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Home My WebLink AboutO-1892 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.('!{2. AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING PROPERTY OWNED BY THOMAS AND NORMA LING,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,AND APPROVING THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN FOR THE SUBDIVISION OF SERENITY PARK. WHEREAS,Thomas and Norma Ling own 21 acres located south of 84th Street N.E.immediately east of Cedarcrest Golf Course,said property being legally described in Exhibit A attached hereto; and WHEREAS,Thomas and Norma Ling applied to the City for a rezone from Rural Conservation 2.3 Acres to PRD-12500,for preliminary plat approval,and approval of a preliminary site plan under File No. PA 9111049;and WHEREAS,the city Hearing Examiner held a public hearing on said rezone,preliminary plat and preliminary site plan on March 26,1992,and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone,preliminary plat and preliminary site plan of Thomas and Norma Ling,SUbject to 21 conditions;and WHEREAS,the City Council held a public meeting on said rezone,preliminary plat and preliminary site plan on May 4,1992 and scheduled the matter for pUblic hearing to consider modification to conditions of the Hearing Examiner;and WHEREAS,on May 26,1992 the Marysville City Council held a pUblic hearing and accepted testimony concerning revisions to Conditions 4,16 and 18 of the Hearing Examiner and modifications/clarifications to Conditions 2 and 14 of the Hearing Examiner,and otherwise concurred with the Findings of Fact,Conclusions and Recommendation of the Hearing Examiner; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.The Findings of Fact,Conclusions and Recommendation of the Hearing Examiner with respect to the above- referenced rezone,preliminary plat and preliminary site plan application are hereby approved and the above-described property is hereby rezoned from Rural Conservation 2.3 Acres to PRD-12500, ORDINANCE - 1 Imsvl/l ing.ord subject to the following amendments of the conditions imposed by the Hearing Examiner: a.Condition 4 of the Hearing Examiner is hereby amended to read as follows:"The applicant will make payment of $200 per lot for mitigation for parks and recreation impacts in accordance with the letter submitted by the applicant's representative,dated March 11,1992 (Exhibit 33). b.Condition 16 of the Hearing Examiner is hereby amended to read as follows:"The private road serving Lots 1-6 and Open Space Tracts 101, 102,and 103 shall be maintained pursuant to section 19.48.180 MMC." c.Condition 18 of the Hearing Examiner is hereby amended to read as follows:"All mitigation payments shall be made prior to final plat approval,with verification submitted to the Planning Department.However,school mitigation fees may be paid on a lot-by-Iot basis at any time prior to the issuance of a building permit." d.Condition 2 of the Hearing Examiner is hereby clarified to place the applicant on notice that frontage improvements may extend beyond the actual frontage of the property per standard engineering practices. e.Condition 14 of the Hearing Examiner shall be amended to require that the wetland areas be permanently fenced with a two-rail wooden fence in a form acceptable to the city. section 2.The zoning classification for the above- .described property shall be perpetually conditioned upon strict compliance with each of the conditions set forth in the Recommendation of the Hearing Examiner and as amended in section 1 above.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. 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.This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior Court of Snohomish County by writ of Certiorari,writ of Prohibition, or writ of Mandamus within fifteen (15)calendar days after the passage of this ordinance. ORDINANCE - 2 Imsvl/l ing.ord ~PASSED by the City Council and APPROVED by the Mayor this I day of =-.-l:Y.n e '1992. CITY OF MARYSVILLE By {)aW/~ ATTEST: >Y~~CIT CLERK Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 3 Imsvl/l ing.ord MAYOR LEGALDESCRlPTlON FOR SERENITY PARK Commendng at a concrete monument at the center ct Section 23,Township 30 North,Range 5 East,W.M.; thence North 0"00'4r East along the center line of said Section for 163.31 feet to a point on the South line 01 tho Gotcholl Road,said point being distant20.00 feet South of the center-line of the right-of-way of said road;thence South88°32'29"Wfffrt along said South line 725.42 feetto a point 1foot,moreor less,eastof an existing chain link fence; thence South 11028'18"East along tho East side of said fence for 123.37 feet; thence South 18"08'49"West fot 127.ell feet; thence South 10"45'12"West for 326.'11 teet; thence South-:2"39'2O"Wost for 114.H ~ thonce South 24 0 53'05"Wost fOl'160"i7; thence South 1s"49'4r East for 124.85 fee~ thence South 3"34'16"West for 83.64 ~ thence South leaving existing lor1ce for 368.16 feet to tho South 11M 01 the Northeast quartsr 01 the Southwest quarter, thonce North 87"28'Qr East along said South line 644.33 feet to the Southeast comer of said Northeast quartsr 01 tho Southeast quarter, thence North 1,211.83 feet 10 the point 01 beginning;EXCEPT therefrom tho following described tract Beginning at a point where the South Iino of the Getchell Road Intersects the East line of the Southeast quarter 01 tho Northwest quarter 01 said SectIon 23; thence West along the South line of said Getchell Road 66 feet; thence South parallel to the Eastline of the Southeast quarter of the Non-hwestquarter and the Northeast quarter of the Southwest quarter of said Section,660 feet; thence East 66 feet to the East IIno 01 the Northeast quarter 01 the Southwest quarter of said Section; thence North along said East Iino and the East Iino extended to the true point of beginning; ALSO EXCEPT commencing at the Northeast comer of the Southwest quarter of Section 23,Township 30 North,Range 5 East,W.M.; thence South 89"28'39"West along the North line of said subdivision for 475.37 f~ thence South 1 044'49"fOl'428.51 feet to the true point of beginning; thence North 40"33'48"East for 118.05 f~ thon""South 67"56'12"Eastfor 169.47 ~ thence North 7"51'2S"West for 157.54 ~ thence North 6B"3T52"West for 602.10 feet 10a point one loot more or ,....East 01 an existing chain link fence; thence South 12"28'sr West along tho East side of said fonce line for 22!J.77 f~- thence continue along said lance South 2 0 39'20"West for 2.B3 feet more or 1...10the South line 01 the North 390.00 feet of the Northeast quarter 01 the Southwest quarter of said SectIon 23;_ thence North 89"28'39"East along said South line for 328.14 feet monoor 1...10the West line 01 the east 475.0 feet of the Northwest quarter 01 the Southwest quarter 01 said Soction 23; thence South 10 44'43'West along said West line for =feet 10 the true point of be9innlng; ALSO EXCEPT commencing at the Northeast comer of the Southwest quarter of Section 23,Township 30 North. Range 5 East,W.M.; thence South 89"28'39"West along the North line of said subdivision a distance of 475.37 feet; thence South 1<;'44'49"West a distance of 426.51 fee~ thence North 40"33'46"East a distance 01118.05 teet; thence South 67"56'12"East adistance of 169.47 f~ thence North 7"51 '26"West a distance 01157.64 feet to the true point of beginning; thence continue North 7"51'28"West a distance of 30.29 feet; thence North 40"01'03"West a distance of 172.54 f~ thence North 14052'13"West a distance 01136.26 fee~ thence North 43"36'39"East a distance of 85.02 feet 10 the Southerly right-<>f-way of the County Road (commonly known-as Getchell Road); thence North eso46'46"Westalong said right-of-way,a disbnce of 365.21 feettoa pointonefoot, moraor lass.East of an existing chain link fence; thence South 9047'23"East along the East side of said fence a distance of 123.37 feet; thence continue along said fence South 19"49'25'West a distance of 127.89 feet; thence South 12"25'sr West a distance 01105.64 fee~ thence South 6B"37'52"East a distance of 502.10 feet 10 the true point of beginning. Situate in the County of Snohomish. State of Washington. together with the following descrlbed parceis; Parcel 1'< beginning at a point where the South line of the Getchell Road intersects the East line of the Southeast quarter of the Northwest quarter of Section 23,Township 30 North, Range 5 East,W.M.; thence West along the South line of said Getchell Road 66 f~ thence South parailello the East line of the Southeast quarter of the Northwest quarter and the Northeast quarter of the Southwest quarter of said SectIon 660 teet; thence East 66 feet to the East line of the Northeast quarter of the Southwest quarter 01 said SectIon; thence North along said East line and East line extended to the true point of beginning,Snohomish County,washington. Parcel B: the West 50 feet 01 the Northwest quarter 01 the Northwest quarter of the Southeast quarter 01 section 23,Township 30 North, Range 5 East, W.M.,Snohomish County,Washington. parcei C: beginning at the center of SectIon 23,Township 30 North, Range 5 East,W.M.; thence North 166 fee~ thence Ea.st 50 feet; thence South 155 feet; thence West50 feet to the true point of beginning. Situate In the County of Snohomish.State of Washington.