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HomeMy WebLinkAboutO-1426 - Rezone (Special)~.... CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./424e, AN ORDINANCE OF THE CI~Y OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772 WHEREAS OLDE WEST, a limited partnership,DICK PEDERSEN, general partner,and MARYS OLDE NURSERY,a limited partnership, DICK PEDERSEN,general partner,are the owners of certain real property located at 4602 -80th Street N.E.,Marysville,Washington, the same being legally described in Exhibit A attached hereto;and WHEREAS said owners have filed apetition with the City Clerk seeking a rezone of said property from the industrial classification to the medium density multiple family classification;and ~mEREAS the City Planning Commission held public hearings on said rezone on March 26,1985 and April 15,1985,and submitted formal Findings of Fact and a recommendation in favor of granting said rezone;and WHEREAS the City Council held a public meeting on said rezone on May 28,1985 and determined that the recommendation of the Planning Commission was consistent with the public interest;NOW THEREFORB THE CITY COUNCIL OF THE CITY OF ~ARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.The Findings of Fact of the Planning Commission with respect to the rezone application relating to the Marysville Retirement Inn property located at 4602 -80th Street N.E.,Marysville, Washington are hereby adopted by reference,and said property is hereby rezoned from the industrial classification to the medium density multiple family classification. Section 2.This rezone is subject to and concomitant with a Zoning and Development Agreement entered into on this date between the owners of the property and the City of Marysville and recorded in the records of the Snohomish County Auditor. ". ...... Section 3.The official zoning ma~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 classification. PASSED by the City Council and APPROVED by the Mayor this ~day of 3'1...\1..1 '1985. THE CITY OF MARYSVILLE APPROVED AS TO FORM: B\j'.•~,..•~;.CITY ATTO •. "\0. EXHIBIT "A" OESCRIPrIOtJ': That portion of the Southwcst quartcr of the Soulhc~l3t qU.:lrtcr of Section 21,Township 30 North,Range 5 East,W.M.,described as follows: Beginning at the N~rtheast corner of said Southwest quarter of the Southeast quarter and running thence "lest 480 feet,more or less,to the Northeast corner of a tract of land conveyed to A.G.Sorenson and V.H.Godkin,by Deed recorded in Volume 246 of Deeds,page 93,under Auditor's File No.441665,records of said County,the true place of beginning,thence South along the East line of said Tract,27 1/2 rods,thence East 96 feet,thence North 27 1/2 rods;thence West 96 feet to the true point of beginning, EXCEPT County Road, AND EXCEPT that portion thereof lying Southerly of the following described linea ' Commencing at the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 21;thence North 89°52'39"west along the North line of said subdivision,for 384 feet;thence South 00°55'53"East,parallel with the East line of said subdivision,for 435.49 -feet to an existing fence and the true point of beginning; thence South 89°46'22"West along'said fence to the West boundury of the herein decribed property,the end of said line; AND EXCEPT that portion thereof granted to Public Utility District No. 1 of Snohomish County,by warranty Deed recorded on June 21,1979 under Auditor's File No.7906210336.. All situated in the County of Snohomish,State.of Nashin9ton. -. ~•&.":."t.~ • "r .....~.... '\ EXI1l1HT ~ All that portion of the Southwest 1/4 of the Southeast 1/4 of Section 21.Township 30 North.Range 5 East,W.M.,described as follows: ,'Beginning al:a point 384 feet West of"the Northeast Corner of said Southwest 1/4 of the Southeast 1/4,the true point of beginning; Thence South 453.75 feet; Thence East 96 feet; Thence North 27 1/2 rods; Thence West 96 feet to the true point of beginning; EXCEPT County Road along North side;and EXCEPT THE South 20 feet of the following described property, to wit: Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 6f Section 21,Township ,30 North',Range 5 Eas t,W.M., and running Thence West 288 feet; Thence South'37l.75 feet; Thence East 288 feet; Thence North 371.75 feet to the point of beginning; EXCEPTING therefrom right of way of County Road; ALSO Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 30 North,Range 5 East, W.M. ; .Thence North 89°52'39"West along the North line of said sub- division for 288.00 feet;. Thence South 0°55'53"East parallel with the East line of said subdivision for 434.91 feet to an existing fence and the true point of beginning; Thence South 0°55'53"East parallel with the East line of said subdivision for 18.84 feet; Thence North 89°52'39"West parallel with the North line of said subdivision for 96.00 feet;. Thence North 0° 55.'53"Wes"t parallel with the East line of said subdivision for 18.26 feet to an existing fence; Thence North 89°46'22"East along an existing fence for 95.99 feet to the true point of beginning as deed to Mabel Maginnis in Quit Claim Deed recorded under Auditor's File No.2312038; ". Situate in the County of Snohomish,State of Washington. ~',:~~•. ZONING AND DEVELOPMENT AGREEMENT THIS AGREEMENT,made this JL 'J.h -day of ~::Tit::o£...!:lu::ttf;.!le~,1985 by and between OLDE WEST,a limited partnership,DICK PEDERSEN,a general partner,MARYS OLDE NURSERY,a limited partnership,DICK PEDERSEN,a general partner,hereinafter collectively referred to as "Owners",and the CITY OF MARYSVILLE,a municipal corporation of the State of Washington, hereinafter called "City";WITNESSETH: WHEREAS the Owners hold fee title to certain real property located within the City of Marysville,Snohomish County,Washington, generally described as 4602 -80th Street N.E.,Marysville,Washington, a legal description of said property being attached hereto as Exhibit A; and,. WHEREAS the'Owners propose 'to develop,said property with a multiple residential complex known as the MARYSVILLE RETIREMENT INN;and WHEREAS the OWners have requested the C1ty to rezone said property from the industrial zone to the multiple family medium density zone;and WHEREAS the parties rec~gnize that a development of this size and character will have a substantial impact on the surrounding co~munity and that the public health,safety and welfare will be best served by ....'' l"• anticipating said impact by planning and implementing this development in accordance with certain mutually agreed upon standards,conditions and requirements which shall be documented herein and hereinafter con- sidered to be an integral part of the zoning restrictions applicable to the sUbject property:NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1.Effective Date.This Agreement shall become effective upon the granting by the City of the Owners'petition to rezone the subject':property to the medium density multiple family classification. 2.Dens'i'ty.Maximum density development on the subj ect property shall be 40 dwelling units. 3.Limitation on Commerc'ia'l uses ,There shall be no commercial uses of the sUbject property except those which meet the following criteria: a.Commercial uses may be allowed to the extent that they are incidental to the nODmal operation of a residential retirement center. b.The commercial uses shall only be made available to on-site residents. c.Commercial uses shall be located within the residential building. d.There shall be no exterior signs or advertising of any nature which is designed to attract the attention of the general pUblic. ZONING AND DEVELOPMENT AGREEMENT OLDE WEST:MARYS OLDE NURSERY / CITY OF ~ARYSVILLE Page 2 of 5 ~: ~~:.;. :. ~ i .'.. '.. I • 4.Binding Site Plan.Development of the subject property shall be in strict conformance with the plot plan,landscaping plan, drainage plan,and building plan/profile submitted to the City at the time of the public hearing on this project.Said plans are on file at the City Planning Department.Any amendments of material nature to the concept of said plan and all amendments which would have a potential impact on the surrounding community must be approved by the City Council;all other amendments may be approved by the City Compliance Officer. 5.Legal'Reauirements.The Owners,and their heirs, successors and ass~gns,shall comply with all provisions of the Marysville Municipal Code relating to the development and maintenance of this project. 6.Recording.This Agreement shall be filed in the records of the Snohomish County Auditor at the cost of the Owners for the purpose of subjecting the subject property to the restrictions, conditions 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 Owners, their heirs,successors and ass~gns. 7.Enforcement.Any violation of this Agreement by the Owners,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 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 ~greement. ZONING AND DEVELOPMENT AGREEMENT OLDE WEST;MARYS OLDE NURSERY / CITY OF MARYSVILLE Page 3 of 5 .1 • 8.Construction of Agreement.This Agreement is concomitant with Ordinance No.-~of the City of Marysville rezoning the above described property to the medium density multiple family residential c~assification.Nothing herein shall be construed as being agreed to in consideration for said rezone,~or does the City relinquish its legislative power with respect to said rezone in consideration for this agreement. IN WITNESS ~mEREOF the Owners have caused these presents to be executed by a duly authorized general partner,and the City of Marysville has caused the same to be duly executed by its Mayor,the date and year first above written. OIJ)~B~:?----=:::::;;~-:--=r-------:;--__ nICK PEDERSEN,a general partner ~DICK PEDERSEN,a general partner APPROVED:~ By ~n c<;"'K j d2~ CITY ATTOR'NEY~· ZONING AND DEVELOPMENT AGREEMENT OLOE WEST;MARYS OLDE NURSERY / CITY OF MARYSVILLE Page 4 of 5 ~~~GJ(J£L, NOTARY PUBLIC in and for the State of~ashin~ton,residing at·~ ~.•••i ••.... .·STATE OF WASHINGTON ) )SSe COUNTY OF SNOHOMISH ) On this day personally appeared before me DICK PEDERSEN. to me known to be a general partner in OLDE WEST and in MARYS OLDE NURSERY and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this '''~day of s",tze I .'.'~;... ZONING AND DEVELOPMENT AGREEMENT OLDE WEST;~RYS OLDE NURSERY I CITY OF MARYSVILLE Page 5 of 5 ( ~ "i::..:.r-~ Ii r i: ~~, ......1-., •:lo... EXHIBIT "AI. OESCRIPrI01'1 : That portion of the Southwc~t qua r t er of the Soul hcaut qua r t er of .Section 21,Township 30 North,Range 5 Ea~t,H.M.,described as follows: Beginning at the Northeast corner of said Southwest quarter of the Southeast quarter ~nd running thence West 480 feet,more or less,to the Northeast corner of a tract of land conveyed to A.G.Sorenson and V.H.Godkin,by Deed recorded in'Volume 246 of Deeds,page 93,under Auditor's File No.441665,records of said County,the true place of beginning;thence South along the East line of said Tract,27 1/2 rods;thence East 96 feet;thence North 27 1/2 rods;thence West 96 t feet to the true point of beginning; EXCEPT County Road; AND EXCEPT that portion thereof lying Southerly of the following described line: Commencing at the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 21;thence North 89°52'39"West along the North line of said subdivision,for 384 feet;thence South 00°55'53"East,parallel with the East line of said subdivision,for 435.49 feet to an existing fence and the true point of beginning; thence South 89°46'22"west along said fence to the West bound~ry of the herein decribed property,the end of said line; AND EXCEPT that portion thereof granted to Public utility District No. 1 of Snohomish County,by Warranty Deed recorded on June 21,1979 under Auditor's rile No. 7906210336. All situated in the County of Snohomish,State of l'lashington. "....-.';~." ...,. EXIIIHTT ~ All that portion of the Southwest 1/4 of the Southeast 1/4 of Section 21.Township 30 North,Range 5 East,W.M.,described as follows: -Beginning at a point 384 feet West of'the Northeast Corner of said Southwest 1/4 of the Southeast 1/4,the true point of beginning: Thence South 453.75 feet; Thence East 96 feet: Thence North 27 1/2 rods; Thence West 96 feet to the true point of beginning; EXCEPT County Road along North side;and EXCEPT THE South 20 feet of the following described property, to wit: Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 6f Section 21,Township 30 North',Range 5 Eas t,W.M. , .and running Thence West 288 feet; Thence South'371.75 feet; Thence East 288 feet; Thence North 371.75 feet to the point of beginning; EXCEPTING therefrom right of way of County Road: ALSO Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 30 North,Range-5 East, W.M.; Thence North 89°52'39"West along the North line of said sub- division for 288.00 feet: Thence South 0°55'53"East parallel with the East line of said subdivision £or 434.91 feet to an existing fence and the true point of beginning; Thence South 0°55'53"East parallel with the East line of said subdivision for 18.84 feet: Thence North 89°52'39"West parallel with the North line of said subdivision for 96.00 feet: Thence North 0°55'53"Wes"t parallel with the East line of said subdivision for 18.26 feet to an existing fence; Thence North 89°46'22"East along an existing fence for 95.99 feet to the true point of b~ginning as deed to Mabel Maginnis in Quit Clatm Deed recorded under Auditor's File No.2312038; Situate in the County of Snohomish,State of Washington. I, . 1:!. EXHIBIT "A" ORDINANCE NO.1426 CITY OF MARYSVILLE Marysville,Washington AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PRO· 'PERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP P.REVIOUSLY ADOPTED IN ORDINANCE NO.772 WHEREAS OLDE WEST,a limited partnership,DICK PEDERSEN,general part· 'nsr,and MARYS OLDE NURSERY,a limited partnership,DICK PEDERSEN, general partner,are the owners of certain real property located at 4602-80th Street N.E.,Marysville,Washington,the same being legally described in Exhibit A follow' ing hereto;and WHEREAS said owners have filed a petition with the City Clerk seeking a rezone of said property from the industrial classification to the medium density multiple fami Iy classification;and .'. ,WHEREAS the City Planning Commission held public hearings on said rezone on .March 26,1985 and April 15,1985,and submitted formal Findings of Fact and a recom· mendation in favor of granting said rezone;and WHEREAS the City Council held a public meeting on said rezone on May 28,1985 and determined that the recommendation of the Planning Commission was consistent with the public interest;NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MARYSVILLE"WASHINGTON,DO OR· DAIN AS FOLLOWS: Section 1.The Findings of Fact of the Planning Commission with respect to the rezone application relating to the MarySVille Retirement Inn property located at 4602·80th Street N.E.,Marysville,Washington are hereby adopted by reference,and said property is hereby rezoned from the industrial classification to the medium den- sity multiple family classification. Section 2. This rezone is sub]ectto and concomitant with a Zoning and Development Agreement entered into on this date between the owners of.the property and the City of Marysville and recorded in the records of the Snohomish County Aduitor. Section 3. 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 ebove-cescrlbed property to the meidum density multlple fami· Iy classification ... .' DESCRIPTION: That portion of the Southwest quarter of the Southeast quarter of Section 21, Township 30 North,Range 5 East,W.M.,described as follows: Beginning at the Northeast corner of said Southwest quarter .of the Southeast quarter and running thence West 480.feet,more or less, to the Northeast corner of a tract of land conveyed to A.G. Sorenson and V.H.Godkin,by Deed recorded in Volume 246 of Deeds, page 93,under Auditor's File No.441665,records of said County, the true place of beginning;thence South along the East line of said Tract,27'/2 rods; thence East 96 feet;thence North 271/2 rods;thence West 96 feet to the true point of beginning;. EXCEPT County Road; AN 0 'EXCEPT that portion thereof lying Southerly of the following described line: Commencing at the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 21;thence North 89°52' 39"West along the North line of said subdivision,for 384 feet;thence South 00°55' 53"East,parallel with the East line of said subdivision,for 435.49 feet to an existing fence and the true point of beginning; thence south 890 46' 22" West along said fence to the West boundary of the herein described property,the end of said line;, AND EXCEPT that portion thereof granted to Public Utility District NO.1 of Snohomish county,by Warranty Deed recorded on June 21,1979 under AUditor's File No.7906210336. EXHIBIT "B". All that portion of the Southwest_1J4 of the Southeast 1/4 of Section 21,Township 30 North,Range 5 East,W.M.,described as follows': Beginning at a point 384feet West of the Northeast Corner of said Southwest '/4 of the Southeast 1/4,the true point of beginning;Thence South 453.75 feet;Thence East 96 feet ;Thence North 271/2 rods;Thence West 96 feet to the true point of beginning; EXC·EPT ccuntv Road ~Iong Nortttside;and . EXCEPT THE South 20~feet of the followi,ngdescribed propertvrto wit: Beginning at the Northeast corner of the Sou-thwest 1/4 of the Southeast 1/4 of sectton 21,Township 30 North,~ange 5 East,W;M.,and rUO)l'ling Thence West 288 feet;. The.nce.South 371 :75 feet;'then~e East 288 f~et.;thence North 371.75 feet to the point of ,Ibeginning;.-. . EXCE PTI NG therefrom right of way of County RoadiALSO Beginning at the Nor· theast corner of the Southwest 114 of the Southeast 1/4 of Section 21,Township 30 North, Range 5 East,W.M.;Thence North 89°52' 39" West along the'North line of said sub. division for 288.00 feet;Thence South 0 055'53"East parallel with the East Iine of said .subdivision for 434.91 feet to an existing fence and Jhe true point of beginning;Thence South 0° 55' 53"East parallel with the East line of said subdivision for 18.84 feet; .Thence North 89°52' 39"West.parallel with the North line of said subdivision for 96.00 feet;Thence North 0°55'53"West parallel with the East line of said subdivision for 18.26 feet to en.extsnns fence;Thence North 890 46' 22"East along an existing fence for 95.99 feet to the true point of beginning as deed to Mabel Maginnis in QUit Claim Deed recorded under AUditor's File No.2312038;Situate in the County of Snohomish, State of WaShington. All situated in the County of Snohomish,State of Washington. PASSED by the City Counctl and APPROVED by the Mayor this 8th day of July1985.' THE CITY OF MARYSVILLE -......'.By slNorman Anderson,Mayor ATTEST:By s/Phillip E.Dexter,City Clerk APPRC?VED AS TO FORM:By James H.Allendoerfer,City Atty. PUblished:July 10,1985 .. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55. _t.I~9-!'lr..J"l.~llljt~r ,being first duly swom on oath deposes and says that he is the,-s..ec.u.t.a.ry__. _ 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 ______Dr.d1n.ance_.u~42.6 --as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __QP~con- secutive weeks, commencing on the __~Q~E__day of __c!~L_. 19J1~L,and ending on the :l:.~~l}_day of _~~•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 sum of '_.l3~.&Q9 ,which amount has been paid in full ~---~---------- Subscribed and sworn to before me this ~~_ day of ~_~~~~ Public in and f the State of Washington, Residing at MarySVille.