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HomeMy WebLinkAboutO-2209 - Rezone (Special)-;-- CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO..;u0'1 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY DALLY HOMES, AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Dally Homes own a parcel containing approximately 3.5 located on the east side of 67th Avenue N.E.at approximately the 59th Street alignment,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Dally Homes/Group Four,Inc.applied to the City for a preliminary plat and rezone from RS 9,600 to PRD- 4.5 under File No.PA 9804023;and WHEREAS,the City Hearing Examiner held a public hearing on said preliminary plat and rezone on August 27,1998 and adopted Findings of Fact,Conclusions and a Recommendation approving the preliminary plat and rezone of Strawberry Hills III,subject to 3 conditions;and WHEREAS,the Marysville City Council held a public meeting on said preliminary plat and rezone on September 28, 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 9,600 to PRD-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 /wpf/mv/dally.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 !d-.-t:I...day of October,1998. CITY OF MARYSVILLE ~iMliJIr Mayor Attest:BY~~.-C~ty Clerk Approved as to form: By,Q ~1<..(;J~ ,City Attorney Date of Publication:!b;l~9JV• Effective Date (5 days after publication) ORDINANCE - 2 Iwpf/mv/dally.ord .,.,.. EXHIBIT A THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE I NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 30 NORTH,RANGE 5 EAST, W.M ..SNOHOMISH COUNTY,WASHINGTON;EXCEPT THAT PORTION THEREOF INCLUDED IN THE PLAT OF STRAWBERRY HILLS PHASE 2.AS RECORDED UNDER AUDITOR'S FILE NO.9803065006,RECORDS OF SNOHOMISH COUNTY, WASHINGTON;AND EXCEPT THE WEST 30 FEET THEREOF FOR ROADWAY. _.-'_.o