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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 6