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HomeMy WebLinkAbout3875 J FILED FOR RECORD REQ]."I~.fOR TITLE INSURANCfi FEB ].5 1984 SH£RRiL HUFF AN ORDINANCE amending Ordinance No. 3~82 ~ Section 1, relating to Seattle Realty re~.one 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 s~bject 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. 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 840 150089 1 restaurants, convenience stores or service stations. 5. 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. 6. 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: 1) Does not floodlight the face of buildings, particularly the motel and office facades which adjoin residential properties to the north and east of the site. 2) 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. 3) Is limited to entrY way lighting on the north side of the motel and office and to that which is essential to pedestrian safety. The north parking areas shall not be lit by typical tall flood lights. 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 s~gn 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 8402150089 !i 300 2338 2 low ground-mounted signs not exceeding 3 1/2 feet in height or 6 square feet. (4) All signs on the subject site shall be limited to those which identify uses on the site. f. Landscaping as follows: 1. (a) Along Shorewood Drive: An area no less than 20 feet wide, planted in accordance with Exhibit E, except at the southeast corner of the site, from which 5 trees may be relocated to the northeast corner and that the trees are maintained in a healthy growing condition and replaced within one year if necessary. Relocation of these trees in no way relieves the contractor of the responsibility to provide proper screening of neighboring property. (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, sight 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, as follows: a) An attractive wood fence no greater than eight feet tall, which height shall vary slightly to conform to 8402150089 ii i 300 2340 topography, shall be constructed no closer than 15 feet to the north property line of the site. b) Said fence shall be jogged as necessary to preserve existing trees or to strengthen the fence structure; but no closer to north property line than 15 feet; c) Further, although no natural vegetation should be removed, additional native plantings shall be added where necessary to screen the subject development from adjacent residential uses, in which case disturbance of existing vegetation shall be kept to an absolute minimum. Provided, that the landscaping depicted in Exhibit E shall be installed along the north line as depicted thereon. Additional trees shall not be removed without written permission of neighboring property owners. d) All the landscaping depicted on Exhibit E shall be planted in calendar year 1983 and all landscaping shall be maintained to insure healthy growth; should it fail to survive it must be replaced as required by City Ordinance 3652 and the Planning Department letter of June 10, 1983, which is attached herein as Exhibit C. (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 5 0 08 9 ?! !300c 2341 4 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 measured 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 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). 7. 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 84o2150089 300 2342 provide the~City with a nonrevocable notarized agreement granting the City and its agents the right to enter the property 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. ~. 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. 8. 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. 9. Install sanitary sewer as required by the Engineering Department and pay to the City the amount of $8,500.00 which will be earmarked for construction costs to the Oyster Bay Force Main. The person required to pay the amount of $8,500.00 is Seattle Realty, Inc. or its successors or assigns. The amount of $8,500.00 has to be paid before the first occupancy permit is issued. APPROVED by theDCity Council on the first reading this /~ day of ~~~J~ , 1983. 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 Mayor ATTEST: KAT~{LEEN L. McCLUSKEY City Clerk ' i 30ff:2343 8402150089 6