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HomeMy WebLinkAbout3982 ORDINANCE NO. ~.~'.i. 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. (Bremer's Inc.) WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property at 1329 Crawford Drive, E[et~e~.ton, Washington, and has reviewed the ~ecord and resolution of the Bremert. on Planning Commission; and WHEREAS, the City Council has adopted the recommendation of the Planning Commission that this prcperty be rezoned and the Cit) Council has imposed development conditions on this site ~ur ~uant to the t~.e r ms of a Concomitant Agreement (see atta:chments) . NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: ~LCI'.IQ.N__i: That t~e use and area maps of Ordinance No. 1792, and hereby amended in conformity with Title IV, Chapter 1 the~e,~f, as follows: }~rentwood Park, BLK-001 Lot 026 D-.00 Ptss of Lot 26 the N 82 ft. of W. 105 ft. of E 295 ~t., Vol. 5~ Pg- 2, of the ~ecor~]s of Kit. sap County, WA. }~E AND THE SA~E }Ii~H<P;Bk' i=~ ~;eclassified from Residential ~ {R-I} to ~usiness 2 ~I~-2) subject to the fol]owin9 conditions as .~;et f(~rth in Section 2: ~.~'IJIQ~_2: That the development oi this property shall, be goverpe~] by all applicable laws and [~egulations, and the terms of the Conco~itant Agreement, which is annexed to this Ordinance, a~d inc.~udes the fo]lowi~g conditions: SEPA (State Environmental Policy Act); RCW 43~21C, WAC 197-10, Bremerton Ordinance 3306: (1) To restrict the development of the property to professional office use to protect surrounding property owners from non-compatible B-2 uses. 2) To provide adequate noise and glare protection to protect surrounding residential property. 3) To provide adequate parking on and off the site in accord with the requirements set forth in sections 713 and 715 of the Bremerton Zoning Ordinance. APPROVED by the City Council on the first reading this r'l d a y o f _ __~-k__~%._~-~ ~- , 19 8 5. 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 \~ day of M, ORRIE DAWKINS, Mayor A PTLS ~: KATllLEEN L. McCLUSKEY, Clerk A MENDED ZONING M~ N~ CITY OF BREMERTON, WA,.,HI, JGTON ACCOMFANYING ORDINANCE N.9. ADOPTED BY THE COUNCIL OF THE CITY OF BREMERT~ ,/~ - / 7'-~ .... .'~ -- z] ~ ~, Y';?.771 CONCOMITANT ZONING AG}~EEMEN'P WHEREAS, the City of Bremerton, WasNington~ a first class C~ty under the laws cf t~.e State of Was~:ington, has authority t< enact ]a%;,s and enter i~to a,~ree::~ents to p:'omo[:e the heal. th., safety and welfare o'f its citizens,and thereby control the use and development of p~operty within its ju~:]sd>~ction; a~'~,d WHEREAS~ r~he owners of certain property N~ve applied for r~:zone o~[ such property [horeirtafter rel~er~.'e~ 'to as d~scrJ_bed below, which is within tNe City's jurisdiction; and WHER[{AS~ the City Planning Commission has recommended that the p~'operty located at 1329 Crawford DrJ. ve~ in hremerton, w[~icn p~ope~'ty is herereinafter more particulaz]y described, be r<~z.:~ned from P. esideptial ! (R--I) to Business 2 (B-2)l and NH t'.E['~AS ~ the City pursuant to RCW 43.2 1C~ the State E.~v.~ronmentat Policy Act, should miti~:~ate any adverse impacts %.~ ]~?~ might result bec.~use of the proposed re, zone; and :.;ffhhY{bAS~ tl]e owners have ir~dicated wilJi~:gness to cooperat.{: wit;' the City of [~c. merton to insure comp] iance with the B z' c:~,:e ~' t s."~ aching Ordinance, and all o-al,er local, Stat:e and :[~der'.-:l laws ~cl. atin~ t:.e the use and dev~.-,l<'}p:aet,t of the a~d 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; '~ ~ ~ ~ in the event the prope~'t¥ !ocated at 1329 NOW TH ~REt' O~,~E, Crawford Drive, in Breme~ton, WA an~J more part. icula~'lv described as: Brentwood Park, BLK-001 Lot 026 D-O0 PT o~ Lot 26 the N 82 ft. of W. 105 ft. of E 295 ft., Vol. 5, Pg. 2, of the records of Kitsap County~ WA. ~s 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) To restrict development of the property to professional office use to protect surrounding ~roperty owners from non-compatible B-2 uses. 2) To provide adequate noise ~nd glare protection to protect surrol,~nding residenti~l puoperty. (3) To provide adequate parking on and off the site in accord with the requiren~ents set forth in s~ctions 713 and 715 of the Bremerton Zoning Ordinance. In the event that any term or clause of thi~ Agreement cenflicts with applicable law, s~ch conflicts shall not a~fect oth~r te~ms ol this Agreement whJ cl~ can be given elfect without the conflicting ter,~~ or clause, and to this end of the terms this Aqreement are declared to be severable. '2. A~y an~endment or modifications of ~'~.,~i~ Agreemer~t shall be valid on!.~ if mutuality ag~eed~ upon by ~]~.~ ,.~[t ~ of Bremerton and the owu~ei~s (including heirs, assign~?e~ a~ s[~ccessors to tl'.e owner) in wuiti, ng and record~d with the Kitsap County Audi tot. in addition to all c, ther remedies availa~)].c to the City by law, the City reserves the right to initiate proceedings to revoke the rezoning of the property should the o%~;ners fail to compli; with any of the terms and conditions of this Aq r eeme ['~t ~ . Ine City may, at its discretion, bring a lawsuit to c,-~mp ~.~-~c~£ic performance of the terr~s arid conditions of this Aq~ ...e.~ .... nt 5. Nothing in this A%~:eement shall be const]ued to restrict the authority of the City to exe.[~.z~: its power ~-o rezone the property in future years. 6. Tie owners agree to indeRnify and save harmless the City of Bremerten from and against all ~' ~ ~' c~_ai, ms, sL[its, damagese .losses and expenses Jn any manner resulting from~ arising out ol, or c,'.~]~e..~.~-~'t wi. th the own(Pis ' ~es.~ igent performance., oi o~.. failure to per~o~:m [ully any terms o[ c . on~.~tions of this 7, This Agreement shall be bindzng os the heirs, assigns S ~- '- ,~"cC ~,~ce~r,. of the owner of the property. The person fs) whose names are subscribed herein do hereby certify that they are the sole ho].de~[s of fee s~mple interest in the above described property: OW N ER S: Al?proved as ~.o £orm.: Assistant City ~ttorney " day of :.Dz., .~ S~.,~CRIBED AND SWOR~:i to before me thi:~ _~, ............ , ] 9 8 5. NOTAE¥ PUBLIC, in and for the State o£ Washington~ residing a t ¥?, t':' e me r t o n.