as technical leg~l
arguments rather than claims of actual prejudice or lack of
notice.
6.This Rezone Application has had tinusual notoriety
in the affected neighborhood,and the public has actively
and aggressively participated in all steps of the proceeding.
Stories on this.rezone have appeared"on several Occasions 6n
Addendum/l
,..
the front page of the Marysville Globe.Further,
petitions opposing this rezone have been circulated in
the affected neighborhood on a door-to-door basis.
THE CITY OF MARYSVILLE
Addendum/2
~
I
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CITY OF MARYSVILLE DEVELOPMENT AGREE~ffiNT
THIS AGREEMENT is entered into by LARRY L.GABLE and
MARLENE M.HOIDAL,hereinafter called "Owner"for the benefit
of the City of Marysville and the public health,safety and
welfare.
WITNESSETH:
~~IEREAS,the above-referenced Owner holds full right,
title and interest to the following-described real estate
situated within the City of Marysville,Snohomish County,
Washington:
Commencingat the NE corner of the SW 1/4 of the SW 1/4
of Sec.21,Twp.30 N. R. 5 E.W.M.;thence S.1°02'24"
E.along the E.line of said SW 1/4 of the SW 1/4 for
30.0';thence S.89°48'48"W.for 142.34'to the true
point of beginning;thence continue S.89°48'48"W.
for 250.0"to the E'ly right-of-way margin of Cedar
Street produced;thence S.0°05'20"E.along the said
E'ly boundary of Cedar Street produced for 87.97';
thence N.89°44'40"E.for 250.0';thence N.0°05'20"
W.for 87.67'to the true point of beginning.Subject
to easement under Auditor's File No.417777.LESS 3917
sq.ft.at the intersection of Cedar Street and 80th
Street N.E.which was deeded to the City of Marysville
by instrument dated May 9,1979 and recorded in
Volume 1516 at page 380,records of Snohomish County
Auditor.
The East 102 feet of the following described property:
Beginning at the Northeast corner of the Southwest
Quarter of the Southwest Quarter of Section 21,Town-
ship 30 North,Range 5 East,W.M.;thence South 1°02'24"
ERst along East line of said Southwest Quarter of the
Southwest Quarter for 30 feet;thence South 89°48'48"
West to the East right-of-way line of Cedar Street
produced;thence South 0°05'20"East along said Easterly
right-of-way margin of Cedar Street produced 87.97 feet
to the true point of beginning;thence continue South
0°05'20"East for 86 feet;thence North 89°44'40"
East for 250 feet;thence North 0°05'20"West 86 feet;
thence South 89°44'40"West 250 feet to the true point
of beginning.Subject to easement dated December 27,
1927,recorded under Auditor's File No.417777.
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 medium-
density multiple-family classification;and
WHEREAS,said Owner recognizes that rezoning the subject
property,and developing the same,for multiple-family
dwelling units may cause an impact upon the development
patterns of the community and the use and enjoyment of adjoin-
ing properties,and that it would be in the interest of
public health,safety and welfare to anticipate and neutralize
such impacts by entering into this development agreement for
the benefit of the City of Marysville,now,therefore,
Development Agreement - 1
.t o •0 ....
,H
The Owner does hereby agree and covenant as follows:
1.All improvement,construction and development of
the subject property shall comply with the Site Plan and
Design submitted to and filed with the Marysville City
Council on December 10,1979;provided,that said Site Plan
and Design shall be subject to minor modifications to
bring it into compliance with applicable City codes and
regulations.Any material deviations from said Site Plan
and Design shall require prior approval from the Marysville
cr ty Council.
2.The subject property shall not hereafter be short
platted or otherwise subdivided,and shall remain in single
ownership in perpetuity.
any new structures on ~~
3.Prior to occupancy of/the subject property the r >iJ
greenbelt and site obscuring fence specified on the Site ~.~..
Plan shall be planted,constructed and approved by the City
Compliance Officer.Said greenbelt and fence shftll be main-
tained,in perpetuity,in a condition which satisfies the
site-obscuring purposes of the same.
4.All development on the subject property shall be
in strict compliance with applicable statutes,ordinances
and regUlations of federal,state,municipal jurisdictions
and authorities.This requirement includes compliance with
a pending ordinance of the City of Marysville providing as
follows:
Section 19.16.020:Special Limitations on
Multiple-FamilY Residential Zones.
A.Each apartment or condominium building,
or complex of buildings.shall provide
recreation space which is equal in area to
a minimum of ten percent of the gross area
of the subject property.No more than one-
half of this recreation area may be indoor
or covered space.No part of the area may
be used for driveway,parking or other
automobile use.Adequate fencing and plant
screening shall separate the recreational
space from public streets,parking areas
and driveways.The shape and layout of the
area and the proposed type of screening
shall be subject to Planning Commission
approval.
B.Where the total recreational space required
is 3,000 sq.ft.or less,the outdoor space
shall be one continuous parcel of land,not
to be located within the required front yard
setback.
C.Where a single lot or a combination of lots
under single ownership is developed with more
than one multiple-family residential building,
such property shall not be subsequently
subdivided except when each division thereof
complies with all requirements of applicable
City codes and ordinances.
Development Agreement -2
-a:
DATED this d%.day of
r "•,..••
5.This agreement and all the provisions hereof shall
be construed as covenants running with the land,and shall
be binding upon the Owner,his agents,successors and assigns.
6.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.
7.This development agreement is concomitant with
Ordinance No.ll6 b of the City of Marysville,rezoning
the above-descr~bed property to the medium-density multiple-
family residential classification.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 agree-
ment.
STATE OF WASHINGTON )
)ss.
County of Snohomish )
LA-~On this .2.2..day of .....~'1980,before me,the
undersigned,a Notary pub~~or said state,personally
appeared LARRY L.GABLE and MARLENE M.HOIDAL,known to me to
be the indiv-i dua Ls described in and who executed the wi thin
and foregoing instrument,and acknowledged to me that they
executed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year
in this certificate first hereinabove written.
APPROVED AS TO FORM:
CITY OF MARYSVILLE
~u~~g-~tZ/
Mayor p..<'...t?J'T;!E/t"""'-.
B~1<~C ty Attorney
De elopment Agreement - 3