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HomeMy WebLinkAboutO-2597 - Rezone (Special)". r ".~. CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.,J.~97 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OFTHE HEARING EXAMINER AND REZONING PROPERTIES OWNED BY ALTA BRODIE AMENDING THE OFFICIAL ZONING MAPOFTHECITY WHEREAS, Alta Brodie owns two parcels that is approximately 8.3 acres in size located east of 79lh Ave NE, north ofSS lh Place NE, and south OfS8lh Place NE, in the City of Marysville, said property being legally described in EXHIBIT A attached hereto; and WHEREAS, Alta Brodie applied to the City of Marysville for a preliminary plat, preliminary site plan approval, lifting of the 6-year forest practice moratorium, utilization of residential density incentives, and rezone from R-6.S to PRD 6.S under File No. PA OSOOS; 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 28, 200S and adopted Findings of Fact, Conclusions and a Recommendation approving the preliminary plat, preliminary site plan, lifting of the 6-year forest practice moratorium, and utilization of residential density incentives, and rezone of Alta Brodie subject to 9 conditions; and WHEREAS, the Marysville City Council held a public meeting on said preliminary plat,preliminary site plan, and rezone on September 12, 200S and concurred with the Findings of Fact, Conclusions and Recommendation ofthe 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, lifting of the 6-year forest practices moratorium, 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.S 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 ORDINANCE - 1 .. reflect the reclassification of the above-describedproperty. 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. ~P4SSfD by the City Council and APPROVED by the Mayor this JJ..f:I...day of --'~==l,l:=------':-~---"2005. CITY OF MARYSVILLE BY~~;{kJv DEN}ilSKENDAlL,Mayor ATTEST: R,CityClerk Approved asto form: BM~~~i~ Date of Publication:OJ {,ttl0 5 Effective Date (5 days afterpublication):~Il:){OS ORDINANCE -2 ·'i .... Order No.Be:.2.0087233 EXHIBIT "A" TRACTS 34 AND 39 OF SUNNY SIDE Five ACRETRACTS, AS PEP.PLAT RECORDED IN VOLUME 7 OF PLATS,PAGE 19,RECO~DS OF SNOHOMISH cousrr AUDrt'OR; EXCEF'T TH"T POR'rION CONVEYED TO PUBUC UTllTIY DISTR!CT NO.1 OFSNOHOI'1ISH COUNT{. BY DEED RECORDED UNDER RECORDING NO.1884919:. SITUATE IN THE CITY or MARYSVILLl:,COUNTY OF SNOHOMISH,STATE OF WASHINGTON.