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HomeMy WebLinkAboutO-2098 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.,;;2.0 98' AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONiNG PROPERTY OWNED BY LEROY A. WELCOME,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Leroy A.Welcome owns a parcel containing approximately 8.3 acres located at the south side of SR 528,west of 67th,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,American Property Development,Inc.applied to the City for a rezone from Planned Neighborhood Shopping Center (PNSC)to Multiple Family Residential,Medium Density (RMM)to allow the construction of a 149-unit apartment complex on the property under File No.PA9605024;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on September 5,1996,and a re-hearing on October 3, 1996,and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone of American Property Development,Inc.subject to twenty-four (24)conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone on October 28,1996 and concurred with the Findings of Fact,Conclusions and Recommendation ~f 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 rezone are hereby approved,and the above-described property is hereby rezoned from Planned Neighborhood Shopping Center (PNSC)to Multiple Family Residential,Medium Density (RMM). 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/welcome.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 filing a Land Use Petition pursuant to the Land Use Petition Act within twenty-one (21)days after the passage of this ordinance. PASSED by the City Council and APPROVED by the Mayor this day of November,1996. Mayor CITY OF MARYSVILLE By UMJ ~'----~_ Attest: ---~\ ~e1z-?e=9£ City Clerk Approved as to form: BY~('\.~ City Attorney Date of Publication:u,h h& Effective Date (5 days after publication): ORDINANCE - 2 /mv/welcome.ord £X:hl'b~t "A" The North 26 two/thirds rods of the Southeast quarter of the Southeast quarter; EXCEPT the East 1050 feet thereof; ALSO the North 26 two thirds rods of the East half of the Southwest quarter of the Southeast quarter; ALL in Section 27,Township 30 North,Range 5 East,W.M.,in Snohomish County,Washington; EXCEPT the County Road on North side (64th Street Northeast,also known as Hickock Road); AND EXCEPT that portion conveyed to the City of Marysville by instrument recorded under Recording No.9210160704; Situate in the County of Snohomish,State of Wasl1ingtC-\rl