HomeMy WebLinkAbout4037 DE?UI'Y
AN ORDINANCE amending the use and area maps of Ordinance
1792 upon application of rezone from R1 to B2 and subject to
various requirements and other applicable laws and
regulations. (MESSER ESTATE REZONE)
WHEREAS, the City Council of the City of Bremerton has heard
testimony on the rezone of the property at 143 S. Callow Ave.,
Bremerton, Washington, and has reviewed the record and resolution
of the Bremerton Planning Commission; and
WHEREAS, the City Council has adopted the findings of the
Planning Commission contained in Resolution No. 753;
NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 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:
The north 15 feet of Lot 26, all Lot 27, B~ock 4, Charleston
as per plat recorded in volume 2 of Plats, pages 16 and 17,
records of Kitsap County, Washington. Situated in Kitsap
County, Washington.
BE AND THE SAME HEREBY is reclassified from Residential 1
(R1) to Business 2 (B2) subject to the following conditions as
set forth in Section 2:
~E_Q~_~QN 2: That the following requirements and other
applicable laws and regulations shall apply to the property
rezoned by this Ordinance and Ordinance No. 1792:
Ail conditions and requirements outlined on attached
Concomitant Zoning Agreement.
APPROVED by the City Council on the first reading this
~ day of ~'~~ , 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
Get, Lobe, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
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CONCOMITANT ZONING AGREEMENT ~O!~T¥ ~1~
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 143 S. Callow Ave., in Bremerton, WA,
which property is herereinafter more particularly described, be
rezoned from Residential 1 (R1) to Business 2 (B2); 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;
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NOW THEREFORE, in the event the property located at 143
S. Callow Ave., in Bremerton, WA and more particularly described
as:
The north 15 feet of Lot 26, all Lot 27, Block 4,
Charleston as per plat recorded in volume 2 of Plats,
pages 16 and 17, records of Kitsap County, Washington.
Situation in Kitsap County, Washington.
is rezoned by the City of Bremerton from R1 to B2 and in full
consideration of the event should it occur, the owners do hereby
covenant and agree to the following:
1. Specific conditions:
A. The design of the developed site shall contain features
which will mitigate the impacts on public facilities of both
vehicular and pedestrian traffic generated by the
development. The owner voluntarily agrees to provide either
the effort or monies to produce the design and construct the
facilities to the satisfaction of the City Engineer.
B. The site plan design for future non-residential
developments shall be approved by the Bremerton Planning
Commission. The site plan shall address at least the
following factors: methods to reduce traffic impacts on
Callow Avenue, signing, sewer impacts, minimization of strip
development along Callow Avenue and methods of protecting
remaining residentially used property from impacts of the
proposed development.
2. 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
86041 $0084 E[372 673
effect without the conflicting term or clause, and to this
end of the terms this Agreement are declared to be severable.
3. 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.
4. 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.
5. The City may, at its discretion, bring a lawsuit to compel
specific performance of the terms and conditions of this
Agreement.
6. 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.
7. 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. This Agreement shall be binding on the heirs, assigns and
successors of the owner of the property.
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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:
Approved as to form:
City
1986.
NOTARY PUBLIC, in and for the
State of Washington, residing
at Bremerton. '~.