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.
.............
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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-