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HomeMy WebLinkAbout3918 / FILED FOR RECORD ]]COR TITLE INSURANCE REQ. O~ ....... "' SHER~,L HUFF OItDI~JJ~J~C..E NO. ~/0¢ KITSAI~ COUNTY AUDITOR DEPUTY '~ - AN ORDINANCE amending the use and area maps of-Ordinance e~ 1792 upon application of rezone from R-2 to B-2 and subject to various requirements and other applicable laws and regulations. (Olympic Peninsula Kidney Center) WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property located on the South 3 acres of property bordering Clare Avenue and Hemlock Street in East 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. 716; 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: Subject property: That portion of parcel 1, Block 3, Plat of Second Addition to Sheridan Park, according to plat recorded in Volume 8 of Plats, pages 74 and 75, in Kitsap County, Washington, lying South of the following described line; Commencing at the Northeast corner of said Block 3; thence along the Easterly line _-thereof, South 19.06'05" East, a distance of 96.91 feet to the~ beginning of a curve to the right whose radius point bears South 70.53'55" West 1497.60 feet; thence Southerly along the arc of said curve 305.23 feet to the True Point of Beginning of this line; thence South 70.53 '55" West, a distance of 335.12 feet to the Westerly line of said Block 3 and the termination point of this line. BE AND THE SAME HEREBY is reclassified from Residential 2 (R-2) to Business 2 (B-2) 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: That the property be Rezoned from R-2 to B-2 including a 10 foot setback to the North and West of a solid hedge-like greenbelt. APPROVED by the City Council on the first reading this I~..~ day of -.>..~r,. "~, , 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 MORRIS. DAWKINS, Mayor ATTEST: KATHLEEN L. McCLUSKEY, lerk 8410120042 E[[322Flt:t523 ATTACHI~ENT: Findings and Conclusions of Planning Commission Resolution No. 716 as adopted by City Council: Findings of Fact , 1. Proposal: To rezone approximately three (3) acres from R-2 to B-2. See Exhibit "E" of Planning Commission Resolution No. 716 for permitted land uses in each zone. 2. Structure, density and lot provisions: Maximum 70 feet or 30 feet above Height 6 stories height elevat- ion of sidewalk adjacent to residential zone Maximum None identified 10,000 square Building Square feet Footage Front 15 feet 32 feet from Setback centerline of street for non- residential Rear 15 feet 25 feet adjacent Setback to residential zone Side 5 feet 5 feet adjacent Setback to residential ' zone 3. Access: Clare Avenue and Hemlock Street. The location of access, drives for ingress and egress would be reviewed and approved by the City Engineer 4. Parking: Any B-2 use would require minimum parking provisions of Chapter VII of the Zoning Ordinance. 5. Openspace (Space not covered by buildings): No minimum amount of openspace is required in the R-2 or B-2 zones; however, the setback requirements listed above would apply and would result in some openspace remaining on the lot. 6. Traffic Generation: An increase in traffic could be expected from a site rezoned from R-2 to B-2. The public ROW's would be expected to accommodate any additional traffic from a B-2 use at the subject site. 7. Applicant's Statement: "To facilitate a kidney center in the approximate square footage of 7500." 8. Existing Use and Structures: Vacant (no structures). Heavy underbrush and some scattered trees. Some dumping of concrete and garden refuse has occurred at the site. 8410120042 {[ 322F 1524 9. Surrounding Uses and Zoning within 250 feet and beyond: North: 'Episcopal Church (R-l); duplexes beyond (R-l) South: Sheridan Shopping Village (C); City Parks Department (R-l) East: Retirement home (B-3); several medical clinics (B-3); hospital beyond (R-2) West: Nursing home (R-2); Warren Avenue Bridge (public ROW) beyond 10. Total Lot Area: Approximately three (3) acres. 11. Soils and Topography: Neilton gravely loam sand; moderate downward slope (about 6%) to the South. 12. Existing Vegetation: Heavy underbrush (Scotchbroom and blackberry bushes); scattered madrona, alder and conifer. 13. Adjacent Streets: Clare Avenu~ Hemlock Street a. Right of Way width: 60 feet 40 feet b. On street parking: Not desirable Yes c. Traffic Count: Est. 2500 Est.800 awd (1984) awd (1984) d. Number of lanes: (Conditions): 2 (good) 2 (good) e. Curb, gutter, and sidewalk (Condition): Yes (fair to Yes (fair to good) good) 14. Existing Utilities: Water, sewer, power and telephone serve the site. 15. State Environmental Policy Act (SEPA): Final declaration of non-significance issued March 26, 1984. 16. Zoning Ordinance: Redevelopment of the site must meet all applicable requirements of the Zoning Ordinance (see A.2 above for summary of structure, setback, and lot provisions for non-residential building.) 17. Bremerton Area Plan: See Exhibit "D" of Planning Commission Resolution No. 716 for applicable policies. 18. Manette Neighborhood Plan (unadopted): The land use designation for the site is "Health Care." See Exhibit "F" of Planning Commission Resolution No. 716 for Plan statement. 19. Preliminary Zoning Map M2E (unadopted): The land use designation for the site is "Professional Office." Conclusions 1. The proposed rezone would be consistent with adjacent businesses in the area. The subject site is in an area which has a conglomerate of medical services, e.g. clinics, nursing homes, the hospital. (In late 1955 this area was abandoned as war time housing; since then various medical-related facilities have located-in the area. The hospital established the precedence in 1963 and since then about fifteen major medical-related facilities have located in the area.) 2. The proposed rezone is consistent with Bremerton Area Plan policies which encourage new business development in established business areas. 8410 ! 2 004 Z 3. The proposed rezone would provide more intense use of the subject property while being compatible with adjacent land uses in the area. 4. 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 serving the site; Clare Avenue and Hemlock Street are 2-way streets improved and maintained to City standards. 5. Clare Avenue and Hemlock Street would most likely accommodate any additional traffic which would be generated from a B-2 use at the subject site. 6. The Planning staff has no objections to the proposed rezone to B-2. 8410120042 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 on the South 3 acres of property bordering' Clare Avenue and Hemlock Street in East Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential-2 (R-2) to Business 2 (B-2); and WHEREAS, the City put suant 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 civ il 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 on the South 3 acres of property bordering Clare Avenue and Hemlock Street in East Bremerton, WA and more particularly described as: That portion of parcel 1, Block 3, Plat of Second Addition to Sheridan Park, according to plat recorded in Volume 8 of Plats, pages 74 and 75, in Kitsap County, Washington, lying South of the following described line; 8410 120042 Commencing at the Northeast corner of said Block 3; thence along the Easterly line thereof, South 19.06'05" East, a distance of 96.91 feet to the beginning of a curve to the right whose radius point bears South 70.53'55' West 1497.60 feet; thence Southerly along the arc of said curve 305.23 feet to the True Point of Beginning of this line; thence South 70.53'55' West, a distance of 335.12 feet to the Westerly line of said Block 3 and the termination point of this line. is rezoned by the City of Bremerton from R-2 to B-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree as follows: 1. Specific conditions: That the property be Rezoned from R-2 to B-2 including a 10 foot setback to the North and West of a solid hedge-like greenbelt. 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. 84 10 120042 ?. 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 ~erform 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. DATED this // day of ~f , 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= Approved as to form: Assiska~ City Attorhe"y SUBSCRIBED AND SWORN to before me this //r~ day of ~.t,j , 1984. // ~~" 'fo¥ the NOTARY-PUBLIC, in a State of %!ashington, residing at Bremerton. 8410120042 fft322 1529