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HomeMy WebLinkAboutO-1878 - Rezone (Special)'.'1" CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE N0,1!??R: AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING PROPERTY OWNED BY DENNIS EDWARDS,AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Dennis Edwards owns .71 acres of property located approximately 1200 feet south of Grove street,east of Cedar Avenue,north of the alignment of 10th street,west of Burlington Northern Railroad right-of-way,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Dennis Edwards applied to the city for a rezone from R-7200 to RMH (high density mUltiple residential)with a binding site plan for construction of an 18-unit,three-story building under PA 9104020j and WHEREAS,the city Hearing Examiner held a public hearing on said rezone and binding site plan on November 21,1991 and adopted findings of fact,conclusions and a recommendation denying the request for RMH and the request for a binding site plan as SUbmitted,but recommended approval of a rezone to RMM (medium density multiple family)SUbject to nine conditions;and WHEREAS,an appeal to the decision of the Hearing Examiner was filed on December 17,1991 by the applicant's representative, and a pUblic hearing before the City Council was scheduled for January 27,1992;and WHEREAS,the Marysville City Council held a pUblic hearing on the appeal of the applicant on January 27,1992 and concurred in part and disagreed in part with the findings of fact, conclusions and recommendations of the Hearing Examiner and,as such,modified the decision of the Hearing Examiner;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.Findings of Fact I(A)through I(D)of thke Hearing Examiner are hereby adopted as the findings of the City council.Conclusion II(A)of the Hearing Examiner is hereby adopted as a portion of the city Council's conclusions. Conclusion II(C),(D)and (E)are adopted as a portion of the conclusions of the City Council,but SUbject to the requirement that the concerns set forth therein shall be addressed in a ORDINANCE - 1 binding site plan which shall be subject to further review and approval by the City staff and city council.Conclusion II(G)of the Hearing Examiner is adopted in its entirety as a portion of the city council's conclusions. section 2.The recommendation of the Hearing Examiner as set forth in paragraph III of his decision is hereby modified to approve the request for RMH (high density multiple residential), and therefore,the above-described property is hereby rezoned from R-7200 to RMH. section 3.The official Zoning Map of the City of Marysville as adopted in section 5.02 of Ordinance No.772 is hereby amended to reflect the reclassification of the above- described property. section 4.The rezone for the above-described property shall be strictly conditioned upon approval of a binding site plan by the City Staff and city council and compliance with each of the nine conditions set forth in the Hearing Examiner's decision.Violation of any of the conditions of said decision may result in reversion of the property to the previous zoning classification and/or may result in enforcement action being brought by the city. LJPASSED by the City council and APPROVED by the Mayor this 10~day of February,1992. ; CITY OF MARYSVILLE By a/&L4it Approved as to form: By j)~c.lA/»-iJ City Attorney Mayor Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 2 EXHIBIT A ORDINANCE NO.1878 LEGAL DESCRIPTION: The North Half of Lot 1 and South Half of Lot 2,Block 3, Edward Steeles Second Addition to Marysville,As Per Plat Recorded in volume 5 of Plats,Page 12,Records of Snohomish County,Washington. Situated in the County of Snohomish,State of Washington.