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HomeMy WebLinkAbout3637 FILED FOR RECORD REQ. OF PION£ER NAT'L. TITLE ~ AM 8:00 ORDINANCE NO. ~ SHERR~L HUFF K~AP COUNIY AUD~IOR AN ORDINANCE accepting and incorporating into the corporate limits of the City of Bremerton certain lands lying outside the limits of Bremerton and being contiguous to the City of Bremerton; designating City of Bremerton zoning classifications to the private properties annexed and enact- ing the zoning conditions adopted by City of Bremerton Ordinance No. 3357 and declaring an emergency. (Clares Marsh) WHEREAS, written notification of intention to commence annexation proceedings was received by the City Council on July 29, 1980 from the owners of not less than ten percent (10%) in value of the below described property according to the assessed valuation for general taxation purposes, and WHEREAS, a Publically advertised meeting was held between the petitioners and the City Council on September 14, 1980, the 49th day after the receipt of the 10% notification, at which meeting the City Council determined: 1. That the City would accept the proposed annexation; 2. That the City would require the simultaneous adoption of the zoning plan and conditions prepared in accor- dance with RCW 35.17.177 and .178; and specified in Ordinance No. 3357 dated March 30, 1977; and 3. That the City would require assumption of all of the City indebtedness by the annexed area, all as set forth in the City Council Minutes of September 16, 1980, and WHEREAS, a petition for annexation signed by the owners of more than seventy-five percent (75%) in value of the below described property according to the assessed valuation for general taxation of the property for which annexation was petitioned, was filed with the City on November 10, 1980 and upon certification of the percentage of assessed value represented was presented to the City Council on November EL229R2i --1-- November 25, 1980; and WHEREAS, the Planning Director determined on January 17, 1981 that no supplemental or amended Impact Statement needed to be prepared prior to action by the City Council on the proposed annexation because; 1. The proposed action is identical to the action discussed in the Environmental Impact Statement prepared by the City prior to adoption of Ordinance No. 3357 and 2. No significant new information concerning anticipated environmental impacts of the proposed annexation have become available to the City since circulation of such prior Environmental Impact Statement, and WHEREAS, the City Council finds that no supplemental or new draft Environmental Impact Statement is required because: 1. The proposed action is identical to the action discussed in the Environmental Impact Statement prepared by the City prior to adoption of Ordinance No. 3357 and 2. No significant new information concerning anticipated environmental impacts of the proposed annexation have become available to the City since circulation of such prior Environmental Impact Statement, and WHEREAS, the City Council directed that notice of a public hearing on the proposed annexation be given and, thereafter a public hearing was held on February 17, 1981 where written and oral testimony was accepted by the City Council, and following such hearing, the City Council determined to annex the below described property under the terms set forth by the City Council on September 16, 1980 and as out- lined in the public notice for the February 17, 1981 public hearing, and WHEREAS, the Kitsap County Boundary Review Board elected to invoke jurisdiction in the matter of the proposed --2-- annexation and held a duly advertised public hearing on April 9, 1981, and WHEREAS, the Kitsap County Boundary Review Board did on May 7, 1981 unanimously approve the proDosed annexation to the City of Bremerton, and WHEREAS, police protection for the affected area is currantly provided' by the Kitsap County Sheriff from its office located in Port Orchard, Washington, a distance of at least 11 miles from the property in question, and WHEREAS, fire protection for the affected parcel is currently provided by Kitsap Coutny Fire Protection Districts No. 9 and/or 15, which are both volunteer Fire Districts primarily equipped and trained to provide fire protection to the rural and suburban areas within such districts, and WHEREAS, emergency aid car or ambulance service for the affected area is now~p~ily pz~idedbyp~ivateenter~rise~.a~ WHEREAS, the City of Bremerton will provide improved police protection to the affected area from its police station located in downtown Bremerton, less than four miles from the annexation area, and WHEREAS, the City of Bremerton will provide improved fire protection to the annexation parcel by utilizing its full time professional firefighters trained and equipped primarily to protect the urban, business and commercial areas within the City of Bremerton, and WHEREAS, emergency ad car service to the annexation parcel will be provided to the annexation parcel by the City from the downtown fire station located less than four miles from the annexation parcel, and WHEREAS, the protection of the public health and safety of persons residing in, passing through, or conducting business . :..~ ~3= .- :. . :.: .,, within the annexation parcel will therefore be immediately improved upon annexation to the City, and WHEREAS, because of the urgent need for such improved police and fire protection and emergency aid car- resDonse to the annexation or, an emergency exists requiring the City to avoid any delay in providing such improved public services to the affected area now, therefore, THE C~TY OF BPEMERTON DOES ORDAIN: Section 1. That the following desCribed tract of land be and the same hereby is annexed and incorporated within and becomes a part of the City of Bremerton, to-wit: The east one-half of the Northeast quarter of Section 2, Township 24 North, Range 1 East, W.M., TOGETHER WITH the South 30 feet of the Southeast quarter of the South- east quarter, Section 35, Township 25 North, Range 1 East, W.M., EXCEPT the South one- half of the South one-half of the Southeast quarter of the Northeast quarter of said Section 2. Situate in KitsaD County, Wash- ington. Section 2. That the comprehensive planning and zoning for the above-described property set forth in City of Bremerton Ordinance No. 3357 dated March 30, 1977, shall be effective upon adoption of this Ordinance. Section 3. That pursuant to Ordinance No. 3357 the following described property be and it is hereby designated as falling within a Residential-One (R-l) zoning use classification under and pursuant to Ordinance No. 1792, the Zoning Ordinance of the City of Bremerton: The East half of the Northeast quarter, Sec- tion 2, Township 24 North, Range 1 East, W.M.; EXCEPT that portion lying North of the follow- ing described line: Beginning at the Northwest corner of the South half of the Northwest auarter of the Southeast quarter of the North- east quarter of said Section 2; thence East along the North line of said subdivision to the Northeast corner of said subdivision; thence South along the East line of said sub- division to an intersection with the projection West of :centerline of Broad Street as delineated on the Plat of Olof Linne's Home Tracts, Volume 8, Page 18, records of Kitsap County, Washington;  -4- thence Easterly along said projection to an intersection with the West line of said plat; thence North along said West line to the North- west corner of said plat; thence East along said North line to the Northeast corner of Lot 4 of said plat; thence South along said East line to the Southeast corner thereof; thence East along the North margin of Broad Street to an intersection with the East line projected North of the East line of Lot 14 of said Olof Linne's Home Tracts; thence South along said projection and the East line fo said Lot 14 to the Southeast corner thereof; thence East along the South line of said plat of Olof Linne's Home Tracts and projection East to intersection with the East line of said Section 2 and terminus of said line; EXCEPT roads; ALSO EXCEPT the South half of the South half of the Southeast quarter of the Northeast quarter of said Section 2; AND EXCEPT roads. Situate in Kitsap County, Washington. Section 4. That pursuant to Ordinance No. 3357, the following described property be and it is hereby designated as falling within Bremerton Business-Three (B-3) zoning use classi- fication under and pursuant to Ordinance No. 1792, the Zoning Ordinance of the City of Bremerton: The East half of the Northeast quarter, Sec- tion 2, Township 24 North, Range 1 East, W.M.; EXCEPT that portion lying South of the following described line: Beginning at the Northwest corner of the South half of the Northwest quarter of the Southeast quarter of the Northeast quarter of said Section 2; thence East along the North line of said subdivision to the Northeast corner of said subdivision; thence South along the East line of said subdivision to an inter- section with the projection West of center- line of Broad Street as delineated on the plat of Olof Linne's Home Tracts, Volume 8, Page 18, records of Kitsap County, Wash- ington; thence Easterly along said projection to an intersection with the West line of said plat; thence North along said West line to the Northwest corner of said plat; thence East along said North line to the Northeast corner of Lot 4 of said plat; thence South along the East line of said Lot 4 to the Southeast corner thereof; thence East along the North margin of Broad Street to an intersection with the East line projected North of the East line of Lot 14 of said plat of Olof Linee's Home Tracts; thence South along said projection and the East line of said Lot 14 to the Southeast corner thereof; thence East along the South line of said plat of Olof Linne's Home Tracts and projection East to intersection with the East line of said Sec- tion 2 and terminus of said line; EXCEPT roads. Situate in Kitsap County, Washington. Section 5. That the following Business Three (B-3) zoning conditions contained in Section four of Ordinance No. 3357 shall apply to that portion of the annexation area desig- nated a Business Three (B-3) as set forth above: Within the B-3 zoning classificaCi6n on the property within the annexation parcel, such zoning is conditioned on submittal to all departments that are usually required to review plans prior to obtaining a building permit of layout plans and review of appropriate measures to mitigate the impact on traffic, noise, light and drainage. Said plans shall include, but not limited to, mitigation and reasonable control of the following: 1. That the applicant prior to issuance of a building permit provide adequate funding for channelization lighting at the intersection of Riddell Road and Wheaton Way, unless already accomplished by the City, Counter or State. 2. That prior to issuance of a b~ilding permit, the applicant provide a plan to be approved by all departments that are usually required to review plans prior to obtaining a building permit, for lighting to be placed so as to minimize its effect on the surrounding area. 3. That prior to the issuance of a building permit, the applican~ provide pIans to be approved by all departments that are~usuallv required to review plans prior to obtaining a ~uilding permit, for the arrangement of parking and loading areas so as to reasonably minimize the effect of noise on the surrounding area. 4. That prior to the issuance of a building permit, the applicant provide a plan to be approved by all departments that are usually required to review plans prior to obtaining a building permit, for the provision of adequate screening between any pro- posed business use and adjacent residential areas. 5. That water shall be channelled into catch basins and screened prior to entry into the city sewer system in a system acceptable to the city Engineering Department. Section 6. The effective date of annexation shall be the same as the effective date of this Ordinance. Section 7. If any provision of this Ordinance or its application to any person or circumstance is held invalid by a Court of competent jurisdiction, the remainder of the act or the application of the provision to other persons or circumstances shall not be affected as a result of said provision being held invalid. Section 8. This act is necessary for the immediate preservation of the public peace, health and safety; the support of the City government and its existing departments and shall take effect immediately upon publication. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authenti- cation of such passage this ,,/~/~._day of /~ , 1981. ATTEST: [[229/]r21o8 PROPOSED ANNEXATION AREA AND ZONING PLAN