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HomeMy WebLinkAboutO-1204 - Rezone (Special).•.. ./ xc; " CIT Y 0 F·MAR Y S V ILL E Marysvilli,Washington ORDINANCE NO.12-01 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING PROPERTY .WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Harvey Jubie is the owner of certain real property located at 4229 -76th Street N.E.,Marysville,Washington,and l~gally described as follows: That portion of the SE~of the SW~of Sec.21,TWP 30,Rge 5 E, W.M.,described as follows:Beg.at the SE Corner of said SE~of the SW~;TH N along the E line of said subdivision 30.00'to the N line of 76th Street N.E.and the point of beginning;TH N along said Eline 440.00'to the N line of the S 470.00'of said subdivi- sion;TH W along said N line 308.6'to the E line of that certain property conveyed to Elmer and Alexandria Hartson under Auditor's file #1570918;TH S along said Eline 440.00'to the N line of 76th Street N.E.;TH E along said N line 308.66'to the Point of Beginning,Snohomish County,Washington. WHEREAS,said owner filed a petition with the City Clerk seeking a rezone of said property from the Industrial classification to the General Commercial classification;and WHEREAS,the City Planning Commission held a public hearing on said rezone on July 20,1981,and August 26,1981,and adopted Findings of Fact in favor of approving said rezone;and WHEREAS,on September 14,1981,the City Council considered said Findings of Fact and adopted the same as its own,and further required that the rezone be conditioned upon the terms of a Zoning and Development Agreement which is mutually satisfactory to the par- ties;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.The Comprehensive Plan of the City of Marysville is hereby amended so as to depict the real property described above in the General Commercial classification. ORDINANCE - 1 :... ·..... Section 2. The real property described above is hereby rezoned from the Industrial classification to the General Commercial classification. Section 3.The Official Zoning 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 reclassification of the above-described property. Section 4.This Ordinance and property whICK is implemented hereby are pliance by the owners and th~~r tenants ment Agreement dated the ;?ArT-day of recorded in the records of the Snohomish the rezone of the subject conditioned upon strict com- °th he ~erms of a Develop- f'""'"h'f!r ,1981,and ounty Auditor. :*o,.~PASSE(l.._by the City Council and APPROVED by the Mayor this~O day of ~tpw\~PY ,1981. THE CITY OF MARYSVILLE BY~~'lMAYOR I Attest: By Qkj4f ~Ji;:; CITY CLERK Approved as to form: ORDINANCE -2 ZONING AND DEVELOPMENT AGREEMENT --,1~J~NO SALES TAX REQUIRI!:D OCT 12 1981 ...:-:,.':-.;. This agreement,made this d.3~day of .i~, 1981,by and between HARVEY R. JUBIE and JANET G~13IE)hereinafter called "Owner",and the City of Marysville,a municipal corporation of the State of Washington,hereinafter called "Ci t y ": ~\;..; \\ Ret"arn to: ;City of Marysville 514 Delta Avenue Marysville,'WA 98270 ·r.: WITNESSETH: WHEREAS,the owner holds fee title to a tract of real property located within the City of Marysville,Snohomish County,Washington, generally described as 4229 -76th Street N.E.,Marysville,Washington, the legal description of said property being as follows: TI1at portion of the S~of the ~~~of Sec. 21,TWP 30,Rge 5 E,W.M.,des- cribed as follows:Beg.at the SE corner of said SE~of the ~~~;TH N along the E line of said subdivision 30.00'to the N line of 76th Street N.E. and the point of beginning;TH N along said Eline 440.00'to the N line of the S 470.00'of said subdivision;TH W along said N line 308.6'to the E line of that certain property conveyed to Elmer and Alexandria Hartson under Auditor's file #1570918;TI-I S along said Eline 440.00'to the N line of 76th Street N.E.;TI-I E along said N.line 308.66'to the Point of Beginning) Snohomish County, Washington. WHEREAS,the owner has requested the City to rezone said prop- erty from the Industrial classification to the General Commercial class- ification;and WHEREAS,the proposed use of the subject property is for the development a theatre complex for the showing of movies and other recreational and artistic performances;and WHEREAS,the owner acknowledges .tha t the use of the subj ect property for a theatre has the potential of creating an adverse community impact as defined in Chapter 5.56 of the Marysville Municipal Code,and to pre- vent against the same the public interest would best be served by stipu- lating to certain standards,conditions and requirements which shall be documented herein and hereafter considered to be an integral part of the zoning restrictions applicable to the subject property:NOW,THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.Effective Date.This agreement shall become effective upon the granting by the City of the owner's petition to rezone the subject property to the General Commercial classification. ZONING &DEVELOPMENT AGREEMENT - 1 RI10090 165 \'L 1726PAG£643 .;..,,',,.,~.".' J. 2.Use of Property.Neither the owner nor his employees, agents,tenants,successors or assigns shall ever allo~or permit a theatre or any other structure or improvement on the subject property to be used for a movie,performance,display or other business,recrea- tional or artistic purpose which is oriented exclusively for adult audiences,or for which admission is restricted to adult audiences only. 3.Site Plan.Prior to approval of a building permit for any structure on the property,a binding site plan shall be submitt~d by the owner,subject to review and approval by the City Staff.Sald site plan shall show,at a minimum,a private access road of at least 26 feet in width,a protected pedestrian walkway,landscaping,build- ing sizes and locations,and parking areas.Said site plan shall con- stitute a binding plan for development of the property,and all devel- opment undertaken on said property shall be in conformance with the same.Any and all amendments shall require approval by the City Staff, subject to the right of the owner to appeal to the City Planning Com- mission. 4.Legal Requirements.The owner,and its employees,agents, tenants,heirs,successors and assigns~sha~l comply with all State and Federal laws and regulations a~plicable to the development,sale, maintenance and operation of the subject property and the improvements thereon,and shall comply with all applicable provisions of the Marys- ville Municipal Code. S.Recording.This agreement shall be filed in the records of the Snohomish County Auditor at the cost of the owner for the pur- pose of subjecting the subject property to the restrictions,condi- tions and limitations herein set forth which are intended and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the land and binding upon the owner,its heirs,successors and assigns. 6.Enforcement.Any violation of this contract by the owner, its employees,agents,tenants,heirs,successors or assigns shall be considered a violation of the zoning ordinance of the City of Marys- ville and shall be subject to all applicable penalties.In addition to said remedies,the City may also elect to bring such action or actions as will accomplish specific performance of this agreement. Furthermore,the City shall have the right to suspend or revoke the Business Occupancy Permit of any violator on the subject premises pur- suant to Chapter 5.02 of the Marysville Municipal Code. 7.Construction of Agreement.This agreement is concomitant wi th Ordina~ce No.12.,09 of the Ci ty of Marysville rezoning the above-descrlbed property to the General Commercial Classification. Nothing herein shall be construed as being agreed to in consideration for said rezone,nor does the City relinquish its legislative Dower with respect to said rezone in consideration for this agreement. ZONING &DEVELOPMENT AGREEMENT - 2 8110090165 vOll?26 PAC::6·14 "I'•••~., ~. IN WITNESS WHEREOF,the owner has caused these presents to be executed in its name,and the City of Marysville has caused the same to be duly executed by its Mayor,the date and year first above written. THE CITY OF MARYSVILLE BY~'~MAYOR Attest: Approved as to form: STATE .PF WASHINGTON) .....~.I )...-;;-'"",nHI'j"S5..<,~~~~~y~.tJj>~NOHOMISH) ,1·l "'..··~\()N E;-\~".<"'/"../~•::Ve;ij\R.y'0),1;,"thIS day personally appeared before me HARVEY R.JUBIE and I t::ilf~~p·<'..tJuBIE.to.me known to ,,?e t~e individuals described in and who '~~1J<fAA..~£th,e '~WI t h i n and f or egoLng Instrument,and a ckn owl.e dge d that "~I.f\~.r slg'Q'e:d the same as their free and voluntary act and deed,for the ';.....;.~~(~.~~~-:~12.~r p 0 s esther e in men t ion ed . "'",!'0 F W•."~~,/ """"::fGIVEN under my hand and official seal this ;(.3 J day of ~h~1981. (j Washi'ngton, ZONING &DEVELOPMENT AGREEMENT - 3 8110090165 ·..-:,..1 .,...'~ ,, , "• THE UNDERSIGNED,being the managers of the theatre proposed for the subject property hereby acknowledge receipt of a copy of the foregoing contract,and agree to be bound by all terms and provisions thereof. DATED this2lftz..day of ZONING &DEVELOPMENT AGREEMENT - 4 8 110090165 BERRY .VIEW ASSOCIATES,a General Partnership iOL 1726 PAGE 646 ORDINANCE NO. 1204 CITY OF MARYSVILLE Marysville,Washington . An Ordinance 01 the City of Marysville rezoning property within the City Lir:nits and amending the Official Zoning Map' previously adopted in orotnance.No.772, WHEREAS,Harvey Jubie is the owner, of certain reei property located at 4229 .! 76th Street N.E.,Marysville,arid legally described as follows:.- That portion of the SE'/4 of the SW'/4 of Sec. 21,TWP 30, Rge 5 E,W.M.described as follows:Beg.at the SE Corner of said SE'/4 of the SW"4;TH N along the E line of said subdivision 30.00' to the N line of 76th Street N.E.and the point of beginning:TH, N along said Eline 440.00' to the N line of the S470,00'of said ,subdivision;TH W along said N line 308.6' to the E line of that certain property conveyed to Elme'r and. Alexandria Hartson ,under Auditor's file ,No.1570918; TH 5 along said Eline 440.00' to the N -Ilne of 76th Street N.E.;TH E along'said N line 308.66' to the Point of Beginning,Snohomish County, Washington. WHEREAS,said owner filed a petition with the City clerk seeking a rezone of Said~ property from the Industrial classification to the General Commercial classification; 'and . WHEREAS,the City Planning Commis sion held a public'hearing on said rezone, on July 20,1981,and August 26, 1981,and adopted Findings,of Fact in favor of ap- proving said rezone;and VVHI:I<I:A::>,on September 14, 1981,the City Council considered said Findings of fact and adopted the same as it~own,and further required that the rezone be condi- tioned upon the terms of a Zoning and Development Agreement wntcn is mutual· ly .satisfactory to the parties;NOW,' THEREFORE, THECITY COUNCIL OFTHE CITY OF MARYSVILLE,WASHINGTON,DO O'R' DAIN AS FOLLOWS: Section 1.The ,Comprehensive Plan of tne City of Mar:-y'sville is hereby.amended so as to depict the real property described above in'the General comrnerclat classification.', Section 2.The real property described above is hereby rezoned from .the In' dustrial classification to the General Com' rnerctat classification. Section 3.The Official Zoning Map of Marysville,Washington,as adopted by the City in 1972in Section 5.02 of Ordinance No. 772 is hereby,amended to,reflect the- reclassification of the above-described property.'. Section 4.This Ordinance and the rezone 9f the subject property which is im- plemented hereby are conditioned upon strict compliance bv the owners I'Ind_tbAlr tenants with the terms of a [jevelopment'l Agreement dated the 23rd.day of September,1981, and recorded in the records of the Snohomish County Auditor. PASSED by the City Council a~'d AP- PROVED by the Mayor this 28tn day of September,1981. "' ,THE CITY OF MARYSVILl,' By s/Daryl BrenniCk,Mayor ,Attest:by s/Phillip E.Dexter,City' Clerk Approved as to form:By s/James H. Allendoerfer,City Attorney.'- .Published:Sept. 30,.198! AFFIDAVIT OF"PUBLICATION' No._ STATE OF WASHINGTON, County of Snohomish, 55. on oath deposes and says that he is the ,.._aacr.e.tary _ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ______.Qrdin..anctL.l204 as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __On.~__ con- secutive weeks,commencing on the __)_~~!1..day of _~~.p-~!_. 19.81_,and ending on the _3Qt..h_day of ~~.R1:.,,__,19_~~_, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the SU~$__!1:~~~~'which amount has b1ft==:een paid in full -C"l rJ\._ -----.LQc-,--_\LL~___' Subscribed and s rn to before me this ~__~!:-::__ day of --~~'P"~~~~- Notary Public in and for the State of Washington, Residing at MarySVille.