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HomeMy WebLinkAbout3868 FILED FOR RECORD ~EQ. OF TICOR TITLE INSU~?.,~.N( OCT ]O 1985 ,~ KITSA~ ~U~TY AU~ ORDINANCE NO. ~ ~ OEPUTY~ ~ ~N ORDINANCE amending Ordinance No. 3682~ Section 1, relating to Seattle Realty rezone and land use restrictions. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: Ordinance No. 3682, Section 1, is amended to read as follows: Section 1. That the use and area maps of Ordinance 1792 be and hereby are amended in conformity with Title IV, Chapter I thereof as follows: That portion of Government Lot 4, Section 16, Township 24 North, Range 1 East, W.M., further described as Parcels 2 through 8 (Exhibit A attached), LESS that portion already zoned B-3 by the City of Bremerton in Ordinance 2692, dated August 10, 1966. Situate in Kitsap County, Washington. BE AND THE SAME HEREBY is reclassified from Residential I (R-l) to Business Two (B-2) subject to the following restrictions: General Conditions: 1. This Change in Land Use Restrictions is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained herein. 2. The site shall be developed essentially the same as the site plan labeled Exhibit "A" except as modified to meet conditions of approval listed herein. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of an application for Change in Land Use Restrictions. 3. The site plan and conditions applicable to this rezone shall also be binding on all adjacent commercially zoned property to the south fronting on Kitsap Way, which was rezoned by Bremerton Ordinance No. 2692. 4. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of the Planning Commission, subject to appeal to the the City Council within ten (1) calendar days. .2 0 1211 8310100029 5. For uses other than a bank, the development of the area on the site plan labeled "Bank or Similar Use" shall require Planning Commission land use approval to assure that adequate parking is provided and that the proposed use does not include high traffic generators such as fast food restaurants, convenience stores or service stations. 6. No grading or construction permits shall be granted for the development of the subject property until an auxiliary power supply and facility is provided to Sanitary Sewer Pump Station 913. 7. Prior to the issuance of Grading Permits, the developer shall: a. Dedicate five (5) feet of right-of-way to the City of Bremerton along Shorewood Drive from Kitsap Way to the north line of the subject property. b. Provide plans indicating compliance with Engineering Department standards for erosion control. 8. Prior to the issuance of any building permits, the developer shall submit plans showing: a. Provisions for erosion control, storm water detention, and controlled outflow to Engineering Department standards. If the approved storm water runoff system is determined inadequate for any reason at any time after the occupancy permit has been granted, the subject property owner shall be required to conform to any additional requirements determined necessary by the City Engineer. b. Energy conserving site and building design. c. Detail for site lighting which indicates that parking area lighting north of the motel and office will not exceed sixteen feet in height, and is shielded so as to prevent direct illumination of residential properties. d. Detail in signing in addition to complying with sign regulations in zoning and building construction codes as follows: (1) Signs along the Kitsap Way frontage shall be limited to a single free-standing sign and to one ground-mounted sign not exceeding 30 square feet each for each building. These signs shall be placed so they will not interfere with safe pedestrian or vehicular access. (2) All other business signs shall be placed on building facades below the roof line and shall not be located on sides of buildings facing residential areas north of the site. (3) All signs along Shorewood Drive shall be limited to directional signs and shall be low ground-mounted signs not exceeding 3 1/2 feet in height or 6 square feet. 83101000 212 2 (4) Ail signs on the subject site shall be limited to those which identify uses on the site. f. Landscaping as follows: (1) Along Shorewood Drive: An area no less than twenty (20) feet wide, planted for total separation between the subject development and residential areas as follows: (a) Two rows of trees at least six feet in height, staggered, and planted at a maximum interval of no less than twenty (20) feet on center. No more than 25% of the required trees shall be deciduous. Existing large evergreen trees shall be retained to fulfill this requirement where feasible; (b) Shrubs, a minimum of three (3) feet in height, and other plant materials, planted so that the ground will be covered within three (3) years; and (c) An attractive, sign obscuring wood fence no less than six (6) feet high along the inner edge of the landscaping area, with all the above-required landscaping located between the property line and the fence, except where a variation in the fence location is needed to preserve existing significant trees or strengthen the fence structure. (2) Along the north and northwest edges of the subject property abutting the residential property fronting on Brentwood Drive: An area no less than twenty feet wide, or no less than ten feet wide if agreeable to the abutting property owner(s), as evidenced by a signed statement to that effect; natural vegetation within said area shall be preserved and additional native trees, shrubs and ground cover planted where necessary to screen the subject development from the adjacent residential property. An attractive 6 foot high solid wood fence shall be constructed along the southern edge of said natural area at the top of the bulkhead. (3) Along the north edge of the subject property abutting the residential property fronting on Shorewood Drive: A natural area shall be preserved which is an average of 35 feet wide but in no case less than 25 feet wide at any point, and which consists primarily of existing vegetation; further, an attractive sight-obscuring wood fence no less than eight (8) feet high shall be placed approximately through the middle of said natural area and shall be jogged as necessary to preserve existing trees or strengthen the fence structure; further, although no natural vegetation should be 83101000 9 removed, additional native plantings shall be added where necessary to screen the subject development from adjacent residential uses, in which case the existing natural vegetation may be disturbed. (4) Along Kitsap Way: An area no less than ten (10) feet wide, to provide effective visual separation of the development from the street and to soften the appearance of buildings and parking areas, as follows: (a) Evergreen and deciduous trees, with no more than 50% being deciduous, a minimum of six (6) feet in height, and planted at intervals of no greater than thirty (30) feet on center; and (b) Any of the alternatives: 1. Shrubs, a minimum of 3 1/2 feet in height, and ground cover planted so that the ground will be covered within three years; or 2. Earth mounding, an average of 3 1/2 feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years; or 3. A combination of earth-mounding and shrubs to produce a visual barrier at least 3 1/2 feet in height. (5) Within an area 15 feet from intersections of each driveway and the edge of the street pavement, landscaping and screening described shall consist of plant materials which will cover the ground within three years and which will not exceed 3 1/2 feet in height, to provide visual relief where clear sight is necessary for safe access. Trees are also permitted if the trunks are free of branches below six feet in height. (6) Where trees overhang a sidewalk, there shall be at least six (6) vertical feet of free sight clearance. (7) All healthy evergreen trees which are 8" in diameter or greater ~easured 4 feet above existing grade and all healthy deciduous trees which are 12" in diameter or greater measured 4 feet above existing grade and which will not constitute a safety hazard shall be retained in the required perimeter landscaping areas. Areas to be cleared for required utilities, sanitary sewer or storm drainage improvements are exempt from this requirement. g. Limitation of access to one driveway each to Kitsap Way and to Shorewood Drive; the access to Shorewood Drive shall be located at a point south of the Bayshore West Condominium 8310100029 4 driveway which is satisfactory to the Engineering Department. h. The location of new fire hydrants at the Shorewood Drive entry and on the west side of the complex in a location approved by the Fire Department. i.Installation of a grease trap in wastewater lines from the proposed restaurant. j. Detail which indicates that the exterior of the office building will be residential in character (including design, materials, colors, lighting and signing) with a sloping roof, and that the building heights will be limited to that shown on the approved site plan (Exhibit B). 9. Prior to the issuance of an occupancy permit, the developer shall: a. Construct sidewalks, curbs and gutters which meet Engineering Department standards along the entire site boundary of Kitsap Way and Shorewood Drive. b. Have participated to an equitable extent in the construction of a south-bound left-turn lane on Shorewood Drive which meets Engineering Department standards. c. Construct a right turn lane between the Kitsap Way/Shorewood Drive intersection and the proposed Kitsap Way driveway if determined necessary by the City Engineer, in which case this portion of the property shall be exempt from the above landscaping requirements. d. Provide a performance assurance device for 110% of the estimated cost of landscaping to be performed, whereby the property owner will provide the City with a nonrevocable notarized agreement granting the City and its agents the right to enter the roperty and perform any required work remaining undone at the end of one (1) year after issuance of a Certificate of Occupancy. e. Provide a maintenance assurance device for at least 10% of the replacement cost of landscaping materials, whereby the property owner will provide the City with a nonrevocable notarized agreement granting the City and its agents the right to enter the property and replace any unhealthy or dead plant materials for a period of one year from issuance of a Certificate of Occupancy. f. Install signing indicating right-turn only ingress and egress to Kitsap Way and necesasry "C" curbing to prevent such turns, to Engineering Department standards. g. Remove and replace the existing power pole located in the middle of the proposed driveway to Kitsap Way. h. Show compliance with all above requirements. i. Show compliance with all above listed conditions of approval. 5 10. If the approved storm water runoff system is determined inadequate for any reason at any time after the occupancy permit has been granted, the subject property owner shall be required to conform to any additional requirements determined necessary by the City Engineer. 11. The developer shall obtain approval from the Engineering and Wastewater Departments for a sanitary sewage system connection which will not increase the probability of malfunctions in the Oyster Bay sewer system. Such connection shall consist of the following: a. Install a new on-site sanitary sewer pump station to operate until such time as a second sanitary sewage line s installed along the beach between PS #14 and PS #13, at which connection will be allowed to the Shorewood Drive sewer. The property owner shall be responsible for all capital and operative and maintenance costs for said pump station. In addition, the developer shall construct a force main to an existing West Park Housing Authority sanitary sewer manhole located on the south side of Kitsap Way. The exact manhole connection location will be determined by the City Engineer at a future date. APPROVED by the City Council on the first reading this 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 ~C~ day of , Mayor ATTEST: KATHLEEN L. McCLUSKEY City Clerk 8310100029 (SUPER ¢; MOTEL) RESOLUTION NO. Page 1 A of l0 LEGAL DESCRIPTION BRE,,,E.xTON SUPER 8 >IOTEL ?ARC=,~" ' THAT PORTION OF GOVER~dENT LOT 4, SECTION 16, TOWNSHIP 2J NORTH, RANGE 1 EAST, W.5I., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS' COE5IINCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 16, WHICH BEAiS NC, RT,~ I x2'18" EAST 2633 O0 FEET rR.M THE SOUTHW ~nl;,aER OF SAiD SECTION 1~x' THENCE.,cOUTH 88~57'28'' EAST FEET TO EE :,C. RTHWEST c,~vcu OF S.:.i=~ G'3VER~ENT LOT 4, .... .,t~, 5,' EAST o0 ?"~ · ~ONTr;,uE~. .. ~quu,H S.S'~ - '~ ...... ~ · ' . ,) F==T ,:..~ ,~ I,',.izN6, TH::NCE NORTH ;'iF:ET I'~.. .00 .... IO THE ~'.~E .:~n~vT,~,.,. nF,, ='EG ,,v- · ,~, , .:,: EAST I"0 (]0 r=ET; [x'"C=z:,,,., qet~T}{ .,° ) 57 ~S" a.-~a='~, LIS 0,.' FrET ' '"~ '-' ,. ' .......... " '7 ST3TE =4'.;'. ~, :Er:T }.lO~' CR L~iS.$ ~O THE ;::~ ..[3.RU~., L:~ - FS.R. NO. 5'), THmN~E NOR'N-< ~9~12'1'0''" ~- - .,,,,,,.,, lO 3, :',, '.','EST 1i8.I5 Fa ~ A POINT ON A r rNE mt~xm BEARS ~'~ o , ,, ~ROM ~N~: TRUE ,~ ~ ..... -,~ . ~H 8,~ S ,S WEST r . " E~:~i.,NiNC TH,:.',Cz ouLlh 88 5 z,: T POI,~T OF nC ' .... r,, ~ c~ 1~ ' o ''~"" gAS ].72.77 FEEl' ?.(ORE "P LriSS TO THE TRUE Prqr~ .... :.I~ ~.F BECTNN~sro EXHIBIT A