HomeMy WebLinkAbout3915 AN ORDINANCE amending the use and area maps of Ordinance
1792 upon. application of rezone from R-1 to B-3 and subject
to various requirements and other applicable laws and
regulations. (Rownd-Muller Company)
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at 925 Adele Avenue,
Bremerton, Washington, and has reviewed the record and resolution
of the Bremerton Planning Commission; and
WHEREAS, the City Council has adopted the findings of the
Planning Commission contained in Resolution No. 717;
NOW THEREFORE, THE CITY OF BREMERTON DOES REREBY ORDAIN:
~~: That the use and area maps of Ordinance No.
1792, are hereby amended in conformity with Title IV, Chapter 1
thereof, as follows:
.~ubject property:
A portion of Block B, Oyster Bay addition to Port
Orchard Navy Yard according to plat thereof as recorded
in book 2 cf plats at page 63, described as follows:
Lo%s 16 through 25 of said Block B.
BE AND THE SAME HEREBY is reclassified from Residential 1
(R-l) to Business 3 (B-3) subject to the following conditions as
set forth in 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:
Owner shall retain a 20 foot setback of greenbelt on the
subject property along 9th Street. The greenbelt
requirement is to provide protection to the adjacent
residential area from such potential environmental
effects as noise, light, glare, smoke and noxious fumes,
all in accordance with local and state SEPA provisions.
APPROVED by the City Council on the first reading this
~ day of ~~____~____, 1984.
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
C~ _., 1984.
MO'RM~-DAWKINS, Mayor
FILED FOR RECORD
ATTEST:
REQ. OF ~COR ...... L ~'LE ~NS~ ~ ~
RE[[31SFR 930
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington, 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 owners of certain property have applied for a
rezone of such property (hereinafter referred to as "property")
described below, which is within the City's jurisdiction; and
WHEREAS, the City Planning Commission has recommended that
the property located at 925 Adete Avenue, Bremerton, WA, which
property is hereinafter more particularly described, be rezoned
from Residential-1 (R-l) to Business 3 (B-3); and
WHEREAS, the City pursuant to RCW 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 ~ndicated willingness to cooperate
with the City of Br emerton to insure compliance with the
Bremerton Zoning Ordinance, and all other local, state and
federal laws relating to the use and development of the property;
and
WEEREAS, 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 the property located at 925
Adele Avenue, Bremerton, WA and more particularly described as:
A portion of Block B, Oyster Bay addition to Port
Orchard Navy Yard acco'rding to plat thereof as recorded
in book 2 of plats, at page 63, described as follows:
Lots 16 through 25 of said Block B. .
is rezoned by the City of Bremerton from R-1 to B-3 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree as follows:
84082,4006'7
[t318t: 931
I. Specific conditions:
Applicant shall ~tain a 20 foot setback ~ greenbelt on
the subject property along 9th Street. £he greenbelt
requirement is to provide protection to the adjacent
residential area from such potential environmental
effects as noise, light, glare, smoke and noxious fumes,
all in accordance with local and state SEPA provisions.
2. 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
e_n_d the terms of 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
the owners) in writing and recorded with the Kitsap County
Auditor.
4. 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
Agr e ement.
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, 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
Agr e eme nt.
8. This Agreement 'shall be binding on the heirs, assigns and
successors of the owners of the property.
84 0824 006'
· 932
DATED this 13 +~ day of ~_) ~i~, , 1984.
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:
OWNERS:
Approved as to form:
~ssis~nt city AttOrney
SUBSCRIBED AND SWORN to before me this 13th day of July, 1984.
NOTARY PUBLIC, in an~ f-o'r the
State of Washington, residinK
at Bremerton ....... ~-", ~
840824006'
933
8408240067
ROWND MULLER
ORDINANCE
ATTACH~.MENT
FINDINGS OF FACT
1. Proposal: Rezone R-1 t'o B-3. The uses allowed in R-1 and B~
3 zones are listed in Exhibit "A" i(Planning Corm~ission Resolution No. 717).
2. Structure, density and lot provisions:
Maximum 30 feet 30 feet at
Height this location
Maximum 35% 100%
Lot Coverag ~
Front 20 feet 40 feet from
Setback centerline
for non-
residential
structure
Rear 25 feet 25 feet at this
Setback location
Side 5 feet 5 feet where
Setback adjacent to
residential
districts,
otherwise, none
for non-
_. residential
structure
Minimum 4800 square No minimum for
Lot Size feet non-residential
structure
Maximum not restricted not restricted
Building Size
3. Access: Primary access to this site is via Adele avenue due
to existing driveway placements and topographic configuration
of the site. Access to the site is also available from 9th
Street and Bertha.
4. Parking: Off street parking for new uses must be provided
according to the provisions of the zoning ordinance currently
in effect.
5. Impervious Surface: Not restricted by zoning ordinance
provisions. Engineering Department drainage requirements
must be met for new construction.
6. Openspace (Space not covered by buildings): None required in
B-3 zone, however setbacks would probably result in some
openspace.
7. Traffic Generation: Potential traffic generation from uses
permitted in a B-3 zone is greater than traffic generation
from uses permitted in an R-1 zone.
8. Applicant' s Statement: "Rownd-Mu!l er Company will be
constructing a new facility (Bremerton Clinic) adjacent to
the requested rezone property. The rezoned-property would be
used to construct a parking lot."
8408240067 F£1318f 934
ROWND MULLER / ·
ORDINANCE -~ ~'
ATTACHMENT
B. BACKGROUND INFORMATION
1 Former Use and Structures: Residential structure at subject
site has been removed from its foundation and is to be moved
from site. A single family home is currently located in the
southwest corner of the site.
2. Surrounding Uses (and zoning): See Exhibits "C" and "D" (Planning
Comnission Resolution No. 717).
3. Total Lot Area: 25,200 square feet; 0.58 acre.
4. Soils and ToPOgraphy: Soils on the subject site have been
modified by urban use - Soils are mapped as urban land.
Alderwood complex 0-8 percent slopes. The topography of the
site slopes up to the South and West.
5. Natural Environment: The site has been developed for urban
use. Due to topographic constraints, a portion of the site
to the South and West have been undeveloped and contains
trees.
6. Adjacent Streets: Kitsap Way
a. Right of Way width: 120 feet
b. On street parking: No
c. Traffic Count: 34,468 (8/83)
d. Number of lanes:
e. Conditions: 4 plus turn lane
f. Pavement width: 72 feet
g. Sidewalks: None
7. Adjacent Streets: Bertha Avenue
a. Right of Way width: 50 feet
b. On street parking: No; some on right of way parking
c. Traffic Count: 300 (current estimate)
d. Number of lanes: 2
e. Conditions: Fair to poor
f. Pavement width: 30 feet
g. Sidewalks: None
8. Adjacent Streets: 9th Street
a. Right of Way width: 60 feet
b. On street parking: No
c. Traffic Count: 250 (current estimate)
d. Number of lanes: 2
e. Conditions: Fair
f. Pavement width: 26 feet
g. Sidewalks: None
h. 9th street pavement deadends 200 feet East of Bertha
9. Adjacent Streets: Adele Avenue
a. Right of Way width: 50 feet
b. On street parking: No
c. Traffic Count: 2,850 (current estimate)
d. Number of lanes: 2
e. Conditions: Good
f. Pavement width: 26 feet
g. Sidewalks: None
10. Existing Utilities: The site is currently served by urban
levels of utility service.
11. Planning Commission Preliminary Zoning Map "Number 12" dated
(undated) designates the subject site as SF on the West half
of the subject site and mixed on the East half..
\
84 0 8 2 4 0 0 6 7 935
ROWND I~fULLER
ORDINANCE
ATTACH~ENT
C. 'APPLICABLE DEVELOPMENT STANDARDS
1. State Environmental Policy Act (SEPA): A declaration of non-
significance was issued in conjunction with the proposed
rezone and the construction of a proposed 6,500 square foot
parking lot at the subject site on April 6, 1984.
2. Zoning Ordinance: Redevelopment of site must meet all
applicable requirements of the Zoning Ordinance (see A.2
above for surm~ary of structure density, and lot provisions
for non-residential building.)
3. Bremerton Area Plan: See Exhibit "E" for applicable
policies (Plarming Commission ResOlution No. 717).
4. Neighborhood Plan: The subject site is located in the
Charleston/National neighborhood (District 7). There is no
neighborhood plan currently in effect for this area.
ROWND ~fULLER
ORDINANCE
ATTACH!~fENT
CONCLUSIONS
1. The proposed rezone would be consistent with Bremerton Area
Plan policies which encourage new business development in
established business areas.
2. The proposed rezone would be compatible with adjacent land
uses which have been developed in the area. The subject site
is adjacent to a medical cl,inic to the immediate North.
There are numerous other businesses in the area zoned B or C
North of 9th Street to Kitsap Way (A major arterial) which
has numerous B and C zones.)
3. The proposed rezone would provide more intense use of the
subject property while being compatible with adjacent land
uses to the North and East. The residential area to the
South and West is separatgd physically by steep topographic
differences.
4. According to the information available to date, no
significant adverse environmental or public service impacts
have been identified in conjunction with the proposed rezone.
5. The existing infrastructure and utilities which serve the
property are capable of supporting urban levels of service;
for example, there are existing water and sewer facilities;
Bertha, 9th Street, and Adele Avenue are 2-way streets
improved and maintained to City standards.
6. The public ~OW's would most likely accommodate any additional
traffic which would be generated from a B-3 use at the
subject site.
7. A separate environmental checklist will be required for the
redevelopment of the Southwest portion of the site at the
time of construction.
840824006?
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