HomeMy WebLinkAboutO-1704 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING THE
KINGSWOOD PROPERTY AND AMENDING THE OFFICIAL ZONING
MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
WHEREAS,the KINGSWOOD CORPORATION (hereinafter referred to
as "Owner")owns 6.88 acres of property located at the southwest
quadrant of the intersection of 64th Street N.E.and 67th Avenue
N.E.,said property being legally described as follows:
The east 500 feet of the north 440 feet of
the southeast quarter of the southeast
quarter of section 27,Township 30,Range 5
east W.M.,Snohomish County,Washington;less
roads and also less the west 10 feet of the
east 30 feet for additional road right-of-way
to Snohomish County per Quit Claim Deed
recorded in Volume 1618,page 586,Auditor's
File No.7910250198;less any portion lying
in Hickock Road;situated in the County of
Snohomish,State of Washington.
WHEREAS,the Owner filed a Petition with the city seeking a
rezone of said property from the Low Density Multiple Family
Residential classification to the High Density MUltiple Family
Residential classification under File No.PA 89010004;and
WHEREAS,the city Planning Commission held a pUblic hearing
on said rezone on March 28,1989 and adopted formal findings of
fact and a recommendation that said rezone request be denied;and
WHEREAS the city Council held public hearings on said rezone
on May 22,1989 and June 5,1989 and concurred with the Minority
Report of the Planning Commission which favored granting said
rezone at a reduced density;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
section 1.The Minority Report of the Planning Commission
with respect to the above-referenced rezone application,
including the findings of fact therein,are hereby approved and
the above-described property is hereby rezoned from the Low
ORDINANCE - 1
ByQj"
Density MUltiple Family Residential classification to the Medium
Density MUltiple Family Residential classification.
section 2.This rezone is subject to the terms and
conditions of a Concomitant Rezone Agreement which the Owner
shall sign within 30 days of the date of this Ordinance.
section 3.The official Zoning Map of the City of
Marysville as adopted in 1972 in section 5.02 of Ordinance No.
772 is hereby amended to reflect the reclassification of the
above-described property.
~ASSED by the City Council and APPROVED by the Mayor this
c;)....b day of ~l(n~I 1989.
CITY OF MARYSVILLE
MAYOR
Attest:
B~¥~ERK
Approved as to form:
u 1;6"Ue-e.e
.b CITY
Date of Publication:
Effective Date (5 days after pUblication):
ORDINANCE - 2
Filed for record at request of:
City of Marysville
514 Delta
Marysville,WA 98270
CONCOMITANT REZONE AGREEMENT
This Agreement is made and entered into this
,I"1 Y ,1989 by ,""jiw;T.<WI'l'HER$·'<"""""
referred to as "Owner":
WITNESSETH:
17th day of
,hereinafter
WHEREAS,the Owner is the title-holder of 6.88 acres of real
property located in the southwest quadrant of the intersection of
64th street N.E.(SR 528)and 67th Avenue N.E.,Marysville,
Washington ("the Property"),the same being legally described as
follows:
The east 500 feet of the north 440 feet of
the southeast quarter of the southeast
quarter of section 27,Township 30,Range 5
east W.M.,Snohomish county,Washington;less
roads and also less the west 10 feet of the
east 30 feet for additional road right-of-way
to Snohomish County per Quit Claim Deed
recorded in Volume 1618,page 586,Auditor's
File No.7910250198;less any portion lying
in Hickock Road;situated in 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 Low Density MUltiple Family
Residential Classification to the Medium Density Multiple Family
Residential Classification,under File #PA 8901004,and said
rezone was granted by the Marysville City Council by the passage
of Ordinance #/7 0 1{-on June 26,1989;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
concomitant Rezone Agreement - 1
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 Planning Department,Marysville
City Hall,514 Delta,Marysville,Washington.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 Planning Director;
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.Density Limitation.The property shall be developed
with a maximum of l26 dwelling units.
3.Access Points.The Property shall have access onto
64th street N.E.(SR 528)subject to an access permit being
issued by the Washington state Department of Transportation.
Said access shall,to the extent possible,be aligned with the
access of Suncrest Terrace on the north side of 64th Street N.E.
The Property shall also have access onto 67th Avenue N.E.at a
location to be approved by the Marysville Department of Public
Works.
4.Landscape Plan.Prior to any development activity on
the Property,the Owner shall submit a detailed landscaping plan
for approval by the City Planning Department.Said plan shall
include winding sidewalks and a berm along the south side of 64th
Street N.E.
5.Fencing.Prior to occupancy of the Property,a sight-
obscuring fence shall be constructed for the full width of the
south boundary line.
6.Parks Contribution.Prior to issuance of any building
permits for the Property,the Owner shall contribute $5,000.00 to
the City Parks Department for use in the development of Hickock
Park.The Parks Department shall spend said funds for such
purposes within five years of the date of contribution.
7.Traffic Mitigation.The Owner shall fully comply with
TIP 89-2 (to be hereafter adopted)relating to the installation
of traffic lights at the intersections of SR 528j47th Avenue and
SR 528j67th Avenue.Further,the Owner shall fully participate
in LID No.63 for the improvement of 64th Avenue N.E.
Concomitant Rezone Agreement - 2
8.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.
9.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.
10.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.
11.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.
12.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.
IN WITNESS WHEREOF,the Owner has caused these presents to
be executed on the date and year first above written.
Concomitant Rezone Agreement - 3
STATE OF
COUNTY OF
)
ss.
)
I hereb~.certifY that I know or have satisfactory evidence
that N;T:gljTHr.rI.L signed this instrument,on oath stated
that he was authorized to do so,and acknowledged it as the
of to be the free
and voluntary act of such party for the uses and purposes therein
mentioned.
DATED this l7?!!-day of :SvL'1 ,1989.
~~.
NOTARY PUBLIC in and for the
State of Wyshington,residing
at 7~t,J
My commission expires:6jf.1r18'''f
CITY OF MARYSVILLE
iJ~~YOR
Attest:
Approved as to form:
By (j?
Concomitant Rezone Agreement - 4