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HomeMy WebLinkAboutO-2200 - Rezone (Special),.--------------~-----------_._----------- .,... CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.;):J...OO AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY RAYMOND AND MARY PAOLUCCI, AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. /-~P.....6. 1-/flu.-~. I-G)~ I-~ WHEREAS,Raymond and Mary Paolucci own a parcel containing approximately 19 acres,located on the north side of SR 528,at approximately the 76th Street alignment,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Bill Roberts applied to the City for a preliminary plat and rezone from RS 12,500 to R 4.5 under File No. PA 9711058;and WHEREAS,the City Hearing Examiner held a public hearing on said preliminary plat and rezone on May 14,1998 and adopted Findings of Fact,Conclusions and a Recommendation approving the preliminary plat and rezone of Raymond and Mary Paolucci subject to eleven (11)conditions;and WHEREAS,the Marysville City Council held a public meeting on said preliminary plat and rezone on June 22,1998 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 R 4.5. 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 Imv/paolucci.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 ~:u.,day of July,1998. Attest: CITY OF MARYSVILLE rkcl~ Mayor BY~y Approved as to form: Clerk Date of Publication: By /J~(CUJJ /City Attorney 118h~ Effective Date (5 days after publication): ORDINANCE - 2 /mvjpaolucci.ord . f . .' -EGA.....DESCRIPTION: 7'-1E ~""ST r-lALF OF THE NORTl-fYiEST QUARTER OF THE NORTH~ST QUARTER~F ,......E SOUTHEAST QUARTER OF THE NORTt-/EAST QlJARTER OF THE NORTH~ST JvAR'CR OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SCVTH~ST ,?UAR'CR OF n-tE NORTHV'!EST G.VARTER OF THE SOUTHEAST OUARTER A:"L BEiNG IN seCTION 26,TOHNSi-iIP 30 l-.{QRTH RANGE 5 EAST ~.H ~EXCEPT ''1E SCUTt-'250 FEET ""-+EREOF FO"<.ROAD Eo- S~, r.:l 1 1 Hcarjn~all1illcr Rccornmcndation Case No.:PA 9711058 Page 9 42.Letter to Property Owners,re:Appeal to Eldorado Estates,dated 3/I 0/98 43.Letter to City Council from Gloria Hirashima dated 3/16/98 44.Comments/Appeal letters received 3/9/98 45.Letter from Robert and Kathleen Davis received 3/12/98 46.Mitigated Determination of Non-Significance 47.Affidavit of Publication 48.Letter from Suzanne Smith dated 3/28/98 49.Letter from Suzanne Smith dated 3/28/98 &copy of receipt 50.Comments on MDNS from .Matthew Bottin received 3/30/98 51.Addendum to comments on MDNS from Matthew Bottin received 3/30/98 52.Letter to Elizabeth Phinney,Dept.of Ecology,dated 3131/98 53.Letter to Parties of Record,re:MDNS,dated 4/1/98 54.Affidavit of Posting 55.Affidavit of Publication 56.Letter from Nathan A.Gillis,WSDOT,dated 4/8/98 57.Affidavit of Publication 58.Letter from Suzanne Smith received 4/16/98 59.Affidavit of Posting 60.Letter from Bill Roberts received 12/10/97 6 I.Wildlife Study dated 4/22/98 62.Letter from DOE dated 5/5/98 63.Aerial Photos -Sept.1992 64.Photographs • 6,5.Drainage Plan for Brookwood East 66.Staff Recommendation , 67.Wetland Resources Qualifications 68.SEPA Appeal presentation by Suzanne Smith PARTIES of RECORD: Bill Roberts 412976'"Street N.E. Marysville,WA 98270 Planning Department Raymond &Mary Paolucci P.O.Box 713 Madera,CA 93639 Brad Cattle 2707 Colby,Suite #1001 Everett,WA 98201 Scott Ludwig 770068'"N.E. Marysville,WA 98270 Suzanne Smith Habitats Northwest 482175'"Avenue N.E. Marysville,WA 98270 .-'..(' I'·, ....... ...;l'·~-=\~tc<~~~~~-,---~--,-_...:.....~,--__""-",....:c:-,---,,""",,--,-,,-..:.=,-,,-,-,-,,,,--, v ..~",.-",' ......,.,,:,''•.'¥'!'