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HomeMy WebLinkAboutO-2105 - Rezone (Special),',,c. CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2/oS AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND APPROVING A REZONE,PRELIMINARY PLAT, AND SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE PLAT OF WESTVIEW AT SUNNYSIDE II AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. 1~Cut4-'?~ / :~Lt.,,>---.~. (-~~. (-C9~ WHEREAS,Pete and Ailene Poortinga own a parcel containing approximately 5.99 acres located west of Sunnyside Boulevard at approximately the 4400 block in the City of Marysville,said property being legally described in EXHIBIT A attached hereto; and WHEREAS,Snoball Partners applied to the City for a rezone from RU 2.3 to RS 9600,preliminary plat approval,and a Shoreline Substantial Development permit to allow the development of 18 single-family lots on the property under File No.PA 9605021;and WHEREAS,the City Hearing Examiner held a public hearing on said applications on October 24,1996 and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone, preliminary plat and Substantial Development Permit subject to thirteen (13)conditions;and WHEREAS,the Marysville City Council held a public meeting on said applications on November 25,1996 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 rezone,preliminary plat and Shoreline Substantial Development permit are hereby approved,and the above-described property is hereby rezoned from RU 2.3 to RS 9600. 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/snoball.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 December,1996. Mayor Attest: BY~~YClerk Approved as to form: By£J~K-.0~ .City Attorney Date of Publication: Effective Date (5 days after publication): ORDINANCE - 2 Imv/snoball.ord '~-.f\ (. RECEIVED MAY 03 1996 MSVL.PLNG/BLDG LEGAL DE5CRIPTION ALL THAT PORTION OF GOVERNf1ENT LOTS Z AND 3,SECTION 3.TOWNSHIP Z9 N,RANGE 5 E,W.I1.,SNOHOf1/SH COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS; BEGINNING AT THE NE CORNER OF SAID GOVERNf1ENT LOT Z,THENCE WAND PARALLEL·TO THE NORTH UNE OF SAID LOT Z,87Z FEET,THE POINT OF BEGINNING;. THENCE CONTINUE WEST TO THE NORTHWEST CORNER OF CiOVERNI1ENT LOT Z; THENCE CONTINUE WEST ALONG THE NORTH UNE OF CiOVERNI1ENT LOT 3 A DISTANCE OF 163.49 FEET; THENCE SOUTH OZ·4 TZO"E A DISTANCE OF 450.39 FEET; THENCE NORTH 89°59'06"E A DISTANCE OF Z46.14 FEET; THENCE NORTH 89°1Z'Z8'E A DISTANCE OF Z87.38 FEET; THENCE NORTH 01°0Z'Z8'W A f)/STANCE OF 149.78 FEET; THENCE NORTH 89°1Z'16"E A DISTANCE OF 57.48 FEET; THENCE NORTH OZ·Z7'14"W A DISTANCE OF 303 FEET TO THE POINT OF BEGINNING· ALL SITUATE IN THE COUNTY OF SNOHOI1ISH,STATE OF WASHINGTON. Exhibit.-L