HomeMy WebLinkAbout3922 AN ORDINANCE amending the use and area maps of Ordinance
1792 upon application of rezone from B-1 to B-2 and subject
to various requirements and other applicable laws and
regulations. (Dave Jewell)
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property located on the Northwest
side of Kitsap Way - Northlake Way intersection (in City limits;
West property line adjoins City/County boundary line), in
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. 711;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: 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:
Portions of tract 13 and 14, Lake Kitsap Summer Homes,
Volume 3 of Plats, Page 94, City of Bremerton, in Kitsap
County, Washington, Section 8, Township 24 North, Range 1
East, W.M.
BE AND THE SAME HEREBY is reclassified from Business 1 (B-l)
to Business 2 (B-2) subject to the following conditions as set
forth in Section 2:
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:
The developer shall submit a building site plan to the
Planning Commission and City Council prior to development.
Such binding site plan shall include a twenty-five (25)
foot greenbelt along the North property line to protect
adjacent residences from potential visual and noise
impacts. Such binding site plan shall also address the
following environmental concerns: oil and gas
contaminates control, traffic volume and traffic
congestion impact, noise impact, and glare and light
impact.
APPROVED by the City Council on the first reading this
~ day of .~.'-z--.~x,~_¥¥- , 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
MO DAWKINS, Mayor
ATTEST: ILED FOR
TICOR TITLE iNsURANCE
KATHLEEN L.-McCLUSKEY, Clerk JAN !:: 1983AM
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 which property is hereinafter more
particularly described, be rezoned from Business 1 (B-l) to
Business 2 (B-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 on the
Northwest side of Kitsap Way - Northlake Way intersection (in
city limits; West property line adjoins City/County boundary
line), in Bremerton, WA, the and more particularly described as:
Portions of Tracts 13 and 14, Lake Kitsap Summer Homes,
Volume 3 of Plats, Page 94, City of Bremerton in Kitsap
County, Washington, Section 8, Township 24 North, Range
1 East, W.M.
850109003
is rezoned by the City of Bremerton from B-1 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:
The developer shall submit a building site plan to the
Planning Commission and City Council prior to development.
Such binding site plan shall include a twenty-five (25) foot
greenbelt along the North property line to protect adjacent
residences from potential visual and noise impacts. Such
binding site plan shall also address the following
environmental concerns: oil and gas contaminates control,
traffic volume and traffic congestion impact, noise impact,
and glare and light impact.
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
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
Agreement.
[[ 329 ' It664
8501090033
8. This. Agreement shall be binding on the heirs, assigns and
successors of the owners of the-~roperty.
DATED this /--~ .~/~ day of -. , 1984.
The p n(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:
~ City Attorney
SUBSCRIBED AND SWORN TO BEFORE ME THIS 25TH DAY OF JULY, 1984.
NOTARY PUBLIC, in a~d for the
State of Washington, residing
at Bremerton.
85010900
AMENL, ED ZONING MA~ No_ 373
CITY OF BREMERTON, WASHINGTON
~oo~..~,.~ o.~,.~.o~ .o_ 3 9 2 2
ADOPTED BY THE COU~'{C~L OF THE C~TY OF BREMERTONg/16/84
BUSINESS TWO (With Restrictions) i~ EXISTING (R-I)
~-~4; Previously
~ EXISTING
D '",~ " (B-I)
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