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Home My WebLink About4067 AN ORDINANCE amending the use and area maps or Ordinance 1792 upon application of rezone from Residential One (R-l) to Business Two (B-2) and subject to various requirements and other applicable laws and regulations. (Gehring Rezone) WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property at 1106 Marine Drive, 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. 785; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: ~Q~ ~ 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: 1106 Marine Drive That portion of the Southeast I/4 of the Northwest !/4 ~of Section 15, Township 24 North, Range I East, W.M., Kitsap County, Washington, describedasfoIl s: . FILED FOR RECORD Beginning at a point 655.08 feet East of the'Southwest corner of TI~OR TITLE ~NSURA, NCE said subdivision; thence North 339.34 feet to the Southwesterly REQ, OF margin of Laterial Highway No. 5; thence along the Highway SoUth 42023, East 104.94 feet; thence N 47°37' East lO feet; thence AUG ~8 198GAM s 42023' East 88.46 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along said Southwesterly margin of said tlighway S42'23' East 61.54 feet; thence North 47037, East SH~iRi.LL ~UFF 25 feet to the beginning of an ]8~ curve to the right, thence along KITSAP OOUNF~'AUDITOR the arc of said curve 194 feet to the South line of said Southeast I/4 of the Northwest I/4 thence West along said South line 109.09 feet; thence North 6°07'17'' West 205.59 feet to the TRUE POINT OF BEGINNING' EXCEPT South 15 feet for public use AND EXCEPT roads; Situate in Kjtsap County, Washington. Auditor's File No. 007456 BE AND THE SAME HEREBY is reclassified from Residential One (R-l) to Business Two (B-2) subject to the following conditions as set forth in Section 2: SECTION 2: That the following requirements and other applicaple 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 the Bremerton Zoning Ordinance, and all other local, state and federal laws. 2. This ordinance incorporates by reference the Concomitant Agreement which is annexed here to use Exhibit A. APPROVED by ~. 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 __~_.~fb.~ day of ~~-, 1986. /~ 8608280077 Gene Lobe, Mayor ATTEST: A HLEE - Applicant: Dean and Punki Gehring Location: 1106 Marine Drive Exhibit A 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 1106 Marine Drive, in Bremerton, Washington, 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 0 8 2 8 0 0 ? ? £ L388F 2355 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 1106 Marine Drive, in Bremerton, WA and more particularly described as: That portion of the Southeast I/4 of the Northwest I/4 of Section 15, Township 24 North, Range I East, W.M., Kitsap County, Washington, described as follows: Beginning at a point 655.08 feet East of the'southwest corner of said subdivision; thence North 339.34 feet to the Southwesterly margin of LateriaI Mighway No. 5; thence along the Highway South a2°23' East 104.ga feet; thence N 47037' East [0 feet; thence S 42°23' East 88.46 feet to the TRUE POINT OF BEGINNING of this description; thence continuing along said Southwesterly margin of said Highway S 42°23' East 61.5a feet; thence North 47°37' East 25 feet to the beginning of an 18° curve to the right, thence along the arc of said curve 194 feet to the South line of said Southeast 1/4 of the Northwest I/4 thence West along said South line I09.09 feet~ thence North 6°07'[7'' West 205.59 feet to the TRUE POINT OF BEGINNING: EXCEPT South [5 feet for public use AND EXCEPT roads; Situate in Kitsap County, Washington. Auditor's File No. 007456 is rezoned by the City of Bremerton from R-1 to B-2 and in full consideration of the event should it occur, the owners do hereby covenant and agree: That no building permits be issued for a commercial structure on the subject property until Marine Drive (adjacent to this site) and the Karine Drive/Kitsap Way intersection are realized and improved. 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. [ft388F 235G 860828O077 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. 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. this_/~J~ day of~_ .... , 1986. DATED 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: ~UBSCRIBED AND SWORN to before me this _ d~y?of',i ~' ~' 6. NOT~-~Y PUBLIC, inland~ fo~ ' the State of ~ash~ngton' residing at ~~[-~ Approved as to form: Assistant City Attorney 8608:8800 77 REEL388FR2..358