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HomeMy WebLinkAbout4855 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to Land Use and Zoning, specifically the rezoning o£ approximately 1.6 acres of property located at 3915 Wheaton Way from Single Family 3 (SF-3) to General Business (OB). (PL03-0001). WHEREAS, an application to rezone approximately 1.6 acres from the current zoning of Single Family 3 (SF-3) to General Business (GB) was filed on January 21, 2003 SWC Partnership; and WHEREAS, the City's SEPA responsible official issued a Determination of Nonsignificance (DNS) for the proposed rezone on March 3, 2003; and WHEREAS, a public hearing on the SWC Partnership Rezone was held before the Administrative Hearing Examiner on March 18, 2003; and WHEREAS, on March 28, 2003, the Administrative Heating Examiner issued findings that the SWC Partnership Rezone is consistent with the City Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not impact the level of service designation for the transportation system in the vicinity of the property, that the rezone will not result in a decrease of current service levels for other established uses in the area or the City, that the proposed rezone differs from the year 2000 application in that it involves the first 200 feet of depth from Wheaton Way and not the rear of the property, and that the proposed rezone is in the public interest; and WHEREAS, the findings are consistent with the standards for rezone set forth in Section 21.02.920 of the Bremerton City Code; and WHEREAS, the Bremerton Hearing Examiner recommended approval of the SWC Partnership Rezone on March 28, 2003, as submitted by the applicant; and WHEREAS, on May 14, 2003, the City Council moved to accept the findings of the Heating Examiner and the Hearing Examiner's recommendation for approval of the SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I Rezone - S WC Partnership SECTION L The property located at 3915 Wheaton Way, Bremerton, Washington consisting of approximately i .6 acres depicted in Exhibit "A" and legally described as set forth in Exhibit "B", both attached hereto and incorporated herein by this reference, is rezoned from Single Family 3 (SF-3) to General Business (GB) and the City of Bremerton zoning map is hereby amended to reflect the same. SECTION2. Pursuant to the Administrative Hearing Examiner's recommendation, any future development proposed for the site shall be reviewed under the following conditions: (a) If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22); (b) If any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Olympia must be notified; (c) Any new development must have a traffic analysis indicating that the Level of Service shall be at or better than a service standard of LOS F (v/c = 1.08); (d) In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single~occupant vehicle; and (e) Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. SECTIONS. Severability. lfany one or more sections, sub-sections, or sentences of this ord~mance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTIONS. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the_~g~l~~ day of ~ZO~ ~ ,2003 ~ ,2003 PASSED by the City Council the ~r,~ day of ~ CAROL ARENDS, Council President this ~ day of (~j.~, ,2003 Approved 2 Rezone - SWC Partnership PUBLISHED the~:~ day of ~7'12.,~_ ,2003 EFFECTiVE the ~ day of 5#lk~o.~t ~ ,2003 ORDINANCE NO. R:\LEOAL\Ordinances\Community Development\Rezone-SWC Partnership.doc 3 Rezone - SWC Partnership LEGAL DESCRIPTION Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5 of Plats, Page 18, Records of Kitsap County, and the West 200 feet of the East 230 feet of the North ltalfofthe South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; e×cept that portion lying north of a fence line per Superior Court Cause No. 31479 Exhibit B Rezone - SFKC Partnership AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100058340 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May30, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $32.51 amount has not been paid in full. ............. g D ..." '-..."¢ % z 7-- Subsff0,b~Jt ,l~..d_ sworr~.t'a0oe~re me this day of June 6, 2003 ~, ~'~' .......... ,~x~ ,,? Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4855' AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 1.6 acres of property located at 3915 Wheaton Way from Single Family 3 (SF-3) to General Business (GB). (PL03-0001).- APPROVED by the City Council the 21st day of May, 2003- PASSED by the City Council the 28th day of May, 2003- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- May 30, 2003. · #100058340-