HomeMy WebLinkAboutO-2622 - Affirms hearing examiner rezone decision (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;)b#
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AN ORDINANCE OF THE CITY OF MARYSVIU.E AFFIRMING THE
DECISION OF THE HEARING EXAMINER AND REZONING A PARCEL OF
PROPERTY OWNED BY KRG/WLM MARYSVILLE,LLC AMENDING THE
OFFICIAL ZONING MAP OF THE CITY
WHEREAS,KRG/WLM Marysville,LLC owns a parcel of property that is approximately
0.95-acers in size IDeated within the City of Marysville,directly abutting the southside of 120'h Street
NE,west of 36t/l Drive NE &east ofl-5,encompassing a portion of Parcel H ofELA 05004
recorded under AFN 200506155001,said property being legally described in Exhibit A attached
hereto;and
WHEREAS,White-Leasure Development Company submitted an application to the City of
Marysville requesting a site specific PROJECT action Rezone from CB (Community Business)to R-18
(Medium Density Multi-family), in order to short subdivide the property into five (5) single-family lots,under
a separate development application;and
WHEREAS,the City of Marys...-illc Hearing Examiner held a public hearing on said rezone
application on March 9,2006 and adopted Findings,Conclusions and Recommendation approving
the rezone request subject to four (4)conditions;and
WHEREAS,the Marysville City Council held a public meeting on said rezone on April 10,
2004 and concurred with the Finding,Conclusions and Recommendation of the Hearing Examiner;
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVlLLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.The Finding,Conclusions and Recommendation of the Heari.ng Examiner with
respect to the above referenced rezone are hereby approved,and the property described in Exhibit
A is hereby rezoned from CB (Community Business)to R-18 (Medium Density Multi-family).
Section 2.The zoning classification for the property described in Exhibit A shall be
perpetually conditioned upon strict compliance with each of the conditions set forth in the Findings,
Conclusions and 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 of Marysville.
Section 3.The official zoning map of the City of Marysville is hereby amended to reflect the
reclassification of the property described in Exhibit A.
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 secrion,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 /tft.day of
~,2006.
CITY OF MARYSVlLLE
By:
DENNIS KENDALL,MAYOR
Attest~
By:U~
~Cr£RK
Approved as to form:
By:.A~WyJJ
GR.ANT K WEED,ClTY ATTORNEY
Date of Publication:OLf 2..0 ~
Effective Date:0 Ylnlota
(5 days after publication)
EXHIBIT A
LEGAL DESCRIPTION OF REZONE AREA
THE NORTH 125.00 FEET OF PARCEL H OF CITY OF MARYSVILLE BOUNDARY LINE
ADJUSTMENT NUMBER BLA 05-004 AS RECORDED UNDER SNOHOMISH COUNTY
AUDITOR'S FILE NUMBER 200506155001
PARCEL H LEGAL DESCRIPTION IN ITS ENTIRETY
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 9,TO\\/NSHIP 30 NORTH,RANGE 5 EAST,W.M.;THENCE,ALONG THE
MONUMENTED SOUTH LIN E Of SAID NORTHWEST QUARTER,SOUTH 87°34'02"
EAST 371.38 FEET;THENCE NORTH 2°25'58"EAST 80.00 FEET TO THE
INTERSECTION OF THE NORTH RIGHT-Of-WAY MARGIN OF 1161"H STREET NE
WITH THE WEST RIGHT-OF-WAY MARGIN OF 36TH AVENUE NE;THENCE,ALONG
SAID WEST MARGIN,NORTH 21"10'14"EAST 98.50 FEET AND NORTH 1°27'17"EAST
866.99 FEET TO THE NORTHEAST CORNER OF LOT 10 OF SURI)RENANT ADDrnON
ACCORDING TO THE PLAT THEREOF RECORDED TN VOLUME 23,Of-PLATS,PAGE
9,RECORDS OF SNOHOMISH COUNTI AUDITOR;THENCE,ALONG THE NORTH
LINE OF SAID LOT 10,NORTH 87°30'42"WEST 118.39 FEET TO THE \VEST LINE OF
SAID SURPRENANT ADDITION AND THE TRUE POINT OF BEGINNING;THENCE,
ALONG SAID \,\lEST LINE,NORTH 1"27'17" EAST 274.89 FEET TO THE SOUTH RIGH1'~
OF-WAY MARGIN OF 120111 STREET NE;THENCE,ALONG SAID MARGIN,NORTH
87°321 '49"WEST 335.56 FEET TO THE EAST RIGHT-OF-WAY MARGIN OF
INTERSTATE 5;THENCE,ALONG SAID EAST 1vL\RGIN,SOUTH 0°13'25"EAST 274.95
FEET TO THE EXTENDED NORTH LINE OF SAJD LOT 10;THENCE,ALONG SAID
EXTE1\'DED NORTH LINE,SOUTH 87"30'42" EAST 327.51 FEET TO THE POINT or
BEGINNING.
CONTAINING AN AREA OF 91,088 SQUARE FEET OR 2.091 ACRES.