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HomeMy WebLinkAbout4111 AN ORDINANCE amending the use and area maps of Ordinance 1792 upon application of rezone from R- 1 to B-2 and subject to various requirements and other applicable laws and regulations. Bremerton School District/Ahlstr~m. WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property at the southwest corner and adjacent to Sylvan Way and Spruce Street, Bremerton, Washington, and has reviewed the Findings of Fact and Conclusions of law of the Bremerton Planning Commission; and WHEREAS, the City Council has adopted the Findings of Fact and Conclusions of Law of the Planning Commission; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1: That the use and area maps of Ordinance No. 1792, are hereby amended in conformity with Title IV, Chapter 1 thereof, as follows: FILED FOR RECORD K'.t.;,. Subject property: Ki'rS^P COUNTY AUDITOR DEPUTY . That portlon of Lots 6, '/, and 8 of the Plat of Sylvan Park as recorded in Volume 6, Page 45, of Plats of Kltsap County, Washington, and more particularly described as follows: Commencing at the centerllne Intersection of hlmlra Drive and Sylvan Way; thence North 89°02'38" West along the center]the of Sylvan Way 869,97 feet, to the Intersection of sa~d centerllne with the center]Ins of Spruce Avenue: thence South O1'34'16" West 30.01 feet; thence North 89' O2'38" West 30.00 feet, to the Point of Beginning being the Intersection of tile southerly Margin of Sylvan Way with the westerly Margin of Spruce Avenue; thence South O1' 34'1§" West along said westerly Margin 86.30 feet to a Point of Curvature: thence contlnulflg along said westerly Margin and a curve concave westerly, for an arc distance of 136.O5 feet, having a radius of 1.O83.74 feet, and a central angle of O?° 11'34" to a Point of Tangency; thence South 08"45'50" West along said westerly Margin 126.77 feet: thence North 86'42'43" West 158.24 feet to east line of tile west 225 feet of said Lots 6,7, and 8; thence North el" 46'52" East along said east line 193.33 feet, to the south line of sald Lot 8; thence South East along said south line 93.90 feet; thence North O1° 49'27" East along the east line o~ the West Half of said Lot 8 a distance of 147.24 feet, to the southerly Margin of Sylvan Way: thence South 89'02'38" East along said southerly Margin 87.32 feet, to tile Point of Beginning. BE AND THE SAME HEREBY is reclassified from Residential District One (R-l) to Business Districf ~wo (B-2) subject to the following conditions as set forth in Section 2: Section 2: That the following requirements and other applicable laws and regulations shall apply to the property rezoned by this Ordinance and Ordinance No. 1792. 8 7 0 50 1 0 8 1. Future use and development of the site shall comply with local, state and federal laws. 2. This ordinance incorporates by reference the Concomitant Agreement, signed April 28, 1987, which is attached hereto as Exhibit "A". APPROVED by the City Council on the first reading this d~~-~- day of ~ ~ ....... , 1987. PASSED by the City Council of the City of Bremerton, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this ___~5~ day of ~9~ .... , 1987. ATT ES T: KATHLEEN L. McCLUSKEY, Clerk 8'F05Z2 0108 [[t421[B1804 EXII~B~T "A" '~ TJCOR TITkE iNSURANCE ~ iS~P CO~ ~8DITOR DEPU~ C~y un~e~ ~he ~a~s o~ ~he 5~e og ~ash~ng~on~ has enacL ~s an~ en~e~ ~nLo ag~eemenLs ~o p~omo~e ~he hea~Lh~ s~eLy and ~e~[a~e o[ ~Ls c~zens~ an~ LheEeby con~o~ ~he use ~nd deve~opmenL o~ p~ope~Ly ~[L~n ~Ls ~u~s~c~on~ ~H~RgA~ ~e o~ne~ og certain p~ope~Ly have app~e~ ~e~one og such p~ope~y (he~e~nag~e~ ~e~e~e~ ~o a~ "~o~e~:y~) ~HgRgA~, Lhe C~Ly ~ann[ng Commission has ~ecommer~e~ the property located at the southwest ~:orner and Sylvan Way and Spruce Street, in Bremerton~ WA, which pr3pe~? hereinafter more particularly described, be rezoned fcom Residential District One (R-l) to Business District ~.,o (B-2); and WHEREAS, the City pursuant to R~ 43.21C, the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the owners have indicated willingness to cooperate with the City of Bremerton to insure compliance with the Bremerton ZoniKg 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 crin~nal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement; ?'05Zg0109 , RE[t421F l$05 NOW THEREFORE, in the event the property located at the southwest corner and adjacent to Sylvan Way and Spruce Street, in Bremerton, WA and more particularly described ~s: That portion of Lots 6. 7, and 8 ~f the Plat of Sylvan Perk aa recorded In Volume 6, Page 45, of Plata of Kltsap County, Washington, end more particularly described as followst Comm~nclnq at the centerllne Intersection of almlra Drive and Sylvan way: thence North 89'O2'38" West along the centerline of Sylvan Way- 869.97 feet. to the Intersection of said centerllne with the centerline of Spruce Aramis: thence South Die 34'16" We~t 30.O1 feet: thence North e9°02'38" West 30.OO feet, to the Point of Beginning being the Intersection of the southerly Margin of Sylvan Hay with the westerly Margin of Spruce Avenue: thence South 01' 34'16" West along enid westerly Margin 86.30 feet to a Point of Curvature: thence continuing along said westerly Margin and a curve concave westerly, for an arc distance of 136.O5 feet, having a radius of 1,083.74 feet, and a central angle of o7' 11'34" to a Point of Tangency: thence South 08e45'50" West along said westerly Margin 126.?? feet: thence North ~6°42'4a" West 1~s.24 feet to ea~% line of the west 225 feet of said Gots and 8; thence North Ol° 46'51" East along said east line Ig3.T3 f.et, to the south line of said Lot 8: thence South 89°O?'O8'' Ea~t along ~ald ~outh line 93.90 feet: thence North Ol° Ea~t along the east line of the W-~t }lair of said Lot 8 a distance of 147.24 feet, to the south-fly Margin of Sylvan Way: th~nc= ~outh 89',17'qfl" ;~.t along sal¢l southerly Margin 87.32 is rezoned by the City of Bremerton from R-1 to B-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree: 1. Specific Conditions: A. That future site egress be limited to Spruce Street with the location and number of curbcuts to be determined by the Engineering Department. B. That the applicant upgrade affected areas of the storm sewer system to Engineering Department standards prior to completion of construction of the use. C. That the applicant construct a sidewalk to City standards along the west side of Spruce Street prior to completion of construction of the use. 2. In the eveht that any term or clause of this Agreement conflicts with applicable law, such conflicts shall not affect other terms of this Agreement which can be given effect without the conflicting term or clause, and to this end of the terms this Agreement are declared to be severable. 3. Any amendment or modifications of this Agreement shall be valid only if mutually agreed upon by the City of Bremerton and the owners (including heirs, assignees and successors to ~K the owner) in writing and recorded with the~ itsap County Auditor. 8705a 0109 [[[421 1806 4. In addition to all other remedies avail le to the City by law, the City reserves the right to initiate proceedings to revoke the rezoning of the property should the owners fail to comply with any of the terms and conditions of this Agreement. 5. The City may, at its discretion, bring a lawsuit to compel specific performance of the terms and conditions of this Agreement. 6. Nothing in this Agreement shall be construed to restrict the authority of the City to exercise its power to rezone the property in future years. 7. The owners agree to indemnify and save harmless the City of Bremerton from and against all claims, suits, damages, ccsts, 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 be binding on the heirs, assigns ]nd successors of the owner of the property. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property: 8705220109 OWN ER $: / · - .... -"-F --; ' [[[421[1 1807