HomeMy WebLinkAboutR-1665 - Denying an application for rezone preliminary site plan and preliminary plat for property owned by Keith and Ruth Walla/Whiskey Top, Inc. for the prop~
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO. /tb S-
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING AN
APPLICATION FOR REZONE, PRELIMINARY SITE PLAN,AND
PRELIMINARY PLAT FOR PROPERTY OWNED BY KEITH AND RUTH
WALLA/WHISKEY TOP,INC.FOR THE PROPOSED PLAT OF WHISKEY
TOP.
WHEREAS,Keith and Ruth walla/Whiskey Top,Inc.own
approximately 4.71 acres located on the west side of 83rd Avenue
N.E.,approximately 900 feet south of 75th Street N.E.commonly
known as 7727 -83rd Avenue N.E.,said property being legally
described in Exhibit A attached hereto;and
WHEREAS,said owners applied to the City for.a rezone from
RS 12,500 to PRO 9600,for a preliminary site plan and
preliminary plat approval under File No.PA 9303009;and
WHEREAS,the city Hearing Examiner held a public hearing on
said rezone,preliminary site plan and preliminary plat on
October 7,1993,and on October 14,1993 said Hearing Examiner
adopted Findings of Fact,Conclusions,and a Recommendation
approving the rezone,preliminary site plan and preliminary plat,
subject to 14 conditions;and
WHEREAS,an appeal to the decision of the Hearing Examiner
was filed on October 28,1993;and
WHEREAS,on November 1,
meeting,the Marysville City
hearing on said application.
December 13,1993;and
1993 at its regular city Council
Council opted to hold its own public
A public hearing was scheduled for
WHEREAS,on December 13,1993 the Marysville City Council
conducted a pUblic hearing on said application and heard
testimony from city staff,the applicant,applicant's
representatives,the appellant,the appellant's representatives,
and the general pUblic;and
WHEREAS,as a result of said pUblic hearing,a public record
was established consisting of 21 exhibits contained in the City
Council agenda packet,additional written materials submitted on
the record during the course of said public hearing,and the
pUblic testimony referenced above;and
WHEREAS,after due consideration and deliberation concerning
the entire record;NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON AS FOLLOWS:
RESOLUTION - 1
/msvl/walla.res
l.
and the
for the
The decision of the Hearing Examiner is hereby
proposed rezone,site plan,and preliminary plat
proposed plat of Whiskey Top is hereby denied.
reversed
approval
2.In conjunction with the denial of the sUbject
application,the Marysville city council does hereby make the
following Findings of Fact and Conclusions:
a.The sUbject property is a "transitional"area
between urbanizing and rural properties.The subject
property is more appropriate for larger lots.
b.83rd Avenue N.E.is the present boundary for the
Interim Urban Growth Boundary which is required under the
state Growth Management Act.While the subject property is
within the IUGB,the properties on the other side of the
street are not,and hence it is appropriate to treat the
subject property as a "transitional"area.Building lots
which are consistent with the present 12,500 zoning are thus
more appropriate than the PRO 9600 zoning,which under the
applicant's proposal would allow for building lots of less
than 6,000 square feet.Lots of this size are not
appropriate in this transitional area.
c.The applicant's request for rezone and preliminary
plat is not compatible with the purpose of the Planned
Residential Development ordinance set forth in Marysville
Municipal Code §19.48.010(f)as the proposal does not
produce an environment of stable character in harmony with
the surrounding development,particularly in light of the
size of the proposed lots.
d.The nearby Plat of Northpointe which is the plat
closest i?~proximity to the proposed plat has been developed
under the 12,500 zoning designation.Development of the
applicant's property under the PRD 9600 designation is not
compatible with surrounding properties such as the Plat of
Northpointe.
3.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
3rd day of January,1994.
RESOLUTION - 2
/msvl/walla.res
CITY OF MARYSVILLE
fl;)~
MAYOR
CITY CLERK
form:
ATTEST:
BY_~...!....:.··/;l;.~;G~2...:-~~~~
By f)t\~K:(J.w/)
?.v CITY ATTORNEY
RESOLUTION - 3
/msvl/walla.res
PARCEL A:
206 653 9145 P.02
Order No .
••;iPLATCBRTIFICA
SCHEDULE A
Page 2
S;';ORT
11RRYSV ILLE PUBLl C \>.IDRI<S
d referred t.o in this commitment is situated ill the COUilC:y of
st.ate of Washington.and described as follows:
The south half of the southeast ~larter of the northeast ~uar:e~jf
the northeast quarter of Section 26,Township 30 r~orth.F,.?nq'2 S
East,W.M.,in Snohomish County,Washington;
EXCEPT the north 125 feel thereof;and
EXCEPT the east 20 feet conveyed to Snohomish County for ruac by
instrument recorded under Recording Number 182635.
,
.;.','"C.JAN-04-1994 10:03
PARCEL B:
The north 125 feet of t.he south half of the sout.ne aar;qu a r t e r 0=the
northeast quarter of the northeast quarter cE Section 26.Towp.s~ip
30 North,Range 5 Ea.st.W.M.,in Snohomish County,Washi:l'jtPtlj
EXCEPT Ll18 east 20 ·feet conveyed to Snohomish Count.y f or road by
instrument recorded under Recording Number 182635.
E~~OF SCHEDULE A