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HomeMy WebLinkAboutO-1983 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO'l9~3 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY CHARLES OKADA,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Charles Okada owns a parcel containing approximately 0.043 acres located at 1077 Beach Avenue N.E.,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Charles Okada applied to the City for a rezone from GC to RMH to allow for construction of eight (8)multiple family dwelling units under File No.PA 9306020;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on December 9,1993 and adopted Findings of Fact, Conclusions and a Recommendation approving the rezone of Charles Okada subject to ten conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone and,due to issues relating to compatibility with surrounding uses and noise,elected to conduct its own public hearing;and ' WHEREAS,on February 7,1994 the Marysville City Council held a public hearing to reconsider the Hearing Examiner's decision and at said hearing the applicant's representative volunteered to perform noise measurements and compile information relating to noise-proofing the apartment building;and WHEREAS,the February 7,1994 public hearing was continued to February 28,1994 and further continued until March 14,1994; and WHEREAS,as a result of said public hearings,the Marysville City Council received additional testimony from staff,the applicant and the public,and as a result thereof,made additional findings of fact,conclusions and added additional conditions as set forth below;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- ORDINANCE -1 !mv/okada2.ord I .. referenced rezone are hereby approved,and the above-described property is hereby rezoned from GC to RMH based upon the additional findings made by the Marysville City Council: a.Both the applicant,through a qualified expert, and the adjacent property owners,Roy and Janet Edmonds, have conducted noise readings relating to the business known as Acro Machining.The readings taken by Janet Edmonds show a variety of different noise levels and are consistently higher than the readings taken by the applicant's expert. However,the City Council recognizes that use of a decibel meter requires a certain level of expertise,and as such, gives some additional weight to the measurements taken by the applicant's expert. b.While there is no question that the Acro Machining activity generates noise,such noise can be adequately mitigated by proper building orientation on the property, parking,and vegetative buffer and through the other conditions imposed by the Hearing Examiner and City Council. c.In addition to those ten conditions imposed by the Hearing Examiner,the City Council hereby approves the rezone request subject to the following additional conditions: (1)The applicant shall disclose on the binding site plan an accurate and detailed description of the manufacturing activities conducted on the adjacent property by Acro Machining.Said description shall be subject to the review and approval of the City Planning Department.Said binding site plan shall be recorded with the Snohomish County Auditor. (2)There shall be a written disclosure to all tenants who rent apartments in the building to be constructed at 1077 Beach Avenue N.E.Said written disclosure shall contain,at a minimum,the same language as recorded on the applicant's binding site plan. (3)The applicant,through his representative, stated that he would have no objection to allowing adjacent commercial properties to maintain commercial building setbacks in the area,and as such,the commercial building setback requirements shall apply to adjacent properties which are zoned Commercial. 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 City Council. Violation of any of the conditions of said decision may result in reversion of the property to the previous zoning classification ORDINANCE - 2 /mv/okada2.ord 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- d~scribed 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. ~PASSED by the City Council and APPROVED by the Mayor this .A8 day of March,1994. ATTEST: BY~--err, Approved as to form: CLERK MAYOR By!J~jc.0J~ >CITY ATTORNEY Date of Publication:>3/3t:>/Qy Effective Date (5 days after publication): ORDINANCE - 3 Imv/okada2.ord EXHIBIT A LEGAL DESCRIPTION SECTION 28 TOWNSHIP 30 RANGE 5 THE NORTH 70 FEET OF THE E.1/2 OF LOT 7,AND THE S.30 FEET OF THE E 1/2 OF LOT 8,ALL IN BLOCK 1,EDWARD STEELE'S SECOND ADDITION TO MARYSVILLE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS ON PAGE 12,RECORDS OF SNOHOMISH COUNTY,WASHINGTON.