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HomeMy WebLinkAbout4085 / AN ORDINANCE amending the use and .rea maps of Ordinance 1792 upon application of rezone from R-l_ko_]~ and subject to various requirements and other applicable laws and regulations. (HEMP Rezone) WHERE., the City Council of the City of Bremerton has heard testimony on the rezone of the property at ~2~_~~ and 2602 and ~~_A~ Bremerton, Washington, and has reviewed the record and resolution of the Bremerton Planning Co~ission; and WHERE., the City Council has adopted the findings of the Planning Co~ission contained in Resolution No. NOW THEREFORE, THE CITY OF B~MERTON ~ES HEREBY O~AIN: ~ That the use and area maps of Ordinance No. 1792, are hereby ~ended in conformity with Title IV, Chapter 1 thereof, as follows: Subject Property: ~hereo~ recorded in Vo1~e 9 oE Plats ~~unty, Washington. ~71'[~. ~ Lot 21, Higgen Addition Replat, according to plat 19~ [{~ ~unty, Washington. ~ Lot 1, BloGk 6, Third Addition to Sheridan Park, p%06~__ according to the plat thereof, recorded in Vol~e 8 of Plats, ~[~{~{~ ~%~ Page 64 through 67, inclusive, records of Kitsap County, t h he o c Vol~e 8 of Plats, Pa9e 64 through 67, records of Kitsap County, Washington. BE ~D THE S~E HEREBY is reclassified from ~ential (R- 1) to Business (B-2) subject to the following conditions as set forth in Section 2: ~~ 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 Agreements, which ape attached hereto as Exhibit ~A~ ~ 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 _~F~ day of ,1986. 861138010 , ~ayor ATTEST, [1400 596 KATHLEEN L. McCLUSKEY, Clerk C REQ. OF NOV ~ -: 1986A~ CONCOMITANT ZONING AGREEMENT KI"i'SAF~ COUp's, ? AUDITOP~ DEPUTY ...... ~ .... WHEREAS, the City of Bremerton, Washington, a first class City under the laws of the State of 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 2603 and 9.611 Ash St.._ and _2602 and 2610 Cherry Ave.. in Bremerton, WA, which property is hereinafter more particularly described, be rezoned from ~{esidential (R-l) to Business (B-2); 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 comp1 lance with the Bremerton Zoning Ordinance, and all other local, State and federal laws relating to the use and development of the property; and 8611260103 59'7 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; NOW THEREFORE, in the event the property located at ~ 2603 Ash St., and Z~--~ Cherry Ave., in Bremerton, WA and more particularly described as: ~~ Lot 20, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 21, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 1, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 to 67, inclusive, records of Kitsap County, Washington. ~ Lot 2, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume $ of Plats, Page 64 through 67, records of Kitsap County, Washington. is rezoned by the City of Bremerton from ~r~_~ and in full . consideration of the event should it occur, the owners do hereby covenant and agree: 1. To restrict future use of the subject parcels to professional office or medical/dental clinic and required off-street parking in accordance with pertinent building and zoning codes. 598 86 03 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 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. 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. 86 ! 1 2 6 01 0 3 - l l t400 599 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 that they are the sole holders of fee simple interest in the above described proper ty: OWNERS: (PARCEL ,/j ) ss. County of .~ ,7~'~ ) _ '- ~ ' ~c'- .C¥~ ~ A.D. On ~his / 7 ~ day of . z , . . before me, the undersigned, a Notary Public in and for the State of ~(.:~] %r~/]' ~ 7 ~ , I ~ 'duly commissioned and sworn personally appeared /)y~/~ zA L ~,k?c] % 6~ to me known to he the individual___ described in ~d who execu~~%~."~regoing instr~ent, and acknowledged to me that , he~%tq.~.]~ sealed the said instrument as ~,~ free and deed for the uses and purposes therein NE~ m~a~ and official seal hereto affixe~%~0~a~00 an~%a~ ~h~ ~,rtificate above .~ritten. 8 11 g00103 //~tary Public, : ln~and'for.._ the ~/~'~ ( State Of_/~"~~f>"~'L-~~ ,-.~ Approved as to form:~ ~' ~-- residing at~.~{ ~'--,~¢'~ HEMP REZONE CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Bremerton, Washington, a first class City under the laws of the State of 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 2603 and 2611 Ash St.. and 2602 and 2610 Cherry Ave.. in Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential (R-l) to Business (B,2); 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 8 6 1 1 2 6 0 1 0 3 K[ 4001 601 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; NOW THEREFORE, in the event the property located at ~ 2603 Ash StL, and 2~2 and. 2610 Cherry Ave~, in Bremerton, WA and more particularly described as: ~ Lot 20, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 21, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 1, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 to 67, inclusive, records of Kitsap County, Washington. ~ Lot 2, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 through 67, records of Kitsap County, Washington. is rezoned by the City of Bremerton from ~_~-2 and in full. consideration of the event should it occur, the owners do hereby covenant and agree: 1. To restrict future use of the subject parcels to professional office or medical/dental clinic and required off-street parking in accordance with pertinent building and zoning codes. 8 {31 1 2 6 0 1 0 3 602 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 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. 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. 86 ! ! 6 0 ! 0 3 [[i400Fi 603 7. This Agreement shall be binding on the heirs, assigns and successors of the owner of the property. DATED this ~'u day of C~3c /~'- , 1986. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property: OWNERS- (PARCEL 2) ) SS. County of ~/~/l?~ ~/t ) On this o~ day of ~,c -/- -~. ... , A.D. 19~ .ca~, before me, _the undersi~gned, a ~No~ary Public in and for the State of ~ ~ · ~ duly commissioned d sworn perso~~ap~~~D,=~L ~/~ ~ ~ ~ ~ .... ~ to me known to be the individual.._ described in ~d who executed the foregoing instr~ent, and acknowledged to me that he .. signed and sealed the said instrument as free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day ~d year in this certificate abov~te~. ~ ~oear~ ~ublic ~n~and for the ~ 'City Attorneyof ~00~ 604 HEMP REZONE CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Bremerton, Washington, a first class City under the laws of the State of 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 2603 and 2611 Ash St.. and 2602 and 2610 Cherry Ave., in Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential (R-l) to Business (B-2); 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 8 6 1 1 2 6 0 ! 0 3 [Et4001 605 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 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- 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. 8 6 ! 1,2 6 01 0 3 , l l t4001 606 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; NOW T~EREFORE, in the event the property located at 2611 and 2603 Ash St., and 2602 and 26~0 Cherry. Ave., in Bremerton, WA and more particularly described as: ~ Lot 20, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~_~ Lot 21, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 1, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 to 67, inclusive, records of Kitsap County, Washington. ~ Lot 2, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 through 67, records of Kitsap County, Washington. is rezoned by the City of Bremerton from ~_~_~-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree: 1. To restrict future use of the subject parcels to professional office or medical/dental clinic and required off-street parking in accordance with pertinent building and zoning codes. 86.! .! 601 0 3 { [[1400Fi 607 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 that they are the sole holders of fee simple interest in the above described property: (~NERS: (PARCEL 3) STATE OF WASHING?ON ) ) ss GOUNTYOF KITSAP ) On this 29th day of October , A.D. 19 86 , before me, the undersigned, a Notary Public in and for the State of Wash±n~ton , duty conmissioned and sworn personally appeared DONALD W. HORN and NANCY A. HORN to me known to be the individuals described in and who executed the foregoing instr~nent, and achknowledged to me that they signed ans sealed the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. ./'~i. ~I~qESS my hand and official seal hereto affixed the day and year in ~.this certificate above written. o State ~ ' of Washington residin~ at Bremerton · Notary I{xpires 7-15-90 APPllJVEDA8 to form:~/.,.r,,~ .... _ ...--_. .... Cf t2;7~ft0rney CI~{RI(~2q, Acting 8611260103 HEMP REZONE CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Bremerton, Washington, a first class City under the laws of the State of 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 2603 and 2611 Ash St.. and 2602 and 2610 Cherry Ave.. in Bremerton, WA, which property is hereinafter more particularly described, be rezoned from Residential (R-l) to Business (B-2); 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 8 6 ! I 6 0 ! 0 3 {{t'4OOg 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; NOW THEREFORE, in the event the property located at 2611 and 2603 Ash St,, and 2602 anO 2610 Cherry Ave., in Bremerton, WA and more particularly described as: ~.~ Lot 20, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 21, Higgen Addition Replat, according to plat thereof recorded in Volume 9 of Plats Page 49, records of Kitsap County, Washington. ~ Lot 1, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 to 67, inclusive, records of Kitsap County, Washington. ~_~ Lot 2, Block 6, Third Addition to Sheridan Park, according to the plat thereof, recorded in Volume 8 of Plats, Page 64 through 67, records of Kitsap County, Washington. is rezoned by the City of Bremerton from ~_]~ to_~-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree: 1. To restrict future use of the subject parcels to professional office or medical/dental clinic and required off-street parking in accordance with pertinent building and zoning codes. 86 11 2 6 01 0 3 t40.O 610 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 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. 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. 8611260103 [t400 61t 7. This Agreement shall be binding on the heirs, assigns and successors of the owner of the property. DATED this /~ day of ~-/ , 1986 The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property: OWNERS: (~ARCEL 1) County of ~ ~___ ) ~On this ~V day of ~i. ~ ~' ........ , A. D. 19 ~, , befor~ me, the undersisned, .a Notary Public in and for the State o~ ~'~J~ ,..~n / , . duly co~issioned and sworn personally appeared ~%~~ and to me know' to be the President and Secretary, re~ectively, the corporation ~hat executed =he fore~o~n~ ins=rument, and acknowledged the said instr~ent to be the free and voluntary act and deed o~ said corporation, for the uses anO purposes therein mentioned, and on oath stated ~hat ~~ he authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal h~reto affixed =he day and year in this cer=ificate above Notary Public in aha for ~h~ Sta=~ o~ {~:~'"m~ r~sidi~ a= _. Approved as ~o ~orm: ~C~y .... ~t400~ 612