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Home My WebLink About2627 .,. ORDINANCE NO. &a7 CS ~N oRdINANCE amending the Use and Area Maps of Ordinance No. 1792. '~HE CITY OF BREMERTON DOES ORDAIN: Section 1. pursuant to Resolution Number 11~ of the Fianning Commission of the City of Bremerton~ the Use and Area '~ Maps of Ordinance No. 1792 be, and they hereby are amended in ~ conformity with Chapter 1~ Title 4~ thereof, as follows: That the following described real property; Beginning at a point on the South line of Tract 9 of Sylvan Park according to Plats recorded in Volume 6 of Plats, Page 45, Records of Kitsap County, which point is a distance of 3~'9.72 feet East of the South- west corner of said Tract 9~ thence North 1~48'33'' East, 1~7.19 feet, thence East.parallel to the South line of said Tract 9, 5'0 feet, more or less to the West line of Spruce Avsnue, thence southerly along the westerly line of Spruce Avenue to the South line of said tract 9, thence West 50 feet more or less to the true point of beginning, situate in Kitsap County~ Washington, be and the same hereby is reclassified from Residential-Two to Business Two, (R-2 to B-2). Approved by the City.....O~uncil o'n' f~st reading this M~ ~ day of February, 1965. PASSED by the City Council of the City of Bremerton~ signed by the Mayor and attes~by the C~ty Clerk in authentication of such passage gh~s da7 of ~eB~uapT, 1965. PLANNING C0~,tlsSION RESOLUTION NUMBER ;ffiEREAS proceedings for the'reclassification of the herein- after described property have been duly and regularly initiated on the petition of Northwest Apartments Inc., of Bremerton, Washington, and, ~¥HEREAS hearing has been duly and regularly held thereon and I~IEAS the relassification of said property is deemed by the planning commission to be in the best interest of the City of Bremerton, Now, Therefore, BE IT RESOLVED that the City Council of the City of Bremerton be and the said council is hereby respectfully requested to pass an ordinance ammending the Use and Area Maps of Ordinance No. 1792 in conformity with Chapter 1, Title 4 thereof, in the following manner; Beginning at a point on the S. line of tract 9 of Sylvan Park according to plats recorded in volume 6 of plats, page 45, records of Kitsap County, which point a distance of $49.72 feet east of the S.W. corner, of said tract 9, thence N. 1° and 48' 33" E., 147,19 feet, thence E. parallel to the S. line of said tract 9, 50 ft~ more or less to the W. line of Spruce Ave., thence southerly along the westerly line of Spruce Ave. to the s. line of said tract 9, thence W. 50 ft. more or less to the true point of beginning, situate in Kitsap County, Washington, from Residential-Two to Business Two, (R-2 to B-2). PASSED by the Planning Commission of the City of Bremerton on the 20~ day of January,. 1965. Commission. A'TTEST: planning Commission° CITY OF BREMERTON ~ASHINGTON LEGAL DEPARTMENT De~em~el' ~, R.e: Plann~ ~e~olu~on ~o. 116 ~n~ ~classl~eatl~ of ne ~s o~er of ~i~lo~pr~erty ~lthin ~he 200 ~,i,na, ion of Seot,on~~ll~ T~,of O~i~oe N2 :a~wer to 't~t ls~~$ la ~ fo~ ~v~&l "Any ow~ of~p~op~ty or ~ulldi~ ~ p~oaen~ ~oc~b~~~~ert~ for ~ p~oae of reelWss~ioatto~ ~ a~ll be referre~ ~o t~ oo~.lon, fo~a¢ h.a,l~ Also ~,tio~O1 p~idea &s ~ollow,. ~A p~tlo~r c~nfe of zone ~lassir~oation a~ al.le~u ex~!uded, of ~he p~opo~d A~ p~p~C~ lylng wtt~n a dlst~XeC of eq~l or s:~all ~t be inelud~ In ealeuht~ng a~us on petitio~. SiXties so obtained do ~t ~e lng of a petiClon m~a~o~y. ~ CITY OF BREMERTON WASHINGTON C it y C o un c i! L~GAL DBPARTMENT Pa ge .~Two.- Also significant is Section 1105 of that Ordinance which provides in part as follows: "The right to initiate proceedings for the reclassification of property or the amendmmnt, ~pplem~ntin~, or changing of re~ulations~ or any amendment or amen~ents to any map or which are a part of this Ordinance, are hereby reserved to the City Council and the Co~ission. The hsarings upon ar~ such proceedings sh~ll be held upon and after public notice as out in this Ordinance and such othe~ or add- itional notice to She pPoperty~owner~in__ the area involved or concerned1, by ~,uch a~n~ent or change as to City Council o~ the C~ission may deem properS, Such reclas~ficat~on~ or amendmen~ or amen~ent~ of such~maps may be made upon th~ recommendation ~ither the City ComnCil or the C~ion if c~urre~ in by th~ other.,~ ~ ) Our Charter provinces for a~ianning~o~i~-'~sion to be ap~,ointed Dy the Mayor. RCW 35.63.12~pro~es that an ordina~ce or ~y be amended~ sup~men~or~o~ified by subsequ~n$ .ordin~c® or resolution. Tn~ se~ion ~rt~er orovides that orooosed endme~t~up~leme~ta~ons, or~odifi~ations ~hall ~ir~t be heard by'-~he Commls~o~. the~decision snail b~ m~d~ and ported bI~ ~he~Is~ withi~ 90 dayz of the time ~t proDo~ed~ am~~ ~p~em.~tations, or m~difications were B~ard, pur~a~ t0_P~_~.c bearin~ called by them uoon application / It may be ~.d~~er t~;.s.t the ~:etition method is merely one of several method~ for Oringing a petition to amend., supplement, ~-~,'~ that ~ to sar., a petition to reclassify propert~~, Defore the PianninE C~mmission~. ~,, I~n..~ the ,~nzy method. The Ordinance do~ ..... ~ not recu!re that the consent of o~ners of all property wltnin a ~istance of 200 feet ~hou!d b'e ownor~ af ~?operty exclu~fve of the owner who petitions for reclassification, t~i~ woulG be an and ~osslbly unlawful di~tl, action to mak~. ~!avlng in mind t~t the petitlon method is merely a procedure by which reclaBsifi¢~tion is brought to the attention of tl-~e Plannine Commission and through them to the Counckl, such a restriction Nouid serve no CITY OF BREMERTON WASHINGTON Page -Thre e- City Council LEGAL DEPARTMENT genmine purpose when you consider zoning in its lar~er aspects. Whether or mot property should be ~eclasaifimed or remoned does not depend upon the wishes of the ~r~ieular owner who seeks reclassification nor upon the wishes or objections of the property o~ners i~ediately adJacen~ or in ~he vicinity. Zoning ha~ to do with t~e public at large. The fact that petitioner uses his ownership of adjacent property within the 200 f~e~ req~mlremen$ is a circ~stanoe the Planning Co~issien and Ci~y Council ~Y certainly consider as to the feelings of the neighborhood, inaofar as those feelings amc important. It shomid not ~e the reason for either approving or disapproving ~he petition. ~ ~ A more Bme~io~s question is a~matter of notice. It i~ my opinion ~hat the Attorney General ooinion in AGO 6~-6~ ~o. B~7, intel- preying RCw 35,6~.120 as to'~vequire~~~ near,nE ~n n~i'ee. before the City Council even though a p~ nearznE nas m~em had before the Plam~ng Co,isaaCs pr~pe~eerree.$ a~ mua~ be ad~ed ~o. Therefore, m ~eo~~hat al~ f~tu~e p.repomed amendments be pu'Uliahed n~t~eS~s t~ one week. ~efore ~ing t~reo~. X / cc: Mayor ~arstad ~ Co~iss~ner of P~ance Co~issio~blic Works and Utilities AMENDLO ZONING MAP N~d04 CITY OF BREMERTON, WASHINGTON ACCOMPANYING ORDINANCE N--° 2627 ADOPTED BY THE COUNCIL OF THE CITY OF BREMERTON, FEBRUARY 25, 1965 ~ BUSINESS TWO (B-2)THIS MAP /_.~"('-~"~"~'/f" ~AYOR ~,.EVlOU~_~ ~ COMMERCIAL EXISTING /~/t;~,,~" ~..~'-~-~,',¢-,,.,~' CITY CLERK ..... 1 R-I EXISTING ~ R-2 EXISTING I::: ~1/ ~:i:!:i:!::::::~: >- :i:i ...... ..~::: , :::::::::::t~,~?~ '"'::I:ZB~. 0 CiTy · · I~o