HomeMy WebLinkAboutO-1723 - Approves plat; rezone; repeals Ord. 1362 (Special)'.-J
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Marysville,Washington
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MARYSVILLE APPROVING THE
PLAT/PRD OF PARKVIEW ESTATES,REPEALING ORDINANCE 1362
AND RESCINDING A REZONE CONTRACT CONCOMITANT THERETO,
REZONING THE SUBJECT PROPERTY TO THE PRD 7200 CLAS-
SIFICATION AND AMENDING THE OFFICIAL ZONING MAP
PREVIOUSLY ADOPTED IN ORDINANCE NO.772.
WHEREAS,Centex Homes Corporation (hereinafter referred to
as "Owner")owns 88 acres of property located on the north side
of the intersection of 64th Street N.E.and 53rd Avenue N.E.,
Marysville,Washington,said property being legally described in
Exhibit A attached hereto;and
WHEREAS,the Owner filed a Petition with the City seeking to
rezone said property from Single-Family Residential 7200 to PRD
7200 with a concurrent approval of a Preliminary Plat known as
Parkview Estates,under File No.PA 8901001;and
WHEREAS,the city Planning Commission held pUblic hearings
on said application on April 11,1989 and May 9,1989 and adopted
formal Findings of Fact and a recommendation that the application
be granted;and
WHEREAS,the City Council held a pUblic hearing on said
application on July 10,1989 and concurred with the Findings of
Fact and Recommendation of the Planning Commission,with some
additions and amendments;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Ordinance No.1362 adopted by the city Council
on May 29,1984 is hereby REPEALED for the reason that the same
is superseded by the instant ordinance.
Section 2.The Rezone Covenants and Agreement relating to
the sUbject property which were signed by the City of Marysville
and Hillis Homes,Inc.on July 22,1985,and recorded in the
records of the Snohomish County Auditor under File No.
8509200190,are hereby RESCINDED for the reason that the same
are superseded by the instant ordinance.
Section 3.The Findings of Fact contained in the staff
recommendation on file herein,as adopted by the Planning
commission,are hereby APPROVED and the above-described property
is hereby zoned in the PRD 7200 classification subject to the
ORDINANCE - 1
conditions stated in Section 5 below.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 said zoning
classification.
Section 4.The following variances are hereby granted from
the city's Planned Residential Development Code:
a.section 19.48.040 states that multiple-family
dwellings are limited to a maximum of 6 units per
building.A variance is hereby granted allowing
mUltiple-family buildings in this development to
have up to 8 units,the exact number of units to
be determined at the time the Binding site Plan is
submitted.The City Council finds that clustering
of units into larger buildings allows the Owner to
limit the project to the upper plateau and to
avoid construction in the Allen Creek corridor.
This preserves the environmentally sensitive
corridor and allows additional open space.
Furthermore,the footprint for an 8 unit building
is not significantly different than that for a 6
unit building.
b.section 19.48.070 requires PRD's to be designed and
developed so as to be compatible with abutting pro-
perties.They are encouraged to disperse mUlti-family
dwellings throughout the project.The Owner has not
done this for Parkview Estates.Instead,it has
clustered the multiple-family dwellings in the south-
eastern portion of the site.The City Council finds
that this is preferable in this case because it allows
for additional open space for the project as a Whole
and it provides a single-family buffer around the
perimeter of the project which results in compatibility
with adjacent neighborhoods.
c.section 19.48.030(b)limits the maximum site area of a
PRD to 40 acres.This project is 88 acres in size.
The City Council finds that this is consistent with the
intent of the PRDCode because of the large portion of
the subject property which is being dedicated to the
City as pUblic park/open space (31.1 acres),and
because the calculation of the density bonus is being
limited to only 40 acres of the PRD.
Section 5.This rezone is SUbject to strict compliance with
the following conditions:
ORDINANCE - 2
a.Plat Conditions Incorporated by Reference:All
conditions of the Preliminary Plat approval for the
Plat of Parkview Estates are incorporated herein by
this reference.
b.Binding site Plan:Before development activities
commence on any phase of the project the Owner shall
submit a Binding Site Plan with respect to said phase
which meets the requirements of section 19.48.060(b)of
the Marysville Municipal Code.The City council shall
hold an advertised pUblic hearing relating to each such
Binding site Plan before approving the same.At the
pUblic hearing the city council shall determine whether
the Plan conforms to the conditions of this rezone
ordinance,the Preliminary site Plan,and applicable
State and City laws.Upon receiving City council
approval,each Binding Site Plan shall constitute an
integral part of the Plat/PRO of Parkview Estates and
shall be binding upon the Owner of the property,its
successors and assigns.All development of the
Plat/PRO shall be consistent with the Binding site
Plan.
c.Dedications to the City:The Owner shall dedicate the
following property to the City at no cost:
1.That portion of the Allen Creek corridor con-
sisting of approximately 31.1 acreS,as designated
on the Preliminary site Plan.Said dedication
shall occur at the time of recording the first
phase of the Plat.
2.All street right-of-way within the Plat and any
and all storm water detention basins or facilities
within the Plat.Such dedication shall occur at
the time of recording each applicable phase of the
Plat.
All such dedications shall grant the City free and
clear title to the affected property and the Owner
shall warrant the City's title to the same.
d.PUblic Street Improvements/Emergency Access:
1.All internal streets,except 57th Drive N.E.,
shall be constructed in accordance with Design
Standard A with curbs,gutters and sidewalks on
both sides and street lights.Such construction
shall be completed prior to recording the final
Plat,or each applicable phase thereof.
ORDINANCE - 3
2.That portion of 57th Drive N.E.within the Plat
shall be restricted to emergency access only.It
shall be constructed to a design standard estab-
lished by a committee consisting of two residents
of Parkside Manor,a representative of the Owner,
and City staff.Said design standard shall be
sUbject to City Council approval.Pursuant to
Section 11.46.120 of the Marysville Municipal Code
it shall be unlawful for any person to drive any
motor vehicle,except an officially designated and
licensed emergency vehicle,on said portion of
57th Drive N.E.
e.Landscaping Plan:A landscaping plan shall be sub-
mitted by the Owner as part of the Binding Site Plan
referred to in section 5(b)above.Said plan shall
include a landscape buffer between the mUltiple-family
phase and the single-family phases of the Plat.
A greenbelt shall be planted along the northern
boundary of the Plat.The greenbelt shall consist of
evergreen trees with a minimum height at maturity of 20
feet.The trees shall be planted in a staggered line at
intervals to be approved by the City Parks and
Recreation Superintendent.A 30-foot-wide buffer zone,
including said greenbelt,shall be maintained along
said northern boundary line,and a restrictive covenant
prohibiting cutting shall be imposed thereon.The
Owner shall grant the city a 10-foot-wide access
easement within said 30 foot buffer zone for purposes
of allowing City crews to maintain the drainage ditch
corridor.
The Owner may rechannelize the drainage ditch along the
eastern portion of the northern boundary line in order
to allow planting of the greenbelt.Any such rechan-
nelization shall be SUbject to approval by the City
staff.
The Owner shall install at its cost all landscape
improvements for private open space and common areas,
streetscapes,and the basic front yard landscaping
improvements for the mUltiple-family dwelling units.
This may be done in phases,but shall be completed for
each phase prior to occupancy of the same.
f.Underground utilities:All utility services in the
Plat shall be underground.
g.Storm Drainage System:
shall be completed and
Works Department prior
A detailed Storm Drainage Plan
approved by the city Public
to commencement of any site
ORDINANCE - 4
development activity.
site detention pond in
drainage code.
Said Plan shall include an on-
compliance with the City's storm
h.Off-Site Street Improvements:The Owner shall fully
participate in the following off-site street
improvements:
1.LID No.63 relating to the construction of 64th
Street N.E.
2.Streetscape and winding sidewalk improvements
along the Plat's frontage on 64th Street N.E.
3.TIP 89-2 (to be hereafter adopted)relating to
traffic mitigation at the intersections of SR
528/47th Avenue N.E.and SR 528/67th Avenue N.E.
i.Building Restrictions:All dwelling units constructed
on the property shall conform to the specifications and
design criteria in the Preliminary and Binding Site
Plans and the Declaration of covenants,Conditions and
Restrictions.All single-family dwellings shall have
garages or carports.No construction or site develop-
ment on lots abutting the north property line of the
Plat shall be permitted within 25 feet of the high
water mark of the stream/drainage ditch crossing said
lots.No mUltiple-family structure shall have more
than 8 dwelling units.No structure shall be more than
2 stories in height.
j.Minimum Lot Sizes:All lots abutting the Plat of
Parks ide Manor shall have minimum lot sizes of 9,600
square feet.
k.Parks and Open Space:
1.At the time of recording the first phase of the
Plat the Owner shall dedicate to the City 31.1
acres of park/open space in the Allen Creek
corridor,as designed on the Preliminary site
Plan.Included within this parcel are approx-
imately 18 acres of wetlands and 13 acres of
uplands.
2.The Owner shall identify the location of storm
water detention facilities which will be located
within the uplands/wetlands of the dedicated open
space.
3.The Owner will provide a graded 22-space paved
parking area and bOUlevard-style entry way into
ORDINANCE - 5
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the dedicated park.Entry and parking areas are
to be located at the south end of the park
adjacent to 64th street N.E.
4.The park boundaries will be delineated along the
common boundary with abutting lots by a split rail
fence.All materials and installation costs shall
be paid by the Owner.
5.Two points of pedestrian access from the Plat into
the park will be provided.Both access points
will be 20 feet in width and constructed of
materials approved by the city Parks and
Recreation Superintendent.
6.The Owner will provide the City Parks Department
in-kind services valued at $20,000.00 relating to
professional architectural or landscaping design
work and/or grading and improvement of the
dedicated park area.
7.The Owner will provide a paved trailway which will
connect the southern boundary of the dedicated
park to the existing trailhead of Jennings Park.
The trail is to be of adequate width to accom-
modate maintenance vehicles (approximately 8 feet
in width)•
8.The Owner will pay the city $50,000.00 cash for
use in the development of the dedicated park area.
Payment shall be made at the time of the park
dedication.within 2 years of receiving said
funds,the City will use the same for park
development,including landscaping and con-
struction of play areas.
All of the foregoing requirements relating to parks and
open space shall be satisfied and fulfilled in accord-
ance with a schedule mutually agreed upon between the
Owner and the Parks and Recreation Superintendent.
1.Declaration of Covenants:The Owner shall obtain the
approval of the City Attorney on a Declaration of
Covenants,Conditions and Restrictions which will be
imposed upon the property prior to the sale of the
first lot or ownership interest in the same.Said
Declaration shall include provisions for maintenance of
open space,landscaping and common areas and
facilities,if any.
m.Duration of Aooroval:The approval of the Plat of
Parkview Estates and the PRD rezone are inseparably
ORDINANCE - 6
appurtenant to one another.If the Plat,or any phase
thereof,expires or terminates because it is not
recorded or completed within the time required by law,
the PRD zoning classification shall simultaneously
expire and terminate for the affected property and
said property shall revert to the Single-Family
Residential 7200 classification.
PASSED by the City council and APPROVED by the Mayor this
Ii ¥.day of S'-e.o"'f:zenh-er,1989.
I
CITY OF MARYSVILLE
Attest:
ByCJ);~~RK
Approved as to form:
BYry~.:tt bar?IT OJ
CITY AT~
Date of Publication:
Effective Date (5 days after pUblication):
ORDINANCE - 7
9-18-8'1
1~_
LE:G~L DE.SC.RI PTION
THE N 1/2 OF THE SW 1/f,OF SECTION 27,'TOWNsHIP 30 NORTH,RANGE 5
BAST,W.H.,Atm ALL THAT PORTION OF THE SE 1/4 OF THE RW 1/4 OF
SAID SECTION 27 LYING SOUTH OF THE PLAT OF PARKSIDE HANOR,AS PER
PLAT RECORDBD IN VOLUME 24 OF PLATS,PAGB 110,RBCORDS OF SNOHOMISH
COUHTY,WASHINGTON;
hCEPT THE FOLLOWING DBSCRIBED TRACTS:BEGINNING AT THE NORTHWEST
CORHBR OF THE N 1/2 OF THE SW 1/f,OF SAID SBCTION 27;THENCE
Sl"04'07".B ALONG THE WEST LIRE OF SAID SUBDIVISION 'FOR 272.08 FBiT;
THBNCB N76°29'57"EFOR 202.95 FBBT;THBHCE N30021'58"E FOR 164.18
FBBT,MORE OR LESS,'1'0 THE NORTH LINE OF SAID N 1/2 OF '1'HB SW 1 If,;
'1'HBKCE NSgo27 , 51"W ALONG THE NORTH LID THEREOF FOR 286.13 FBB'l''1'0
'1'HB POINT OF BEGINNING;..
MP EXCEPT THE BAST 114 FEiT OF '1'HB SOUTH 220 FEBT OF THE W 1/2 OF
'1'HBW 1/2 OF '1'HB HE 1/4 OF THE SW 1/4 OF SAID SBCTION 27;
MUi ROADS.
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