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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) HEEL329FRI666