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HomeMy WebLinkAboutR-1395 - Granting a RUSA variance to the Stillaguamish Tribe for water and sewer connections to property located at the intersection of Highway 99 and Highway,--------:-------------------------------------_._-- •.."i' CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./3£15" A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A RUSA VARIANCE TO THE STILLAGUAMISH TRIBE FOR WATER AND SEWER CONNECTIONS TO PROPERTY LOCATED AT THE INTERSECTION OF HIGHWAY 99 AND HIGHWAY 530. WHEREAS,on May 4,1989 the Stillaguamish Tribe applied to the City of Marysville for a RUSA variance seeking water and sewer connections to property located at the intersection of Old Highway 99 and Highway 530,the legal description of which is attached hereto as Exhibit A;and WHEREAS,the Stillaguamish Tribe intends to develop said property by construction of 16,380 square feet of light industrial and office buildings which will be occupied by tribal- owned enterprises and a tribal business incubator.No facility on the property will be used for bingo or other gambling activities,or for the sale of tobacco products or liquor;and WHEREAS,the subject property is outside of RUSA,and no utility connections can be granted without the issuance of a variance pursuant to section 14.32.060(d)of the Marysville Municipal Code;and WHEREAS,the City Council held a public hearing on the variance application on May 22,1989 and considered all evidence and exhibits presented at said hearing,together with the rules, regulations,plans,policies and goals of the city utility system;and WHEREAS,the City Council found that the following unique circumstances apply to the sUbject property: a.80%of the site will be covered with impervious surfaces after the project is constructed; b.The property is within the 100-year flood plain of the stillaguamish River; c.There is no source of public utilities for the property other than the City of Marysville;PROVIDED,that the city of Arlington is presently negotiating with Marysville to take over Marysville's utility lines in this area.Arlington has indicated that if it becomes the utility purveyor,it will consent to the terms of this variance. d.The property is not large enough to accommodate an Resolution - 1 , 1 on-site sewage disposal system if it is going to be developed with an economically-viable business/industrial park; e.The proposed occupancy of the property will be low intensity from a water consumption standpoint; f.The Stillaguamish Tribe has agreed to cooperate with the city with respect to the City's continuing use of the Stillaguamish River as a pUblic water source.It is recognized that said source is critical for water service to the subject property; g.Evidence was provided that well water on the SUbject property is too poor to support human or business occupancy. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The city of Marysville hereby grants a utility variance to the Stillaguamish Tribe for water and sanitary sewer connections for business and industrial park development of the above- described property on the following terms and conditions: 1.This variance shall not be effective unless and until Snohomish County grants zoning approval for the construction of a business/industrial park on the SUbject property. 2. Snohomish water and This variance shall not be effective unless and until County grants a Shoreline Permit for the extension of sewer lines to serve the subject property. 3.Prior to property,the city for said property. first completed to water or sewer connections to the SUbject of Arlington must become the utility purveyor To accomplish this,the following must be the satisfaction of the City of Marysville: a.Arlington must contract with Marysville to purchase and assume full legal responsibility for the sewer and water mains in this area which will serve the subject property. b.Arlington must receive approval from the Snohomish County Boundary Review Board of a utility service area which includes the SUbject property. 4.Consumption from all water connections on the subject property shall be limited to 30,000 gallons per month.PROVIDED, that after Arlington becomes the water purveyor this limitation is SUbject to modification by the Arlington City council. Resolution - 2 .'.. 5.This variance shall become null and void if the utility connections are not completed in compliance with all applicable codes and requirements within six (6)months of the date hereof. The decision of the City Council on a utility variance is final,and no similar application for the same property may be filed for a period of six (6)months hereafter.Any party aggrieved by this decision has a right to file an application for writ of Certiorari in the Snohomish County Superior Court, provided that said application must be filed and served within a 20-day period after the date of this decision. _~PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS M-m DAY OF n.(?,N/MJ</J ,1989. CITY OF MARYSVILLE Mayor Attest: ~'"~:'{f~ityClerk Approved as to form: Resolution - 3 ~"~~ •.~.'j EXHIBIT A LEGAL DESCRIPTION .All that portion of the Northwest quarter of the southeast quarter and the Northeast quarter of the Southwest quarter of Section B.Township 31 N.Range 5 E~.W.M.lying South of secondary State Highway No.l-E Right-of-way.sometimes known as the Arlington-Haller city Road. Northeasterly of the Old State Road No.1 and Northwesterly of the connecting road between said Arlington-Silvana Road and the Old State Road No.1. Old Highway 99 will be altered by a straight through connection to State Ilighway 530.Displaced portions of roadway will be removed through boundary line adjustments.The Tribal property shall then consist of a rectangular parcel of property located on the Southeast corner of the new intersection.