HomeMy WebLinkAbout4077 AN ORDINANCE amending the use and area maps of Ordinance
1792 upon application of rezone from R-1 to B-2 and subject
to various requirements and other applicable laws and
regulations. Regneld Robinson.
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at 126 S. Callow,
Bremerton, Washington, and has reviewed the record and resolution
of the Bremerton Planning Commission;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
~L~L~ON 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.-
Lots 11 and 12 and the north half of Lot 13, Block 5,
Charleston, as per plat recorded in Volume 2 of Plats Pages 16
and 17 records of Kitsap County.
BE AND THE SAME HEREBY is reclassified from Residential (R-
i) to Business (B-2) subject to the following conditions as set
forth in Section 2:
~J~T3~Q]~__~ That the following requirements and other
applicable laws and regulations shall apply to the property
rezoned by this Ordinance and Ordinance No. 1792:
1. Future use and development of the site shall comply with
local, state and federal laws.
2. This ordinance incorporates by reference the Concomitant
Zoning Agreement signed September 25, 1986, which is attached
hereto as Exhibit "A".
APPROVED by the_City Council on the first reading this
__~._ day of ~~--~g~ .... , 1986.
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
~, 1986. RLED FOR RECORd
' TLE INSURANCE ~.-,~ r_,.,~"~, ~,. --
ATTEST: OCT 23 1986 A ~.'~~ .... v.~, ,-,.~v.
HUFF'
..... -- . ...... cou, b'
KA~THLEEN L.--McCLUSKEY, [~l~k '.~y_.~ _
- t E'[396rR 594
8610230090
Regneld Robinson
EXHIBIT A
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Bremerton, Washington, a first class
City under the laws of the State cf 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 at 126 s. Callow , in Bremerton, WA,
which property is herereinafter more particularly described, be
rezoned from Residential (R_-_l_) to Business (B_L2_); 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;
8610230090 [ [3961 595
NOW THEREFORE, in the event the property located at 126
$. Callow , in Bremerton, WA and more particularly described
as: Lots 11 and 12, and the North half of Lot 13, Block 5, Charleston, as per
plat recorded in Volume 2 of Plats on Pages 16 and 17, records of Kitsap
County.
R-1 to B-2 and in full
is rezoned by the City of Bremerton from .....
consideration of the event should it occur, the owners do hereby
covenant and agree:
1. That any portion of any building constructed on the site shall require a front
yard setback of 10 feet from the property line.
2. Elimination of the most northerly curb cut servin~ the subject property and
reconstruction of the necessary curb, gutter and sidewalk.
1. 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 of the terms this Agreement are declared to be severable.
2. 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 owner) in writing and recorded with the Kitsap County
Auditor.
3. 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
Agreement.
REEL39GF 596
8610; 30090
4. The City may, at its discretion, bring a lawsuit to compel
specific performance of the terms and conditions of this
Agreement.
5. 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.
6. 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 terms or conditions of this
Agreement.
7. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
The person(s) whose names are
subscribed herein do hereby
certify tha% they are the
sole holders of fee simple
interest in the above described
property:
OWNERS:
8610230090 I:tEI t396FR 597
STATE OF __ . )
before me, the undersigned, a Nota% Public in and for the
State of ~ ~, ~-~- ..... , duly commissioned and
sworn personally ap~re~ ~C~_,~-~z~"~_~
to me known to be the individual_~_ described in and who
executed the foregoing instument, and acknowledged to me that
_3ihe~_ signed and sealed the said instument as_ _~.~ free
and voluntary act and deed for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day
residing a t__~~~,_
Approved as to form: <:.' .~. ..
~lit~ Attorney
861 0 2 3 0 0 9 0 ~[~[396~ 598