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HomeMy WebLinkAboutO-2036 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO..;203(, AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTYOWNED BY JOHN AND DOLLIE CAMPBELL,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,John and Dollie Campbell own a parcel containing approximately 9.74 acres generally located on the east side of 78th Drive N.E.,at the intersection of 78th Drive N.E.and 71st Street N.E.,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Venture Pacific Partners applied to the City for a preliminary plat and rezone from RS-12,500 to PRD-9,600 to allow the creation of 27 single-family lots under File No.PA 9409039; and WHEREAS,the City Hearing Examiner held a public hearing on said preliminary plat and rezone on May 25,1995 and adopted Findings of Fact,Conclusions and a Recommendation approving the preliminary plat and rezone of Northpointe East subject to eleven (11)conditions;and WHEREAS,Condition No.8 of the Hearing Examiner is hereby modified consistent with the letter of the applicant dated June 22,1995 wherein the applicant shall extend 70th Street N.E. (71st Street N.E.on the preliminary plat map)to the easterly property line of the development and deleting the Hearing Examiner's requirement for a bond;and WHEREAS,the Marysville City Council held a public meeting on said preliminary plat and rezone on June 26,1995 and concurred with the Findings of Fact,Conclusions and Recommendation of the Hearing Examiner;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- referenced preliminary plat and rezone are hereby approved,and the above-described property is hereby rezoned from RS-12,500 to PRD-9,600. 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 ORDINANCE - 1 /rrrv/northpt.ord Recommendation of the Hearing Examiner.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. ~PASSED by the City Council and APPROVED by the Mayor this /0 day of July,1995. CITY O~Y ~ILLE By ~!ALtMJ4 Mayor Attest: Approved as to form: v?~ City Clerk By~K.W~ /City Attorney Date of Publication:'7 /;~q)--­ Effective Date (5 days after publication): ORDINANCE - 2 /mv/northpt.ord 7/;7/C;') EXHIBIT A LEGAL DESCRIPTION : THE NORTHWEST QUARTER OF THE SOUTHEAST·QUARTER OF THE NOR~.·1'T Q..UAR'I'ER OF SECTION 26 TOWNSHIP 30 NORTH RANGE 5 EAST IN COU)ITYOF SNOHOMISH,STATE OF WASHINGTON,W.M. TOGETHER WITH:r\.IE ~"'\..OIlJII-l.C,occ.;c~lte\)P~PEt<.."r: BEGunnNG AT TRENORTHEAST CORNER OF THg SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26 TOWNSHIP 30 NORTH RANGE 5 EAST;THENCE NORTH 68'45'3(3"'WEST ALONG THE NORTH lJNE OF SAID SUBDIVISioN·FOR 26.52 FEET TO THE EASTERLY ROAD MARGIN OF 78TH DRIVE BEING 30 FEET EAST OF CENTERLINE; THENCE SOUTH 41"05'57"EAST ALONG SAID EASTERLY ROAD MARGIN FOR 1541 FEET;THENCE ON A CURVE TO THE SOUTH THE RADIUS OF WHICH BEARS SOUTH 48'54'0::3"WEST FOR 190 FEET AND CONSUMING AN ANGLE OF 8'16'36"FOR AN ARC LENGTH OF 27.45 FEET TO THE EAST LINE OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;THENCE NORTH 00'11'08"WEST ALONG SAID EAST LINE FOR 32.95 FEET TO THE TRUE POINT Of BEGINNING.