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Home My WebLink AboutO-1300 - Rezone (Special).,..111 .............,,.~",..' , ,;"....,. ~~~~-~f'~cer 1.-e,.,o k PIA b. 3-A-vJG CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1300 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,ROBERT CANNAN is the owner of 3B.3 acres of real property located within the City of Marysville and generally situated south of 76th Street N.E.,West of 67th Avenue N.E.,and East of 64th Avenue N.E.,a legal description of said property being attached hereto as Exhibit "A"and incorporated herein by this reference;and WHEREAS,said owner has filed a petition with the City Clerk seeking a rezone of said property from the single-family residential 9600 qlassification to the planned residential develop- ment 9600 classification;and WHEREAS,the City Planning Commission held a public hearing on said rezone on June B,1983,and continued the same on June 22, 1983,and submitted formal Findings of Fact and a recommendation in favor of granting said rezone;and WHEREAS,the City Council held its own .public hearing on said rezone on July 25,1983 and August 1,19B3,and found that the rezone is in the public interest and is consistent with the Comprehensive Plan;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The Findings of Fact of the Planning Commission with respect to the rezone application of ROBERT CANAAN,as amended by the City Council,are hereby adopted by reference,and the above- described property is hereby rezoned from single-family residential 9600 classification to the PRD 9600 classification,subject to the following: (a)The PRD Binding Site Plan for the subject property, to be prepared by the owner in conformity with the Preliminary Site Plan,approved by the Ci ty Council and filed with the City Clerk. Ordinance - 1 .....-••-l , ....iJ......... .... (b)Rezone Covenants and Agreement,to be executed by the owner,approved by the Mayor,and recorded in the records of the Snohomish County Auditor. (c)Conditions of PRD approval adopted by the City Council. (d)Conditions of the Preliminary Plat of Kellogg Meadows adopted by the City Council. Section 2.The official Zoning Map of the City of Marysville,Washington,as adopted in 1972,and section 5.02 of Ordinance No.772,are hereby amended to reflect the reclassifi- cation of the above-described property as PRD 9600.This reclass- ification is inseparably appurtenant to the PRD plan and Plat of Kellogg Meadows which are approved concurrently herewith.In the event that the plat,or any part thereof,expires or termin- ates because it is not recorded and completed within the time limits required by law,this zoning classification and PRD plan shall simultaneously expire and terminate with respect to the affected property,and said property shall revert to the single- family residential 9600 classification. :'~ASSED by the City Council and APPROVED by the Mayor this rl5-~day of ~/eJ?J6er ,1983. F MARYSVILLE MAYOR ATTEST: BY~fX2;ztCTYCLERK APPROVED AS TO FORM: BY!"'1""--;,(L2.u...-.4,."e~V CTTY ATTO~ Ordinance - 2 ~','''~'~.-.,..,...... EXHIBIT "A" LEGAL DESCRIPTION 'f Al:lpf the Plat of Henning's Ke1lo'gg Marsh Gardens,as per plat'-,recorded in Vo 1 urne 11 of PIa t s on page 85,recorda of Snohomish County;EXCEPT the East.l acre of 'Tract 12 of said Plat,and EXCEPT the following tracit:Beginning 17'East of the NDrthwest corner of Lot 3 of Henning's .Kellogg Marsh Gardens;thence running due South and parsllel to the West line of said Lot 3,for 135';thence running . Easterly and parallel to the North boun~ary line of said lots,322.1'though.the remainder of Lot 3 and Lot 4 to a point 13.5'E~st of the West lin~of Lot 5;thence running due North and par~llel to said line~135'to a point 13.5' East ,of the Northwest corner of Lot 5;thence West 322.7' to a ~oint o('beginning;Snohomish County,Washington: SUaJECT TO easement for drainage purposes only over a portion of subject property,contained in instrument recorded October 10,1966 under Auditor's File No.1903813,and easement for electri~tr~nsmission line and r~lated rights and telephone line and rights as granted to Public Utility District No.1 of Snohomish County,.Washington,and General Telephone Co.of the Northw8st~Ihc.,recorded June 12,1969, under Auditor's File No.2098024,and any other easement, reservations or rest~iction~'or record,if any. , "1&,r· AF'FIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55.~_.t ___~tlA:-__t~,--~J.\feilig first duly sworn on oath deposes and says that he is the_~~~..~_ of THE MARYSVILLE GLOBE, a '~kI;-"';e~aper. 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 ____Q_C~J_Q~~--J~(:p as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _g]~con- secutive weeks,commencing on the JgiJ~day of ~_.. 19~2,and ending on the J~day of __~J?ti9~~ both dates inclusive,and that such newspaper~.J;e~ularlY distributed to its subscribers during all of said period.That the 'full amount of the fee charged for the foregoing publi- cation is tho SUM ;::c75-__.which amount has been paid in full --~-a-_...._.....----._H-1"'""- Subscribed and sw n to before me this :$ day of &.__::~~---:-: Notary Public in and for the State of Washington, Residing at Marysville. •,CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO. 1300 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PRO· PERTY WITHI N THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP P~EVtOUSLY ADOPTED IN ORDINANCE NO. 112.' W,tI~_REAS,ROB~RT CANAAN Is the owner of 38.3 acres of reaf property located wlttiln the City of Marysville and gene"ally situated south of 16th Street N.E.,West of 67th Avenue N.E.,and East of 64th Avenue N.E.,a'iegal description of said property be' Ing attached hereto as EX~lblt "A"and Incorporated herein by this reference;and 'EXHIBIT "A" LEGAL DEseRI PTION All of the Plat of Hennrng's Kellogg Marsh Gardens.as per plat recorded In Volume '11 of Plats on page 85,records of Snohomish County;EXCEPT the East 1 acre of Tract 12 of said Plat,and EXCEPT the following tract:Beginning 17'East of the Northwest corner of L.ot 3 of Henning's Kellogg Marsh Gardens;thence running due South and parallel to the West fine of said Lot 3,for 135';thence running Easterly and parallel to the North boundary line of said lots,322.7'though the remainder of Lot 3 and Lot"to a point 13.5' East of the West nne of Lot 5;thence running due North and parallel to said nne,135'to a point 13.5'East of the Northwest corner of lot 5;thence West 322.7' to a point Of beglnn- Ingj SnohomIsh county"Washington;SUBJ ECT TO easement for drainage purposes on- ly over a portion of sublect property,contained In Instrument recorded OctOber 10, 1966 under AUditor's File No.1903813,and easement for electric transmission line and related rights and telephone line and rights as granted to Public Utility District No. 1 of 'Snohomish county,Washington and Genera.Telephone Co.Of the Northwest,rne., recorded June 12,1969,under Auditor's File No.2098024,and any other easement,reser- vations or restrIctions or record,If any.' . ' WHEREAS,said owner has flied a petition with the City Clerk seeking a rezone of said property from the single-family residential 9600 classification to the planned residential development 9600 classification;and . WHEREAS,the City Planning Commission held a public hearing on said rezone on June 8,1983,and continued the same on June 22,1983,and SUbmitted formal Findings of Fact and a recommendation In favor of granting said rezone;and WHEREAS,the City Council held Its own public hearing on said rezone on July,2S,1983 and August 1;1983,and found that the rezone Is in the public Interest and Is consistent with the Comprehensive Plan;NOW,THEREFORE, THE CITY COUNCIL OFTHE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.The Findings of Fact of the Planning Commission with respect to the rezone appllcatron of ROBERT CANAAN,as amended by the City Council,are hereby adopted by reference,and the above·descrlbed property is hereby rezoned from slngle-famlty residential 9600 cla~slflcatlon to the PRO 9600 classification,SUbject to the following: (a)The PRO Binding Site Plan for the subject property,to be prepared by the owner In conformity with the preliminary Site Plan,approved by the City Council and flied with the City Clerk. ,(b)Rezone Covenants and Agreement,to be executed by the owner,approved by the Mayor,and recorded In the records of the Snohomish County Auditor.' (c)Conditions of PRO approval adopted by the City Council. Cd)Conditions of the Preliminary Plat c,f Kellogg Meadows adopted by the City Coun- cil. Section 2.The official zoning Map of the City of Marysville,Washington,as adopted in 1972/and section 5.02 Of Ordinance No.772.are hereby amended to reflect the ,reclilsslflcatlon of the above-described property as PRO 90600.This reclassification Is In- separably appurtenant to the PRO pilln and Plat of Kellogg Meadows which are approv- ed concurrently herewith.In the event that the ptat,or any part thereof,exprlre!.or ter· minates because it Is not recorded and completed within the time limits required by law. this zoning classification and PRO plan Shall slmultan'eously expire and terminate with respect to the a'tfected proper1y,and said property shalt revert to the slngle-fam"v residential 9600 classification. PASSED by the City Council and APPROVED by the Mayor this 12th day of September,1983. THE CITY OF MARYSVILLE By slDaryl D.srenntck,Mayor Anest:By s/Phllllp E.Dexter,City Clerk Approved as to Form:By James H.Allendoerfer, City Attorney PUbHshe~:September 1~,1983