HomeMy WebLinkAbout4157 ORDINANCE NO.
AN ORDINANCE amending the zoning map of the City
of Bremerton to incorporate a change in zoning from
R-1 to B-2 on property on the east side of Cherry
Avenue between Ash and Callahan.
WHEREAS, the City Council of the City of Bremerton,
Washington, conducted a public hearing on March 2, 1988, on
application for a rezone of the property described below, and at
that hearing heard public testimony, reviewed the record and
recommendations of the Planning Commission and Planning staff,
considered all available information relating to the site and any
potential impacts of the rezone, and made Findings of Fact and
Conclusions of Law, now, therefore
THE CITY OF BREMERTON DOES ORDAIN:
S~.CTION 1: That the official zoning map of the City of
Bremerton is hereby amended in conformance with Title IV, Chapter
1 of the Bremerton Zoning Ordinance (Ordinance ~1792) as follows:
Lots 1, 2, and 3, Higgen Addition, a Replat of Parcel
4, Block 6, 3rd Addition to Sheridan Park, according
to plat recorded in Volume 9 of Plats, page 49, records
of Kitsap County, Washington, and located in Section 12,
Township 24, Range 1 E, NW 1/4.
is hereby reclassified from Residential-1 (R-I) to Business
District (B-2), subject to the conditions set forth below.
SRCTION 2: That this rezone shall remain subject to the
conditions outlined in the Concomitant Zoning Agreement executed
by the applicants and attached hereto as Appendix "1" and
incorporated herein by this reference.
SECTION 3: That this rezone is based upon the Findings
of Fact and Conclusions of Law of the City Council of Bremerton,
attached hereto as Appendix "2" and incorporated herein by this
reference.
APPROVED by the City Council on the first reading this
day of ~ , 19 88.
PASSED by the City Council of the City of Bremerton this
_ day of ~ ,
1988.
HANR WAIBEL
President, City Council
APPROVED this /"~ day of '~/~ '~ ~--~/ , 1988.
L~O~E, Mayo~r
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
Oi~DI ~E NO. 4157
PUBLISHED: M&Y 16, 1988
APPENDIX "2"
FINDINGS OF FACT AND CONCLUSIONS OF LAW
THE CITY COUNCIL OF BREMERTON, having conducted a public
hearing on March 2, 1988, upon application of the Harrison Group
for a rezone of its property from R-1 to B-2 and having
considered all available information relating to the site; does
hereby enter the following
FINDINGS OF FACT
1. That the property sought to be rezoned is specifically
described as:
Lots 1, 2, and 3, Higgen Addition, a Replat of Parcel
4, Block 6, 3rd Addition to Sheridan Park, according
to plat recorded in Volume 9 of Plats, Page 49, records
of Kitsap County, Washington, and located in Section 12,
Township 24, Range 1 E, NW 1/4.
2. That the property described above encompasses three (3)
adjacent lots, and has a total area of approximately one-half
(1/2) acre.
3. That all three lots are in the same ownership.
4. That the two southern most lots each contain a
residential duplex, and that the northern most lot is vacant.
5. That the property lies on the boundary line of the
Comprehensive Plan's residential and commercial designations.
6. That the property is currently zoned R-1.
7. That the rezone, if approved, would adjoin an existing
B-2 zone.
8. That there is a need for additional office space for
health care providers in the vicinity of Harrison Hospital.
9. That there is a shortage of vacant lands that are
suitably zoned for office space in the vicinity of Harrison
Hospital.
10. That the area surrounding the property sought to be
rezoned is currently in transition from residential to office and
health care related uses.
11. That the subject property contains no natural
environmental features of any significance.
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12. That the impacts of a rezone of the property would
consist of a slight increase in traffic and motor vehicle noise
on Cherry Avenue, and are consistent with the ongoing transition
from residential to commercial uses.
13. That there is an urgent need in the area surrounding
Harrison Hospital for additional office space to house supporting
health and social services.
14. That the provision of new office space for health care
providers on the subject property would provide a beneficial
buffer between the adjacent residential neighborhood and the
commercial zone to which the subject property would be attached.
BASED ON THESE FINDINGS, the Council now makes the following
CONCLUSIONS
1. That a rezone of the subject property from R-1
residential to B-2 commercial would be substantially consistent
with the policies of the Comprehensive Plan directed towards
developing adequate health related services in convenient
proximity to Harrison Hospital.
2. That the on-going transition from residential to
commercial uses in the area adjacent to the property constitutes
a change in circumstances from those in existence at the time the
property was originally zoned R-1.
3. That the requested rezone will not negatively impact the
surrounding properties.
4. That use of the subject property for commercial purposes
will best serve the public welfare.
DATED this // day of ~'~/~// , 1988.
~A~ WAIBEL,~ Council' President
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APPENDIX "1"
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington (hereinafter
referred to as "City"), a first class City under the laws of the
State of Washington, has authority to enact laws and enter into
agreements to promote the health, safety, and welfare of its
citizens and thereby control the use and development of property
within its jurisdiction; and
WHEREAS, the owners of certain property, which is within the
City's jurisdiction, have applied for a rezone; and
WHEREAS, City staff has recommended that the subject
property (hereinafter referred to as "Property") and which is
hereinafter more particularly described, be rezoned from the
current designation of R-1 Residential, to B-2 Business District;
and
WHEREAS, the City, pursuant to RC~ 43.21C, the State
Environmental Policy Act (SEPA) should mitigate any adverse
impacts which might occur as a result of the proposed rezone; and
WHEREAS, the owners of the Property have indicated
willingness to cooperate with the City to ensure compliance with
the Bremerton Zoning Ordinance and all other local, state, and
federal laws relating to the use and development of the Property;
and
WHEREAS, the City, in addition to civil and criminal
sanctions available by law desires to enforce the rights and
interests of the public by this Concomitant Agreement;
NOW, THEREFORE, in the event the Property described as
Lots 1, 2, and 3, Higgen Addition, a Replat of Parcel
4, Block 6, 3rd Addition to Sheridan Park, according
to plat recorded in Volume 9 of Plats, Page 49, records
of Kitsap County, Washington, and located in Section 12,
Township 24, Range 1 E, NW 1/4
is reclassified from R-1 Residential, to B-2 Business District,
and in full consideration of that event should it occur, the
owners do hereby covenant and agree as follows:
1. That all permitted land uses shall be limited to those
set forth in Exhibit "A," attached hereto and incorporated by
this reference. R[[[461~17~6
8805 40047
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2. That all new development of the Property be in
compliance with the site development requirements set forth in
Exhibit "B," attached hereto and incorporated by this reference.
3. That the permitted uses and site development
requirements set forth in Exhibits "A" and "B" shall apply to the
Property until superceded by amendments to the Bremerton Zoning
Ordinance adopted subsequent to the date of execution of this
Agreement.
4. In the event that any term or clause of this Agreement
conflicts with applicable law, such conflict shall not affect
other terms of this Agreement which can be given effect without
the conflicting term or clause, and to this end the terms of this
Agreement are declared to be severable.
5. Any amendment or modification of this Agreement shall be
valid only if agreed upon by the City in a writing recorded with
the Kitsap County Auditor.
6. Nothing in this Agreement shall be construed to restrict
the authority of the City to exercise its power to rezone the
Property at some time in the future.
7. The owners agree to indemnify and save harmless the City
from and against all claims, suits, damages, costs, losses and
expenses in any manner resulting from, arising out of, or
connected with the owners' negligent performance of or failure to
perform fully any terms or conditions of this Agreement.
8. This Agreement shall constitute a covenant running with
the land, shall be binding on the heirs, assigns and successors
of the owner of the Property, and shall be enforceable by the
City by any method known in law or equity.
DATED this '7 day of /~/~,a , 1988.
OWN/~: .HARRI S~ GROUP
STATE OF WASHINGTON )
SS
COUNTY OF KITSAP )
ON TBIS ~'~ day of ~ ~.:~_.~.~: , before me, the
undersigned N~tary Public in.~and for the State of~ Washing~Qn,'
duly commissioned and sworn, personally appeared(~,i~
8805210047
2
and-~,., ~ :';i~. ~7~:.i~ , to me known to be
the ._ ./..~:7...k.~..~ , respectively,
of the Harrison Group, the ~A:t.~.~-7(~.>~: that executed the
foregoing instrument, and acknowledged the said instr~ent to be
the free and voluntary act and deed of said _~t~.~ , for
the uses and purposes therein mentioned, and/on oath stated that
they are authorized to execute th~aid instrument and that the
seal affixed is the seal of said //~._~ >~ .
WETNESS MY HAND and official seal t~e day and year first
above written.
NOTARY PUBLIC in anchor ~e
Stat~, of Wa~ington, ~residing
My ~Co~i~ion expires: ~-/~
' ::'~".-'.'
"-' .... FILED FOR RECORD
.... ': ',' ~ YNN
KiTSA~ GOUN~Y
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8805~40047 3
EXHIBIT "A"
A = Allowed principal use
AC = Accessory use
SUP = Allowed by special use permit
SUP - Residential over commercial
SUP - Day care center (13 or more)
SUP - Group residential facility
AC - Private greenhouse or arboretum
AC - Personal vehicle storage garage
SUP - Restaurant, cafe (under 2,500 sq.ft.)
SUP- Delicatessen
AC- Private tennis court (unlighted)
SUP - Private tennis court (lighted or covered)
SUP - Public parks & recreation areas & playgrounds
SUP - Private educational facilities
SUP - Clubhouse, community center, fraternal lodge
SUP - Social service facilities
SUP - Welfare and other charitable services/facilities
SUP - Detoxification center and similar facilities
A - Medical services
A - Medical and out-patient clinic
A - Medical laboratory
SUP - Beauty salon and barber shop
SUP - Tanning salon and hot tubbery
SUP - Gymnasium and athletic club
SUP - Weight control and aerobics
SUP - Personal service business (other than listed)
SUP - Drug store/pharmacy
SUP -Book store, office supplies, stationery
SUP- Florist
A- Newspapers and magazines (retail)
SUP - Gift shop
SUP - Optical goods (retail)
SUP - Commercial parking lot
SUP - Bus passenger terminal
SUP - Repair businesses other than auto and engine
A - Construction services office (without yard)
SUP - Satellite parking areas
A - Bank cash machine
SUP - Banking services
A- Duplicating, mailing, stenographic services
A - Professional offices and general offices
A - Administrative offices for parks, schools & other public
facilities
Sup - Research, development and teting services
SUP -Mineral resource extraction
SUP - Utilities substation
SUP - Communication relay tower
SUP - Radio antenna (non-commercial)
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880524004
EXHIBIT "B"
SITE DEVELOPMENT REQUIREMENTS
Proposed PO Zone
* Maximum lot coverage 45%
* Min. setbacks: front 20 feet
side same as adjacent resid, zone
rear same as adjacent resid, zone
* Maximum building height 30 feet
* Maximum building area under roof 5,000 sq.ft.
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8805 40047