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HomeMy WebLinkAbout3916 ORDINANCE NO. ~ AN ORDINANCE amending the use and area maps of Ordinance 1792 upon application of rezone from R-1 to R-2 and subject to various requirements and other applicable laws and regulations. (Higgen) WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property at 1212 Park, 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. 706; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: $~: That the use and area maps of Ordinance No. 1792, are hereby amended in conformity with Title IV, Chapter 1 thereof, as follows: Lots 10 and 11, Block ]., Park Place Addition to Bremerton, as per plat recorded in Volume 3 of Plats, page 30, records of Kitsap County. BE AND THE SAME HEREBY is reclassified from Residential 1 (R-l) to Residentia'] 2 (R-2} ~ subject to the following condition as set forth in Section 2: ~: That the following requi r ement and other applicable laws and regulations shall apply to the property rezoned by this Ordinance and Ordinance No. 1792: 1. In the event this property is developed as a private club, fraternity or lodge, envirorunental effects of noise shall be identified and mitigated by the City of Bremerton Planning Commission. APPROVED by the City Council on the first reading this ~. day of _~~ , 1984. PASSED by the City Council of the City of Bremerton, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ t day of ~'~~ , 1984. 'MoR~IE DAWKINS, Mayor ATTEST: ~C~ TtCOR TITLE ~N$[m?.NCE REO. O~ ~THLEEN L. McCLUSKEY, Cl~k AUG ~4 1984 ~M~:~ SH~RR,L ,UFF ~~~~ KITSAP COUNiY AUDITOR ~~~ 8408240063 ~UTY ~ [B318 919 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 1212 Park Avenue, Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential-1 (R-l) to Residential 2 (R-2) 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 indicated willingness to cooperate with the City of Bremerton 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 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 the property located at 1212 Park Avenue, Bremerton, WA and more particularly described as: Lots 10 and 11, Block 1, Park Place Addition to Bremerton, as per plat recorded in Volume 3 of Plats, page 30, records of Kitsap County. is rezoned by the City of Bremerton from R-1 to R-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree as follows: 8408240063 920 1. Specific conditions: A. In the event this property is developed as a private club, fraternity or lodge, environmental effects of noise shall be identified and mitigated by the City of Br emerton Planning Commission. 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 end 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 Agreement. 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 Agreement. 8. This Agreement shall be binding on the heirs, assigns and successors of the owners of the property. 8408,?,40063. [ t318I:" 921 DATED this ~ day of ~~.lc~ , 1984. The pe~on(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: .~ . Assista~ City Attorney STATE OF WASHINGTON, County of KITSAP ] ss. I, H.N. FERGUSSON, Notarj' Public in and for the State of Washington, do hereby certify that on this 2-'day of Ausust, 1.984, personally appeared before ::-~.e FRED J. AND HELEN R. HIGGEN to ~ne kno'..,n to be the indiv~uua]s described in and who executed the within instrument and acknowledged that they signed the same as ~heir free and voluntary act and deed for the uses and purposes herein mentionSd.; . GIVEN U~PE~ MY '-'~ND AND OFFICIAL SEAL ~~ ~ o ' Notary Public in and for the State of ~'~ashi_ .t~residino'-~t~':B're~,e~'on in said County. 8408240063 [[1318f 922 8408240063 HIGGEN ORDINANCE ATTACH~NT FINDINGS OF FACT A. SUMMARY OF PROPOSAL: 1. ~sesj Uses permitted in an R-2 zone are listed in Exhibit "C" (Plaun~, Com~/ssio ~esolutionN6. 706). 2. Structures: The largest structure permit'~ed in an R-2 zone is six (6) stories or seventy (70) feet. 3. Density: Up to approximately 70 units per acre can be placed on R-2 zoned land. 4. Estimated Traffic Generation: Approxima~:e!y 8.05 trips per unit per weekday can be expected from a multifamily development (Source: Kendig, Performance Zoning). Approximately 12 u:~its could be placed on the subject site (if the proposed rezone is approved) which could generate approximately 101 trips per average weekday. Approximately 10 trips per weekday hour (maximum) could be expected from a development constructed within R-2 requirements, based upon .81 trips per unit per hour (op. cit.). Access: Park Avenue and alley east of Park Avenue. 6. T,~ta! Im~ervi©us Surface: Maximum amount of impervious surface is nou restricted and could reach 100 per cent. 7. Opeu Space: (Space not covered by buildings): Some open space is required in the R-2 zone. The specific amount would depend on the configuration of the building(s) and se'zbacks. $. Landscaping: No landscaping is require~ in an R-2 zone. 9. Basis for Request (Applicants' statement): "To construct a ninu unit apartment building." B. BACKGROUND INFORMATION: 1. Existing use: One (1) single family ~ome and an adjoining vacant lot. 2. Existing Zoning: R-1 Surrounding uses: See Exhibit "E"(Pl~u~nir~ Com~ission~esolutionNo. 706). a. North: One residential single family dwelling, then a five unit multifamily structure, then single family dwellings. b. East: Residential single family dwelling and low. density multifami~y. c.South: Residential single fancily dwelling; Lyons Den hair salon at northeast corner of ~ark and 12th. d. West: KJtsap Community Actio~ Program; further to the northeast is Smith Cove, older single family dwelling residential, commercial and the Port Washington Narrc~s. 8408240062 §23 HIGGEN ORDINANCE ATTACHMENT 4. Property Size: 92.5 x 84.0; 7,770 square feet; approximately .18 acres. 5. Topography: Slight slope downward to northwest. 6. Soils: Mapped as Neilton gravelly loamy sand, 0 to 3 per cent sJopes. This soil is well suited to urban development. 7. Adjacent Street: Park Avenue, functions as collector street: a. Right-of-way width: 60 feet b. Pavement width: 25 feet c. On Street Parking: Not available (parking strips on both sides. d. Traffic Count (1982): 2,675 vehicles per average weekday, north of llth Street, both directions. 8. Alley to East of Park: a. Right-of-way: 14 feet wide for 260 lineal feet from north side of 12th Street, to a dead end; no cul-de-sac. b. Pavement: Unimproved; in poor condition. 9. Nearest Bus Route: On Park Avenue - #24 - Olympic College Route; #51 - Sunday West Loop; #11 - Bremerton Ltd, runs on Warren Avenue, two blocks to west. 10. Nearest Bicycle Route: On Park Avenue i1. Smith (District 4) Neighborhood Planning Statement: The following Smith Neighborhood Planning Statement pertains to the proposed rezone: "The proposed rezone is located near an area designated "Low density residential" on the neighborhood's planning statement comprehensive plan map. 12. Sidewalks: On both sides of Park Avenue. 13. Planning Commission Preliminary Zoning Map: Number "7-E", dated 11-1-82 indicates this area as "MX" (mixed housing), 3.5 to 15/20 dwelling units per acre. C. APPLICABLE DEVELOPMENT STANDARDS: 1. State Environmental Policy Act (SEPA): A Declaration of Non-significance was issued January 30, 1984, based on the Environmental Checklist submitted by the applicant. 2. Sremerton Area Plan: See Exhibit "D" (P1H~r~ Commission Resolution No. 706). 3. Zoning Ordinance: Development or redevelopment of the site must meet all applicable requirements of the zoning ordinance. 840824006 ff318 924 HIGGEN ORDINANCE ATTACHMENT CONCLUSIONS 1. The proposed rezone is generally consistent with Bremerton Area Plan and Smith Neighborhood Plan policies which call for redevelopment of deteriorated housing and the location of housing convenient to activity centers. However, the proposed rezone is generally inconsistent with Bremerton Area Plan policies and Smith Neighborhood Plan policies which call for the provision of multifamily housing at scales and densities which are compatible with the existing neighborhood character. 2. The proposed rezone site is located within convenient bus, bicycle and walking distance of many activity centers. However, no on-street parking is available on Park Avenue. Parking strips are currently available. However, that area might be designated for landscaping or Park Avenue could be widened; the continued availability of parking in the right-of-way cannot be assured. 3. The density and scale of development which would be permitted by the proposed rezone is inconsistent with the character of the surrounding neighborhood. Some City Departments have identified parking and access problems in conjunction with the proposed development at the site. Such problems could affect any multifamily development undertaken at the site and, while the redevelopment of the subject site may be beneficial to the community, significant problems with the potential incompatibility with the density of the surrounding neighborhood indicate that the subject rezone should not be approved unless new information not identified in this report is presented at the public hearing. 8408240063 925