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HomeMy WebLinkAboutO-2588 - Rezone (Special)J .l CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2.588 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTIES OWNED BYJULIE PALMER AMENDING THE OFFICIAL ZONING MAP OF THE CITY. WHEREAS,Julie Palmer owns two parcels of property,totaling approximately 9.20-acres, generally located on the west side of 83ro Avenue NE,south of 84th Street NE (Getchell Hill),at a site address of 8106 83ro Avenue NE,on Assessor's Parcel Number(s)(APN) 30052300400400 & 20052300401800, said property being legally described in Exhibit A attached hereto; and WHEREAS,Julie Palmer and W&H Pacific applied to the City of Marysville for a rezone from R-4.5 to PRD 4.5, preliminary site plan, preliminary subdivision approval and utilization of residential density incentives, for a single-family planned residential subdivision (PRD) known as "Palmer Place,"under File No. PA 04034; and WHEREAS,the City Hearing Examiner held a public hearing on said rezone,preliminary site plan, preliminary subdivision and utilization of residential density incentives on May 12, 2005 and adopted Findings,Conclusions and Decision recommending approval of the rezone and approving the preliminary subdivision and utilization of residential density incentives for Palmer Place, subject to fourteen (14)conditions;and WHEREAS,the MarysvilleCity Council held a public meeting on said rezone, preliminary sit plan, preliminary subdivision and utilization of residential density incentives on June 27, 2005 and concurred with the Findings,Conclusions and Decision of the Hearing Examiner;NOW, THEREFORE, THE CIIT COUNCIL OF THE CIIT OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS, Section 1.The Findings,Conclusions and Decision of the Hearing Examiner for the above referenced rezone, preliminary subdivision and utilization of residential density incentives are hereby approved,and the above described property described in Exhibit A is hereby rezoned from R-4.5 to PRD4.5. Section 2.The zoning classification for the property described in Exhibit A shall be perpetually conditions upon strict compliance with each of the conditions set forth in the Findings, Conclusions and 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 of Marysville. Section 3. The official Zoning Map of the City of Marysvilleis hereby amended to reflect the reclassification of the property described in Exhibit A. Date of Publication: i ~. Section 4. This decision shall be final and conclusive with the right of appeal by any aggrieved party to 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. Section 5. Severability.If any section,subsection,sentence,clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this ~day of CITY OF MARYSVILLE By:L~J!~ DENNIS KENDALL,MAYOR Approved as to form: By:/]~K{~~ GRANT K.WEED,CITY AURNEY '42-9 los Effective Date:J/olf!os (5 days after publication) ____________________J EXHIBIT A "Palmer Place" Legal Description. South 'I.of the NE ';'of the SE 'I.of Section 23,Township 30 N., Range 05 E., W.M. lying west of the easement of right-of-way for transmission lines granted to Puget Sound Power and Light Co"by instrument filed for record under Snohomish County Auditor's File No. 337353, less the North 605 feet thereof,including an easement in common for egress, ingress and utilities over the South 30 feet of the South 3,4 of the NE V.of the SE Y",from the above property east to the county road.