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Home My WebLink AboutO-1554 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I 551 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,JOHN W.SIMS (hereinafter referred to as "Owner"), owns the following-described property located at 1052 Cedar Avenue,Marysville,Washington: The South 60 feet of Lot 6,Block 3,Edward Steele's Second Addition to Marysville according to the plat thereof recorded in Volume 5 of Plats,page 12,records of the Auditor of 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 Single Family Residen- tial classification to the Community Business classification;and WHEREAS,the City Planning Commission held a public hearings on said rezone on June 9,1987 and July 14,1987,and submitted formal Findings of Fact and a recommendation to grant the rezone; and WHEREAS,the City Council held a public meeting on said rezone on July 27,1987,and finds that the rezone is in the public interest and is 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,and the above-described property is hereby rezoned from the Single Family Residential classification to the Community Business classification. Section 2.The Official Zoning Map of the City of Marys- ville,Washington,as adopted in 1972,and Section 5.02 of Ordinance No.772,are hereby amended to reflect the reclas- sification of the above-described property. Section 3.This ordinance,and the rezone of the subject property which is implemented hereby,are conditioned upon strict Ordinance - 1 ........:-, A"... compliance by the Owner,his heirs,successors and assigns,with the following requirements: a.No structure shall be built within five (5)feet of the northern boundary line. b.Prior to occupancy by any business,a site-obscur- ing fence shall be constructed for the full length of the northern boundary line. c.Prior to occupancy by any business,a 20-foot-wide landscaping strip shall be planted along the full length of the west boundary line. d.Prior to occupancy by any business,the existing house shall be removed from the property. e.Except as modified herein,the site plan presented to the Planning Commission on July 14,1987 is approved and all development of the property shall be in conformity thereto. f.This rezone is contingent upon the owner signing a concomitant rezone agreement which is binding on the Owner, his heirs,successors and assigns. PASSED b~lthe City Council and APPROVED by the Mayor this IIJ°t/..day of J-+W<3-usr:1987., THE CITY OF MARYSVILLE Attest: MAYOR By ~~CITY CLERK Approved as to Form: BYcj'"-"-~e~RNEY Ordinance -2 Publi shed:,.it j ..------------ Effective Date:--------- (.,..,~ \-," '... Filed for record at request of: 514 Delta Avenue City of Marysville Address._-",-~~.....J..g.....cuc..s;;~&.lOi.._ WITNESSETH: City/State MahYsyille,WA 98270 CONCOMITANT REZONE AGREEMENT '"I't..~eement is made and entered into this 10 day of ~~~~~~~~__,1987 by JOHN W.SIMS,hereinafter referred to as "Owner": DePUtY WHEREAS,the Owner is the title-holder of certain real property located at 1052 Cedar Avenue,Marysville,Washington ("the Property"),the same being legally described as follows: The South 60 feet of Lot 6,Block 3,Edward Steele's Second Addition to Marysville according to the plat thereof recorded in Volume 5 of Plats,page 12,records of the Auditor of the County of Snohomish,State of Washington . .-and WHEREAS,the Owner applied to the City of Marysville for a rezone of the Property from the Single Family Residential classification to the Community Business classification,and said rezone was granted by the Marysville City Council by the passage of Ordinance #1554 on August 3,1987;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.A site 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,Marysville,Washington.All development of the Property shall be in strict conformance with said plan,and this restric- tion shall constitute a covenant running with the land and shall be binding upon the Owner,its successors and assigns.The plan Concomitant Rezone Agreement - 1 VOL.2080PAGE2906 I •,. ." 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 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.No structure shall be built within five (5)feet of the northern boundary line. 3.Prior to occupancy of any business on the property,a site-obscuring fence shall be constructed for the full length of the northern boundary line. 4.Prior to occupancy of any business on the property,a 20-foot-wide landscaping strip shall be planted along the full length of the west boundary line. 5,Prior to occupancy of any business on the property,the existing house located on said property shall be removed. 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 .~rtd regulations. 7.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. 8.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. 9.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, Concomitant Rezone Agreement - 2 VOL.208(bPAGE2907 ·....,".',. nor does the City relinquish its legislative power with respect to said rezone in consideration for this Agreement. 10.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. toINWITNESSWHEREOF,the Owner has be executed on the date and year fi st STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH )A L. M _~ta.;o..:I 1./.0 fbi.u , I hereby certify that I know or have satisfactory evidence tha;t_,JOHN W.SIMS signed this instrument and acknowledged it to beT~free and voluntary act for the uses and purposes therein mentioned. NOTARY PUBLIC in and for the State of wash~ngton,residing at Ita'"'I.e so t'...../",-:.., My commisss Lon expires:///3Ii/rrr 7 FORM: O'CI~Y DATED this Id -f'!!-day of APPROVED AS TO BY~ concomitant Rezone Agreement - 3 VOL.2080PA6E2908 AFF"IDAV~T Olf ~lJJlBlJCATICN ;;. STATE OF WASHINGTON, ...~:o~~ty _of S!,oh~!J1J~~,__..-:_ CITY OF MARYSVIl,:'LE Marysville,.~ashington 'ORDI,NANCE NO.1554' AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PRO· PERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLYA'DOPTED IN ORDIANCE NO.772.',.., -WHEREAS,JOHN W ..SIMS (hereinafter referred,to'as"OWner"),owns the following· described property located at 1052 Cedar'Avenue;Marysville,Washington. The South 60 feet of lot 6,Block 3;Edward ..Steele's Second Addition to Marysville ac- cording to the plat thereof recorded in VOlume 5.of Plats,page 12,records of the AUditor Of the Coul'lty Of'Snohomish,State of Wa'shlngton.', WHEREAS,said Owner filed a petltion,With the City Clerk seeking a rezone of said pro- perty from the Single FamllyR'esidentlal classification to the Community Business clas$iflcation;and ".," ,WHEREAS,the City 'Planning Commission held a public hearings on said rezone on ,June9,1987 and july 14,1987,and slibmltted formal.FlndingsOf Fact and a recommenda- tion to grant the rezone,and',' WHERE'AS,the City Council held a public meeting on said rezone on July 27,1987,and finds that the rezenels in the public Interest and is consistent with the Comprehensive Plan;NOW,THEREFORF.,'..', THE CITY COUNCIL OF THE CITY,OF MARYSVILLE,WASHINGTON,DO OR- DAIN AS FOLLOWS:':"' Section 1.The·Flndlngs of Fact of the Planning Commission with respect to the above- referenced rezoneapplicatlon are hereby adopted,and the above-described property is hereby rezoned from the Single Family Resldentlal'classflcation to the Community .austness classification.'- ,Section 2.The Offldal Zonili,9 Mapof the City of Marysville,Washington,as adopted in 1972,and Section 5:02 of Ordinance'No"772.,are hereby amended to reflect the reclassi,ficationOf the above-described property.:,0 Section 3.This ordinance,and the rezone of the subject property which 'is implemented hereby,are condltifjlned upon strict compliance by the Owner,his heirs,successors and assigns,with the follOwing requirements:'" a. NO structure shall be built Within five'(5)feet of the northern boundary line. b.Prior to occupancy by any business,a site-obscuring fence shall be constructed for the full length of the northern boundary line.' , " , c.Prior to occupancy by any business,a 20·foot-widelandscaping strip shall be planted along the full length of the'west boundary line.' d.PriOr to occupancy by any business,the existing neosesneu be removed from the property.',.,, e.Except 'as modified herein,the site plan presented to the Planning cornrntsston on July 14.1987 is approved and all development of the property shall 'be in conform ity thereto.' f,This rezone is,contingent upon the owner signing a concomitant rezone agreement which is binding on the Owner,his heirs,successors and assigns. 'PASSED byJheClty Council and APPROVED by the Mayor this 10th day of August, 1987:. ,.' THE CITY OF MARYSVILLE,.'.. , . '-',,By slNormanAnderson,-Mayor ATTEST:By s/Phlllip.'E.Dexter,City Clerk " " APPROVED AS TO FORM:By s/James H.Allendoerfer,City Attorney PubliShed:.seeternber 9,.1987.'-' No._ ~first duly sworn (!'..~,._---~kl"/-rietspaper. -hich has been ap- :inohomish CountynsofWashington for more than six on hereinafter re- te continually as a sh County,Wash- 1 time was printed lace of publication true cOPY'of a _______as it was pplement form)of d of _~__ con- ,_daYOf~?v '~M9-naperwasregularly f said period.That ie foregoing publi- h amount has been I ~,«sr. a.~........_.. flte 01 Washington, ,sville• AF"F"IDAV~T OF PUJBlJCATION Noo _ STATE OF WASHINGTON, .County of Snohomish, ~~_______'(0 I being first duly sworn on oath deposes and says thatsheis the_~.4!'!!.~_ of THE MARYSVILLE GLOBE, a ~~~k}y:---ne'spapero 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 ____j)L~c.!:_:!__~_Ls:S_<.j---as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _P.J1!!__con- secutive weeks,commencing on the _fJ.":day of ~~ 19_ft,and ending on the __1_r:-..__day of~1t?19_n 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 $~_~7:.Yf2 .which amount has been paid in full ~jJ ..~!O~.,------------------------------------------