HomeMy WebLinkAboutO-2537 - Rezone (Special),f\r.,ij . .
CIT Y 0 F MAR Y SV I LL E
Marysville,Washington
ORDINANCE No.;;J,537
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING
THE DECISION OF THE HEARING EXAMINER AND REZONING
PROPERTIES OWNED BY BRUCE &ELIZABETH MARTIN AND
DB JOHNSON CONSTRUCTION,INC.AMENDING THE
OFFICIAL ZONING MAP OF THE CITY
WHEREAS, Bruce &Elizabeth Martin and DB Johnson Construction, Inc. own two
parcels that are approximately 12 acres in size generally located north and south of 61st Place
NE, east of 67'h Ave and south ofSR 528, in the City of Marysville, saidproperty being legally
described in EXHffilT A attached hereto; and
WHEREAS, Bruce &Elizabeth Martin and DB Johnson Construction, Inc. applied to
the City of Marysville for a preliminary plat, preliminary site plan approval, utilization of
residential density incentives, and rezone from R-4.5 to PRD 4.5 under File No. PA 04007;
and
WHEREAS, the City Hearing Examiner held a public hearing on said preliminary plat,
preliminary site plan approval, residential density incentives, and rezone on July 8, 2004 and
adopted Findings of Fact, Conclusions and a Recommendation (sometimes hereinafter the
"Recommendation") approving the preliminary plat, preliminary site plan, utilization of
residential density incentives, and rezone of Bruce and Elizabeth Martin and DB Johnson
Construction, Inc. subject to the eleven (I I) conditions set forth in the city's staff
recommendation with modifications set forth in Conditions A and B of the Hearing
Examiner's Recommendation;
WHEREAS, after application by the City, the City Hearing Examiner issued Findings
of Fact, Conclusions of Law and a Reconsideration Decision (the "Reconsideration Decision")
dated August 21, 2004, withdrawing Condition A of the Hearing Examiner's
Recommendation;
WHEREAS, the Marysville City Council held a public meeting on said preliminary
plat, preliminary site plan, utilization of residential density incentives, and rezone on
September 13, 2004 and concurred with the Findings of Fact, Conclusions and
Recommendation of the Hearing Examiner as modified by the Reconsideration Decision,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section I The Findings of Fact, Conclusions and Recommendation and
ORDINANCE - 1
Reconsideration Decision 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?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 and Reconsideration Decision 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.
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.
!':/l ~SSE!_by the City Council and APPROVED by the Mayor this /3~day of
~,~.::..<::l~=--:..:..:J,,~l->'2004.
:}CL~
DENNIS KENDALL, Mayor
ATTEST:
Approved as to form:
BYD;vvrJ;:/<WJ
dRANT K.WEED, City Attorney
Date of Publication:q-/5-I)4-
Effective Date (5 days after publication):q -.20 -/J'1
ORDINANCE - 2
5.lEGAL DE~PllON -PORllO«Of'61ST PLACE N.E.(NOT A PUIlUC
THOROUGHfARE AS NOTED ABOVE)
THAT PORllON Of''!HE SOUTHEAST QUARTER Of'THE SOUTH\\EST QUARTER
SECllON 26,TOYttlSHIP 30 NORTH,RANGE 15 EAST,W.U.IN THE OTY Of'
UARYSVlUE,SNOHOMISH COUNTY,WASHINGTON,DESCRIBED AS fou.OWS:
COt.lMENONG AT THE SOUTH\\EST CORNER Of'SAID SUBDIVISION;THENCE
Noo'33"29"W,ALONG THE \\EST UNE Of'SAID SUBDIVISION,"43.87 FEET;THENCE
.N88"31'OiE 363.00 FEET;THENCE Noo"33'29"W PARALLD.WITH THE \\EST UNE
Of'SAID SUBDIVISION,30.00 FEET TO THE POINT Of'BEGINNING Of'THE HEREIN
DE~BED TRACT;THENCE N88"31'07"E 92.09 FEET;THENCE N00"33'29"W
PARALLD.WITH SAID Vt£ST UNE;THENCE S88"31'OiW 92.09 FEET;THENCE SOO'
33'29"E PARAUEL WITH SAID \\EST UNE,30.00 FEET TO THE POINT Of
BEGINNING.
CONTAINS 2,763 :I:SQUARE FEET (0.0634 :I:ACRES)