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HomeMy WebLinkAboutR-1640 - Affirming the decision of the hearing examiner with amendments and approving the preliminary plat and site plan of Johnson Acres subject to conditionsCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION No./~JlO A RESOLUTION OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER,WITH AMENDMENTS,'AND APPROVING THE PRELIMINARY PLAT AND SITE PLAN OF JOHNSON ACRES,SUBJECT TO CONDITIONS,FOR PROPERTY OWNED BY BELMARK INDUSTRIES,INC. WHEREAS,Belmark Industries,Inc.applied for preliminary plat and site plan approval for the Plat of Johnson Acres located on the south side of GIst Street N.E.,east of 53rd Avenue N.E., and north of Pacific Street in the city of Marysville,said property being legally described in Exhibit A attached hereto; and WHEREAS,on July 8,1993 the City Hearing Examiner held a pUblic hearing on said preliminary plat and site plan application,and adopted Findings of Fact,Conclusions and a Recommendation approving said application with conditions;and WHEREAS,on August 23,1993 the Marysville City Council elected to schedule a pUblic hearing to reconsider the Hearing Examiner's recommendation;and WHEREAS,on September 13,1993 the Marysville City Council held a public hearing on said preliminary plat and site plan application and heard testimony from staff,the applicant,and the public;and WHEREAS,as a result of the aforementioned public hearing, the City Council made the following findings and conclusions: 1.Conclusion #10 of the Hearing Examiner shall be amended to read: All property line encroachments/disputes shall be resolved between the parties involved and documentation suitable to the city Attorney shall be provided by the applicant prior to final plat approval. 2.Conclusion #3 of the Hearing Examiner shall be revised to read as follows: A detailed drainage plan shall be prepared by a licensed engineer,which includes a downstream analysis of the impacts related to the direct discharge of storm water into the lOa-year flood plain.This shall be approved by the Public Works Director,the Department of Fisheries,and Diking District No.3.(Condition #2 of MONS.) RESOLUTION - 1 Imsvl/johnsonac.res ...~·'i'..'".,~ 3.Condition #11 of the Hearing Examiner shall be amended to read as follows: city water connections shall be made available to existing residences (or replacement of single-family residences)for the Vickers and Adkinson properties prior to final plat approval by the city council. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.SUbject to the Findings and Conclusions of the Marysville city Council as stated above,the Findings of Fact, Conclusions and Recommendation of the Hearing Examiner with respect to the above-referenced preliminary site plan and preliminary plat application are hereby approved,subject to each of the conditions stated by said Hearing Examiner as modified by the City Council. 2.This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior Court of Snohomish County by writ of Certiorari,writ of Prohibition,or Writ of Mandamus within fifteen (15)calendar days after the passage of this resolution. /{~PASSED by the City council and APPROVED by the Mayor this _day of ~,1993. ATTEST: CITY CLERK form: CITY OF MARYSVILLE By fl,~ MAYOR By ~t:.'-J.-uL/ /CITY ATTORNEY RESOLUTION - 2 /msvl/johnsonac.res EXHIBIT A _.......... LEGAL DESCRIPTION Ibot portion of the Southwest quarter of Section 27,Township 30 North,range 5 East.w'M..lying SOlJtMdy...gf the Southerly right-of-way line of SunnjlSide Boulevard accotding to Snohomish County Road Surveys Number 607 and Number:630;and lying Easterly of the centerline of Clayton A venue according to the vacated plat of Park Addition to MarjlSville,according to the plat thereof recorded in Volume 2 of Plats.page 61.records of Snohomish County,Washington;and lying Westerly of the following described line: Commencing at the Southeast corner of said Southwest quorter;. THENCE North 897"West,along the South line of.said Southwest quarter,a distance of 1294.00 feet to the point of beginning of the line to be described; THENCE North 0:54'East 0 distance of 518.18 feet.to the Southerly right-of-way line of said Sunnyside Boutevora and said line there terminating; EXCEPT the North 214.50 feet of the West 115.50 feet of the above described property. Situate in the County of Snohomish S'tole of Washington.