Loading...
HomeMy WebLinkAboutO-1967 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE N0'11~7 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER,WITH AMENDMENTS,AND REZONING PROPERTY OWNED BY MORGAN BARTLETT,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO. 772,AND APPROVING THE PRELIMINARY PLAT AND SITE PLAN OF VERDE RIDGE. WHEREAS,Morgan Bartlett own a parcel located on the north side of 52nd street N.E.,east of 73rd Avenue N.E.,commonly referred to as Lots 11 through 20,Neartown Acre Tracts,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Morgan Bartlett applied to the City for a rezone from RS-12,500 to PRD-12,500 and for a preliminary site plan and preliminary plat approval under File No.PA 92-11054;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone,preliminary site plan,and preliminary plat approval on July 8,1993 and adopted Findings of Fact,Conclusions and a Recommendation approving said rezone,preliminary site plan,and preliminary plat with conditions;and WHEREAS,on August 9,1993 the Marysville city Council elected to hold its own public hearing to review the sUbject application;and WHEREAS,on september 10,1993 the applicant revised its site plan and reduced its lot density bonus from 33 to 31 and altered other design features of said project;and WHEREAS,on September 13,1993 the Marysville City Council held a pUblic hearing concerning the application and received testimony and evidence from staff,the applicant,and the pUblic, and as a result,made the following Findings and Conclusions: 1.The applicant's revised plan dated September 10,1993 generally meets the requirements for density bonus pursuant to MMC 19.48.080. 2.The determination as to whether it is in the best ~ interest of the pUblic to accept dedication of park open space as proposed by the applicant shall be reviewed by the Director of Parks and Recreation,and in his discretion a recommendation shall be made to the city Council which shall be considered at the final plat stage. ORDINANCE - 1 /msvl/baitLett.ord NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,DO ORDAIN AS FOLLOWS: section 1.Except as specifically modified as set forth above,the Findings of Fact,Conclusions and Recommendations of the Hearing Examiner with respect to the above-referenced rezone are hereby approved,and the above-described property is hereby rezoned from RS-12,500 to PRD-12,500. section 2.The revised site plan submitted by the applicant dated September 10,1993 is hereby adopted and shall replace the site plan as proposed to the Hearing Examiner.A determination as to the public dedication of the proposed park open space shall be reviewed by the Director of Parks and Recreation and a recommendation shall be made to the Marysville City Council at the final plat stage. section 3.Subject to the above,the site plan and preliminary plat are hereby approved.The zoning classification and the preliminary site plan and preliminary plat approval 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 city Council,as modified.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 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~Council and APPROVED by the Mayor thisIIdayof~,1993. ORDI CE - 2 /msvl/bartlett.ord ~ CITY CLERK CITY ;?i ~YSVILLE By MlMel!AhJi.4 MAYOR Approved as to form: By ~t:.wh<fl 7 CITY ATTORNEY Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 3 tmsvl/bartlett.ord IfJ/uh3 I EXHIBIT A '..:., LOTS 11 'l'lUlOUGH 20 INCLUSlv ..,;"-l:OAl':l'OW••",Cklli .........."'•.::;,ACCORDING TO,'I'HIl PLAT 'I'HBREOl>',RECORDED IN VOLtlME 8 OF PloATS,PAGB 7,RECORDS OF SNOHOMISH COONTI't WASHINGTON. 'SI'l.'CATE IN THII COTJNT'l OF SNOHOMISH,STATE OF WASHINGTON.