HomeMy WebLinkAboutO-1964 - Rezone (Special)'.~
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE No.19c'¥
AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING PROPERTY
OWNED BY GREG AND MIKE KRUSE AND RICHARD AND DIANA PRICE,
AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN
ORDINANCE NO.772,AND APPROVING THE PRELIMINARY PLAT FOR
THE SUBDIVISION OF BROOKWOOD EAST.
WHEREAS,Greg and Michael Kruse and Richard and Diana Price
own approximately 8.9 acres located on the north side of SR 528,
east of the Plat of Brookw6od Heights Division 4,said property
being legally described in Exhibit A attached hereto;and
J'"e.ss ,I'd t 't fl'.WHEREAS,SQQ Darllng app le 0 the Cl y or pre lmlnary
plat approval and a rezone from RS-12,500 to RS-9600 under city
File No.PA 9211056;and
WHEREAS,the city Hearing Examiner held a public hearing on
June 10,1993 and adopted Findings of Fact,ConClusions,and a
Recommendation approving the rezone and preliminary plat,subject
to 17 conditions;and
WHEREAS,an appeal to the decision of the Hearing Examiner
was filed on July 15,1993 with the City Clerk's office;and
WHEREAS,at the July 26,1993 regular City Council meeting
the City Council established August 23,1993 as a date to hold
its own pUblic hearing on the matter;and
WHEREAS,on August 23,1993,the Marysville City Council
held a pUblic hearing on said rezone and preliminary plat and
accepted testimony from city staff,the applicant,and the
pUblic;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.Except as specifically otherwise set forth in
section 2 below,the Findings of Fact,Conclusions and
Recommendation of the Hearing Examiner with respect to the above-
referenced rezone and preliminary plat application are hereby
approved and adopted by the Marysville city council,and the
above-described property is hereby rezoned from RS-12,500 to RS-
9600.
Section 2.The conditions set forth in the Hearing
Examiner's decision are hereby amended and supplemented as
follows:
ORDINANCE - 1
/msvL/kruse.ord
'.
a.Condition No.5 of the Hearing Examiner's decision
is amended to read as follows:"The applicant will make
mitigation payments in an amount to be determined at the
time of building permit application to the Marysville School
District consistent with the Environment Impact Alienation
Agreement dated May 3,1993,or pursuant to such agreement
as is in effect at the time of said building permit
application.
b.The applicant shall grant a 20-foot easement to
the city for right-of-way purposes across Lot 23 in a form
acceptable to the city attorney.said right-of-way easement
shall be for purposes of a right-turn-only access onto SR
528.At such time as Grove street is extended to connect to
SR 528 or 83rd Avenue N.E.,said easement shall be vacated
and terminated.
c.Maintenance of that portion of Lot 23 which is not
SUbject to the right-of-way easement referenced in (b)above
shall be the sole responsibility of the developer or his
successor(s)in interest.
d.The applicant shall provide,in addition to the
proposed 40-foot right-of-way on the west leg of the
southern cul-de-sac of said plat,an additional 10-foot
easement for right-of-way in a form acceptable to the city
attorney.Said easement may be vacated and relinquished in
the discretion of the City at such time as future right-of-
way needs are known as a result of development application
for property to the west of the subject plat.
section 3.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 as modified by the City
Council.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 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 property
described in Exhibit A.
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.
ORDINANCE - 2
ImsvL/kruse.ord
LA PASSED by the city council and APPROVED by the Mayor
h day of ~~,1993.
CITY OF MARYSVILLE
By {l~
ATTEST:
By~j~~~CITY CLERK
Approved as to form:
this
MAYOR
By~kLA/~
-'CITY ATTORNEY
Date of Publication:~~(3
,i
Effective Date (5 days after pUblication):
ORDINANCE - 3
ImsvL/kruse.ord
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LEGAL DESCRIPTION
THE WEST HALF OF Tl-lE WEsf HALF OF TI-lE NORTI-lWE5T QUART
OF THE SOUTHEAST QUARTER OF SECT10N 20,TOUJNSHIP 3lZ',
RANGE 5-EA5T,W.M.,5NOHOMI5l-l COUNTY,WASHINGTON.
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