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HomeMy WebLinkAbout3709 ORDINANCE NO. _~__.~__~ ~ ~[ PIONEER NAT'L. TITLE INi' AN ORDINANCE amending the use and area maps of the. City of Bremerton, Ordinance No ,~ THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: That the use and area maps of Ordinance No. 1792 be and hereby are amended in conformity w. ith Title IV, Chapter I thereof as follows: PARCEL 1 That portion of Lot 20, Block 1, of Brentwood Park as per plat recorded in volume 5 of Plats, on page 6, records of Kitsap County, described as follows: Beginning at the northwest corner of said Lot 20; thence south 88°45'32"east along the north line of said Lot 20, a distance of 380 feet; to the true point of beginning of the tract herein described; thence contin- uing south 88°45'32'' east 315 feet; thence south lO14'28'' west 233.39 feet; thence west parallel to the south line of said Lot 20, to the northwesterly margin of State Highway No. 21; thence northwesterly along said margin 225 feet, more or less, to a point which is south 26o28 '56" west from the true point of beginning; thence north 26°28'56'' east 96.84 feet to the true point of beginning. Subject to easements, restrictions and reservations now of record. PARCEL 2 That portion of Lots 20 and 21 , Block 1, Brentwood Park, as per plat recorded in volume 5 of Plats, on page 6, records of Kitsap County, described as follows: Beginning at the northwest corner of said Lot 20, run- ning thence south 88o45 ' 32" east along the northerly line of said Lot 20, a distance of 695 feet; thence south l°14'28'' west 233.39 feet to the true point of beginning of tract herein described; thence continuing south l°14'28'' west 125 feet; thence west 100 feet to the easterly margin of State Highway ~21; thence north- westerly along the easterly margin of said Highway 153 feet to intersect a line drawn due west from the true point of beginning; thence due east to the true point of beginning. Situate in Kitsap County, Washington. PARCEL 3 That portion of Lot 20, Block 1, Brentwood Park, accord- ing to plat recorded in volume 5 of Plats, page 6, in Kitsap County, Washington, described as follows: Beginning at the northwest corner of said Lot 20; thence south 88°45 ' 32'' east along the north line of said Lot 20 a distance of 380.00 feet; thence south 26o28'56'' west a distance of 96.84 feet, more or less, to the north margin of Primary State Highway No. 21; thence northwesterly along the margin of Primary State 8208 ! 1Q 45 Highway No. 21, a distance of 354.50 feet, more or less, to the point of beginning. be, and the same hereby is reclassified from Residential Two (R-2) to Business Two (B-2), subject to the following conditions: 1 . This rezone 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 respons- ibility of the developer to assure compliance with the applicable provisions contained therein. 2. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein. 3. 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 City Council within ten (10) calendar days . 4. The developer shall agree to hook up to the sanitary sewer system at such time as the City determines said hookup is in the public interest. 5. Use of the site shall be limited to business and pro- fessional offices. Business uses which include other than incidental retail or wholesale transactions , whether accomplished on or off site, shall not be allowed . 6 . Prior to the issuance of any grading permits , the developer shall: a. Obtain Health Department approval for the septic tank and drainfield system or obtain City Engineer- ing Department approval for sanitary sewer connect- ion. b. Obtain approval of the Fire Department for removal of the existing building and fuel tanks. c. Obtain approval of the Engineering Department for provisions for temporary soil stabilization during construction. 7. Prior to the issuance of any building p~rmits the developer shall submit and obtain approval of responsible City departments for a site plan which includes: a. Location of a new fire hydrant on an adequate sized water main subject to Fire Department specifica- tions . b. Landscaping as follows: 8208110046 E 57 147i 2 (1) Kitsap Way: An area no less than ten (10) feet wide 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 following alternatives: 1 - Shrubs, a minimum of 3 1/2 feet in height, planted so that the ground will be covered within three (3) 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 (3) years; or 3 - A combination of earth-mounding and shrubs to produce a visual barrier at least 3 1/2 feet in height. (c) Said landscaped area may be located on the Kitsap Way right-of-way adjacent to the subject property with the following pro- visions: 1 - Said landscaped area shall be relo- cated to the subject property if the right-of-way is required for City use. 2 - The entire cost of moving said area shall be borne by the property owner. 3 - Prior to issuance of the occupancy permit the developer shall provide legal assurances, subject to approval of the City Attorney, sufficient to guarantee execution of 1 and 2 above. (2) Within an area fifteen (15) feet from inter- sections of each driveway and the edge of the street pavement, landscaping and screening de- scribed shall consist of plant materials which will cover the ground within three (3) 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 (6) feet in height. (3) Where trees overhang a sidewalk there shall be at least six (6) vertical feet of free sight clearance. (4) Within the Kitsap Way right-of-way in the area between the sidewalk and the boundary of the subject site, except in the ten (10) foot area landscaped as required in 7(b)(1): living ground cover planted to achieve total ground coverage within three (3) 8 08 ! 100 6 ff 257 i472 years, or lawn; trees and shrubs may be included at the developer's option. c. Signs limited as follows: (1) One (1) freestanding sign limited to an area of fifty (50) square feet and ten (10) feet in height and placed so as not to interfere with safe pedestrian or vehicular access. (2) One (1) wall-mounted sign limited to one hund- red forty (140) square feet. (3) Sign information shall pertain only to uses on the site. d. Exterior lighting which does not flood light the building facade nor directly illuminate adjacent USeS . e. On-site parking according to the following require- ments: (1) Medical offices: five (5) spaces per doctor. (2) Other offices: one (1) space per 350 square feet of gross floor area. f. A minimum of nine (9) minimum security bicycle parking spaces consistent with the Br emer ton Planning Commission's 1981 Adopted Bicycle Parking Standards. g. Provisions for erosion control and storm water detention and controlled outflow to Engineering Department specifications. h. Energy-conserving site and building design. i. Placement of all utilities serving the subject site underground where feasible. 8. Prior to the issuance of an occupancy permit, the de- veloper shall: a . Construct a Portland concrete cement sidewalk, curb and gutter along the entire Kitsap Way frontage to Engineering Department specifications and provide legal assurances, subject to approval of the City Attorney , sufficient to guarantee construction of said facilities if development and improvement plans for this portion of Kitsap Way are not yet finalized by the City. The location of said sidewalk, curb and gutter shall be determined by the City Engineer. b. Provide a binding legal agreement to participate to an equitable extent' in financing the construction of improvements (such as additional lanes) to Kitsap Way fronting the subject site at such time as they are determined necessary by the City. Such agree- ment shall be transferrable to potential future own- ers of said site. 8 0 8 1 10 0'4 6 4 c . Provide a performance assurance device to 110% of the estimated cost of landscpaing to be performed, whereby the property owner will provide the City with a non-revocable notarized agreement granting the City and its agents the right to enter the prop- erty and perform any required work remaining undone at the end of one year after issuance of a Certifi- cate of Occupancy. d. Provide a maintenance assurance device for at least 10% of the replacement cost of landscaping mater- ials, whereby the property owner will provide the City with a non-revocable notarized agreement grant- ing 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. e . Remove and replace any existing power poles if necessary to develop the site as required. f. Comply with all requirements listed above. APPROVED by the City Council of the City of Bremerton, Washington, on the first reading this /~" day of June, 1982. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~;~ day of June, 1982. ATTEST: KATHLEEN L. MANDIO City Clerk [25 i474