HomeMy WebLinkAbout4038 ORDINANCE NO "4'//~/,~ .... -~O~TiT'~-: ~NSi~P~,..
AN ORDINANCE amending Ordinance No. 3946, S~-;Ei~LL HUFF
Section 1(7) relating to conditions imposed on KITSAPC0U[~]YAUDITOR
the Anderson rezone; and setting forth a new ~P. UT~=.~.~ ....... ~
Section 1 (9). ~- ~ g3~ ~;~/¢r/~ d~~
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: Ordinance 3946, ~1(7) relating to conditions is
amended to read as follows:
7. Prior to the issuance of any building permits, the
developer shall submit and obtain approval of responsible City
departments for a site plan which includes:
(a) Location of a new fire hydrant on an
adequate sized water main subject to Fire Department
specifications.
(b) Landscaping as follows.:
i. Along Kitsap Way: an area'no less
than fifteen feet (15') wide as follows:
ii. Evergreen and deciduous trees, with
no more than 50% being deciduous, a minim~
of six (6) feet in height and planted at
intervals of no greater than thirty (30) feet
on center; and
iii. Earth mounding, an average of 3 1/2 feet
in height, planted with shrubs or living ground
cover so that the ground will be covered within
three (3) years.
iv. Within an area fifteen (15) feet from
intersections of each driveway and the edge
of the street pavement, landscaping and
screening described shall consist of plant
materials which will cover the ground within
three (3) years and which will not exceed 3
feet in height, to provide visual relief
where clear sight is necessary for safe
access. Trees are also permitted if the
trunks are free of branches below seven (7)
feet fn height.
v. Where trees overhang a sidewalk there
shall ~ at least six (6) vertical feet of free
sight clearance.
vi. Within the Kitsap Way right-of-way in
the area between the roadway and sidewalk
pavement and any accessory parking located
within said right-of-way, landscaping, and
berming as directed by the Planning Director.
Said landscaping and berming shall be
developed and approved so that the parking
area shall be generally screened and the view
from off the premises shall be softened by
t.he landscaping.
vii. Before commencing to use City
right-of-way along Kitsap Way for parking and
8 05{ 007
z REE[375FH58
landscaping purposes, AAA must enter into a
revocable lease agreement with the City.
c. signs limited as follows:
i. One freestanding sign limited to
an area of fifty (50) square feet and ten (10
feet in height and placed so as not to
interfere with safe pedestrian or vehicular
access.
ii. One wall-mounted sign limited to
one hundred forty (140) square feet.
iii. Sign information shall pertain
only to uses on the site.
d. Exterior lighting which does not
flood light the building facade nor directly
illuminate adjacent uses.
e. Parking according to the following
requirements:
i. Medical offices: fLve (5) spaces
per doctor.
ii. Other offices: one space per 350
square feet of gross floor area.
iii. Dwelling units: one designated
space per unit.
iv. Up to 50% of the required office
parking may be provided off-site consistent
with the Joint Use Sections of 712-713 of the
Bremerton Zoning Ordinance.
f. Bicycle parking spaces consistent
with the Bremerton Planning Commission's 1981
Adopted Bicycle Parking Standards.
g. Provisions for erosion control and
storm water detention and controlled outflow
to Engineering Department specifications.
h. Energy-conserving site and building
design.
i. Placement of all utilities serving
the subject site underground where feasible.
SECTION 2: Ordinance 3946 is amended to add the following
subsection:
9. This Ordinance incorporates by reference the
Concomitant Agreement which is annexed hereto as Exhibit "B."
APPROVED by the City Council of the City of Bremerton,
860512007
2 P, [375fa1582
Washington, on the first reading this _ ~ day of ~~Q~
1985.
,
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested by the City Clerk in authentication of
such passage this ~ day of ~ , 1985.
LCSE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
860512 )072
3
CO~CO~Z~A~ ~O~Z~G AG~B~ KITSA~ COUI'~fY AUDIT
DEPUTY ,
NBBRBAS~ ~he C~ o[ B~eme~on~ ~ash~n9~on~
S~a~e o[ ~ashLng~on~ has au~ho~L~ ~o enac~ la~s an8 en~e~ Ln~o
ag:eemen~s ~o p~omo~e ~he heaZ~h, sa~e~
eL~L~ens, an~ ~he[eby con~oZ ~he use
within its jurisdiction; and
WHEREAS, the City, pursuant to the terms of Ordinance No.
3709, has reclassified as B-2 the property more particularly
described in Exhibit "B" attached hereto and incorporated herein
by this reference; and
WHEREAS, the above-described property is within the City's
jurisdiction; and
WHEREAS, the City, pursuant to RCW 4.3.21C, the State
Environmental Policy Act is required to mitigate any adverse
impacts which might result from development of this property; and
WHEREAS, the owners (hereinafter referred to as "~A") of
the property which is more particularly described in Exhibit "B"
have indicated a willingness to cooperate with the City of
Bremerton to ensure 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; and
WHEREAS, AAA has recently acquired title to the property
described in Exhibit "B" and wishes to modify the development
conditions imposed on the development nof this property under
Ordinance No. 3946;
NOW, THEREFORE, in the event that the City allows A~ to
modify the conditions imposed on the deevlopment of this property
as proposed in Resolution No. 764, in consideration of that
event, AAA agrees that:
1. This change in land use restrictions is subject to the
various requirements contained in the Bremerton Area Plan, the
86n 12007
Bremerton Zoning Ordinance, the Uniform Building Code and other
applicable laws and regulations. It is the responsibility of the
developer to assure compliance with the applicable provisions
contained herein.
2. The site shall be developed as specified in the site
plan labelled Exhibit "A" except as modified to meet conditions
of approval listed herein. Exhibit "A" is annexed to this
Ordinance.
3. Any changes, revisions or additions which constitute a
significant departure from the approved site plan shall require
approval of an application for Change In Land Use Restriction.
4. Use of the site .shall be limited to business and
professional offices, and residential use. Business uses which
include other than incidental retail or wholesale transactions,
whether accomplished on or off site, shall not be allowed.
5. Prior to the issuance of any grading permits, the
developer shall:
(a) Obtain City Engineering Department approval
for sanitary sewer connection;
(b) Obtain approval of the Fire Department
for removal of the existing building and fuel tanks.
(c) Obtain approval of the Engineering Department
for provisions for temporary soil stabilization
during construction.
6. Prior to the issuance of any building permits, the
developer shall submit and obtain approval of responsible City
departments for a site plan which includes:
(a) Location of a new fire hydrant on an
adequate sized water main subject to Fire Department
specifications.
(b) Landscaping as follows:
i. Along Kitsap Way: an area of no less
than fifteen feet (15') wide as follows:
ii. Evergreen and deciduous trees, with
no more than 50% being deciduous, a minimum
of ~_i.× feet (~') in height and planted at
intervals of no greater than thirty feet (30')
on center; and
iii. Earth mounding, an average of 3.5' in
height, planted with shrubs or living ground
cover so that the ground will be covered within
bhree (3) years.
iv. Within an area fifteen feet (15') from
intersections of each driveway and the edge
86O. 5120074
of the street pavement, landscaping and
screening described shall consist of plant
materials which will cover the ground within
three (3) years and which will not exceed three
feet (3') in height, to provide visual relief
where clear sight is necessary for safe
access. Trees are also permitted if the
trunks are free of branches below seven feet
(7') in height.
v. Where trees overhang a sidewalk there
shall be at least six vertical feet (6') of free
sight clearance.
vi. Within the Kitsap Way right-of-way in
the area between the roadway and sidewalk
pavement and any accessory parking located
within said right-of-way, landscaping, and
berming as directed by the Planning Director.
Said landscaping and berming shall be
developed and approved so that the parking
area shall be generally screened and the view
from off the pr~mises shall be softened by
the landscaping.
vii. Before commencing to use City right-of-way
along Kitsap Way for parking and landscaping
puproses, AAA must enter into a. revocable lease
agreement with the City.
(c) Signs limited as follows:
i. One freestanding sign limited to
an area of fifty square feet (50') and ten feet
(10') in height and placed so as not to
interfere with safe pedestrian or vehicular access.
ii. One wall-mounted sign limited to
one hundred forty square feet (140').
iii. Sign information shall pertain
only to uses on the site.
(d) Exterior lighting which does not
floodlight the building facade nor directly
illuminate adjacent uses.
(e) Parking according to the following
requirements:
i. Medical offices: five (5) spaces
per doctor.
ii. 'Other offices: one space per 350
square feet of gross floor area.
iii. Dwelling units: one designated
space per unit.
iv. Up to 50% of the required office
parking may be provided off-site consistent
with the Joint Use Sections of 712-713 of the
Drem~rtcn Zoning Ordinance.
(f) Bicycle parking spaces consistent
with the Bremerton Planning Commission's 1981
Adopted Bicycle Parking Standards.
kg) Provisions for erosion control and
storm water retention and controlled outflow
to Engineering Department specifications.
8605.120074 1 [[[375F !$87
3
(h) Energy conserving site and building
de s i gn.
(i) Placement of all utilities serving
the subject site underground where feasible.
7. Prior to the issuance of an occupancy permit to mitigate
impacts on public facilities directly resulting from this
development, the developer shall:
a. Construct a Portland concrete cement
sidewalk, curb and gutter along the entire Kitsap Way
frontage to Engineering Department specifications and
provide legal assurances, subject to approval of the
City Attorney, sufficient to guarantee construction of
said facilities if development and improvement plans
for this portion of Kitsap Way are not finalized by
the City. The location of said sidewalk shall be
determined by the City Engineer.
b. Construct a center turn lane on Kitsap Way
fronting the subject site to Engineering Department
specifications.
c. Provide a performance assurance device for
110% of the estimated cost of landscaping to be
performed, whereby the property owner will provide the
City with a non-revocable notarized agreement granting
the City and its agents the right to. enter the property
and perform any required work remaining undone at the
end of one year after issuance of a Certificate of
Occupancy.
d. Provide a maintenance assurance device for at
least Ten Percent (10%) of the replacement cost of
landscaping materials, whereby the property owner will
provide the City with a non-revocable notarized
agreement granting the City and its agents the right to
enter the property and replace any unhealthy or dead
plant materials for a period of one year from isuance of
a Certificate of Occupancy.
e. Remove and replace any exisitng power poles if
necesary to develop the site as required.
f. Comply with all requirements liste'd above.
8. AAA shall hook up to the City's sanitary sewer system
within thirty (30) days of any such request by the City and shall
pay all costs thereof.
9. This Agreement shall be recorded in the office of the
Kitsap County Auditor and the covenants shall be deemed to attach
and run with the property and shall be binding on the owners,
their heirs, successors and assigns, and shall apply to any after
acquired title of the owners of the property.
10. Any amendment or modifications of this Agreement shall
only be valid if mutually agreed upon by the City of Bremerton
and the owners, (including heirs, successors and assigns to the
owners) in .writing and recorded with the Kitsap County Auditor.
11. 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.
12. The City may, at its discretion, institute and prosecute
any proceeding at law or in equity to enforce this Agreement.
13. 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.
14. The owners agree to indemnify and hold 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 owner's negligent performance of or failure
to perform fully any term or condition of this Agreement. The
City shall not be liable to the owners, or any other party, for
any claim whatsoever arising in connection with this agreement
except for negligence solely and entirely the fault of the City.
15. This Agreement shall be binding on the heirs, assigns
and successors of the owners of the property.
16. 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, the terms of
this Agreement are declared to be severable.
DATED this 14th day of February , 1986.
The person(s) whose names are
subscribed herein do hereby
certify that they are tile sole
holders of fee simple interest
in the above described property:
OWNERS: ..... ~Q~ / /
President
Automobile Club of Washington
8605120074
s E.[ 375fB1589
Approved as to form:
City Attorney
SUBSCRIBED AND SWORN to before me this day of ,
1986.
NOTARY PUBLIC, in and for the
State of Washington, residing
at Bremerton.
S605120074
· ' F~[375FR1590
EXHIBIT B
PARCEL A:
That portion of Lot 20, Block 1, Brentwood Park, as per. plat recorded
in Volume 5 of Plats, page 6, records of Kitsap County, described as
follows:
Commencing at the Northwest corner of said Lot 20; thence South 88o45'32''
East along the North line of said Lot 20, a distance of 380.00 feet to the
true point of beginning;o
thence continue South 88 45'32" East, a distance of 315.00 feet;
thence South l°14'28'' West a distance of 233.39 feet;
thence West parallel to the South line of said Lot 20, to
the Northwesterly margin of State Highway No. 21;
thence Northwesterly along said margin 225 feet, more or
less, to a point which is South 26o28'56'' West from the true point
of beginning; o
thence North 26 28'56" East 96.84 feet to the true point of
beginning;
Situate in City of Bremerton, Kitsap County, Washington.
PARCEL B:
That portion of Lots 20 and 21, Block 1, Brentwood Park, as
per plat recorded in Volume 5 of Plats, page 6, records of
Kitsap County, described as follows:
Beginnin~ at the Northwest corner of said Lot 20; running thence
South 88-45'32" East along the Northerly line of said Lot 20, a distance
of 695 feet;
thence South l°14'28'' West 233.39 feet to the true point of
beginning of the tract herein described;
thence continuing South l°14'28'' West 125 feet;
thence West 100 feet, more or less, to the Easterly margin of
State Highway No. 21;
thence Northwesterly along the Easterly margin of said highway,
153 feet, more or less, to intersect a line drawn due West from
the true point of beginning:
thence due East to the true point of beginning;
Situate in City of Bremerton, Kitsap County, Washington.
PARCEL C:
That portion of Lot 20, Block 1, Brentwood Park, as per plat
recorded in Volume 5 of Plats, page 6, records of Kitsap County,
described as follows:
Beginning at the Northwest corner of said Lot 20;
thence South 88045'32'' East along the North line of said Lot 20, a
distance of 380.00 feet;
thence South 26o28'56'' West a distance of 96.84 feet, more or less,
to the North margin of Primary State Highway No. 21;
thence Northwesterly along the margin of Primary State Highway No. 21,
a distance of 354.50 feet, more or less, to the point of beginning;
Situate in City of Bremerton, Kitsap County, Washington.
86051 007a.
[375F 1592