Loading...
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 8604150083 [[[372F1t 670 v $t~ERRiL HUFF cou i/xumro 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; 8604150084 R£EL372FR 672 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. 8604150084 RE[L372FR 674 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. '~.