HomeMy WebLinkAbout3946 SUMMARY OF ORDINANCE NO. 3946
This Ordinance amends Ordinance 3709, §1 relating to
conditions imposed on the Anderson rezone. It does not affect
Ordinance 3709, §1 relating to classification. The conditions
set forth in Ordinance 3709, §1 are amended as follows:
SECTION 1(1) - This change in land use restrictions is
subject to all applicable requirements of the Uniform Building
Code, Bremerton Area Plan, Bremerton Zoning Ordinance and all
other applicable laws and regulations. The developer is
responsible for compliance with such requirements.
SECTION 1(2) - The site is to be developed as specified in
Exhibit "A" attached to Ordinance 3946, except as modified.
SECTION 1(3) - Any changes, revisions or additions which are
a significant departure from the approved site plan require
approval of an application for Change in Land Use Restriction.
SECTION 1(4) - Section 1(4) of Ordinance 3709 is deleted.
SECTION 1(5) - Use of the site is to be limited to business
and professional offices, and residential use. Business use
which includes other than incidental retail or wholesale
transactions is not allowed.
SECTION 1(6) - The developer must, prior to the issuance of
any grading permits, obtain approval of the City Engineer for
sanitary sewer connections and for provisions for temporary soil
stabilization during construction. The developer must also
obtain approval of the Fire Department for removal of the
existing building and fuel tanks.
SECTION 1(7) - Prior to the issuance of any building
permits, the developer must obtain approval from the City for
compliance with site plan specifications for: location of a new
fire hydrant, landscape, signs, exterior lighting, vehicle
parking and bicycle parking. The site plan should also contain
provisions for erosion control, storm water detention, and
outflow control; energy-conserving site and building design; and
FOR RECORD
TICOR TITLE INSURanCE
R~q. 0F_.. --
8503Z0005 .: 1 85AM8:
SH~'. - ~ ~'~FF 1
KITSA~ CouNT~ AUDITOR
placement of all utilities serving the subject site underground
where feasible.
SECTION 1(8) - Prior to the issuance of an occupany permit,
the developer must construct a Portland concrete cement sidewalk,
curb and gutter along the entire Kitsap Way frontage to
Engineering Department specifications and provide legal
assurances sufficient to guarantee construction of said
facilities if development and improvement plans for this portion
of Kitsap Way are not yet finalized by the City; construct a
center turn lane on Kitsap Way; provide a performance assurance
device for 110% of the estimated cost of landscaping to be
periormed, providing the City with a non-revocable agreement
granting the City and its agents the right to enter the property
and perform any required work remaining undone at the end of one
year after issuance of a Certificate of Occupancy; provide a
maintenance assurance device for at least 10% of the replacement
cost of landscaping materials, providing the City with a
non-revocable agreement'granting the City and its agents the
right to enter the property and replace any unhealthy or dead
plant materials for a period of one year from issuance of a
Certificate of Occupancy; remove and replace any existing power
poles, if necessary; comply with all requirements listed above.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
APPRDVED by the City Council of the City of Bren~.rton, Washington, on the
first reading this ~ ~<~, day ~f~/' , 1985.
//
PASSED by the City Council of ~e City of~re~_rton, signed by the Mayor
and attested by the City Clerk in authentication of such passage this 2TH
day of ~~~ , 1985.
: :'- .................
KATHLEEN L. M(/ILUSKEY, City Clerk
8503200058 E[[335 415
AN ORDINANCE amending Ordinance No. 3709, SH~ ....~FF
Section 1, relating to conditions imposed O~TsAP CL.~t..,~,A~J~TOR' .... ~
the Anderson rezone
· DEPUTY_~_ ~
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBy ORDAIN:
SECTION 1: Ordinance 3709, §1 relating to classification of
the property therein described remains unchanged Ordinance
'
3709, §1 relating to conditions is amended to read as follows:
1. The conditions set forth in §1(1) are amended to
read as follows:
This change in land use restrictions is subject to the
various requirements contained in the Bremerton Area Plan, the
Bremerton Zoning Ordinance, the Uniform Building Code and other
applicable laws anQ regulations. It is the responsibility of the
developer to assure compliance with the applicable provisions
contained herein.
2. The conditions set ~orth in §1'(2) are amended to
read as follows:
The site shall be developed as specified in the site
plan labelled Exhibit "A" except as modified to meet conditions
of approval listed herein. Exhibit "A" is annexed to this
Ordinance.
3. The conditions set forth in §1(3) are amended to
read as follows:
Any changes, revisions or additions which constitute a
significant departure from the approved site plan shall require
approval of an application for Change In Land Us~ Restrictions.
4. The conditions set forth in §1(4) are deleted.
5. The conditions set forth in §1(5) are amended to
read as follows:
Use of the site shall be limited to business and
professional offices, and residential use. Business uses which
include other than incidental retail or wholesale transactions,
whether accomplished on or off site, shall not be allowed.
6. The conditions set forth in §1(6) are amended to
read as follows:
8503200059
EEL335F 416
1
Prior to the issuance of any grading permits, the
developer shall:
(a) Obtain City Engineering Department
approval for sanitary sewer connection.
(b) Obtain approval of the Fire Department
for removal of the existing building and fuel tanks.
(c) Obtain approval of the Engineering
Department for provisions for temporary soil
stabilization during construction.
7. The conditions set forth in §1(7) are amended to
read as follows:
Prior to the issuance of any building permits, the
developer shall submit and obtain approval of responsible City
departments for a site plan which includes:
(a) Location of a new fire hydrant on an
adequate sized water main subject to Fire Department
specifications. -
(b) Landscaping as follows:
i. Along Kitsap Way: an area no less
than ten (10) feet wide as follows:
ii. Evergreen and deciduous trees, with
no more than 50% being deciduous, a minimum
of six (6) feet in height and planted at
intervals of no greater than thirty (30) feet
on center; and
iii. Earth mounding, an average of 3 1/2 feet
in height, planted with shrubs or living ground
cover so that the ground will be covered within
three (3) years.
iv. Within an area fifteen (15) feet from
intersections of each driveway and the edge
of the street pavement, landscaping and
screening described shall consist of plant
materials which will cover the ground within
three (3) years and which will not exceed 3
feet in height, to provide visual relief
where clear sight is necessary for safe
access. Trees are also permitted if the
trunks are free of branches below seven (7)
feet in height.
v. Where trees overhang a sidewalk there
shall be at least six (6) vertical feet of free
sight clearance.
vi. Within the Kitsap Way right-of-way in
the area between the sidewalk and the
boundary of the subject site, living ground
cover planted to achieve total ground
coverage within three (3) years, or lawn;
8503200059
· fft3,35 417
2
trees and shrubs may be included at the
developer's option.
c. Signs limited as follows:
i. One freestanding sign limited to
an area of fifty (50) square feet and ten (10
feet in height and placed so as not to
interfere with safe pedestrian or vehicular
access.
ii. One wall-mounted sign limited to
one hundred forty (140) square feet.
iii. Sign information shall pertain
only to uses on the site.
d. Exterior lighting which does not
flood light the building facade nor directly
illuminate adjacent uses.
e. Parking according to the following
requirements:
i. Medical offices: five (5) spaces
per doctor.
ii. Other offices: one space per 350
square feet of gross floor area.
iii. Dwelling units: one designated
space per unit.
iv. Up to 50% of the required office
parking may be provided off-site consistent
with the Joint Use Sections of 712-713 of the
Bremerton Zoning Ordinance.
f. Bicycle parking spaces consistent
with the Bremerton Planning Commission's 1981
Adopted Bicycle Parking Standards.
g. Provisions for erosion control and
storm water detention and controlled outflow
to Engineering Department specifications.
h. Energy-conserving site and building
design.
i. Placement of all utilities serving
the subject site underground where feasible.
8. Conditions set forth in §1(8) are amended to read as
follows:
Prior to the issuance of an occupancy permit to
mitigate impacts on public facilities directly resulting from
this development, the developer shall:
8503200059
a. Construct a Portland concrete cement
sidewalk, curb and gutter along the entire Kitsap Way
frontage to Engineering Department specifications and
provide legal assurances, subject to approval of the
City Attorney, sufficient to guarantee construction of
said facilities if development and improvement plans
for this portion of Kitsap Way are not yet finalized by
the City. The location of said sidewalk shall be
determined by the City Engineer.
b. Construct a center turn lane on Kitsap Way
fronting the subject site to Engineering Department
specifications.
c. Provide a performance assurance device for
110% of the estimated cost of landscaping to be
performed, whereby the property owner will provide the
City with a non-revocable notarized agreement granting
the City and its agents the right to enter the property
and perform any required work remaining undone at the
end of one year after issuance of a Certificate of
Occupancy.
d. Provide a maintenance assurance device for at
least Ten Percent (10%) of the replacement cost of
landscaping materials, whereby the property owner will
provide the City with a non-revocable notarized
agreement granting the City and its agents the right to
enter the property and replace any unhealthy or dead
plant materials for a period of one year from issuance of
a Certificate of Occupancy.
e. Remove and replace any existing power poles if
necessary to develop the site as required.
f. Comply with all requirements listed above.
APPROVED by the City Council of the City of Bremerton,
~ashington, on the first reading this ~ day of ~~
8503 00059
4 419
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested by the City Clerk in authentication of
such passage this ~ day of ~~.~ , 198~.
~oR~IE DAWKIN~', Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, ~lerk
85~3~00059
~EEL335fR 4',~
TICOR TIT~I ~$URANCE
v
CONCOMITANT ZONING AGREEMENT SH~R~?iL HUFF
KITSAP COUNTY AUDITOR/,
WHEREAS, the City of Bremerton, Washingt~,U~ f~ ~]~
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 City, pursuant to the terms of Ordinance No.
3709, has reclassified as B-2 the property more particularly
described as follows:
Parcel 1:
That portion of Lot 20, Block 1, of Brentwood Park as per plat
recorded in Volume 5 of Plats, on Page 6 records of Kitsap
County, described as follows: BEGINNING at the NW corner of said
Lot 20; thence S 88° 45' 32" E along the N line of said Lot 20, a
distance of 380 feet to the true point of beginning of the tract
herein described; thence continuing S 88° 45' 32" E 315 feet;
thence S 1° 14' 28" W 233.39 feet; thence W parallel to the S
line of said Lot 20 to the Northwesterly along said margin 225
feet, more or less, to a point which is S 26° 28' 56" W from the
true point of beginning; thence N 26° 28' 56" E 96.84 feet to the
true point of beginning; SUBJECT TO easements, restrictions and
reservations now of record.
Parcel 2:
That portion of lots 20 and 21, Block 1, Brentwood Park as per
plat recorded in Volume 5 of Plats, on page 6, records of Kitsap
County, described as follows: BEGINNING at the NW corner of said
Lot 20; running thence S 88° 45' 32" E along the Northerly line
of said Lot 20 a distance'of 695 feet; thence S 1° 14' 28" W
233.39 feet to the true point of beginning of tract herein
described; thence continuing S 1° 14' 28" W 125 feet; thence W
100 feet to the Easterly margin of State Hwy. #21; thence
Northwesterly along the Easterly margin of said Hwy. 153 feet to
intersect a line drawn due W from the true point of beginning;
thence due E to the true point of beginning; situate in Kitsap
County, Washington.
Parcel 3:
That portion of Lot 20, Block 1, Brentwood Park, according to
plat recorded in Volume 5 of Plats, page 6, in Kitsap County,
Washington described as follows: BEGINNING at the NW corner of
said Lot 20; thence S 88° 45' 32" E along the N line of said Lot
20 a distance of 380.00 feet; thence S 26° 28' 56" W a distance
of 96.84 feet, more or less, to the N margin of Primary State
Hwy. #21; thence Northwesterly along the margin of Primary State
Hwy. #21, a distance of 354.50 feet, more or less, to the point
of beginning.
WHEREAS, the above-described property is within the City's
jurisdiction; and
WHEREAS, the City, pursuant to RCW 43.21C, the State
Environmental Policy Act, is required to mitigate any adverse
impacts which might result from development of this property; and
8503200060
I R L335[ 42i
WHEREAS, the owners have indicated willingness to cooperate
with the City of Bremerton 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 that the City allows the owner
to revise the site plan of the property herein described for a
business, professional or residential use as provided in Exhibit
"A" annexed hereto, as described in Resolution No. 702 and to
modify the conditions imposed on the development of the
above-described property:
1. This change in land use restrictions is subject to
the various requirements contained in the Bremerton Area Plan,
the Bremerton Zoning Ordinance, the Uniform Building Code and
other applicable laws and regulations. It is the responsibility
of the developer to assure compliance with the applicable
provisions contained herein.
2. The site shall be developed as specified in the
site plan labelled Exhibit "A" except as modified to meet
conditions of approval listed herein. Exhibit "A" is annexed to
this Ordinance.
3. Any changes, revisions or additions which
constitute a significant departure from the approved site plan
shall require approval of an application for Change In Land Use
Restriction.
4. Use of the site shall be limited to business and
professional offices, and residential use. Business uses which
include other than incidental retail or wholesale transactions,
whether accomplished on or off site, shall not be allowed.
5. Prior to the issuance of any grading permits, the
developer shall:
(a) Obtain City Engineering Department
approval for sanitary sewer connection.
(b) Obtain approval of the Fire Department
8503200060
422
for removal of the existing building and fuel tanks.
(c) Obtain approval of the Engineering
Department for provisions for temporary soil
stabilization during construction.
6. Prior to the issuance of any building permits, the
developer shall submit and obtain approval of responsible City
departments for a site plan which includes:
(a) Location of a new fire hydrant on an
adequate sized water main subject to Fire Department
specifications.
(b) Landscaping as follows:
i. Along Kitsap Way: an area no less
than ten (10) feet wide as follows:
ii. Evergreen and deciduous trees, with
no more than 50% being deciduous, a minimum
of six (6) feet in height and planted at
intervals of no greater than thirty (30) feet
on center; and
iii. Earth mounding, an average of 3 1/2 feet
in height, planted with shrubs or living ground
cover so that the ground will be covered within
three (3) years.
iv. Within an area fifteen (15) feet from
intersections of each driveway and the edge of the
street pavement, landscaping and screening described
shall consist of plant materials which will cover the
ground within three (3) years and which will not exceed
3 feet in height, to provide visual relief where clear
sight is necessary for safe access. Trees are also
permitted if the trunks are free of branches below
seven (7) feet in height.
v. Where trees overhang a sidewalk there
shall be at least six (6) vertical feet of free
sight clearance.
vi. Within the Kitsap Way right-of-way in
the area between the sidewalk and the boundary of the
subject site, living ground cover planted to achieve
total ground coverage within three (3) years, or lawn;
trees and shrubs may be included at the developer's
option.
c. Signs limited as follows:
i. One freestanding sign limited to an area of
fifty (50) square feet and ten (10) feet in height and
placed so as not to interfere with safe pedestrian
or vehicular access.
ii. One wall-mounted sign limited to
one hundred forty (140 square feet.
iii. Sign information shall pertain only to uses
on the site.
d. Exterior lighting which does not flood light
the building facade nor directly illuminate adjacent uses.
e. Parking according to the following
requirements:
423
i. Medical offices: five (5) spaces per doctor.
ii. Other offices: one space per 350 square feet
of gross floor area.
iii. Dwelling units: one per designated space per
unit.
iv. Up to 50% of the required office
parking may be provided off-sight consistent
with the Joint Use Sections of 712-713 of the
Bremerton Zoning Ordinance.
f. Bicycle parking spaces consistent with the
Bremerton Planning Commission's 1981 Adopted Bicycle Parking
Standards.
g. Provisions for erosion control and storm water
detention and controlled outflow to Engineering Department
specifications.
h. Energy-conserving site and building design.
i. Placement of all utilities serving the subject
site underground where feasible.
7. Prior to the issuance of an occupancy permit to
mitigate impacts on public facilities directly resulting from
this development, the developer shall:
a. Construct a Portland concrete cement
sidewalk, curb and gutter along the entire Kitsap Way
frontage to Engineering Department specifications and
provide legal assurances, subject to approval of the
City Attorney, sufficient to guarantee construction of
said facilities if development and improvement plans
for this portion of Kitsap Way are not yet finalized by
the City. The location of said sidewalk shall be
determined by the City Engineer.
b. Construct a center turn lane on Kitsap Way
fronting the subject site to Engineer Department
specifications.
c. Provide a performance assurance device for
110% of the estimated cost of landscaping to be
performed, whereby the property owner will provide the
City with a non-revocable notarized agreement granting
the City and its agents the right to enter the property
and perform any required work remaining undone at the
end of one year after issuance of a Certificate of
Occupancy.
d. Provide a maintenance assurance device for at
least Ten Percent (10%) of the replacement cost of
landscaping materials, whereby the property owner will
provide the City with a non-revocable notarized
agreement granting the City and its agents the right to
enter the property and replace any unhealthy or dead
plant materials for a period of one year from issuance of
a Certificate of Occupancy.
e. Remove and replace any existing power poles if
necessary to develop the site as required.
f. Comply with all requirements listed above.
8. In the event that any term or clause of this Agreement
8503200060
Ei[335FR 424
4
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 the terms of this
Agreement are declared to be severable.
9. This Agreement shall be recorded in the Office of the
Kitsap County Auditor and the covenants shall be deemed to attach
and run with the property and shall be binding on the owners,
their heirs, successors and assigns, and shall apply to the
after-acquired title of the owners of the property.
10. 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, assigns and successors to the
owners) in writing and recorded with the Kitsap County Auditor.
11. In addition to all other remedies available 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.
12. The City may, at its discretion, institute and prosecute
any proceeding at law or in equity to enforce this Agreement.
13. 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.
14. The owners agree to indemnify and hold harmless the City
of Bremerton 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 term or condition of this Agreement.
15. This Agreement shall be binding on the heirs, assigns
and successors of the owners of the property.
DATED this /~/ day of /~~ , 198~-.
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:
OWNS:_ .
8.503200060
5 EE[335FR 425
Approved as to form:
Ass Is tah't Ci~/Attorney
8503200060
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