Loading...
HomeMy WebLinkAbout4354 ORDINANCE NO., AN ORDINANCE amending the official zoning map of the City of Bremerton for property located at 6525 Kitsap Way, Bremerton, Washington. WHEREAS, an application has been submitted to rezone real property located at 6525 Kitsap Way, Bremerton (the property); and WHEREAS, the Bremerton City Council conducted public hearings to consider the request to rezone the property from Neighborhood Business (NB) to General Business (GB) on June 13, 1990 and on August 22, 1990; and WHEREAS, following the August 22, 1990, public hearing, it was agreed to restore to the property some land uses that were previously allowed under the "B-2" zone of the City's former zoning ordinance; and WHEREAS, the granting of a rezone subject to a Concomitant Rezone Agreement will protect the surrounding neighborhood from non-compatible uses of the property and will limit the uses of the property to those specified in the Concomitant Rezone Agreement; and WHEREAS, the Bremerton City Council finds that this rezone with the Concomitant Rezone Agreement will serve the public interest of the citizens of Bremerton; and · WHEREAS, the Bremerton City Council has made Findings of Fact and Conclusions of Law which are attached hereto and incorporated herein by this reference; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. The property located at 6525 Kitsap Way and described in Exhibit "A" of the attached Concomitant Rezone Agreement shall retain its zoning designation of "Neighborhood Business (NB)"; Provided, however, that the future uses of said property shall include all uses of the "Neighborhood Business" zone and some specific land uses of the "B-2" zone of the C;ty's former zoning ordhnance, subject to the prov,~sions of the attached Concomitant Rezone Agreement which is hereby adopted and incorporated herein by reference. Section 2. This ordinance shall become effective ten (10) days from passage and publication; Provided, however, That if David Heeter, the property owner, fails to sign the attached Concomitant Rezone Agreement within nine (9) days of passage, the property shall remain subject to all of the requirements of the Neighborhood Business (NB) zone. APPROVED by the City Council of the City of Bremerton this day of ~.~,..19~[1 ~,iS. 00KITSAP COUNTY CHCK FILED-BY: BREMERTON CITY OF FEB It, t992, t:22 PI'I KAREN FLYNN, AUDITOR &E~K. GILMORE A.F.#: 9202tt0092 REEL 0629 F R t576 CONCOMITANT REZONE AGREEMENT Heeter Rezone - RZ-03-90 THIS AGREEMENT is made and entered into this /~,~ day of '~J . 1992 by David L. Heeter, hereinafter referred to as "Owner". ~--I~ #1~:::)~--~'~1~ ~;~ ~' [~il~ WlTNESSETH: WHEREAS, the Owner is the title holder of certain real property located at 6525 Kitsap Way, Bremerton, Washington ("The Property"), the same being legally described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. Situated in the County of Kitsap, State of Washington; and WHEREAS, the Owner has developed the property for retail carpet sales and has applied to the City of Bremerton for a rezone of the Property from the Neighborhood Business classification to the General Business classification; and WHEREAS, the City of Bremerton has found that it is in the public interest to return some uses under the B2 zoning designation with the banner of Neighborhood Business, provided that the future uses of the property are limited as herein provided and hereafter considered to be an integral part of the zoning restrictions applicable to the property, NOW, THEREFORE, the Owner agrees as follows: The future uses of the property shall be limited to the Neighborhood Business (NB) zone uses and the uses identified on Exhibit "B", subject to the restrictions of this agreement. 1. BASIC REQUIREMENTS: The property shall comply with the following basic requirements: A. All business, service, repair or processing, storage or merchandising display shall be conducted wholly within an enclosed building except as modified by this section and except for those facilities designed to accommodate customers in their automobiles. -1- B. No single retail business permitted on this property shall occupy a building containing more than 10,000 square feet of gross floor area. C. All goods produced on the premises shall be sold at retail on the premises. D. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water carried waste. /~,. F = # =' 92192 ~1 ~. 0(]192 REEL 0629 FR 1580 E. Any outdoor principal or accessory use on this property which adjoins premises situated in a Residential district shall provide an unbuilt-upon screening area of not less than 25 feet in width, as required by Ordinance No. :3546. F. Signs shall be located 50 feet or more from any Residential District. G. All principle uses except service stations shall be oriented to pedestrian needs and be so located and designed to discourage vehicular interference with pedestrian safety. H. Maximum Building Height: 30 feet above highest elevation of sidewalk adjacent to residential zone. 60 feet otherwise. I. Minimum Lot Area: None for non-residential development. d. Maximum Building Coverage: Same as Neighborhood Business Zone requirement. K. Front setback: Same as Neighborhood Business zone requirements. L. Side Yard: Same as Neighborhood Business zone requirements. M. Any new commercial construction or development shall be required to receive site plan approval from the Bremerton Planning Commission and City Council in accordance with the conditions contained in Ordinance No. :3546. N. The Zoning Code in effect at the time of any future development or permit application shall apply as to any provisions that may be incidental or supplemental to those uses, terms and provisions set forth herein. -2- 2. LEGAL REQUIREMENTS: The Owner and his successor and assigns shall comply with all City laws and regulations applicable to the development and use of the property, and nothing herein shall be construed as superseding said laws and regulations. 3. RECORDING: This Agreement shall be filed in the Records of the Kitsap County Auditor for the Purpose of subjecting the Property to the restrictions, conditions and limitations herein set forth which are intended and shall have the force and effect of deed restrictions, and shall be deemed to be covenants running with the land and binding upon the Owner, his successors and assigns. 4. ENFORCEMENT: Any violation of this Agreement by the Owner, his successor or assigns shall be considered a violation of the Bremerton Zoning Code and shall be subject to all applicable penalties. In addition to said remedies, City of Bremerton may also elect to bring such action or actions as will accomplish the specific performance of this Agreement. ~r_~# ~:~D~l ~~ 5. CONSTRUCTION OF THE AGREEMENT: This Agreement is concomitant with the action of the City of Bremerton rezoning the property to return some uses under the B-2 zoning designation. Nothing herein shall be construed as being agreed to in consideration for rezone, nor does the City relinquish its legislative power with respect to said rezone, nor the power to rezone the property in the future, in consideration for this Agreement. 6. EFFECTIVE DATE: This Agreement shall become effective upon final approval by the City of Bremerton of the rezone of the property, subject to this Agreement. IN WITNESS WHEREOF, the Owner has caused these presents to be executed in his name on the date and year first above written. OWNER: DAVID L. HEETER -3- AUDITORS NOTE LEGI~LITY FOR RECORPING ANO COPY~G UNSATISFACTORY IN A PORTION OF TH~ INSTRUMENT WHEN RECEIVED. Exhibit "A" LEGAL DESCRIPTION Thee portion of CovErnaE·t LoC i. Sectlo~ 0. Township 24 £E,t. ¥.X.. deBcrLbsd as t with the Southueiteriy line of State Highway ~o. end reaming thence ~orth oBOes'aG- West 311.77 Feet to tho ~orthElitcrly line of the Old Lake Kltssp County Road; ' thence ~orth 39°36*00° Welt 20 feet I]Oflg told ~orthEaeterly lids to the trul point a~ bctlflflln[; thence ~orth 40034~00' Cast 14O ~eet to the Southwsetsr]y lin· of st·t· HI(away ~o. .thence ~orth,&,torly elnng amid Southwesterly line to Its with the KorthuOEtOrly line or the Old toke Kltlap County Ko&d; t~face SoutheaSterly alone BaLd NorthcnEtErly line to tho true point of [XC£PT portion'thereof, heretofore COnVeyed to 3trite of velhlnwton by dead recorded under Auditor'] ~ls No. 3o3290, described es /olloul: A trier of lind I~ Lot I. Section 9. Township Z4 ~orth, W.N.. described aB Sellout: Coeaencl~g at. the ~orthenst corner of laid Section I; Ind roil·Lng thence South tS 31'.43' WOOl along tho South Section line. · dl,tanci of 1307.9 feet to an lotEreEctlon with the semi-tanrest of a curve on tho center line ElId PrLairy State HiEhway ~o. ti. Urcncrtofl to Kltesp Lake; line. I disC&nee of 06¢.0 ~ect to HlthUEy Enginalr Station 207 plum tbEncl 1'caving slid center line. ~nd rennin[ South 30000* Weal, · diltince of ~O fict to in lflterlectJon itth the axlstln~ Southerly rathe-of-nay line o~ said Primary Still Highway No. 21. and tho true th,ace continuing South 30000, Wept · distance of l0 th,nc, on the irc of · curve to tho lift. with · radium of 36 Feet. · · dlltince or 44.i f.,t to an Infirm.etlon with tho 3orthealt,r~y of the O~d Lika Kltlsp Couaty Road: thence ~ar.thu.,t,rXy ·lon~ the 3orth,ast,rly lie, of said county road. · dletinc, of IZP r,,t. lore or leas. to · point, whlc~ Il Identical with th, ~orthw,Bt c·r~er of ]lad convnycd to ¥. O. Kerkfns l· de.d r.cord.d In Vo~ua. ZOO of Di.d.. peg. lZ~. und.r Auditor'. 30~99]. Illd point being the lnterBIction of tho ~ort~ margin of the Old Lake RltBap toasty Reed with the Southerly novels o~ said Prlaary thence Southeasterl~ alone'the Southerly Berets o~ maid ~rl.anry Ul[~eay X0, ~1, I dllttnct et J? feet. mort or lens. to Th.t portion of Covnrnaent ~ot I. Sectlgn I. T~.nsb]p Z~ ~orth. £iot. W.#.. described es follows; B.glflnlng et n point lOtS.et feet West of tho corner coaaon to Sections 9. $. 16. and 17. mild Towflnhlp mad Range. and the East margin of the county ~old; th.oct running ~orth 39036. West 20 thence %orth 40034. East lea £eEt tO State Hl~hway ~o. ti: th,ace Southeasterly along the South martin of State Highway ~o. 317.43 feet tO the lotsreoctlo· of t~n South line of slid SeCtion thence North 19049.48. West 371.77 feet tO the polflL of EXCEPT Primary State Uiihvay ~o. Sltuotl in gltelp County. Wnshlngtoa. Exhibit "B" ALLOWED LAND USES (Previous B-2 zone) Art gallery. Parks & Playgrounds (including related buildings). Accessory Buildings (garages, etc.). Home Occupation (see Section 302 of previous Zoning Ord.). Gardening or fruit raising. Nursery or green house. Fish hatchery or aquaculture (req. public hearing). Telephone exchange, elec. substations, telegraph and messenger office, and similar uses. Police and fire stations. Church. School. REEL Ob2~/ FR Meeting hall. Auditorium. ' Drive-in bank. Advertising signs and structures. Commercial parking lot for passenger vehicles only (must be at least 50 ft. from any residential zone). Public garages. Parking garages and auto rental garages. Auto display or sales establishments. Repair garage for minor repair. Electrical and Plumbing shop. Sheet metal shop. Retail lumber store. Grocery store. Confectionery shop. Bakery. Printing and publishing establishment. Drug store. Medical or dental clinic. Gas/service station. Personal service establishment. Laundries, dry cleaning and dying establishment. Drive-in cleaning establishment. Retail pet shop. Small animal clinic for out-patient treatments only. Bank and other financial institutions. Business and professional offices. Catering establishments. Business or trade schools. Nursery sales yard. Experimental or testing laboratories, not employing machinery or equipment not permitted in B-2. Frozen food lockers. Retail ice dispensary. Storage building for household goods. Retail stores. Taxidermy shops. Locksmith. Convalescent homes. Homes for the aged. Any use determined to be of the same general character of the uses herein specified, upon review and approval by the Planning Commission, subject to the conditions contained in Section 1 of the Concomitant Rezone Agreement, but excluding prohibited uses. PASSED by th~ity Council of the City of Bremerton this day of City Council President APPROVED this c~ day of ~.~.~ , 19 q 2_ LOLas MEmq'og ATTEST: KATHLEEN McCLUSKEY, City Clerk Publ/shed: Effective: