HomeMy WebLinkAboutO-2560 - Rezone decision affirmed (Special)------------~---_._._-----_._------------------------~
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2S60
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING
THE DECISION OFTHE HEARING EXAMINER AND REZONING
PROPERTIES OWNED BY PETER HEGGE AMENDING THE
OFFICIAL ZONING MAP OFTHE CITY
WHEREAS, Peter Hegge owns two parcels that are approximately 10 acres in size
generally located east of rs"Ave NE and north of 56 th Place NE, in the City of Marysville,
said property being legally described in EXHIBIT A attached hereto; and
WHEREAS,Peter Hegge 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 04013; and
WHEREAS, the City Hearing Examiner held a public hearing on said preliminary plat,
preliminary site plan approval, residential density incentives, and rezone on December 16,
2004 and adopted Findings of Fact,Conclusions and a Recommendation approving the
.preliminary plat,preliminary site plan,utilization of residential density incentives, and rezone
of Peter Hegge subject to the nine (9)conditions set forth in the city's staff recommendation
with modifications set forth in the Hearing Examiner's Decision dated 12/27/2004;
WHEREAS,the Marysville City Council held a public meeting on said preliminary
plat,preliminary site plan,utilization of residential density incentives,and rezone on January
24" 2005 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 and
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 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 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.
ORDINANCE -1
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 COUli 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).c.f.'C/..,day of
~~_,2005
ATTEST:
Approved as to form:
By~(<:(,tJJ
GRANT K. WEED, City Attomey
Date of Publication:2.-2 -CJ 5"
Effective Date (5 days after publication):Z--7 -t)S
ORDINANCE - 2
LEGAL DESCRIPTION -PALISADES SOUTH
Tracts 36 &37,Sunnyside Five Acre Tracts,According to the plat thereof, recorded in
Volume 7 of Plats, Page 19, Records of Snohomish County,Washington.