HomeMy WebLinkAboutO-2048 - Rezone (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.]Ol.fg
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AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF
THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY ALBERT
AND BETTY JO ROSS,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY
ADOPTED IN ORDINANCE NO.772.
WHEREAS,Albert and Betty Jo Ross own a parcel containing
approximately 6.34 acres located at the southeast quadrant of the
intersection of 116th Street N.E.and State Avenue (Smokey Point
Blvd.),and north of 113th Street N.E.,in the City of
Marysville,said property being legally described in EXHIBIT A
attached hereto;and
WHEREAS,Albertsons,Inc.applied to the City for a binding
site plan and rezone from Single Family Residential 9,600 to
Community Commercial to allow construction of a 63,659 square
foot retail shopping center under File No.PA 9505028;and
WHEREAS,the City Hearing Examiner held a public hearing on
said binding site plan and rezone on September 5,1995 and
adopted Findings of Fact,Conclusions and a Recommendation
approving the binding site plan and rezone of Albertsons,Inc.
subject to thirteen (13)conditions;and
WHEREAS,the Marysville City Council held a public meeting
on said binding site plan and rezone on October 2,1995 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 binding site plan and rezone are hereby approved,and
the above-described property is hereby rezoned from Single Family
Residential 9,600 to Community 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.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.
ORDINANCE - 1
/mv/albertsons.ord
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.
9 ~PASS ED by the City Council and APPROVED by the Mayor this
day of October,1995.
CITY O~YSVILLE
By MWLULMf,4
Attest:
B~Clerk
Approved as to form:
Mayor
By ~C.f.A./~
?City Attorney
Date of Publication:/dt/l9~
Effective Date (5 days after publication):
ORDINANCE - 2
/mv/albertsons.ord
EXHIBIT A
LEGAL DESCRIPTION
(rrom Tronsomer¥Co ntle Insuronce Compony report No.525446)
PARcel A:
,"01 parHaM of the Northeast Quarter of fhe Southwest quarter o(
Sedion 9,Township JO North,RtJnge 5 £"osl.W.M.•described es
lot/ows:
SfGINNING of a poinf '5 feel Soulh of the center of said SecUon 9;
'hence Soulh or'''''OO''fos'265.96 teet:
thence Soulh 7S'J2"OO"lYesf J84.87 feet 10 fhe Eosf line 01
Pocitic High way;
thence North r4"28'OO"West 010"9 said Eus'line J68.65 feel.
more or less. fa a poi"t '5 lee'Sou II,of rhe [os(cnd West
cenlerline 01 said Seelio";
Ihence South 89"JO'00"Eos'460 feel,more or less.fa Ihe Trve
Point of Beg;nning;
EXCEPT any parHaM fhof migh'lie wHhin Counry Rood known ee
Marsholl Rood. olso known as "6fh sr.N.t.:
Situafe in the County of Snohomish,Stcte of Washington.
PARCEL 8:
BEGINNING or a point on the Norlh Sourh center line of said Sec lion
9. TownShip 30 Nodh,Range 5 Eosl,W.M.,,749 tee!North ot the
SouHI quorfer eorner:
thence continue North ·to 0'poin'2BO.96 feet Soutll of center of
said Section;
thence Soulh 75'J2'OO"Wesl J84.87 feef fa Ihe (ost line of
PociflcHigllwoy;
flu~rtce Southeasterly olong said East line of said Highway 10 fhe
point West 01 Poinl of B9gill"in9:
thence (osl to Point 01 Beg;nn;ng:
(XCI.PT portion 01('1"9 Soulh line rherp.of conveyed to $nC'homish
CoulIly,Washington lor rood by QuU Groim Deed recorded August 'J,
'956 under Auditor's File No.120J58J;
Siluale In the Counry of Snohomish,stete of Washington.
METES &BOUNDS DESCRIPTION
Ar,rhat certoi"reo'propedy,siltlo'e in 'he Counly 01 Snoh"mish,
S'nle of Washington.being a portion of 'he Norlheost quorler of
II,e Soulllwest quarter of Section 9,Township JO Norfh.Range 5
lost,W.W.,and'being more porHeulorly described as follows:
BEGINNING at the in'ersection of the North-SoU'h center""e of said
Section 9.wirh 0 line 'ho'is parallel will)and 55.DO fef!r sou,h
of rhe Eost-Wes'cen'erline of said Sec (ion 9.dis,.",t
501°4"00°'[55.0J feet along said Norlh-Sou'h cen'erU"e I~om tr
mOllumenf in 0 cose markIng Ihe cenler of said Section 9;Thence,,.om soid POINT or BEGINNING. 010"9 sold NOI "1-Sourh centerline
50"4"00"[776.67 feet fo the Norfh righ'-of.•way line of flJlh
Ploce H.E.as conveyed '0 Snohomish County.Washington for rood by
Quit Claim Deed recorded August fJo r956 under Audito,.'s File No.
J20J58J:Ihence along soid North righl··af-wa)'tine S89'09'02 MW
266.31 fee'to 'he [os(rlghl-of-way line ot Smokey Po;n,Blvd.:
'hence along sold Eosl rlg"'-of-woy line NI4'50"B"W 808.20 (pel
10 said line fhol is parallel with and 55.00 (ee'sou,h 0'the
Eosi-West ce:nferfi1le ot ~o;d Srction 9;thence 010"9 !loid parallel
Un.589'52'J7"E 450.4J ,••1 10 Ih.POINT OF BEGINNING.
Said p~rce'contolns 6."tr Acres of lond more or less.