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HomeMy WebLinkAboutO-2005 - Rezone (Special)CI TV• • I!.-e..~~~ ~..~ Marysville,Washinqton.- ORDINANCE NO.;J.OO~ AN ORDINANCE OF THE CITY OF MAFlYSVILLE AFFiRMING THE DECISION OF THE HEARING EXAMINER,WITH MODIFICATIONS,REZONING PROPERTY OWNED BY THE CiTY OF MARYSVILLE,AMENDING THE OFFICIAL ZONING r'JlAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,AND APPROVING A CONDITIONAL USE PERMIT FOR CGrJSTRUCTION OF A LIBRARY FACiLITY. WHEREAS..the City of Marysville owus a parcel of real property locfl.ted on the south side of Grove Street (76th Street N.E.),east of the intersection of 60th Drive N.E.and Grove Streett being a portion of Sect.ion 27,Township 30 North,Range 5 East,W.l!l.,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,the Cit.y of Marysville applied for a rezone from RS 9600 to RS 7200,and a conditional use permit to allow construction of a new City library under File No.PA9403016;and ~'IHEREAS,the City Hearing Examiner held a public hearing on June 23,1994 and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone and conditional use permit, subject to ten (10)conditions;and WHEREAS,the ~.1arysvilJ.e City Council held a public hearing on said rezone and condLt.i.ona.l.UDe permit on l~ugust L2,1994 and accept.ed testimony from s t.af f and t.he public,and as a result I concurred with the Finding-s of F'act~1 Conclusions and Recommendation of the Hearing Examiner,~mbject to modifications as set forth below;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF 1<Il'.RYSVILLE,WASHINGTON DO ORDA.IN AS FOLLOWS: Section~.The Findings of Fact,Conclusions and Recommendation of the Eearing Exam.i.ne r "lith respect to the above- referenced rezone a.nd conditional use permit are hereby approved, subj ect to modifications as set forth below,and the above- described property is hereby re::i:oned from RS 9600 to RS 7200 1 subj ect to the f o LLowi.nq mod.i fi cat.Lona : a.Access t.o the site via 74th Street N.E.shall be limited t.o pedestrian and.non-motorized traffic only. b.Properties lying adjacent to the proposed parking lot on the we at;side of the sil::e shall be buffered by a combination of fencing and Landacap i nq in order to provide a secure barr i.e'r from he ad.i Lqht s .Said fencing and landscaping shall be i:n.ste.llE:d on the west arid sour.h ORDIN1"INCE 1 /mv/li:l:n:a:cy.ord property lines of the site sufficient to mitigate headlights from vehicles using the library parking lot. Section 2.The zoning classification for the above- described property and conditional use permit approval shall be perpetually conditioned upon strict compliance with each of the conditions set forth in the Recommendation of the Hearing Examiner and the above-referenced conditions imposed 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 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.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. 3 PASSED by the City Council and APPROVED by the Mayor this day of ():::J@,bec ,1994. CITY OF MARYSVILLE (JAAc!WAAiIJ MAYOR ATTEST: ~DEPUTY CLERK Approved as to form: By /JAoJ Ie.GJ~ ,CITY ATTORNEY Date of Publication:/01/2-/'I'f- Effective Date (5 days after publication): ORDINANCE - 2 /mv/library.ord ."-:: ..:._..'---" EXHIBIT A ...:,_.-....- Library Legal Description: ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP30 NORTH RANGE5 EAST,W.M.DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 84°26'06"EAST ALONG THE NORTH LINE THEREOF 652.45 FEET TO THE NORTHWEST CORNEROF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 04°48'04"WEST ALONG THE WEST LINE THEREOF 37.81 FEET TO THE SOUTH MARGIN OF ARMAR ROAD, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°46'36"EAST ALONG SAID MARGIN 317.38 FEET; THENCE SOUTH 04°49'34"WEST 218.00 FEET; THENCE SOUTH 84°46'36"EAST 253.55 FEET TO THE CENTER LINEOF MUNSON CREEK; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO iTS INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 04°47'25"WEST 67.11 FEET TO THE SOUTHEAST CORNER THEREOF: THENCE NORTH 84°19'47"WEST 326.35 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 04°48'04"EAST 613.55 FEET; TO THE TRUE POINTOF BEGINNING. ALSO KNOWN AS PORTiONS OF LOTS 1 AND 2 SNOHOMISH COUNTY SHORT PLAT NUMBER 254 (10-75) FOUND UNDER AUDITOR'S FILE NUMBER 2412950 RECORDS OF SNOHOMISH COUNTY, WASHINGTON.