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Home My WebLink AboutO-2693 - Affirms hearing examiner rezone decision (Special)Cc:~~ ~~ /?1te.sG CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2~73 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTIES OWNED BY ELWYN &GULSER WOOD AND MICHAEL SNYDER AMENDING THE OFFICIAL ZONING MAP OF THE CITY WHEREAS,Elwyn &Gulser Wood own one parcel that is approximately 15.75 acres in size and Michael Snyder owns one parcel that is approximately 4.5 acres in size generally located south of Sunnyside Blvd, west of Jones Creek, and east of 57th Drive NE, in the City of Marysville, said property being legally described in EXHIBIT A attached hereto; and WHEREAS,Elwyn &Gulser Wood and Michael Snyder applied to the City of Marysville for a preliminary plat, preliminary, site plan approval, and rezone from R-4.5/6.5 to PRD 4.5/6.5 under File No. PA 06016; and WHEREAS, the City Hearing Examiner held a public hearing on said preliminary plat, preliminary site plan approval, and rezone on March 15, 2007 and adopted Findings of Fact, Conclusions and a Recommendation approving the preliminary plat,preliminary site plan, and rezone ofElwyn &Gulser Wood and Michael Snyder subject to the ten (10) conditions set forth in the Hearing Examiner's Recommendation dated March 22, 2007; WHEREAS, the Marysville City Council held a public meeting on said preliminary plat,preliminary site plan, and rezone on April 23, 2007 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 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, and rezone are hereby approved, and the above described property is hereby rezoned from R-4.5/6.5 to PRD 4.5/6.5. 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 ofthe Hearing Examiner. Violation ofany ofthe conditions ofsaid decision may result in reversion of the property to the previous zoning classification and/or may result in enforcement action being brought bythe City. ORDINANCE - 1 Section 3. The official Zoning Map of the City of Marysville is hereby amended to reflect the reclassification ofthe above-described property. Section 4. This decision shall be final and conclusive with the right ofappeal 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. ~by the City Council and APPROVED by the Mayor thisc23tcP day ofA·,2007~, CITY OFMARYSVILLE By~~b DENNIS KENDALL,Mayor ATTEST: A'~ , City ClerkL/>ep ",h.i) Approved as to form: Byj)~1(.Uuf) GRANT K. WEED, CityAttorney Date ofPublication:4 ~'2.5-P7 Effective Date (5 days after publication):if -3t"~"7 ORDINANCE -2 LEGAL.DESCRIPTION EXHIBIT A ·SNYDER·PROPERlY THAT PORTION OF SECTION 34,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER SECTION CORNER;THENCE EAST 20 RODS; THENCE SOUTH 43 RODS;THENCE SOUTHWEST 6.7 RODS TO A POINT 49 RODS SOUTH OF A POINT 17 RODS EAST OF THE NORTH QUARTER SECTION CORNER; THENCE SOUTH TO THE SOUTHWESTERLY LINE OF COUNlY ROAD;THIS AS THE ·TRUE POINT OF BEGINNING;THENCE SOUTHEASTERLY ALONG SAID ROAD TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER;THENCE WEST ALONG SAID LINE TO A POINT 25 RODS WEST OF THE SOUTHEAST CORNER THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER;THENCE NORTH TO THE SOUTHWESTERLY LINE OF SAID COUNlY ROAD;THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE crrr OF MARYSVILLE BY INSTRUMENT RECORDED APRIL 01, 2005 UNDER RECORDING NO.200504010093, ·RECORDS OF SNOHOMISH COUNlY,WASHINGTON EXCEPTIONS -NONE MAPABLE (SNYDER)FIRSTA/v1ERICAN TITLE INSURANCE CO.NO.4204-571433 DATED AUGUST 16, 2005 WOOD PROPERlY ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,TOWNSHIP 30 NORTH,RANGE 5 EAST,WM,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER;THENCE NORTH 88'59'00"WEST ALONG SOUTH LINE OF SAID SUBDIVISION 412.5 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUE ALONG SAID LINE NORTH 88'59'00"WEST 170.5 FEET;THENCE NORTH 0'14'00"WEST PARALLEL TO EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER 1008.32 FEET ;THENCE SOUTH 88'59'00·EAST 63.75 FEET; THENCE NORTH 0'14'00"WEST 283.50 TOA POINT ON THE SOUTHWESTERLY LINE'.I OF SNOHOMISH-MARYSVILLE PAVED HIGHWAY;THENCE SOUTH 53"11'EAST ALONG ·SAID SOUTHWESTERLY LINE A DISTANCE OF 11.21 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;THENCE ALONG SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 1402.70 FEET AND CONSUMING AN ANGLE 5'10'12"FOR 126.57 FEET; THENCE SOUTH 0'14'00·EAST PARALLEL TO EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER FOR 17.07.59 FEET TO TRUE POINT OF BEGINNING.. EXCEPTIONS -NONE MAPABLE '-.