HomeMy WebLinkAboutO-1152 - Rezone (Special).-
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C I'T N 0 F M ,A R Y S V ILL E
,Marysville,Washington
ORDINANc:E NO.,//S J...
An·Ordinance of ihe City ofM~rysville rezoning
property within'the C:it)'limits:and amending the
,offi cial zoning map pr evi.ousIy-.adopted i n
0rdinance No.772.
WHEREAS,'Bertha H.Holmes is the owner of certain real
property Lo c.at ed at 4401 &Ot'h Street N,E ','.t he legal description 'of
which'is contain~d in Exhibit A attached her~to;,and
WHEREAS,said own er f ile d a petition with the'Ci t y,Clerk
seeking a rezone of said property from the single family residential
c Las si f i.ca t i on to the medium ,'density multiple .family c la s si f i ca t i.o n;and',,,
WHEREAS,the City Plann:i:ng 'Commis:sionheld a public ihearing
on said rezone on the 25th'.d ay of ,June.,.1986 and .r ec omme nde d that.the
same be approved;and .,
WHEREAS,it'a public rne~ting held on July 14,1980 the City
Council reviewed.the findingS of fat~and recommendation of the .Planning
Commission and affirmed th~same;Now,Theref9re ,'
THE CITY COUNCIL OF THE ,EITY OF MA~YSVILLE~.'WASHINGTOK DO
ORDAIN AS FOLLOWS:',,'
Section L The.re~l·(·pr~per.ty described in Exhibit A a t ta ch ed
hereto is hereby re~oned from t.he sirigle family residential :classifica-
'tion to the me dium density multiple family c La ss i f i.ca t ion ..
Section 2,The official 'zoning map of Ma r y sv i Lle ,Was,hington,
as adopted by the City in 1972 iri Section'5.02 of Ordin~nce NOh 772,
is her~by ~m~nded to refl~ct the recla~sification of th~above~
described p!operty.
Se cti on 3,'This ordinance,and the'rezone of the s ub j-e c t
property which is implemen~ed hereby,ar~conditioned upon strict,
compliance by the owners ~ith the terms of a development ag~eement
dated the ,::J I~T"day of ~~,1980 and recorded in',the 'records,
of the'Sno'fi"diiilsh County uc.itor.",",
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PASSJ3D"'by '~'h;e C1 t y Cou~cil'arid APPROVEI)QY the May or thisJ..?+~day of Oc+a6:e'y,,1980.',''"
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1'",>"';,'"V''''~{.'.0'~;,1'THE.(CTYlOl~'·:~1ARYSVILLE
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",.11 •1."Approved 'a?to,form:
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ZONING AND DEVELOPMENT AGREEMENT
THIS AGREEMENT,made this ::Jldfday of CJC/~/L ,1980
by and between HENRY T.JANSHA~CHR~BOLLINGER and BERTHA H.
HOLMES ,hereinafter called "Owners",and the
eTTY OF ~1ARYSVILLE,a municipal corporation of the State of ,washington,
hereinafter called "City";WITNESSETH:'
WHEREAS;the Owners hold fee title to R tract of r~al property
located within the City of Marysville,Snohomish Couhty,Washington,
gellerally de~cribed as 4401 80th Street N.E.,Marysville,Washington,
:1 legal description of ~aid property being attached hereto as Exhibit A;
:;1 n d
WHERUAS,tl}.e Owners propose to utilize said property for the
development of a mobile home p~rk;and
WHEREAS,the Owners have requested the City to rezone said
property from the single family residential classification to the
1!ICdiulI1 density mu Lt i pl e family residential,classification;and
,WIlEREAS,the parties recognize that u development of this size
.i nd c lia r ac t or wi11 have a subs tan tia1 impact on the surround ing
c o nnnnu i t y and that the public health,safety and welfare will be best
sc r v cd hy anticipating said impact by planning and implementing this
d cvc )opmcnt in accordance wi th ce r t.a i n mutually agreed upon s tanda rds ,
rOllJitions and requirements which shall be documented herein and here-
:11'Lcr considered to be an integral part of the zoning restrictions
:1 p p J i cub 1c to the subj ect property;,NOl~,Therefore
IT IS MUTUALLY AGREED AS FOLLOWS:
1.Effective Date.This agreement shall become effective
lIpon the'grantiri-g-I)"y the ci fy of the Owners'petition to rezone the ,
Sllhjcct property to the medium density multipl~family classification.
]'roviJed,that all provisions of this agreement specifically relating
to tIle proposed mobile home park shall not become effective unless and
lIntil a conditional use permit for such development is issued by the
l:ity's Board of Adjus~ment and construction is commenced.
'2.!Jensi.!1..'The maximum numher of a Ll oi...able mobile homes on
the subject property shall be sixty-five.
.3.Site Plan~A site plan for the mobile home park has been
prepared by the O\'1oer's-,-considered ata public hearing and approval
thereof recommended by the City Planning Commissj,on ~~d City Council.
U~on granting by ~he City of the Owners'petition to rezone the subject
property,and upon approval of the site plan by the City Board of
Adjustment,said site plan shall constitute a binding plan for the
dcvc Lopme n t 'of the property and all development undertaken,on said
property shall be in conformance w i th said plan."Ancndmen t s of a
material nature to the concept of said plan and all amendments which
WOllld have a substantial impact on the surrotinding community must be
approved by the Board ,of Adjustment;all other amendments may be
Zoning &Developmen~Agreement/)
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shall install
80th Street N.E.
Such construction
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.uppioved by the City Compliance Officer,subject to the right of the
'OhTn~rs to appeal to the Board of Adjustment.
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.4.Laridscaping.The subjectproperty'shall be fenced or
landscaped with sight-obscuring materials on the east and west boundary
lines.
,5.Setbatks.All mobile homes placed on the subject
property shall meet the setback requirements of the Marysville trailer
ordinance.
6.Walkway Easement.A walkway easement shall be established
providing access to 8lst Street N.E.,as shown on the site plan.
7.Curbs,Gufters and Sidew~lks.The Own~rs
clJrhs,gutters and sidewalks along 84th Street N.E.and
to the extent that the same abut the subject property.
s}lsll occur prior to occupancy of the stibject property.
8. Ci t~il i ties.All water lines,fire hydrants and sewer,
linris for the su6Ject property shall be constructed in compliance with
City codes and regulations,and with the approval of the City Utility
Do pu rtmen t .
9.Growth Management Tax.The Owners shall be required to.
p:IY the applicable growth management tax as specified ·in Ordinance No.
'J I'::;':'.
IO.Additional Right-Of-W~.Prior to the development of the
s ub j cc t property the Owners shaiTdeed to the City sufficient right-oE-way
.i l o nj;Sitth Street N~'E~and 80th Street N.R.so that the width of said
:'r rcc t s ,to the extent that the same abu t the subject property,is
l'llirtY,fect from the centerline.
11.44th,Avenue Extension.The Owners hereby covenant and
agree with the City that if and when the 'subject property is subdivided or
converted into a planned residential development (other than a mobile horne park)
or rezoned into a business or commercial classification,the Owners shall
deed to the City a 60-foot wide public ,right-of-way extending between
80th Street N.E.and 84th Street N.E.and aligned with 44th'Avenue N.E.,
as the same is presently constructed between Grove Street and 76th Street
N.E.Further,the owners convenant and agree with the City that the Owners shall
construct said right-of-way,at their cost,to City street standards including curbs,
gutters and sidewa1k~.This covenant shall be binding upon th~Owners,
theirheirs,successors and assigns,and shall be construed as running
wi th the land.Provided,that this covenant shall be deemed null and void if .
the City hereafter rezones the subjectpropetty into a business or commercial classi-
fication without the owners'consent,or if-the City requires the owners to
terminate use of 'the pr~perty as a mobile home park without their consent.
]2.Legal Requirements.The Owner's,and their he i rs.,successors
;J nd ass i gns shall comply wi th all State:and Federa I laws and r egu la t ions
nplJlicable to the development,sale and maintenance of this project and
sha ll comply w it h all applicable provisions of the Marysville Municipal
Code.
13.Roc.ortli~.This llgroolncnt'shull bo filC:'ld il~the r e c o r-d s
of the Snohomish County Auditor'at the cost of the Owners for the
purpose of subjecting the subject property to the restrictions,
conditions and Li mi tut i ons herein set forth wh i ch are i.n t eruled and shall
Zoning &Development Agrcement/2
J hal:"~the force and effect of deed restrictions and shall be deemed to
'be coventints running with the land and binding upon the o~ner,its
heirs,successors and ass~gns..,
14.Enforcemerit.Any violatidn of this agreement by the
Owners or their heirs,successors or assigns shall be considered a
violation of the zoning ordinance of the City of·Marysville and shall
be subject to'all app~icable penalties ..In addition to said remedies,
tllC City may also elect to bring such action or actions a~will
3ccompli~h specific perfo~mance of this agreement.
IS.Constru6tion of·A reement.This ~greement is concomitant
w i til Ordinance 0..0 t e 'i ty 0 Marys v i Ll e rezoning the above-
Jcs~ribed property to t e medium density mUltiple family:residential
·~las~ification.Nothing herein shall be construed as being agreed to
ill consideration for said rezone,nor does the City relin~ui~h its
]egislritive power with respec~to said rezone in consideration for
this agreement.
TN WITNESS WHEREOF the Owners have caused these presents to
l,c exccuted in their names and the City of Marysville has caused ihe
s ume to be.du l y cxecuted by its Mayor,the date and year £i r s t .above'
written..
STl\TEOr WASHINGTON)
.)ss
C01JNTY or SNOHOMISH)
OWNERS:
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~
the State of
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On this day personaljI me 0UL.zk'?)Sft1t"d2t~":J-A~j-..tL.#~~.to me known to be the In VP-~,iS<TCscr1bed in and who e eeu e the within and foregoing instrument,
a nc]acknowledged that they signed the same as their free and voluntary act.
.uul .deed for the uses and purposes t herei n ment i oned../ij ..
GIVEN under my hand and official sea 1 this r21.Jl day of lj'a;-{~Jl._,
STATE OF·WASHINGTON)
)ss
COUNTY OF SNOHOMISH),
On this day personally appeared before me
to m~known to be the individuals
described in and who executed the within and foregoing instrument,and
acknowledged that they signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN undei my hand and .official seal this day of
,1980.--------
Zoning &Development Agreement/3
NotARY PUBLIC in~na for tKe State
of Washington,residing at
-..
G'
Approved as to form:
Zoning and Development Agreernent/4
Attest:,
~.~By !~CIeT
....r
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That portion of the Northwest qu~rter of the :outh-
eAst qUArter of Section 21,Township 30 North,RAnge 5,
[cst,lJJ.M.,described as follows:
I
Beginning at the Northwest corner of 8 &M ~rden TrActs,
according to plAt thereof recorded in Volume 10 of PlAts,
pa qa 114,records of Snohomish County,l',};,shington;thence,
North 89 0 57'10"~I,'est 11long the North line of S~i d Nodh-
west qunrter of the Southe2st quarter 330 feet to the true
point of b<:!ginning;thence South 1°10'DO"East 310.00 feet,
thence South 89 0 57'10"[<lst 132',thenceScuth 10 10'00 fI
Ea s t 330 feet;thence Nor t h 89°57'10"~;.ast 132.00 feet;
thence South 1°10'00"East 592.88 feet;thence ~!orth 89 0 52'40"
IJJest 328.26 feet;thence ~!orth 1°10'00"~!est 516.82 feet;
thence No r th 89 0 57'10"~:Est 69.96 feet;thence North 1°10'00"
','.iJst 66.62 feet;thence South 89 0 57'1011 E:3st 89.96 foet;
thence No r th 1 0 10'00 II l'Jest 530.51 feet;thence South 69°
57'lor,East 328.03 feet,more or less to point of beginning.
EXHIBIT A
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