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HomeMy WebLinkAboutR-1059 - Denying a rezone to certain property within the city limits~-., j , ",J,. j''", CIT Y 0 F MAR Y S V t'i'L"E I Marysville,Washington " RESOLUTION NO.lOY'!"•" A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A REZONE TO CERTAIN PROPERTY WITHIN THE CITY LIMITS WHEREAS,Robert Gogert has an ownership interest in approximately 1.42 acres of undeveloped real property located behind 5010 -72nd Street N.E.and 7106 -51st Avenue N.E., Marysville,Washington,the legal description of the same being as follows: The South 270 feet and West 50 feet of the following-described tract;the West 132 feet of the East 330 feet of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 28,Township 30 North, Range 5 East,EXCEPT the South 238.16 feet thereof and EXCEPT the North 20 feet for County Road;the South 110.71 feet of the North 330.71 feet of the East 198.0 feet of the Northeast quarter of the Southeast quarter of the Northeast quarter LESS County Road, Section 28,Township 30 North,Range 5 East. WHEREAS,said owner filed a petition with the City Clerk seeking a rezone of said property from the single-family residential classification to the medium-density multiple-family classification;and I~EREAS,the City Planning Commission held public hear- ings on said rezone and submitted formal Findings of Fact and a recommendation in favor of granting said rezone subject to a concomitant rezone contract;and WHEREAS,in response to appeals from aggrieved parties the City Council held a public hearing on said rezone on May 24, 1982 and June 14,1982,and considered all testimony and exhibits presented at said hearing;NOW,THEREFORE, Resolution - 1 ~..~, JI"i'-1-0"'•.' , i •_,f . ..~.. THE CITY COUNCIL OF THE CITY OFcNARYSVILLE;~WASHINGTON, HEREBY ENTERS THE FOLLOWING FINDINGS OF FACT:. 1.The 1978 Marysville Comprehensive Plan designates the property in the medium-density multiple-"fami'lyclassifica- tion.This designates the highest and best use for the subject property which should be realized sometime during the ten-year life of the Comprehensive Plan.The exact timing of such reali- zation will depend upon development of the surrounding neighbor- hood,mitigation of adverse environmental impacts,and the chang- ing needs of the community. 2.There was strong opposition from the surrounding neighbors to the rezoning of the subject property into a multiple- density classification.This was mainly based upon a perception of inadequate roads,danger to public safety,loss of privacy, decrease in property values,and a lack of need for additional housing in the area. 3.The traffic on 51st Avenue N.E.and 72nd Street N.E.has not yet exceeded the physical capacity of said streets, but,particularly at the intersection of said streets,has reached the limit where it is no longer compatible with abutting residen- tial uses. 4.The proposed project would add twenty-two (22) dwelling units to this neighborhood,and the traffic generated by those units would have a significant adverse impact upon 72nd Street N.E.and 51st Avenue N.E.,and the abutting uses as they are presently developed. 5.Neither 72nd Street N.E.nor 51st Avenue N.E.are developed with sidewalks,nor do said streets have marked pedes- trian crosswalks.The proposed project would have an adverse impact upon pedestrian safety. 6.There has been no demonstrated need for additional mUltiple-family housing in the subject neighborhood. 7.The applicant has not provided assurance to the City or to the neighborhood that the exterior design of the pro- posed dwelling units will be compatible with the character of the surrounding single-family neighborhood. Resolution - 2 8.A development of multiple-family dwellings with the proposed density would be incompatible with the present character and use of the surrounding properties,and would result in increased public nuisances and the potential for a decrease in property values. 9.Other reasonable uses for the subject property are available.Such uses could avoid adverse impacts upon public health,safety and welfare by modifying design and density so as to be more compatible with the surrounding neigh- borhood,and by proposing concurrent improvements to the traf- fic and pedestrian infrastructure. Based upon the foregoing,IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS: The above-referenced application of Robert Gogert to rezone the subject property to the medium-density multiple- family classification is hereby DENIED without prejudice.The applicant may reapply for a rezone at any time within one year without the necessity of paying any portion of the application fee which is not directly related to costs advanced by the City for publication. ~ADOPTED by the/City Council and APPROVED by the Mayor this 28i:-day of .,,[IJN E ,1982. THEdZITY MARYSVILLE By ~"'!MAYOR ATTEST: By~8Di£ITYCLERK APPROVED AS TO FORM: B~~Qeee l-ff-V'YATTORNE Resolution -3 •.; r