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HomeMy WebLinkAboutO-2497 - Rezone (Special).~-I ". --------------- \.-.~ CIT Y 0 F MAR Y S V I LL E Marysville,Washington ORDINANCE NO.J.'-l '::1'7 cc: AN ORDINANCE OF THE CITY OF MARYSVILLE AFFlRM1NG THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTIES OWNED BY CRAIG AND BARBARA NILSON AMENDING THE OFFICIAL ZONING MAP OF THE CITY WHEREAS, Craig and Barbara Nilson own one parcel that is approximately 4.64 acres in size located east of 75th Ave NE, south of 52 nd Street NE and east of 79 th Ave NE, in the City of Marysville, said property being legally described in EXHIBIT A attached hereto; and WHEREAS,Belmark Industries, Inc. and Craig and Barbara Nilson applied to the City of Marysville for a preliminary plat, preliminary site plan approval, utilization of residential densityincentives, and rezone from R-4.5 to PRO 4.5 under File No. PA 0304010; and WHEREAS,the City Hearing Examiner held a public hearing on said preliminary plat, preliminary site plan approval, residential density incentives, and rezone on August 14th ,2003 and adopted Findings of Fact, Conclusions and a Recommendation approving the preliminary plat, preliminary site plan, utilization of residential density incentives, and rezone of Belmark Industries, Inc. and Craig and Barbara Nilson subject to 8 conditions; 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 October 13-, 2003 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, 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 PRO 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. PASSED by the City Council and APPROVED by the Mayor this dJ-tA day of ~,2003. CITY OF MARYSVILLE l~tJ~BY---,~=L-~~~U-__ DAVID A.WEISER, Mayor ATTEST: BY~~0ERRYBE R,City Clerk Approved as to form: Date of Publication /I.5 '0 3 EffectiveDate (5 days after publication):1(·I (),0 3 ORDINANCE - 2 r":-----------------------------------------. Legal Description -Morgan Crossing Preliminary Plat Tract 109,Sunnyside FiveAcre Tracts,According to theplatthereofrecorded in Volume 7,of plats,page 19,records of Snohomish County,Washington. Situate inthe County of Snohomish,Stateof Washington.