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.
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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
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