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Home My WebLink AboutO-1418 - Rezone (Special)·,.-, '.'..t-:B",,~PtA-b'2.~~'"f'~ce A'1e.CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./~ 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 HARVEY R. JUBIE and LAVON D.READ are the owners of certain real property located at 1248 Cedar Avenue,Marysville,Wash- ington,the same being legally described as follows: That part of Section 28 Township 30 North Range 5 East WM Snohomish County,Washington described as follows: Beginning 625'North of the Northwest corner of Lot 11, Block 3 of Edward Steele's 2nd Addition to the Town of Marysville,thence North 170'~thence East to the East line of the Northwest quarter of the Northwest quarter of Section 28 Township 30 North Range 5 East WM~thence South 170'~thence West to the point of beginning~less Great Northern Railway right-of-way; WHEREAS said owners have filed a petition with the City Clerk seeking a rezone of said property from the single family residential classification to the medium density multiple family residential c1assification~and WHEREAS the City Planning Commission had pUblic hearings on said rezone on February 26,1985 and April 9,1985 and submitted formal Findings of Fact and a recommendation in favor of granting said rezone~and WHEREAS on April 22,1985 City Council reviewed said Findings of Fact and reaffirmed the same,finding that the rezone was in the public interest,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 HARVEY R. JUBIE and LAVONE D.READ are hereby adopted by reference,and the above described property is hereby rezoned from the single family residential class- ification to the medium density multiple family residential classifi- cation,subject to the following conditions: a.At the time of development of the sUbject property fences shall be constructed for the full length of the north and east boundary lines; b.There shall be no vehicular access between this property and the development to the south; c.The subject property may only be developed in accordance with the site plan filed with the City on April 9,1985.Said site plan designated the maximum density allowable,the open space areas,a sports court area,and the profile elevations and appearance of the proposed buildings.Any material deviation from this site plan shall require reconsideration of the rezone by the Planning Commission and City Council. The conditions of this rezone shall be binding upon the owners,their heirs,successors and assigns,and any violation of the same shall be cause for denial of building and development permits and/or revocation of the rezone granted herein. 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 reclassification of the above described property to the medium density multiple family residential classification. ........" .r ...~ ... PASSED by the City Council and APPROVED by the Mayor this 22"fJday of ap4'( ,1985. CITY OF MARYSVILLE ATTEST: BY'~~ APPROVED AS TO FORM: OF MARYSVI~E REZONING CERTAIN CITY ,LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN O~INANCE NO."2 WHEREAS HARVEY R.JUBIB and LAVON D.READ are the owners of cer'tllin real property loca.tect at 1248 Cedar Avenue,Marysville,Wash i~g~on,the same b.ing lsgally d.scrib.d as foliowsl That part of Section 28 Townahip 30 Marth Range 5 East WM SnohOtllish County,Washington described as foilowsl Beginning 625'North of the Northwest corner of'Lot 11, Block 3 of Edward Steele's 2nd Addition to the Town of Marysville,thence North I'D',thence East to the Eaet line of the Northwest quarter of the Northwest quarter of Section 28 Township 30 NOrth Range 5 Bast WM;thence, South 1'0',thence West to the point of beginning;less Great Northern Railway right-of-way, WHEREAS said owners have filed a petition with the City Clerk seeking a rezone of sa~property from the single family ~"idential classification to the medium density multiple family residential classification,and .WHEREAS the City Planning Commission had public hearings on said rezone on February 26, 1985 and April 9,1985 and submi~ted ,formal 'Findings of Fact and a recommendation in favor of granting said re,zone,and WHEREAS on April 22,1985 City Council reviewed said Findings of Fact and reaffirmed the same,finding that the rezone was,in the public interest,NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO 01U>AilNAS.WSI ,..,Th.rindinVI of Fact of'the Planninv COJnlll1...ion< !~~h re .~zone application of HARVEY R. JUBIE and LAVONE ,1Iil"~a •~·....d ~y r.terence.~.as:.above described-property is hereby r.zoned from the single family residential class- ification to the medium,density multiRle family residential classifi-. cation.subject to the following conditions: a.At the time of development of the subject property fences shall be constructed for the full length of the nor~and east boundary lines, b.There Ihall be no vehicular access between tli"is property and the development to the south; c.The subject property may only be developed in accordance with the site pl~n filed with the City on April 9,1985.Said site plan designated the maximum density allowable,the open space area••a sports court area,and ~e profile elevations and appearance of the proposed bul1dlngs.Any materlal devlation from this site plan ahall require reconsideration of the rezone by the P:Lennlnq COIIIlIIiasion and City council. -~:."'........~-(:.._.....""'__II. The conditions of this rezoiul·"sl\all be bindi'ng upd1r the o_llrsy ·their 'heirs,succeSsore and aasigns;and any violation of.the same shall be cause for denial of building and development pecmits and/or revocation of the rezone granted herein. Section 2.The official zoning map of the City of Marysville Washington as adqpted in 1972 and Section 5.02 of Ordinance No."2 are hereby amended to reflect the reclassification of ~he above described property to the medium density multiple family residential classification. CITY.OF MARYSVILLE By s/Norman Anderson,Mayor ATTEST:By slPhillip E.Dexter,City Clerk APPROVED AS TO FORM:By James H.Allendoerler,City Atty, Published:April 24,1985___10:•. PASSED by the City Council and APPROVED by tne Mayor this 22nd day of. April,1985. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, SSt ________k:ht}~t~_~v~Jt~_"~.~r ,being first duly sworn on oath deposes and says that he is the .ae.cr_6.t.a.xy _ 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 I of said newspaper.That the annexed is a true copY'of a ________9!'_1~p_~I]..9_~_il..J,..l:tJ._~as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _Qo.-e con- t"k .th 24th d fA"'r i1secu lve wee s, commencmg on e ay 0 _.D', 19J1.5_,and ending on the __~Y..t~JL day of fI..p..~J._l_,1~$__, 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 sum of $_~'Z.2.....5Q ,which amount has been paid in full _~__~_ Subscribed and sworn to before me this _1:?~_ Notary PUbllc·~in,.."..,~d~f~o~~-~·~,.1;~,~~··· Residing at Marysville. day of _ '0 " \.