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HomeMy WebLinkAboutO-1541 - Rezone (Special),..,.'"'" CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./5'1/ 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,Lewis W.Acuff and Phyllis Rae Ac~ff own certain real property located at 4413 76th St.N.E.,Marysville, Washington,the legal description of which is attached hereto and incorporated herein by this reference;and WHEREAS,said owners filed a petition with the City Clerk seeking a rezone of said property from the Industrial Classifica- tion to the Community Business Classification;and WHEREAS,the City Planning Commission held public hearings on said rezone on April 14,and April 28,1987 and submitted fromal findings of fact and a recommendation to deny said rezone; and WHEREAS,the City Council held a public hearing on said rezone on June 1,1987 and found that the rezone was in the public interest and was 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 above-referenced rezone application are hereby adopted by reference;PROVIDED,that the same shall be amended to state that the requested rezone is in the public interest if the property is developed in compliance with the terms of a rezone contract. Section 2.The above-described property is hereby rezoned from the Industrial Classification to the Community Business Classification,subject to the terms and conditions of a rezone contract executed by the owners 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 772,are hereby amended to reflect said reclassifica- tion. Ordinance - 1 ~PASSED by the City Council and APPROVED by the Mayor this ~day of ;;r UI/V cs.,1987. ATTEST: APPROVED AS TO FORM: BYI2J:.-~a "h~=CITY A~RNEY Ordinance - 2 MAYOR .....'-' Sec 21 Twp 30 Rge 05,RT-205C S 175'of E 90'of FOL Desc Beg.SW Cor SEt TH E ALG S Ln 264'MIL to TPB TH N 866.25'MIL TH E 247.5'TH S 866.25'MIL to S Ln Sec TH W &Sec 21 Twp 30.Rge 05 RT-205B N 175'of S 350'of E 90'of Fol TR Beg SW Cor SEt SD Sub TH E alg S Ln 264.5' MIL to TPB TH N 866.25'MIL TH E 247.5'MIL TH S 866.25' ~...• CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I~~/ 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,Lewis W.Acuff and Phyllis Rae Acuff own certain real property located at 4413 76th St.N.E.,Marysville, Washington,the legal descriPtion of which is attached hereto and incorporated herein by this reference;and WHEREAS,said owners filed a petition with the City Clerk seeking a rezone of said property from the Industrial Classifica- tion to the Community Business Classification;and WHEREAS,the City Planning Commission held public hearings on said rezone on April 14,and April 28,1987 and submitted fromal findings of fact and a recommendation to deny said rezone; and WHEREAS,the City Council held a public hearing on said rezone on June 1,1987 and found that the rezone was in the public interest and was 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 above-referenced rezone application are hereby adopted by reference;PROVIDED,that the same shall be amended to state that the requested rezone is in the pUblic interest if the property is developed in compliance with the terms of a rezone contract. Section 2.The above-described property is hereby rezoned from the Industrial Classification to the Community Business Classification,subject to the terms and conditions of a rezone contract executed by the owners 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 772,are hereby amended to reflect said reclassifica- tion. Ordinance - 1 ". L .,;..-...;-0 " rt PASSED by the City council and APPROVED by the Mayor this().'r:!,.~day of ;J'-'V /\J s:.,1987. CITY - ATTEST: APPROVED AS TO FORM: BY\j'-~~~~~CITY A~RNEY Ordinance - 2 MAYOR .. ......\.._1 Sec 21 Twp 30 Rge OS,RT-205C S 175'of E 90'of FOL Desc Beg.SW Cor SE~TH E ALG S Ln 264'MIL to TPB TH N 866.25'MIL TH E 247.5'TH S 866.25'MIL to S Ln Sec TH W &Sec 21 Twp 30Rge 05 RT-205B N 175'of 5 350'of E 90'of Fol TR Beg SW Cor SE~SD Sub TH E alg S Ln 264.5' MIL to TPB TH N 866.25'MIL TH E 247.5'MIL TH S 866.25' Filed for record at request of: Name CITY OF MARYSVILLE Address 514 DELTA AVENUE City/State MARYSVILLE,WA 98270 COMPLIANCE OFFICER CONCOMITANT REZONE AGREEMENT ..,; This Agreement is made and entered into this ;:->I .',day of-,,'U:L~.:,1.''/,1988 by LEWIS W.ACUFF and PHYLLIS RAE ACUFF, hereinifter referred to as "Owner": WITNESSETH: WHEREAS,the Owner is the title-holder of certain real property located at 4413 76th St.N.E.,Marysville,Washington (tithe Property"),the same being legally described as follows: See legal description attached hereto and WHEREAS,the Owner applied to the City of Marysville fora rezone of the Property from the Industrial Classification to the Community Business Classification,and said rezone was granted by the City of Marysville Ordinance No.1541 on June 8 , 1987;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 OWNER HEREBY AGREES AS FOLLOWS: 1.site Plan Restricting Development.Prior to the grading,clearing or development of the sUbject property,or the issu~nce of any building permits for the same,a site plan shall be submitted by the OWner for the approval by the City Council. All development 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 successors 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 xo amendments of a minor nature which cause no increase in intensity of use,and which do not reduce performance stan- dards or increase the detrimental impact of the zone on adjoining Concomitant Rezone Agreement - 1 -.. 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.Features of Site Plan.The site plan referred to above shall include,at a minimum,the following features:a land- scaping plan,a plan for buffering the property from adjacent properties,proposed locations of all buildings,proposed profile and exterior-architectural treatment of all buildings,and a parking plan which dedicates not less than 10%of the parking area to landscaping. 3.Dedication of Right-of-Way.Within thirty (30)days of the date of this contract the Owner shall dedicate to the City, at no cost,ten feet (10')of additional public right-of-way for the full abutting frontage of the Property along 76th St.N.E. 4.Legal Reguirements.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. 5.Recording.This Agreement shall be filed in the records of the Snohomish County Auditor for the purpose of subjecting the Property to the restrictions,conditions and limitations 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. 6.Enforcement.Any violation of this Agreement by the Owner,its successors or assigns,shall be considered a violation of the Marysville Municipal Code and shall be subject to all applicable penalties.In addition to said remedies,the City of Marysville may also elect to bring such action or actions as will accomplish the specific performance of this Agreement,and the costs of the same,including reasonable attorney fees,shall be borne by the non-prevailing party. 7.Construction of Agreement.This Agreement is con- comitant with the action of the Marysville City Council rezoning the Property as specified below.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 this Agreement. 8.Effective Date.This Agreement shall become effective concurrently with the effective date of the above-referenced Rezone Ordinance of the City Council of the City of Marysville. Concomitant Rezone Agreement - 2 ...... IN WITNESS WHEREOF,the OWner has caused these presents to be executed on the date and year first above written. PHYLLIS RAE ACUFF /' "-~',.//[fI«-~,','.. STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) I hereby certify that I know or have satisfactory evidence that LEWIS W.ACUFF and PHYLLIS RAE ACUFF signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned." DATED this ~day of NOTARY PUBLIC in and for the State qf Washing on,residing at ;_L-Ol- My conunis ion expires:iiI <[,II:'?v , MAYOR ACCEPTED BY THE CITY OF MARYSVILLE: //\~~>:&r~~ '-~7 APPROVED AS TO FORM: B~~{k.~CITY A RNEY Concomitant Rezone Agreement - 3 -~...• Sec 21 Twp 30 Rge 05,RT-205C S 175'of E 90'of FOL Oesc Beg.SW Cor SEt TH E ALG S Ln 264'MIL to TPB TH N 866.25'MIL TH E 247.5"TH S 866.25'MIL to S Ln Sec TH W &Sec 21 Twp 30 Rge OS RT-205B N 175'of S 350'of E 90'of Fol TR Beg SW Cor SEt SO Sub TH E alg S Ln 264.5' MIL to TPB TH N 866.25'MIL TH E 247.5'MIL TH S 866.25' ~. I ,j ',- , ~ 1, ••,fI.' A~FIDAV~T OlF !PJ[jJBL~CATICN STATE OF WASHINGTON, . .----·.sh, CITY OF MARYSVILLE Marysvi lie,Washington ORIDNANCE NO.1541 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CER·,,being first duly sworn TAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO. 772 '8 that sheis the secretary WHEREAS,Lewis W.Acuff and Phyllis Rae Acuff own certain real LE GLOBE,a -;eekly--news'papel~ property located at 4413 76th St.N.E.,Marysville,Washington,the legal a legal newspaper which has been ap- description of which is following hereto and incorporated herein by this •Superior Court in Snohomish County reference;and .C WHEREAS,said owners filed a petition with the City Clerk seeking a ranee with hapter 213 of Washington rezone of said property from the Industrial Classification to the corn-I now and has been for more than six munity Business Classification;and ate of the publication hereinafter re- WHEREAS,the City Planning Commission held public hearings on said the English language continually as a rezone on Apri I 14,and April 28,1987 and submitted formal findings Of fact and a recommendation to deny said rezone;and ~arysville,Snohomish County,Wash- WHEREAS,the City Council held a public hearing on said rezone on nd during all of said time was printed June 1, 1987and found that the rezone was in the public interest and was l at the aforesaid place of publication consistent with the Comprehensive Plan;NOW,THEREFORE,t the annexed is a true copy.of aTHECITYCOUNCILOFTHECITYOFMARYSVILLE,.7 WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The findings of fact of the Planning Commission with respect •#1541 it to tne above-referenced rezone application are hereby adopted by .-.:.----------------------as 1 was reference;PROVIDED,that the same shall be amended to state that the ues (and not in supplement form)of requested rezone is in the public interest if the propertv is developed in compl lance with the terms of a rezone contract.ih week for a period of Q.l!~__con- Section 2. The above-described property is hereby rezoned from the In- dustria Classification to the Community business Classification,subject to the terms and conditions of a rezone contract executed by the owners cing on the _JJ_~~__day of _!:_b_r_~c:~y 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 he 1_7_t_h_day of __F_e_b_r__u_a,ry,9_8_8__, of Ordinance 772,are hereby amended to reflect said rectassntcetton,Ii Sec 21 Twp 30 Rge 05, RT-205C S 175'of E 90' of FOL Desc 'Beg. SW Cor ~that su~h newspaper was regularly 5E 1/4 TH E ALG S Ln 264'MIL to TPB TH N 866.25'MIL TH E 247.5' TH S ribers during all of said period.That 866.25'Mil to S Ln Sec TH W &Sec 21 Twp 30 Rge 05 RT-205B N 175'Of S fee charged for the foregoing publi- 350'Of E 90'of Fol TR Beg SW Cor SEl/4 SO Sub TH E alg S Ln 264.5'MIL to TPB TH N 866.25'MIL TH E 247.5'MIL TH S 866,25' PASSED by the City Council and APPROVED by the Mayor this 8th .B.4.QQ whi h t h bdayofJune,1987....-----,ic arnoun as een .rItv tudm-A'"--------------------------------:-- CITY OF MARYSVILLE By Rita Matheny,Mayor Attest:By Phillip E.Dexter,·City Clerk Approved as to Form:By James H.Allendoerfer,City Attorney Published:Feb.17,1988 . U""'''''-IIU't''1 liJlU sworn to before me this ------(~-~~--------.19~. Notary Publ',In and t~hln'lon Resldlng at Marysvllle, ..' AFF"I DAvrr n F [pJ [U BlJ CATI CI N STATE OF WASHINGTON. County of Snohomish, 5S. N s»0._ -----_~i_~~~_~~~_s_t_e:r..being first duly sworn h d . d th t h . th secretaryon oat eposes an says a s elS e_ oo __••••_..._ 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 -----------9.LdJ_llC!r.!~~_ffJ_5_L:~as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of Q.I}~__con- secutive weeks.commencing on the _.:l~t:.~__day of _~:_b_r_~~;y 88 .17th February 8819 , 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.That the full amount of the fee charged for the foregoing publi- cation is the sum of ~L..8.4....QQ •which amount has been paid in fUll.J}.. etu~)()J~------------------------------------------ Subscribed and sworn to before me this -----j~-~~--------.19~ Not""Publle In and l~hln.ton. Re~lding at Marysville.