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HomeMy WebLinkAboutO-2578 - Amends zoning map (Special)4't.• I ., "~. ...J- CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO~S78 U.f &n/l-£!.ur . ~./~ /J1ItSt.. ~"1J-e AN ORDINANCE OF TIIE CITY OF MARYSVILLE AFFIRMING TIIE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTIES OWNED BY WENDALL REDDING AMENDING TIIE OFFICIAL ZONING MAP OF TIIE CITY WHEREAS, Wendall Redding owns one parcel that are approximately 3.9 acres in size generally located south of SR 528, west of 83rd Ave NE, and north of 60th St NE, in the City of Marysville, said property being legally described in EXHIBIT A attached hereto; and WHEREAS, Wendall Redding applied to the City of Marysville for a preliminary plat, preliminary site plan approval, utilization of residential density incentives, and rezone from R-. 6.5 to PRD 6.5 under File No. PA 04029; and WHEREAS, the City Hearing Examiner held a public hearing on said preliminary plat, preliminary site plan approval, residential density incentives, and rezone on March 24, 2005 and adopted Findings of Fact, Conclusions and a Recommendation approving the preliminary plat,preliminary site plan, utilization of residential density incentives, and rezone of Wendall Redding subject to the eleven (11) conditions set forth in the Hearing Examiner's Recommendation dated March 29, 2005; WHEREAS, the Marysville City Council held a public meeting on said preliminary plat,preliminary site plan,utilization of residential density incentives, and rezone on April 25, 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 I. 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- 6.5 to PRD 6..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 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. ~4S D by the City Council and APPROVED by the Mayor thisJ,S+h-day of .2005 . .. CITY OF MARYSVILLE BY~z(~ DENNIS KENDALL, Mayor ATTEST: .R,City Clerk Approved as to form: ByjJ~Ie..LJ~ GRANT~.WEED, City Attorney ORDINANCE - 2 '. Legal Description -Suncrest RidgePRO ExhibitA THE EAST HALF"'"THE SOtJTtlEAST GUARlER OF THE 5COTHEA5T ..'''GVAR1l5KOF ntE'9Ol.J'i'HEAS1·Gltt~'R'fER-oF·'SECllON26,1'OI"IN5l'lIP"30 NORTH,'RA~5 EAST,H.M.;.. COMMENCING AT THE NORTHEAST CORNER OF THE 50VTHEAST GlJARTER ....oF-...THE.6GIJll.f~T·.QVARreR-OF.~ID.~TlQN-26;,.' THENCE HEST ALONG THE NORTH LINE OF SAID sueDlVISION 002 FEET TO THE TRUE POINT OF BEE7INNING; lllENCE CONTItVE WEST ALONG SAID .NORTH LINE 265 FEET; THENCE 50IJTH 6~5 FEET;.. THENCE EAST 265 FEET; .nJENCE NORTH TO THE POINT OF SEGINNING; EXC.EPT THAT PORllON GONVEYEd.TO SNOHOMISH COUNTY FOR ROAD 6Y DEED RECORDED lINDER REGOROINE1 NO.40~24'1; AW'EXCEPT'TAAT'PORTlON'~'tOiAE 'CITY OFMARYSVlL:[El3"( DEED RECOR:DEDUNDER RECORDING NO.QQ0514O'{SO.. (LEGAL DE5GI<IPTION PER FIRST AMERICAN llTLE IN5l..IRANCE COMPANY -oRoER-NO;""!22Q;oB26"106"VA1'ED'JAlVARY '20;2004.) : ,.. ., -, .J .:s;: / 2>4TH STREET N.E. 64TH STREET NE. (5.1<.522»~ \. cSROVE STREET ,. l THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST ""GlUAR-reR-oF n=tE·-sot1fl'lE;A.-ST·GltA"RTE~·OF·:;ECT1ON26,"'~IP"BO NORTH,RANGE 5 EAST,W.M.; .COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER ....GF ..THE.SOVTtlE~T·.QUAAreR-OF.5AlV .f£-GTIQN2o; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 002 FEET TO THE TRUE POINT OF·BEGINNING; THENCE.CONTINUE WEST ALONG SAID NORTH LINE 265 FEET; THENCE SOUTH 6e5 FEET;. THENCE EAST 265 FEET; THENCE NORTH TO THE POINT OF BEGINNING; - EXGEPT THAT PORTION coNVEYED.TO SNOHOMISH COUNTY FOR ROAD 6Y DEED RECORDED UNDER RECORDING NO.4Oe24Gf; AND -EXCEPT 'TAAT'PORTlONWNVEYED TOiAE 'crrr OFMARY5VIlXE---SY DEED RECORDED UNDER RECORDIN6 NO.G1G105140'I50. (LEGAL DESCRIPTION PER FIRST AMERICAN TITLE INSURANCE COMPANY - -'ORDERNO;'422G1::.B26G16bcVATED JANlJARY-20;2004J.J..