HomeMy WebLinkAboutO-2459 - Rezone (Special)·--_._--------------------------
CIT Y 0 F MAR Y SV I LL E
Marysville,Washington'
ORDINANCE NO,).<f5'1
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING
THE DECISION OF THE HEARING EXAMINER AND REZONING
PROPERTY OWNED BY DAVID ROSS AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY
WHEREAS, DAVID ROSS owns aparcel containing approximately 6,15 acres located
north of 49 th Street NE, west of Sunnyside Blvd, in the City of Marysville, said property being
legally described in EXHIBIT A attached hereto; and
WHEREAS, DAVID ROSS applied to the City of Marysville for a preliminary plat,
preliminary site plan approval,utilization ofresidential density incentives, and rezone from R-
4,5 to PRD 4,5 under File No,0009038; and
WHEREAS, the City Hearing Examiner held a public hearing on said preliminary plat,
preliminary site plan approval, residential density incentives, and rezone on October 17, 2002
and adopted Findings of Fact,Conclusions and a Recommendation approving the preliminary
plat,preliminary site plan,utilization of residential density incentives, and rezone of David
Ross subject to 18conditions; and
WHEREAS, the Marysville City Council held a public meeting on said preliminary
plat,preliminary site plan,utilization of residential density incentives, and rezone on
December 9,2002 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 L The Findings of Fact, Conclusions and Recommendation of the Hearing
Examiner with respect to the above referenced preliminary plat,preliminary site plan approval,
utilization of residential density incentives, and rezone are hereby approved, and the above
described property is hereby rezoned from R-4,5 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,
Section 3. The official Zoning Map of the City of Marysville is hereby amended to
reflect the reclassification of the above-described property.
ORDINANCE - 1
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 passage of this
ordinance.
P1SSED by the City Council and APPROVED by the Mayor this qtt-day of
~,2002.
CITY OF MARYSVILLE
By ~~uL
DAVID A.WEISER, Mayor
ATTEST:
Approved as to form:
BY~".ct.~
GRANT K.WEED, City Attorney
Date of Publication:I;J -/8'-tJ Z.
Effective Date (5 days after publication):/~-:<3 ~Oa
ORDINANCE -2
.EXHIBIT "A"
PARCEL A:
A portion ofthe North one-halt ofthe South·one-halt ofthe Northwest quarter ofthe
Southeast quarter of Section 34,Township 30 North,Range SEast,W.M.,described as
follows:
Commencing atthe Northeast comer of said North Halfofthe South halfofthe Northwest
quarter ofthe Southeast quarter;.
THENCE North 89"09'2S"West for 2S.97 feettothe Westerly margin ofthe County Road,
the True Point of Beginning;
THENCE North 89"09'2S"West,for 228.0 feettoa point 10S1.0 feetEastof,as measured
at right angles to,theWestline of said North Halfofthe South half of the Northwest
quarterofthe Southeast quarter;
THENCE South 0°10'52"East parallel withsaid West Unefor 80.94 feet;
THENCE South 89014'42"Eastfor 227,25 feettothe West margin of said County Road;
THENCE North 0°16'57"East for 80.59 met tothe True Point of Beginning;
·TOGETHER WITH the West 107S feetofthe following described real estate:
The North halfofthe South halfofthe Northwest quarter ofthe Southeast quarter of .
Section 34,Township 30 North,·Range SEas!,W.M.,andatractof land 24.0feet wide
·along the entire East endofthe North halfofthe South halfofthe Northeast quarter ofthe
Southeast quarter of Section 34,Township 30 North,Range.5 East,W.M.;
·EXCEPT the West 376.06 feet thereof;and .
EXCEPT a strip ofland6.0feet wide running along the South side of said Tract for 675.01
feet.
PARCElB:
Allthat portion ofthe South halfofthe North halfofthe Northwest quarter ofthe
.Southeast quarter ofSection 34,Township 30 North,Range 5 East,W.M.,described as
follows:
Beginning atthe SOutheast comer ofsaid South halfofthe North halfofthe Northwest
quarterofthe Southeast quarter;.
THENCE West 440 feet;
THENCE North 96 feet;
·THENCE East 440 feet;
THENCE South 96feettothe True Point of Beginning.
EXCEPT the East 147feet thereof pursuant to Boundary line Adjustment recorded under
Recording No.9904095015,records of Snohomish County,Washington.
SITUATE Inthe County of Snohomish,State of Washington.
END OF EXHIBIT "A"
610242PC