HomeMy WebLinkAbout3963 ORDZNANCE NO.
TiCOR TITLE INSURANCE
AN ORDINANCE assigning a City zoning classificati~Q''
to unincorporated property, generally ~ , ~.~
described as the Sauer and Hanberg property, which
the City of Bremerton proposes to annex. Upon the ~'c;-,h
date of annexation, this ordinance shall become ~S~,.~ ,,~,,,~ ~L'iTOR
effective and this property shall be assigned D~U~~
the Manufacturing District zoning classification.
WHEREAS, the City of Bremerton anticipates that the property
generally known as the Sauer and Hanberg property, which is
more particularly described below, will be annexed to the City at
a future date; and
WHEREAS, Washington annexation law provides that cities may
provide comprehensive land use plans and zoning regulations which
become effective upon annexation, for areas outside to the
corporate limits which could reasonably be expected to be annexed
to the City at any future date; and
WHEREAS, the Bremerton City Council, in Resolution ~1873,
upon adoption of the Bremerton Area Plan: A Comprehensive Policy
Guide for Growth and Development, resolved that this plan should
constitute the comprehensive land use plan for areas subsequently
annexed to the City; and
WHEREAS, the comprehensive planning requirements set forth
in RCW 35.13.177 through .178, pertaining to comprehensive land
use planning for areas beyond the corporate limits which could
reasonably be expected to be annexed to the City at a future
date, have been met; and
WHEREAS, the proposed zoning classification for the Sauer
and Hanberg properties, is in compliance with comprehensive
planning goals for this area which are set forth in the Bremerton
Area Plan; and
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the proposed zoning classification for this property
which is located at 4808 Rodgers Street and at 216 Western
Avenue, Bremerton, Kitsap County, Washington, and has reviewed
the record and resolution of the Bremerton Planning Commission;
and
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WHEREAS, the City Council has adopted the findings of the
Planning Commission contained in Resolution ~738; now, therefore
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: That the following described real estate
situated in Kitsap County, upon annexation, shall be assigned the
Manufacturing zoning classification.
Subject property:
Sauer property
PARCEL A: Lots 42, 43 and 44, Fernwood, according to
plat recorded in Volume 4 of Plats, page 89, in Kitsap
County, Washington.
PARCEL B: The Southwesterly 200 feet of lots 34, 35
and 36, Fernwood, according to plat recorded in Volume
4 of Plats, page 89, in Kitsap County, Washington;
EXCEPT that portion of said Lot 34 that lies within the
following described tract: BEGINNING at the most
Easterly corner of said Lot 34; thence Northwesterly
along the Northeasterly margin of said Lot 34, 60 feet;
thence Southwesterly parallel to the Southeasterly line
of said Lot 34, 200 feet; thence Southwesterly to a point
on the Southeasterly margin of said Lot 34; 200 feet
southwesterly of the most easterly corner of said Lot 34;
thence northeasterly along the southeasterly margin of
said Lot 34, to the point of beginning; TOGETHER WITH an
easement over and across the Northwesterly 12 feet of the
remainder of said Lot 36 and that portion of vacated
Ferndale Avenue lying between the Northerly prolongation
of the Northwesterly and the Southeasterly margins of said
easement to Arsenal Way.
Hanberg property
PARCEL A: That portion of the Northeast quarter of the
Northeast quarter, Section 21, Township 24 North, Range
1 East, W.M., in Kitsap County, Washington, described as
follows: BEGINNING at the Southwest corner of said
Northeast quarter of the Northeast quarter; thence North
495 feet; thence East 176 feet; thence South 495 feet;
thence West 176 feet to the point of beginning; EXCEPT
the North 20 feet of the West 30 feet thereof reserved
for right-of-way in deed recorded under Auditor's File
No. 239892.
SECTION 2: That all of the above-described property, upon
annexation, shall be subject to comprehensive planning goals
pertaining to this area which are articulated in the Bremerton
Area Plan.
SECTION 3: That all of the above-described property, upon
annexation, shall be zoned Manufacturing.
SECTION 4: That this zoning classification shall become
effective on the date of annexation, after publication in the
manner and period provided for by law.
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[[t352[ 41,5
SECTION 5: That, upon the date of annexation, the property
described in Section 1 hereof shall be subject to all applicable
restrictions set forth in the Bremerton Zoning Ordinance and all
other applicable laws and regulations.
SECTION 6: That development of the property, which is more
particularly described in Section 1 hereof, shall be subject to
the following restrictions to ameliorate the adverse impacts on
the environment and public facilities ensuing from development of
this property. These restrictions are reflected in the
Concomitant Agreement which was submitted to the City by the
owners of the property described in Section 1 hereof, and which
is annexed to this Ordinance as Exhibit "A." In this Agreement,
the owners have voluntarily agreed to provide (1) right-of-way
dedication and roadway facilities as specified by the City
Engineer; (2) fire hydrants and/or other fire safety facilities
as specified by the Fire Department; (3) wastewater facility
improvements to and on the subject site which are necessary to
the development of the site. The City Engineer shall specify the
necessary wastewater facility improvements; (4) a 25' buffer zone
adjacent to all residential zones.
APPROVED by the City Council on the first reading this
day of ~ , 1985.
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 ~%~ f~ , 1985.
s'/ 1/×
MORRIS DAWKINS, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY~Clerk
509050048
2FR 416
FILED FOR R£CO
CONCOMITANT ZONING AGREEMENT
'/.'!,c, KITSA~ COU~__~AUDITOR
DEPU~ ....
WHEREAS, the owners of property located at 4808 Rogers
Street Bremerton, Kitsap County, Washington, which is more ,
particularly described in Exhibit "A" and the owners of property
located at 216 Western Avenue, Bremertdn, Kitsap County,
"B"
Washington, which is more particularly described in Exhibit
have requested that the above-described property be zoned as
Manufacturing upon annexation to the City.
WHEREAS, the City Planning Commission has recommended that
the above-described properties be assigned to the Manufacturing
District pursuant to the provisions of the Zoning Ordinance,
subject to the conditions stated herein pertaining to such uses
and the development of the property in order to ameliorate the
adverse impact of unrestricted use and development in a
manufacturing district; and
WHEREAS, the City Council on January 23, 1985, approved the
requested zoning classification, subject to the conditions set
forth herein; and
WHEREAS, the City of Bremerton 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 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 FULL CONSIDERATION of the City Council's approval
of zoning the above described property as manufacturing
district, effective upon the date of annexation, the owners do
hereby covenant, bargain and agree on behalf of themselves, their
heirs, successors and assigns, to develop their property in
accord with the conditions set forth below.
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R£[t352 417
These conditions must be satisfied upon issuance of either a
temporary or permanent certificate of occupancy authorizing use
of the above-described property for a non-residential or multi-
family use. These properties are particularly described in
Exhibit "A" and Exhibit "B". The owners have agreed to provide:
(1) Right-of-way dedication and roadway facilities as
specified by the City Engineer.
(2) Fire hydrants and/or other fire safety facilities
as specified by the Fire Department.
(3) Wastewater facility improvements to and on the
subject site related to the development of the
subject site as specified by the City Engineer.
(4) A twenty-five foot (25') buffer zone adjacent to
all residential zones.
1. In the event 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 of this Agreement are declared to
be severable.
2. 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 the owner) in writing and recorded with
the Kitsap County Auditor.
3. In addition to all other remedies available to the City
by law, the City reserves the right to initiate
proceedings to revoke the zoning of the property should
the owners fail to comply with any of the terms and
conditions of this Agreement.
4. The City may, at its discression, bring a lawsuit to
compel specific performance of the terms and conditions
of this Agreement.
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5. 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.
6. The owners agree to indemnify and save harmless the City
of Bremerton from and against all claims, suits, damages,
cost, losses and expenses in any manner resulting from,
arising out of, or connected with the owner's negligent
performance of or failure to perform fully any terms or
conditions of this Agreement.
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
OWNERS:
Approved as to form:
Ass~nt -C~t~ Attorney Date
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~XHIBI~_A
Sauer Property
PARCEL_.A
Lots 42, 43 and 44, Fernwood~ according to plat recorded in
volume 4 of Plats, page 89, in Kitsap County, Washington
The southwesterly 200 feet of lots 34, 35 and 36, Fernwood,
according to plat recorded in volume 4 of plats, page 89, in
Kitsap County, Washington;
EXCEPT that portion of said lot 34 that lies within the following
described tract:
Beginning at the most easterly corner of said lot 34; thence
northwesterly along the northeasterly margin of said lot 34, 60
feet; thence southwesterly parallel to the southeasterly line of
said lot 34, 200 feet; thence southwesterly to a point on the
southeasterly margin of said lot 34; 200 feet southwesterly of
the most easterly corner of said lot 34; thence northeasterly
along the southeasterly margin of said lot 34, to the point of
beginning;
TOGETHER WITH and easement over and across the northwesterly 12
feet of the remainder of said lot 36 and that portion of vacated
Ferndale Avenue lying between the northerly prolongation of the
northwesterly and the southeasterly margins of said easement to
Arsenal Way.
8509050049
42O
Hanberg Pr^-v~e~-~''~3
That portion of the northeast quarter of the northeast quarter,
section 21, township 24 north, range 1 east, W.M., in Kitsap
County, Washington, described as follows:
Beginning at the southwest corner of said northeast quarter of
the northeast quarter; thence north 495 feet; thence east 176
feet; thence south 495 feet; thence west 176 feet to the point of
beginning; EXCEPT the north 20 feet of the west 30 feet thereof
reserved for right-of-way in deed recorded under Auditor's File
No. 239892.
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ATTACHMENT
FINDINGS AND CONCLUSIONS OF RESOLUTION NO. 738
(Seattle Realty)
Findings of Fact
1. Applicant's Stated Intention: See Exhibit F of~ Planning
Commission Resolution~No. 738.
Please see Exhibit E of Planning Commission Resolution No.
~ 738 for all the uses permitted in the proposed zone.
2. 'History of Site: The subject site is the subject of an
annexation request, not at issue here. The site, located in
the County, has been single family residential in use since
the war. (An area larger than~the subject rezone is proposed
for annexation.)
3. Zoning Ordinance Provisions:
R-1 Zone * M Zone
Maximum 15 units/ Approx. 70 units/
Residential acre acre developed at
Density R-2 density
Maximum 30 feet 85 feet/8 stories;
Height 20 feet adjacent
to residential
Maximum 35% Not restricted
Lot Coverage
Front 26' feet None
Setback
Rear 25 feet None
Setback
Side. 5 feet None; 5 feet
Setback :_adjacent~to
res%dential
Minimum 4,800 sq. ft. beginning at
Lot Size 4300 sq. ft.
for Residential
Impervious not restricted not restricted
Surface
Openspace 65% required none specified
Landscaping none required required (section
717) along
parking areas
Parking 1 per unit Required amount
depends on use
* The R-1 zone is used as a comparison because if the site were
to be annexed without pre-zoning it would come in as R-1.
4. Estimated Traffic Generation: An increase in traffic could
be expected from property rezoned to Manufacturing.
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EE[352 422
5. Existing Use and Structures: Two single family homes are
located on the subject site.
6. Surrounding Uses and Zoning: Please see Exhibits B and C of
Planning Commission Resolution No. 738.
71 Total Lot Area: 6.33 acres.
8. Soils and Topography: Soils mapped as Alderwood very gravely
sandy loam, 0- to 30 percent slopes. Field observation
indicates maximum slopes less than 15%. This soil class has
adequate capacity to support heavy loads.
9. .Existing Environment: Developed urban environment, currently
.'residential in nature. Low density residential: established
gardens; also some wooded/underbrush area.
10. Access to Subject Site: Access to the subject site is
gained from Rodgers or Western. Subsequent development will
require access improvement of one or both of these streets
for manufacturing uses.
11. A.Information Regarding Adjoining Right-of'Way:
Area or Location Identification: Rodger§ Street, at Auto
Center Way.
Right of Way Width: 25 feet.
Pavement Width: 17 feet (varies a little).
There are no specified lane markings on street.
Type and Condition of Surface: Asphalt Concrete;__ fair
condition.
No on street parking is available.
No sidewalks or curbs are~provided. ~.
B. Information Regarding Adjoining Right-of-Way:
Area or Location Identification: Western Street, at Auto
Center Way.
Righ~ of Way Width: 30 feet.
Pavement Width: Varies from 10:to 12 feet,:- ~.
There are no specified lane markings on street.
Type and Condition of Surface: Asphalt Concrete; fair to
poor condition.
No on street parking is available.
No sidewalks or curbs are provided.
12. Existing Utilities: The subject site is served by all common
urban utilities.
Sanitary Sewer: Yes - on Rodgers Street.
Storm Sewer/drainage: Yes - on Kean Street.~
13. Nearest Bicycle Route(s): Auto Center Way.
14. Nearest Bus Route(s): 28 - ?oindexter/Kitsap Lake
20 - Navy Yard City
15. The subject site is adjacent to Council District No. 9. The
Kitsap Lake Neighborhood Plan (unadopted) designates the
subject site as single family residential. Please see
Exhibit G of Planning commission Resolution No. 738 for
applicable Neighborhood Plan Policies.
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423
16. State Environl,._ntal Policy Act (SEPA): Declaration of Non-
Significance issued October 3, 1984.
17. Bremerton Area Plan: See Exhibit D of Planning Commission
Resolution No. 738 for applicable policies.
,'onclusions
The subject site is located adjacent to property currently
zoned Manufacturing in the City.
The proposed rezone would be consistent with provisions of
the Bremerton Area Plan which call for the location of
industrial activities near transportation networks and
..eXisting industrial areas.
The proposed rezone site is located near major transportation
facilities (SR3) and is served by all major urban level
utilities and services.
The character of the area surrounding the subject site has
been changing in recent years. The area is in transition.
Manufacturing-type developments have located in the
surrounding area within the last 10 to 15 years and
encroached on the remaining reSidential dwellings.
The rezone should be conditioned on the commitment of the
provision of adequate community facilities, provided by the
developer, to include additional right-of-way and roadway
improvements to the right-of-way to be used as access to the
subject site and sewer system improvements, as specified by
the City Engineer, and fire hydrants or other community fire
protection facilities specified by the F~re Department.
The proposed rezone will become effective only when and if
the subject site is annexed, however such annexation is not
the-subject of this request. -
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