Loading...
HomeMy WebLinkAbout4070 .o. AN ORDINANCE amending the use and area maps of Ordinance 1792 upon application of rezone from R-1 to B-2 and subject to various requirements and other applicable laws and regulations. Nelson Rezone - 3930 Burwell Street. WHEREAS, the City Council of the City of Bremerton has heard testimony on the rezone of the property at 3930 Burwell St., 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. 795; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: ~Q~ll 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.'__ P~RCEL l: That portion of the Southeast Quarter of the Southwest Cuarter o~ Section 15, Township 2~ North, Range 1 East, W.~. Described as follows: Be.gin, fng at a point 660 feet South of the Northwest corner of said Southeast Quarter of the Southwest Quarter; thence East 26n fe~t; thence North parallel to the West line of. said Southeast Quarter of the Southwest Quarter, 165 feet; thence Wemt 26a feet; thence South 165 feet to the point of beginning; EXCEPT the East aO feet; EXCEPT Burwell Street; AND EXCEPT that portion thereof, if any within National Avenue. FARCEL 2: The South 100 feet of the following described tract: That portion of the Southeast Quarter of the Southwest Quarter of Section 15, Township 2a North, Range 1 East, W.M. Described as follows: Beginning at the Northwest corner of said Southeast Quarter of the Southwest Quarter; running thence East 26d feet; thence South ~95 feet; thence West 26d feet to the West boundary line of said Southeast Quarter of the Southeast Quarter; thence North ~95 feet to the point of beginning; EXCEPT National Avenue. 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: ~9_~SD2A 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 Agreement, signed,,~z~ /~__, 1986, which is attached hereto as Exhibit "A". Approved by the City Council on the first reading this · ~__~' ~ d ay o f _ ~ __~-~_/l. _, 19 86. 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 _~___~L7~6~-' day of 1986. ATTEST: FIRED FOR R~~-~~-MayOr~ KATHLEEN L. McCLUSKEY, Cle~p 2:~ i986:~,~:0~ E[392[H01G 8609230091 DEPUTY ':~'~.. _ Elt.~ FOR RE~R~ 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 locatea at 3 93 0 Burwell Street, in Bremer ton, Washington, which property is hereinafter more particularly described, be rezonea from Residential One (R-l) to Business Two (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 indicate~ willingness to cooperate with the City of Bremerton to insure compliance with the Bremerton Zoning Zoning Ordinance, an~ all other local, State and ~eQeral laws relating to the use an~ ~evelopment of the property; an~ 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; 86 0 9 ;~ 3 0 0 9 2 ~D. 392fl~lO1,9 NOW THEREFORE, in the event the property located at 3930 Burwell Street in Bremerton, WA and more particularly described as: PARCEL l: That portion of the Southeasc Quarter of the Southwest Quarter of Section t5, Township 24 North, Range 1 East, W.M. Described as follows: Beginning at a point.~60 ~eet South of the Northwest corner of said Southeast Quarter of the Southwest Quarter; thence East 26a feet; thence North parallel to the West line of- said Southeast Quarter of the Southwes~ Quarter, 165 feet; thence West 26a fee~; thence South 165 feet to the point of beginning; EXCEPT the East ~0 feet; EXCEPT Burwell Street; AND EXCEPT that portion thereof, if any within National Avenue. PARCEL 2: The Sou~h 100 feet of the following described Zr~ct: That portion of the Southeast Quarter of the Southwesz Quarter of Seccion 15, Township 2a North, Range ! East, W.M. Described as follows: Be~innin~ a~ the Northwest corner of said Southeast Quarter of the Southwest Quarter; running thence East 26~ feet; thence South a95 feet; thence West 26~ feet to the West boundary line of said Southeast Quarter of the Southeast Quarzer; thence North ~95 feet to the point of beginning; EXCEPT National Avenue. is rezoneG by the City of Bremerton from Residential One (R-l) to Business Two (B-2) and in full consideration of the event should it occur, the owners do hereby covenant and agree: that this property will be used for business and professional offices or like uses, only. Also, that a buffer of natural vegetation along National Avenue and the North property line be maintained for the purpose of sound and sight protection. 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 the terms of this Agreement are declared to be severable. 2. This Agreement shall De recorded with the Kitsap County Auditor, and any amendment or modifications of this Agreement shall be valid only if mutually agreed upon by the City of Bremerton and 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. ' ..... 86 o O-. [['L'392FR 020 4. The City may, at its ~iscretion, bring a lawsuit to compel specific performance o~ the terms ana conditions of this Agreement. 5. Nothing in this Agreement shall De construed to restrict the authority of the City to exercise its power to rezone the property in future years. 6. The owners agree to inaemnify an~ save harmless the City of Bremerton from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out o~, or connected with the owners' negligent performance of or failure to perform ~ully any terms or conditions o~ this Agreement. 7. This Agreement shall be binding on the heirs, assigns and successors o~ the owner o~ the property. DATED t~is ____~2 day of ff"~~2~.~ ~/ ,1986. The person(s) whose names are subscribed herein ~o hereby certify that they are the sole holders o ~ fee simple interest, in the above describe~ property: OWNERS: 8609230092 L L392tr 102 i. SUBSCRIBED AND SWORN to before me this ~z-/L~ i'"~ ~" _ day of ~_r~) 1986. NOTARY PUBLIC;~ in an~ far~.'{h.e .: . State of Washington,,~ ,residing--~.." at Bremerton. ~/' :" ~ ,>~"' .,~, :- "3 ' "' '"';" ~''" 3 3 8609 30092 R£[[392trtt1022