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HomeMy WebLinkAboutO-1917 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,washington ORDINANCE NO ./1 t7 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY' OWNED BY R.SCOTT TURNER,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772 AND APPROVING THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN FOR THE PLANNED RESIDENTIAL DEVELOPMENT OF SUNNYBROOK. WHEREAS,R.SCOTT TURNER own a parcel containing approximately 4.5 acres located at the southwest corner of 52nd Street N.E.and 67th Avenue N.E.in the City of Marysville,said property being legally described in EXHIBIT A attached hereto; and WHEREAS,R.SCOTT TURNER applied to the city for a rezone from R-9600 to PRD 9600 and for preliminary plat and preliminary site plan approval for the planned residential development of Sunnybrook under file nUmber PA 9109035;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on September 24,1992 and adopted-Findings of Fact, Conclusions and a Recommendation approving the rezone, preliminary plat and preliminary site plan of R.SCOTT TURNER, SUbject to seventeen (17)conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone,preliminary plat and preliminary site plan application on October 26,1992 and concurred with the Findings of Fact,Conclusions and Recommendation of the Hearing Examiner, and SUbject to the applicant·s approval,added an additional condition;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 are hereby approved,and the above-described property is hereby rezoned from R-9600 to PRD-9600. 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 the additional condition as referenced in section 3 below as set forth by the ORDINANCE - 1 ImvlLe/sunnybrook.ord Marysville city Council and as agreed to by the applicant. 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.There is hereby established an additional condition,number 18,which is added to the decision of the Hearing Examiner and which shall read as follows:, The grade for the driveway to all lots within this PRD shall not exceed ten percent (10%). Section 4.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 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 thisq-v~day of November,1992. CITY OF MARYSVILLE By ~'/tJwM Mayor Attest: OY~~Cl=k Approved as to form: By ~,A::?/ft.e1/ City Attorney Date of PUblication:Ilk /tId Effective Date (5 days after publication): ORDINANCE - 2 Imvlle/sunnybrook.ord ,,. EXHIBIT A LEGAL DESCRIPTION THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,TOWNSHIP 30 NORTH,RANGE 5 EAS:I.',W~M_,SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE SOUTH HALF OF SAID EAST HALF OF'THE EAST HALF; EXCEPT THE SOUTH 17 FEET OF THE NORTH HALF OF SAID EAS:I.'HALF OF THE EAST HALF; EXCEPT THE EAST 20 FEET CONVEYED TO SNOHOMISH COUNTY UNDER AUDITOR'S FILE NO. 635055 FOR ROAD;AND EXCEPT ANY PORTION LYING WITHlN 52ND STREET N.E_ SIroATE IN THE COUNTY OF SNOHOMISH,STA:I.'E OF WASHINGTON.