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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? [[t318[ 937