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Home My WebLink AboutO-1511 - Rezone (Special),-,".',.... .,J..,/' CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./5// AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING ~iAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772 WHEREAS Belmark Industries,Inc.owns certain real property located at 4521 80th Street N.E.,Marysville,Washington,a legal description of which is attached hereto as Exhibit A and incorpor- ated herein by this reference;AND .WHEREAS said owner filed a petition with the City Clerk seek-~n ,a rezone of said property from the single family ~esidential cl ssification to the multiple family low density classification; A D WHEREAS the City Planning Commission held a public hearing on said rezone on November 25,1986,and continued the same to Januarv 13,1987,and submitted formal findings of fact and a ,recommendation to grant the rezone;AND WHEREAS the City Council considered said recommendation at a public meeting on January 26,1987,found the rezone was in the public interest and was consistent with the comprehensive plan map; 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 above-referenced rezone application are hereby adopted by reference. Section 2.The above-described property is hereby rezoned from the single family residential classification to the multiple family low density classification,subject to terms and connitions of a rezone contract executed by the owner and recorded in the records of the Snohomish County Auditor.The official zoning map of the City of Marysville,as adopted in 1972,and Section 5.02 of Ordinance No.772,are hereby amended to reflect said reclassifi- cation. PASSED by the City Council and APPROVED by the Mayor this .~~ day of ~I"ttV ld r"H?,..I ,1987. \. APPROVED AS TO FORM: B~~ORNEY City Ordinance - 1 -~~,,~-.. , ',~ .. EXHIBIT A - That portion of the NW\of the SE\of Sec.21,Twp 30 N, Rge 5 E,W.M., Snohoffir~h County,Washington,described as follows:Beg at the SE corner of said subdivision;running TH S 89«:1 39'52"W along the subdivision 1n at distance of 491.0'.to the True Point of Beginning;TH N 1010'02"W alg the W In of the plat of Band M Garden Tracts,according to the plat recorded in volume 10 of plats,page 114,and sai.d W 1n extended,a distance of 645.85';TH S 89C,57'44"W 330';TH S 1(,10'02"E 646.36'i TH N 89 39 152"E 330'to the true..point of beginning;except portion thereof previously deeded for public road purposes (80th St.N.E.). Situate in the County of Snohomish,State of Washington. ,',' ,. Filed for record at request of: NameAddr-e-s-s-------------- City/State __ CONCOMITANT REZONE AGREEMENT THIS AGREEMENT is made and entered into this CJ 3 -zIJ day of ~,1987 by BELMARK INDUSTRIES,a Washington gene rapartne rship ,hereinafter referred to as "Owner:" WITNESSETH WHEREAS,the Owner is property located at 4521 Washington ("the Property"), as follows: the title-holder of certain real 80th Street N.E.,Marysville, 1;he same being legally described See Exhibit A attached hereto. and WHEREAS,the Owner applied to the City of Marysville for a rezone of the Property from the Single Family Residential Classification to the Multiple Family Low Density Classification,and said rezone was granted by the Marysville City Council by the passage of Ordinance #1511 on January 26 ,19~i and WHEREAS,the City of Marysville has found that said rezone is in the public interest,provided that development of the Property is planned and implemented in accordance with 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 Property; NOW,THEREFORE, THE Oh'NER HEREBY AGREES AS FOLLOWS: 1.Si te Plan Restricting Development.A si te plan has been approved by the City as part of the rezone,and said plan is incorporated herein by this reference.Copies of the same may be obtained from the files of the Compliance Officer,City Hall,514 Delta Avenue,Marysville,Washington.All develop- ment of the Property shall be in strict conformance with said plan,and this restriction shall constitute a covenant running with the land and shall be binding upon the Owner,its succes- sors and assigns.The plan may be modified or amended,upon application of the Owner,by administrative action of the City Compliance Officer;provided,that this authority shall be limited to amendments of a minor nature which cause no increase Concomitant Rezone Agreement - 1 ·.. in intensity of use,and which do not reduce performance standards or increase the detrimental impact of the zone on adjoining properties.Requests for substantial modification to the plan shall be submitted to the Planning Commission and City Council for rehearing as a new rezone application. 2.Fencing.Prior to occupancy of the Property,the Owner shall construct a solid six-foot high fence along the north,east and west property lines. 3.Landscaping.The Owner shall cause a professional landscaping plan for the Property to be prepared,and shall submit the same to the Compliance Officer for approval.Said plan shall include planting between the adj acent mobile home park and the fence line on the Property.All required land- scaping shall be planted and in heal thy condition prior to occupancy of the Property. 4.Street Improvements.Prior to occupancy of the Property,the Owner shall construct curbs,gutters and sidewalks on the north side of 80th Street N.E.for the full frontage of the Property and extending all the way to 47th Avenue N.E.In the event that the City does not own sufficient right-of-way for such improvements between the Property and 47th Avenue N.E.,the Owner hereby covenants and agrees to construct the same at such time in the future as the City acquires the necessary right-of-way.This obligation shall be a covenant running with the land and shall be binding upon the Owner,its successors and assigns. 5.Drainage.Prior to occupancy of the Property,the Owner shall construct drainage improvements specified on the drainage plan approved by the City at the time of the rezone ordinance.All storm water management on the Property shall conform to Chapter 14.16 of the Marysville Municipal Code. 6.Legal Requirements.The Owner,and its successors and assigns,shall comply with all City ordinances and regulations applicable to the development and use of the Property,and nothing herein shall be construed as superseding said ordinances and regulations. 7.Recording.This Agreement shall be filed in the records of the Snohomi sh County Audi tor for the purpose of subj ecting the Property to the restrictions,condi tions and limi tations herein set forth which are intended to 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 successors and assigns. Concomitant Rezone Agreement - 2 ·' 8.Enforcement.Any violation of this Agreement by the Owner,its successors or assigns,shall be considered a viola- tion of the Marysville Municipal Code and shall be subject to all applicable penal ties.In addition to said remedies,the Ci ty of Marysville may also elect to bring such action or actions as wi 11 accomplish the specific performance of this Agreement,and the costs of the same,including reasonable attorney fees,shall be borne by the prevailing party. 9.Construction of Agreement.Thi s Agreement is con- comitant with the action of the Marysville City Council rezon- ing the Property as specified above.Nothing herein shall be construed as being agreed to in consideration for said rezone, nor does the City relinquish its legislative power with respect to said rezone in consideration for thi s Agreement. 10.Effective Date.This Agreement shall effective concurrently with the effective date above-referenced Rezone Ordinance of the City Council Ci ty of Marysville. become of the of the IN WITNESS WHEREOF,the Owner has caused these presents to be executed on the date and year first above wri tten. BELMARK INDUSTRIES B~~~~Lt~ STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH) I hereby certify that I know or have satisfactory evidence that :BeLL'''')'hc.K'iY'l>')oV>.signed this instrument,on oath stated that he was authorized to do so,and acknowledged it as the ---=t3-e.$(&.04=of BELMARK INDUSTRIES to be the free and voluntary act of such party for the uses and purposes therein mentioned. My appointment expires 9-1-2£, Concomitant Rezone Agreement - 3 .." MAYOR---- APPROVED AS TO FO~~ By ~~-..-l.~I~6'A EY- TPLl.26 Concomitant Rezone Agreement - 4 "..' ., EXHIBIT A That portion of the NW~of the SE~of Sec.21,Twp 30 N,Rge 5 E,W.M"Snohomish County,Washington,described as follows: Beg at the SE corner of said sUbdivision;running TH S 89°39'52"W along the subdivision In at distance of 491.0'to the True Point of Beginning;TH N 1 010'02 II W alg the W In of the plat of Band M Garden Tracts,according to the plat recorded in volume 10 of plats,page 114,and said W ln extended,a distance of 645.85 I;TH S 89°57'44"W 330';TH S 1°10'02"E 646.36';TH N 89 39'52"E 330'to the true point of beginning;except portion thereof previously deeded for public road purposes (80th St.N.E.).Situate in the County of Snohomish,State of Washington. No._ Subscribed and sworn to before me this --------~~~:~~~::--~;-~:~~;~~;~~.•. ResIdIng at Marysville.#... ______lkdinanc..an,51L as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _9!1~con- STATE OF WASHINGTON, County of Snohomish, SS. secutive weeks,commencing on the _~9J:1L_day of _1e~~L_, 87 .29th April 8719 ,and ending on the day of • 19 , both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.ThatIthefullamountofthefeechargedfortheforegoingpubli- I cation is the sum of $_?9.!J_Q ,which amount has been paid in full ~IJJ~ I ------------------------------------------ I EXHIBIT A That portion of the NWlIA of the SE 1t.of ' Sec. 21,Twp 30 N, Rge 5 E,W.M., Snohomish County,Washington,described as follows:Beg at the SE corner of said subdivision;running TH S 89039'52"W along the subdivision In at dIstance of 491.0'to the True Point of Beginning;TH N 1°10'02" W alg the W In of the plat Of Band M Garden Tracts,according to the plat recorded in volume 10 of plats,page 114, and said W In extended,a dIstance of 645.85';TH 5 89057'4;1"W 330'; TH S 10JO'02"E 646.36';TH N 89039'52"E 330' to I the true point of beginning;except portion thereOf previously deeded for public road purposes (80th St.N.E.>.Situated in the. County of Snohomish,State of Washington. PUblished on Apri~29,1987. CITY OF MAR'YSVILLE Marysville,Washington ORDINANCE NO.1511 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZON- ING MAP PREVIOUSLY ADOPTED IN 0 N°W~~:~~~NB~i~:rk Industries,Inc.~FFIDAV~T tOrr ~lU[8L;CATI owns certain real property located at 4521 80th Street N.E.,Marysville,Washington, .a legal description Of which is attached ,hereto as Exhibit A and incorporated herein by this reference.AND WHEREAS said owner filed a petition with the City Clerk seeking a rezone of said property from the single family residential classification to the multiple family low density classification;AND Linda_Wep_s.tgr:..being first duly sworn WHEREAS t"'e City Planning Commis- sion held a public hearing on said rezone on November 25,1986, and continued the on oath deposes and says that.sheis the __secrntarv,_ same to January 13, 1987, and submitted of THE MARYSVILLE GLOBE,a weekly newspaper. formal findings of fact and a recommenda-That said newspaper is a legal newspaper which has been ap- tlon to grant the rezone.AND ..homi hWHEREAStheCityCouncilconsideredprovedbyorderoftheSuperiorCourtInSnoorms County said recommendation at a public meeting:June 18, 1962 in compliance with Chapter 213 of Washington I on January 26,1987,found the-rezone was:Laws of 1941,and it is now and has been for more than six in the public interest and was consistent__:months prior to the date of the publication hereinafter re- with the comprehensive plan map;NOW !ferred to published in the English language continually as a THEREFORE •kl'.M '11 S h . h C t W hTheCityConci I of the City Of Marysville;.y.ree y new~~per In ..arysv~e, no O~lS .oun y, .as • Washington do ordain as follows::ington,and It IS now and during all of said time was printed seenen 1.The findings of fact of the I in an office maintained at the aforesaid place of publication Planning Commission with respec!to the I of said newspaper.That the annexed is a true copy of aabove-referenced rezone application are . hereby adopted by reference. seenen 2. The above-described property is hereby rezoned from the single family residential ctassurcancn to the multiple family low density classification.subject to terms and conditions of a rezone coo- tract executed by the owner and recorded in the records of the Snohomish County Auditor.The Official zoning map of the ct- ty Of Marysvi lie, as adopted In J972,and Section 5.02 of Ordinance No. 772,are hereby amended to reflect said reclassification. PASSED by the City Council and Ap· PROVED by the Mayor this 26th day Of January,1987.' THE CITY OF MARYSVILLE By Norman R.Anderson MAYOR ATTEST:By Phillip E.Dexter CITY CLERK APPROVED AS TO FORM: By James H.Allendoerfer CITY ATTORNEY