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HomeMy WebLinkAboutO-2010 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.;).0/0 c«.~ ~ ~~.-3 ~PAAJ,..-I ~:~ AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY KEITH AND RUTH WALLA AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Keith and Ruth Walla own a parcel containing approximately 4.71 acres located on the west side of 83rd Avenue N.E.,approximately 900 feet south of 75th Street N.E.,site address 7727 -83rd Avenue N.E.in the City of Marysville,said property being legally described in EXHIBIT A attached hereto; and WHEREAS,Keith and Ruth Walla and Whiskey Top,Inc.applied to the City for a rezone from RS-12,500 to RS-9,600 to allow 17 single-family residential lots under File No.PA9403011;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on September 8,1994 and adopted Findings of Fact, Conclusions and a Recommendation approving the rezone of Keith and Ruth Walla and Whiskey Top,Inc.,subject to 12 conditions; and WHEREAS,the Marysville City Council held a public hearing on said rezone on November 7,1994 and received testimony from staff"the applicant and his representatives,and from the public;and WHEREAS,the Council reviewed and concurred with the Findings of Fact,Conclusions and Recommendation of the Hearing Examiner subject to the addition of the Council's supplementary Findings and Conclusions;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.Based upon the testimony and evidence presented at the November 7,1994 public meeting and the entire record,the City Council hereby makes the following additional Findings and Conclusions which are to supplement those made by the Hearing Examiner,which are hereby adopted by this Council: a.The proposed rezone from RS-12,500 to RS-9,600 is consistent with the City's Interim Comprehensive Plan which was adopted in August 1994,which is subsequent to the denial of the applicant's original request for a rezone to PRD 9,600. ORDINANCE - 1 /mv/walla.ord b.The applicant's property is within the City's Interim Urban Growth Area.As such,the City Council finds that the request is consistent with the mandate of the State Growth Management Act insofar as the Act requires urban densities within areas which are,or will become,a part of the City limits.Other developments within the vicinity of the applicant's property were approved prior to the establishment of the Interim Urban Growth Area and/or Interim Comprehensive Plan. c.While other developments in the vicinity,such as Bayview Crest and Northpointe,have been zoned under the RS- 12,500 zoning designation,these developments have been built at higher densities as a result of application of the PRD process.The City Council finds that the actual densities in these developments as built is not inconsistent with the RS-9,600 zoning classification proposed by this applicant. d.It is appropriate to require the applicant to construct a stub road to the south which would allow future development to the south without necessitating additional access points onto 83rd Avenue N.E.As such,said stub road shall be imposed as an additional condition of the approval of this rezone and preliminary plat request. Section 2.The Findings of Fact,Conclusions and Recommendation of the Hearing Examiner with respect to the above- referenced rezone are hereby approved as supplemented above,and the above-described property is hereby rezoned from RS-12,500 to RS-9,600. 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 and as supplemented 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 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. ORDINANCE - 2 /mv/walla.ord ~ASSED by the City Council and APPROVED by the Mayor thisASdayofNovember,1994. CITY OF MARYSVILLE By eli WMi/1 Mayor Attest: Byh~~City Approved as to form: Clerk By~t:.·W~ ,City Attorney Date of Publication: Effective Date (5 days after publication): ORDINANCE -3 Imv/walla.ord EXHIBIT A PARCEL A: The south half of the southeast quarter of the northeast quarter of the northeast quarter of Section 26,Township 30 North,Range 5 East,W.M.,in Snohomish County,Washington; EXCEPT the north 125 feet thereof;and EXCEPT the east 20 feet conveyed to Snohomish County for road by instrument recorded under Recording Number 182635. PARCEL B: The north 1 25 feet of the south half of the southeast quarter of the northeast quarter of the northeast quarter of Section 26,Township 30 North, Range 5 East,W.M.,in Snohomish County,Washington; EXCEPT the east 20 feet conveyed to Snohomish County for road by instrument recorded under Recording Number 182635.