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HomeMy WebLinkAboutO-1454 - Rezone (Special)./.. "i 1_B;i,\e.P....b;< t-G,.,mp,offr ce fife CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1L./S{ 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,MARY'S OLDE NURSERY,a Limited Partnership,is the owner of the following described property located at 4624 -80th Street N.E.,Marysville,Washington: Parcell: Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of Section 21,Township 30 North,Range 5 East,W.M.~Thence West 288 feet~ Thence South 300 feet~Thence East 288 feet~Thence North 300 feet to the Point of Beginning~LESS County road~Situated in the County of Snohomish,State of Washington. Parcel 2: Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of Section 21,'Township 30 North,Range 5 East W.M.~Thence West 288 feet~ Thence South 371.75 feet~Thence East 288 feet~Thence North 371.75 feet to the Point of Beginning~LESS County road ~and LESS the North 300 feet ~and LESS the.South 20 feet thereof~Situated in the County of Snohomish,State of Washington. WHEREAS,said owner filed a petition with the City Clerk seeking a rezone of said property from the Industrial classification to the Community Business classification~and WHEREAS,the City Planning Commission held public hearings on said rezone on September 24,1985,October 8,1985,and October 22,1985,and submitted formal Findings of Fact and a recommendation in favor of rezoning said property to'the Community Business classification (subject to a Rezone Contract)~and WHEREAS,the City Council has reviewed said Findings of Fact and recommendation,and finds that the rezone is in the public interest and is consistent with the Comprehensive Plan~NOW, THEREFORE, 1 ....~ 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 MARY'S OLDENURSERY, a Limited Partnership,are hereby adopted,and the above-described property is hereby rezoned from the Industrial classification to the Community Business classification (subject to a Rezone Contract)• 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 bereby amended to reflect the reclassification of the above-described property. Section 3.This ordinance,and the rezone of the subject property which is implemented hereby,are conditioned upon strict compliance by the owner with all terms and conditions of a concomitant Rezone Contract entered into between the owner and the City and recorded in the records of the Snohomish County Auditor. ~PASSED by the City Council and APPROVED by the Mayor this "'2.7-day of .;r4.D ....Q.)\~,1981rL-. ATTEST: CITY OF MARYSVILLE£J 1 --~:'V\~ ~\MAYOR BY~~tTYCLERK APPROVED AS TO FORM: 2 ,.', " ZONING AND lDm:vm:LOPMEN"Il."AGlREmEN"1I." This agreement,made this 27th day of January,1986,by and between MARY'S OLDE NURSERY, a limited partnership,RICHARD S. PEDERSEN,general partner,hereinafter referred to as "Owner,"and the CITY OF MARYSVILLE,a municipal corporation of the State of Washington,hereinafter called "City"~WITNESSETH: WHEREAS,the Owner holds fee title to that certain real property located within the City of Marysville,Snohomish County, Washington,generally described as 4624 -80th Street N.E., Marysville,Washington,a legal description of said property being attached hereto as Exhibit A~and WHEREAS,the Owner has requested the City to rezone said property from ~he Industrial classification to the Community Business classification~and WHEREAS,said property is adjoined by property zoned in the Industrial and Multiple Residential classifications,thereby raising unique concerns regarding compatibility of uses and the need for sensitivity in site planning and deve1opment~and WHEREAS,the Owner acknowledges that the public health, safety and welfare would be best served by anticipating the potential impacts of commercial development on this site and by planning and implementing such development in accordance with certain mutually agreed upon 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 MUTUALLY 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 Community Business zoning classification. 2.Dedication of Street Right-of-way.Prior to obtaining any development permits for the subject property,the Owner shall dedicate to the City,at no cost,ten feet of right-of-way for the full abutting frontage on 80th Street N.E.,and ten feet of right-of-way for the full abutting frontage on 47th Avenue N.E. 3.Binding Site Plan/Use Restrictions and Performance Standards.The subject property shall be developed as a planned I ...'·. community business site under unified control.Prior to commencing any development activity,the Owner'shall submit a site plan for review and approval by the Planning Commission and City Council.No advertised public hearing shall be required.All uses proposed for the subject property and all performance standards £or the development of said property shall comply with the provisions of the Planned Community Business Zone.If the City has not adopted such a zone at the time of this site plan review,the City shall utilize Chapter 18.45 of the Snohomish Cou n ty Cod e wh I ch .r'e I ate s to planned communi ty bu sine ss developments in the unincorporated areas of Snohomish County. Upon City Council approval of the site plan submitted by the Owner,the same shall become an integral part of the zoning classification applicable to the subject property,and shall constitute a restrictive covenant running with the land which shall be binding upon the Owner,its heirs,successors and assigns. The City Compliance Officer shall be authorized to approve minor modifications to the site plan,provided that the same cause no increase in intensity of use,and do not require performance standards below those required by the City Council,or increase the risk of detrimental impact on adjoining properties. Substantial alterations to the site plan shall require review and approval by the Planning Commission and City CounciL 4.Duration of Approval.In the event that the Owner has not received approval of a Binding Site Plan and has not made substantial progress toward constructing the project,within two years after the date of zoning approval by the City Council,the City Council shall hold a pUblic hearing'to determine whether the ,Community Business zoning classification should be discontinued and the Industrial zoning classification reinstated. 5.Legal Requirements.The Owner,its heirs,successors and assigns,shall comply with all provisions of the Marysville Municipal Code relating to the development and maintenance of the subject property. 6.Enforcement.Any violation of this agreement by the Owner,its 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 agreement. 7.Construction of Agreement.This agreement is concomitant with Ordinance No.1454 of the City of Marysville rezoning the above-described property to the Community Business classification. Nothing herein shall be construed as being agreed to in 2 ....'1' "- ."'" consideration for said rezone,nor does the City relinquish its legislative power with respect to said rezone in consideration for this agreement. IN WITNESS WHEREOF,the Owner has 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 and City Clerk,the date and year first above written. STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) On this day personally appeared before me RICHARD S. PEDERSEN,to me known as a General Partner of MARY'S OLDE NURSERY, a limited partnership,and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed f9r the uses and purposes therein mentioned. GIVEN under my hand and official seal this __ez:d~-Y,9f December,1985. '.-> ~."'~'"'\;.:.--,{-./ ,..'" ~~NOTARYPUBiCiIl and for the State ~aShington,residing. at .d.~ r"~'.'~.,:: '.'" Attest: CITY OF MARYSVILLE BYNe~~p ..._r..__ R:it",11 It'lJ..eny : BY==-::-:::~-=---;:===,=,,--:::;-r--,:---;;-:;----.--PHILLIP E.DEXTER,City Clerk 3 .... 0" \ :.~~.. Approved as to form: B 4 . •~III•.. EXHIBIT A Parcell: Beginning at the Northeast corner of the Southwest . quarter of the"Southeast quarter of Section 21, Township 30 North,Range 5 East,'W.M.;Then.ce West 288 feet;'Thence'South 300'feet;Th"ence E"ast 288 feet;Then.ce North 30 o feet to the Point of BegiFming; LESS County road;Situated in the County of Snohomish, State of Washington. Parcel 2: Beginning at the Northeast .comer of the Southwest quarter of the Southeast quarter of Section 21, Township 30 North,Range 5 East,W.M.;Thepce West 288 feet;Thence South.j71.75 feet;Thence East 228 feet;Then.ce North 371.75 feet to the Point of - Beginning;LESS County'road;and LESS the North 300 feet;and LESS the ..South 20 feet thereof; Situated in the County of Snohomish,State of Washington. MEMORANDUM TO: FROM: DATE: SUBJECT: OFFICE OF THE i\IlAYOR Norm Anderson Ph~llip E.Dexter,Finance Director Norman Anderson,Mayor ~~~ January 21,1986 Veto of Ordinance #1454;Reasons for For the following reasons I will veto the Planned Community Business Zone,Ordinance #1454. 1.Roads,generally are not,in their present state, capable of handling the volume of traffic a Planned Commun- i ty Business Zone would attract,i.e.,80th Street N.E. and 47th Avenue N.E. 2.Presently Marysville has very little land zoned industrial.Ordinance #1454 would erode an already shortage of industrial land. 3.Ordinance #1454 would create the concept of "Spot Zoning"a PCB next to industrial and single family zones. 4.The development of a PCB at the Marysville Nursery site is a radical change from the original proposal as it was presented to the City Council.It was based on this original concept,a Morn &Pop store and retirement horne, that neighbors were asked to sign a petition of approval. 5.Presently the City has numerous pieces of commercial property that remains undeveloped.Why the need.for addi- tional commercial property? 6.Ordinance #1454 will set a precident that could create PCB zoning in all areas of the City thus all residen- tial and industrial properties would be subject to zone changes. In conclusion it is my belief that the concept of Planned Community Business zoning will not be of benefit to the citizens of Marysville and could in fact prove to be a determent to the future development and protection of residential and industrial zones. NA/ms cc:City Council Jim Allendoerfer 514 Delta 0 Marysville, Washington 98270 0 206 - 659-8477 STATE OF WASHINGTON, County of Snohomish, ss, No.' ,1:.:i:.I!.<!~_~~_b~_t::.e_:r.:.__. ,being first duly sworn ·d(:!!.~~!~!?(;~::..... fate Of~~~~;~·;~on. svtne,. 'rtiA ------------ ~-~--------- ~of -.J.?}!.l!~~719_?.?_, spaper was regularly of said period.That the foregoing publi- .,--" CITY OF MARYSVILLE secretary Marysville,Washington ,..-weekiy--'iie~~-papel~ !.ORDINANCE N.O. 1454 er which has been ap- ,AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PRO-'in Snohomish Count PERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP er 213 of Washingto~ PREVIOUS ADOPTED IN ORDINANCE NO. 772.:>f . WHEREAS,MARY'S OLDE NURSERY,a Limited Partnership,is the owner of the :en.or mo~e than SIX following-descriped property located at 4624 - 80th Street N.E.,Marysville,Washington:cation her~mafter re- Parcell:..'ua~e continually as a Beginning at the Northeast corner of the Southwest quarter of the Southeast quarter of imish County,Wash- .Section 21,Township 30 North,Range 5 East,W.M.;Thence West 288 feet;Thence South said time was printed 300 feet;Thence East 288 feet;Thence North 300 feet to the Point of Beginning;LESS d place of publi ti County road;Situated in the County of Snohomish,State of Washington.t f ca Ion Parcel 2:.a rue copy 0 a Beginning at ,the Northeast corner of the Southwest quarter of the Southeast quarter of Section 21,Township 30 North,Range 5 East,W.M.;Then'ce West 288 feet;'Thence South as it 371.75 feet;Thence East 288 feet;Thence North 371.75 feet to the Point of Beginning;-----l-----t f I was LESS County road;and LESS the North 300 feet;and LESS the South 200 feet thereof;supp emen orm)of Situated in the County of Snohomish,State of Washington. 'WHEREAS,said owner filed a petition with the City Clerk seeking a rezone of said pro-riod of __.9!1-~__con- .pertv from the Industrial classification to the Community Business classification;and WHEREAS,the City Planning Commission held public hearings on said rezone on 1 h 'J September 24,1985,October 8,1985,and October 22,1985, and submitted formal Findings ,_t__day of _':~~~.:!_, .:of 'Fact and a recommendation in favor of rezoning said property to the Community Business classification (subject to a Rezone Contract);and , WHE REAS,the City Couricil has reviewed said Findings of.Fact and recommendation, and finds that the rezone is in the pubuc interest and is consistent with the Comprehen- sive Plan;NOW,THEREFORE,. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR- DAIN AS FOLLOWS: Seciton 1.The Findings of Fact of the Planning Commission with respect to the Rezone Application of MARY'S OLDE NURSERY,a Limited Partnership,are hereby adopted,lch amount has been and the above-described property is hereby rezoned from the I ndustrial classification to , the Community-Business classification (subject to a Rezone Contract). .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 ,-rectasstttcatton of the above-described property.I .Section 3.This ordinance,and the rezone of the subject property which is implemented hereby,are conditioned upon strict compliance by the owner with all terms and condi- tions of a Concomitant Rezone Contract entered into between the owner and the City and recorded in the records of the Snohomish 'County Auditor. PASSED by the City Council and APPROVED by the Mayor Pro Tem this 27th day of January,1985. THE CITY OF:MARYSVILLE By Rita ;Matheny Mayor Pro Tem ,ATTEST:By Phillip E.Dexter,City Cler!<.\ APPROVED AS TO FORM:By James 1-:1.,4.lIendoerfer,City Atty. '";I?lu.bli.~hed:,January 79,1986.";.-.1_l-.-:---~_._._----_:_-~_.t--~~,-----~._. i No.' STATE OF WASHINGTON, County of Snohomish, 55. ______J.._iJ~c!~_!V~.?.?_t_e_r:.,being first duly sworn -'1!ff-.,-~'¥-u."'....#ZOHi8\on oath deposes and says that he is the;..§~_cn~.~~r:L_.._.-OR Ililf:@.$7 of THE MARYSVILLE GLOBE,a weekly newspaper. €)INlClfU That said newspaper is a legal newspaper which has been ap- l OPAL BA~~:proved by ord~r of the.Superi?r Court in Snohomish qounty --Available in polished :June 18, 1962 III co~p!lance with Chapter 213 of Washlllgt~n or antique brass ~"Laws of 1941, and It IS now and has been for more than SIX .REG.Sf.SiD .r:;"months prior to the date of the publication hereinafter re-au ftBPAl RAUL 6em@}''..ferred to,published.in the En.gUsh language continually as a .Pollshed or antique brass t\li;)@ ".•.weekly newspaper III Marysville,Snohomish County,Wash- REIG.$9.9&ea.ington,and it is now and during all of said time was printed I in an office maintained at the aforesaid place of publication ,of said newspaper.That the annexed is a true copy of a .:~PUbli~~~1-t;~~~~1!~\~~~~;-(-;'~d-~ot -i;-s"iI-p"plement ~~r~)~~ >.. .said newspaper once each week for a period of __.9.!l-E:.__con- isecutive weeks,commencing on the .?J_t}:day of~~~~~':!-, d19§9 __, and ending on the _.29tb__day of _.J.?}!.t!.~~n9_?.?_. ":Hi:ii~~i':"iimi""~,,""m:i"i:",,,i':i'",J,m,,,,!;r"!iiim'i!!""i"!illi!':both dates inclusive,and that such newspaper was regularly..".;;~~::'I distributed to its subscribers during all. of said period.That &~I the full amount of the fee charged for the foregoing publi- ~a . DUC~:l~oinisf~Ne sum of $-??~TL-til.which amonnt has been _J'--~------~------------- :.=-~.Subscribed and sworn to before me this _~_ day of ~::~;~:~~~~:. Residing at MarySVille..