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HomeMy WebLinkAboutO-1908 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,washington ORDINANCE NO.L908 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY CENTEX HOMES,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,APPROVING A BINDING SITE PLAN AND PRELIMINARY PLAT REVISION TO A PORTION OF THE PLAT OF PARKVIEW ESTATES,AND DENYING A ROAD STANDARDS VARIANCE. WHEREAS,Centex Homes owns a parcel containing approximately 11.5 acres located at the north side of 64th Street N.E.adjacent to the Plat/PRD of Parkview Estates in the city of Marysville, said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Centex Homes applied to the City for a rezone from RS 9600 to PRD 7200 for a preliminary plat approval and approval of a binding site plan under File No.PA9203009;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone,prelim~nary plat and binding site plan on August 13, 1992,and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone,preliminary plat and binding site plan but denied the road standards variance of Centex Homes, sUbject to five (5)conditions;and WHEREAS,the Marysville city Council held a pUblic meeting on said rezone on September 8,1992 and 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 binding site plan application are hereby approved,and the above-described property is hereby rezoned from RS 9600 to PRD 7200. 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.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. ORDINANCE - 1 Imsv/centex.ord 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 recommendation of the Hearing Examiner to deny the road standard variance is hereby affirmed. section 5.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. PASSED by the City Council and APPROVED by the Mayor this ~day of September,1992. CITY OF MARYSVILLE Mayor By_..u...>=->"'-"'-'='''''''''=><.L--.;':::::::= Attest: BY~'~city Clerk Approved as to form: By~/c:wJ ,city Attorney Date of Publication:9/;b;1rJ Effective Date (5 days after pUblication): ORDINANCE - 2 Imsv/centex.ord i(:?:'. LEGAL DESCRIPTION PREUMINARYPLAT PARKVlEW ESTATES -DIVISION 4 A pOrtion of the Sil1/4 of Section 27,Township 30 North, Range 5 East,W.M .. described as follows: Commencing at the southeast comer of the NE1/4 of the SW1/4 of said Sec:tion 27;'thence N0'37'44-W along the East line thereof 42.74 feet to the northerly right-of~~~_."argill of_64th StTeetNE:thence N89"21'23"W along the North line of said right-of-way 186.10 feet to the True Point of 8eginnin.9;thence continuing N89"21'23"W 778.03 feet;thence NO'03'16"W 176.20 feet to the North line of the South 220.00 feet of the W1/2 of the W1/2 of the NE1/4 of the Sil 1/4;thence NS9"25'17"W along said North line 59.55 feet;thence N1Z0S'55-E 137.75 feet;thence N29"51'37"E 479.50 feet; thence S60'0S'23"E 380.15 feet;thence NS9"22'16"E 259.83 feet;thence SO'J7'44-E 524.38 feet to a point of curvature,the radius center of which Des 589"22'16"W 25.00 feet distant;thence southwesterly along the arc of a curve to the right thraugh a ceilbul angle of 91·16'20"an arc distance of 39.83 feet to the True Point of 8eginning. And including the East 114 feet of the South 220 feet of the W1/2 of the W1/2 of the NE1/4 of the SW1/4 of said Section 27; less roads. TOGETHER WITH the following descnbed tract: Beginning at the center of Hickock Road at the Southwest comer of the East half of the West half of the Northeast quarter of the Southwest quarter;thence North along said West line 220 feet;'i thence South 88"38'06"East parallel with the 'South line of said subdivision'24;90 feet to existing fence; thence South 01'04'05'West along said fence 220 feet to center of Hickock Rood;thence North 88'38'05" West along center line of said road 20.90 feet to the True Point of Beginning;EXCEPT County Road;ALSO EXCEPT that portion conveyed by Deed to the City of Marysville recorded under Auditor's File No.8908090241. Situate in the County of Snohomish •.State of Washington.