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									                                   Minutes for
                      City of Bremerton Planning Commission
                                 Regular Meeting

                                       November 15,2005

                                     I.         Call to Order

The meeting was called to order by Commissioner Cockburn at 5:33 p.m.

                                           1      Roll Call

Those present were: Commissioner Cockbum, Commissioner Friedberg-Nerf, Commissioner
Hoell, and Commissioner Kennedy. Quornm certified.

Also present: Chris Hugo, Andrea Spencer, Geoff Wentlandt, Nicole Ward, and Pam Wilson
(City staff).

                                111.      Approval of Agenda

Commissioner Cockburn introduced the agenda. A motion was made by Commissioner
Kennedy and seconded by Commissioner Friedberg-Nerf to approve the agenda as
presented. It was agreed by general consensus to approve the agenda as presented; the motion

                               IV.        Approval of Minutes

The minutes of the Regular Meeting held on October 18, 2005 were presented for approval by
Commissioner Cockbum. A motion was made by Commissioner Friedberg-Nerf and
seconded by Commissioner Hoell to approve the Regular Meeting Minutes of October 18,
2005, as presented. Called for a vote: Commissioner Cockbum: Abstain; Commissioner
Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion

The minutes of the Special Meeting held on November 1, 2005 were presented for approval by
Commissioner Cockbum. A motion was made by Commissioner Kennedy and seconded by
Commissioner Hoell to approve the Special Meeting Minutes of November 1, 2005, as
presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Friedberg-Nerf
Abstain; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion carried.

                                  V.           Public Meeting

A.     Call To The Public (public comments on any item not on tonight's agenda).

Planning Commission Meeting                    November 15,2005                    Page 1 of 9
       Commissioner Cockburn asked if there were any comments from citizens.

       Rebecca Maguire, 2520 E. North Highland Drive, Shelton: "I own seven apartments
       in Bremerton. This is concerning an area between Warren and Chester, across from
       Kitsap Credit Union on Burwell, and then the next block behind it on 4thAvenue. They
       discussed this last meeting; they elected not to keep the zoning and to down-zone this to
       R-10 based on several points that were made. They said that this was predominantly
       single-family, which it's not. These brown here [indicated to the chart she brought with
       her] are all four or more units and several of them are six or more and even a 20-unit
       complex here. The red is parking, which has, in the past, been considered a commercial
       use. And the orange is actually parking for Kitsap Credit Union, so again, a commercial
       use. If you look at the existing uses, the yellow is single-family; there is very little
       yellow. The light green are duplexes; a few, again. What the report said is this was, you
       know, had duplexes and triplexes between single-family. Actually, it's not the case; it
       has a few single-family and duplexes between multi-family, commercial pay parking lots,
       and commercial parking for Kitsap Credit Union. Now, the next block on s ~ as you can
       see, actually meets the description of the Planning Commission. It's mostly yellow,
       which is single-family, with one triplex and a few duplexes. Again, if you go further out
       on 4th, you're seeing the same pattern: mostly single-family. But this area has been
       designated multi-family in the past, has been developed at multi-family; investors have
       counted on that when they made these investments, including me, and I have a few other
       investors, interested investors, here with me. So, we would like to see this at least to
       continue multi-family. Thank you." [Ms. Maguire gave a copy of her notes and area
       map to City staff.]

      Olivia Voigt, Clear Channel Outdoor, 3601 Sixth Avenue South, Seattle: I'm here               (
      tonight to talk about Chapter 20.52 proposed in your zoning code amendment. It came to
      my attention through this zoning code amendment that actually in 2003 billboard
      amortization was passed in the City which was never brought to our attention. That's an
      entirely different subject, but I just wanted to submit into public record this evening a
      letter that I've written to the Planning Commission and as well, just wanted to reiterate
      that Clear Channel holds all 24 billboards within the City. We have a vested interest in
      this community, obviously, and that all other jurisdictions, if research is done, all other
      jurisdictions within Washington have never successfully completed an amortization
      program. It's resulted in very lengthy, expensive legal bills for both parties. So, I just
      kind of wanted to extend the olive branch, give you my name, and let you know that I'd
      like to open up discussion. I'll be leaving a letter with the Secretary. [The Planning
      Commission had already received copies of the letter faxed to DCD earlier in the day.]
      Will it be submitted into public record? [Yes] Thank you very much."

       Chris explained that the letter would he forwarded to the City Council before they take
       action on the new zoning code and not the Planning Commission as they did not have this
       on their agenda.

       Cindy Crenshaw, 6400 SW Old Clifton Road, Port Orchard: "I would also like you
       to reconsider the zoning on 4thStreet. I know that there may be plans on putting a police
       station in on 4" Street and I think it would be very prudent to have supporting services
       surrounding that police station. You could have coffee shops, and you could also have,       (

Planning Commission Meeting               November 15,2005                          Page 2 of 9
       you know, lawyers, bail bondsmen, things that would support that public entity. I think
       that would be very important. If you go to other cities, around their police department
       you do not have single-family dwellings. You usually have some sort of supporting
       services for that public entity. Thank you."

       Dave Rubie, 3450 Circle Way, Bremerton: "I, too, have some issues with the proposed
       zoning changes brought before the City Council so I thought I'd enter some of those into
       record this evening. One was the lack of notification to the property owners. Property
       owners are pretty much completely unaware of a lot of these zoning changes. It seems to
       me it's a kind of a 'midnight change' on what's going on and I just happened to stumble
       across the proposed changes. When I did stumble across it, I found a major error in the
       zoning: zoning a commercial use property that I own in Bremerton to a single-family
       dwelling. Needless to say, this was quite shocking to me. If there's one error in this
       stuff, chances are there are many, many other errors in the zoning; we've heard some of
       those this evening. I talked with someone in the Planning Department; they indicated to
       me that there was a need for about 1,500 to 2,000 people to move into the Charleston area
       to help support that mixed-use area and help support the businesses and keep them very
       prosperous. They're taking multi-use, multi-family properties and rezoning them to
       single-family. This doesn't seem to make much sense to me, if you want more people to
       move to the area, to actually reduce the number of housing units in the area. I do have a
       problem with the amortization of the outdoor signs. I think you're taking away property
       and income from families in the area that, in good faith, they purchased the property.
       You're changing it and you're taking away their livelihoods. I don't think that's right. I
       think the Planning Department should have given written notification to all property
       owners that the zoning affects. They need to reassess the need for such restrictive
       changes. That way we can get more small businesses in the area. I'd be happy to submit
       this for public record. Thank you."

       David Butcher, 1749 Gregory Way: "I'm also part owner of part of the property on 4th
       Street. I also agree with the last gentleman who says that you don't provide notice. You
       need to tell-the people that their property is going to be rezoned instead of publishing it
       only in the newspaper. That's unacceptable to me, totally unacceptable, and it's already
       happened to that property before when the City zoned it from commercial to multiple-use
       residential. There was a store there that cannot now be used because of your zoning; that
       took away livelihood and several thousand dollars out of my pocket. I don't think that
       you can just come along and publish it in the newspaper and everybody gets it unless you
       make sure that every single person in that zoning change gets a copy of the Bremerton
       Sun with a note attached to the front that says 'This affects you; it's not normal Sun
       garbage'. That's totally 'catch me if you can' type thing and I don't think that a public
       entity should be able to do that. Come in and say, 'Eh, I'm sorry. You didn't catch it.
       Your fault.' Not the way business is - if I come down and I don't know the law and the
       City wants to deal with me, well then I'm guilty because I didn't know the law. That's
       the same kind of thing. Nobody knows all the laws. Nobody knows that you're rezoning
       this stuff unless you tell us, and you need to tell us, and you don't tell us. Until you put a
       posting - if we want to rezone the area, we got to post a notice; the City requires us to
       post it on the property for public comment and everything else. But the City don't have
       to do that. They just post it in the paper and say, 'That's good'. So I agree with the
       gentleman before that you guys do a poor job of notifying the people so that we can

Planning Commission Meeting                 November 15,2005                           Page 3 of 9
       comment and then let's dictate what we can do. That's not acceptable to me. Thank

       Chris responded to the last public comment, explaining that the public had been notified
       of the City's new planning direction over the last four years through legal advertisements
       and articles in the newspaper. According to State law, once planning is complete the City
       has to follow through with those plans adopted. Over 1,000 citizens participated in the
       planning process. Chris explained further that every parcel in the City was affected by
       this zoning change and no city that has had a citywide rezone has ever notified each
       individual property owner because the cost of that would he in the tens of thousands of
       dollars. The City not only provided notification through the local paper, but also hosted
       informational meetings to raise public awareness of the rezone and to encourage citizens
       to be involved in the planning of Bremerton's future.

      [There was some discussion between Chris and Dave Rubie regarding the rezone, the
      Growth Management Act, and the Comprehensive Plan. Mr. Rubie was at the back of the
      meeting room and his comments could not be heard on the recording. Chris invited Mr.
      Rubie to the come into the Community Development office to discuss further zoning
      information related to Mr. Rubie's property.]

      Seeing no further comments coming forward, Commissioner Cockburn closed this
      portion of the meeting.

B.    Public Hearing:
      1. Zoning Package #5 - Considering revision to the Master Development zoning
      district: Andrea Spencer, Planning Manager, began with the Staff Report on this item          (
      which had been distributed to the Commissioners prior to the meeting. She gave an
      overview of the Master Development (MD) zone and explained how it could be modified
      to facilitate the sub-area planning process. Staff believes the MD zone should be applied
      to the East Park and Westpark developments which are designated Public Sector
      Redevelopment Site in the Comprehensive Plan. Changes in the text would put in place
      the direction that, if a sub-area plan is not used, then the R-10 zoning designation would
      be applied.

       Commissioner Friedberg-Nerf asked to replace the word "may" with "shall" in
       $20.80.020. Andrea replied that it would be consistent with the Comprehensive Plan.
       There was no further discussion or deliberation from the Commissioners on this item.

       Commissioner Cockburn asked for public comment on this item. Seeing none, he
       closed this portion of the meeting.

      A motion was made by Commissioner Kennedy and seconded by Commissioner
      Hoe11 to recommend to the City Council 1) MD zoning for the sites designated
      "Public Sector Redevelopment Site" on the 2004 Comprehensive Plan Land Use
      Map as shown in the attachments I and I1 in the Staff Report and 2) the revised
      language for the BMC Chapter 20.80, Master Development as shown in Attachment
      I11 of the staff report, including replacing the word "may" with "shall" in
      tj20.80.020.                                                                                  (.

Planning Commission Meeting               November 15,2005                          Page 4 of 9
       Called for a vote: Cockbum: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes.
       The motion carried.

       Commissioner Cockburn then opened the public hearing on the Zoning and
       Comprehensive Plan amendment for the East Park sub-area plan. Nicole Ward, City
       Planner, reviewed the Staff Report on this item. After giving a brief history of the East
       Park area, Nicole gave an overview of the Staff recommended changes to the text of the
       East Park sub-area plan. She also brought a packet from the City of Bremerton's Fire
       Chief, A1 Duke, to the attention of the Commissioners. This packet explained the code
       requirements for street widths, per the International Fire Code.

       Mike Mecham, City Engineer, spoke to the Commissioners on modifications to the
       queuing lanes. The City engineers do not feel that a street width of 16 feet is not
       adequate for the traffic generated in the development by cars, garbage trucks, and
       emergency vehicles. The Engineering department recommends the street width be
       increased to a minimum of 18 feet. Mike also recommends having sidewalks on both
       sides of the country lanes.

       Commissioner Friedberg-Nerf asked Mike if his recommendation for another sidewalk
       would result in the removal of the bio-swale shown in the proposed plan. He said it did
       not; he was just making the recommendation of having another sidewalk.

       Commissioner Cockburn asked if there was adequate clearance for garbage trucks
       throughout the development. Mike said that Waste Management had been involved in
       discussions on East Park and they were comfortable with the widths.

       Commissioner Cockburn asked for public comment on this agenda item.

       Glen Godfrey, YMCA: "We just want to make sure we get on record that some
       provisions are made for our sign, which is right in the comer there. I don't know what
       the plan is for our sign but it's there and we just want to know what's going to happen to
       it - if it's going to get moved, if we're moving it, if somebody else is moving it, is there
       going to be a whole different sign, is it going to be part of something else, are we going
       to have the same square footage, are we going to have the reader-board capability - all
       those kinds of things. All those questions, I want those on the record. The other things
       that we're concerned about is what's going to happen to Homer Jones, which, if you
       don't know, is kind of off the map [referring to the architect's drawing of East Park].
       We're concerned that the access doesn't change; that it continue to be a one-way street.
       That it have parking on it. That we don't change the access of it. We're concerned that it
       be limited access to the facilities that are up that road and not a thoroughfare because
       there's kids playing, going back and forth across there; we have speed bumps there,
       signs, and that kind of thing. We don't want that to be a main thoroughfare. Other
       concerns we have is to be notified about utility interruptions and that kind of thing before
       they happen so we can plan ahead and not have them the same day. I know that same
       kind of thing is true for the pool, the skating rink, and Kitsap Community Resources.
       They all have the same kind of concerns. The other thing is we would like to see,
       because the traffic is going to get so much greater there irregardless if the access is

Planning Commission Meeting                November 15,2005                           Page 5 of 9
       limited through the 'recreation corridor', it would be nice to see Homer Jones paved; it's
       pretty well shot right now. So, that would be something we'd like to keep. Thank you."

       Lon Overson, 1035 Callahan: "I've attended the other [East Park] meetings; it's been
       encouraging to see the progress of this plan. This process is workmg. I applaud you
       people for putting the time and effort that you do to make this work. It is working and I
       appreciate it. Thank you. One concern of those of us living in this area is that it's going
       to affect, what we've had in the past is, some pretty stellar views, and I'm going to give
       you some pictures here to show you what we've been looking at. At previous meetings,
       had discussed encouragement whatever the developer can do to preserve some of this;
       recognize there's going to be an impact. That's where I comment that the plan, as it's
       changed, seems to have been either intentionally or without thought helping this and I
       appreciate that. I was hoping we could see something comparable to what was put in on
       the amendment for the animals. We did good for the animals; we gave them a good
       presentation. I was hoping that humans would get somewhat the same good presentation.
       But again, corridors, a view, would be a nice addition if you can. Also, they probably
       can't do too much relative to the animals and their movement up there, but as you can see
       in the pictures, they move along the northern border because there are hedges and fences
       that provide them some protection. We see deer and stuff moving around - I haven't
       gotten any pictures of them yet - we see evidence of them eating apples and roses which
       they appreciate. 1 don't know where they're going but they're up there somewhere. I
       suspect they will use the riparian open space that's been provided. Various people in the
       Callahan area are concerned about what this will do and I think your process is
       addressing it as best you can: thousands of people, thousands of cars - it's going to be
       quite an affect but we hope it's agreeable for everyone. Thank you."
       Ailene Mueller, 2215 Winfield Avenue: "I live directly across from the ice arena on the
       other side of the canyon. I really hope that you're all truly sincere about protecting the
       wildlife. I live probably 60 feet from the eagle nest and they're back. I wanted to say, on
       Sunday I saw four raccoon in our back field, four pheasants, two squirrels, two coyotes -
       that's a first I've seen them this year - and we have at least six deer. They were in our
       yard this afternoon. I don't know how, in your corridor that you're planning, you'll keep
       50,000 kids out of there. I mean, how do you think that they'll, you know. I love them.
       It's a joy of my life to look out there and see that and I would think it would enhance a
       community, too, but I don't know how you'd protect them, but I hope that you can. I
       brought some pictures to prove it. Thank you."

      Dick Bruskrud, 1102 Shore Drive: "I'm here representing Mithun [Architects] and the
      applicant, the East Park developers. We have a couple of things we would like to address
      here. To begin with, going through the Staff recommendations. I think I'll start at the
      very back of this list if I may. Starting off with the affordable housing element: this kind
      of took us a little bit of a surprise. We are attempting to provide housing in all price
      ranges, but affordable housing was never something that we were trying to do, as far as
      low-income type housing. Our research has shown that the median income in Bremerton-
      Silverdale area is about $56,000. That would allow that person to purchase a home of
      approximately between $260,000 and $300,000. We are attempting to sell homes as low
      as-$200,000-which would be approximately at 80% of thk median income of the
      residents. The list that we got from the Planning staff shows a considerably lower price       (

Planning Commission Meeting                November 15,2005                          Page 6 of 9
       range, in the $150,000 range, and we just cannot do that. [Chns suggested that the
       Commissioners return to that item during deliberations.] The eagle habitat, we are well
       aware of that and we have been attempting to contact the Department of Ecology. They
       have not returned our phone calls at this particular point in time, but we have procured a
       copy of the bald eagle report from the State of Washington and we are approximately 630
       from the eagle's nest which would put us into some measures of deforestation that should
       not occur within 800 feet. We have planned on no deforestation type techniques in that
       area at this particular point in time. As far as the YMCA's concerned, we are more than
       willing to work with them, in fact, it hasn't gotten back to them but informally I've talked
       to the Director of the Board of Directors, who's a relative of mine. And I've been a
       member of the YMCA since I've been a resident of Bremerton, 17 years ago. There are a
       couple of issues, another issue on the SEPA, determination about the turn lanes. We'd
       planned on turning on the tum lanes but I think that it should mention that the turn lanes
       on Schley should be to the sub-hrea standards and then the turn lanes obviously on
       Wheaton would be to the City of Bremerton standards since those are different. We are
       proposing different standards. The other issues concerning the roads and the fire
       sprinklers: this is a big issue for us. We have just gotten, this morning, bids back on
       similar buildings that we're planning on putting into this development. This is a $4,000
       ticket; significant prices, running about $2 a square foot to put this type of system in. I'm
       not sure that we can afford that so we would like to be able to work with the Fire
       Department staff to try and work out some type of arrangement that could be done at less
       cost to the homeowner. The final thing, I think, I would like to bring up right now was
       the sidewalk along the country lane. Our intention here on that particular street was to
       create kind of this pedestrian - it's kind of a cross between the woonerf and a real street.
       It's very similar to the street I live on, Shore Drive, where there are no sidewalks. People
       walk down the street. It's kind of a rural and urban setting, together. This is what we
       were intending on that particular street. We do have a sidewalk on one side of the street,
       on the urban side. The other side that borders the forest is broken up by driveways and
       such where we access these lots so it really isn't as good a spot to walk and then the
       parking for those units, we expect to be in their driveways. Thank you."

       Adam Brockus, 1146 Perry Avenue: "Just looking at the plan today, only one really
       thing caught my mind and that was on the page (I don't have it in front of me) on the
       mixed-use area. It had a zero-foot setback it was requesting. I think if you look right
       there, it's at the comer of Schley and Wheaton Way and I would have concerns about the
       visibility that turning traffic would have to see other cars in just that particular area. The
       zero-foot setback should be OK for the other three comers of that mixed-use area.
       Beyond that, I want to thank the staff of the Planning Commission; it looks like you've
       done a lot of good work in working on this and thank you very much."

       Commissioner Cockburn asked for any other public comment. Seeing none, he closed
       this portion of the Public Hearing.

       Chris recommended to the Commission to continue this item to the next regular meeting
       to give the Commissioners and the developer time to review the information and
       comments and come up with a plan that can be supported by both sides and to be able to
       make a recommendation that won't have a lot of qualifiers.

Planning Commission Meeting                 November 15,2005                            Page 7 of 9
       Commissioner Kennedy asked if the affordable housing development standards came
       from Staff. Chris replied that it derives from the basis for the publicly owned
       redevelopment site; developers choose how they want their development plan and set
       their standards, and in exchange, the Comprehensive Plan allows this when there is a
       public benefit such as the public housing need. Chris invited Dick Bruskrud to discuss
       this item. Dick explained three different housing types that could address this issue.
       These would be rental units, but would offer affordable housing for lower incomes in an
       owner-occupied neighborhood.

       Commissioner Friedberg-Nerf asked about the mixed-use area at Wheaton Way and
       Schley Boulevard. She wanted to know if both condominiums and apartments would be
       available there. Dick replied that there are only condominiums planned for that area with
       commercial on the comer.

       Dick talked about sprinkling the homes and the cost of that. He also explained that it was
       intended for the development to have narrower streets with parking on both sides to
       induce the residents to drive slower, reviewing the thought behind the narrow streets and
       their ability to accommodate emergency vehicles. Chris reminded Dick of the
       memorandum from the City Fire Chief outlining the responsibility of the City to follow
       the International Fire Code which requires 20-foot wide streets with no exceptions. He
       explained that the Commissioners have to take that into consideration, as well as the
       knowledge that sprinklers could help solve the problem but the applicant may not want to
       proceed with that solution because of the cost, when they are deliberating on what action
       to take.

      Refemng to an e-mail from Commissioner Streissguth, Commissioner Kennedy asked
      about the use of natural vegetation in the development. Dick said that a wildlife biologist
      had been consulted to ensure the correct vegetation will be used in the 60-foot greenway.
      He reminded the Commissioners that the riparian area was not included in the East Park
      development and may change in character because East Park does not control it.

      A motion was made by Commissioner Kennedy and seconded by Commissioner
      Friedberg-Nerf to continue deliberation and discussion on the amendment to the
      East Park sub-area plan to the next regular meeting on December 20,2005.

       Called for a vote: Cockbum: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes.
       The motion carried.

                                   VI.    Business Meeting

A.     Chairman's Reaort: None.

B.    Director's Report: Chris Hugo reported that some of the Planning staff attended the
      State Planning Conference in Bellevue earlier this month. A more complete report will
      be presented to the Commissioners at a later date.

Planning Commission Meeting               November 15,2005                          Page 8 of 9
       The Mayor's office is still working on finding a suitable replacement for the vacant
       Planning Commission seat. Currently, the only applicants are from the Manette area and
       a more diverse commission is desired.

C.     Old Business: None

D.     New Business: Pam Wilson, City Staff, reminded the Commissioners that the
       2006 elections would be taking place at the next regular meeting and to be
       thinking about nominations, etc.

                                   VII.    Adjournment

Meeting was adjourned at 6 5 0 p.m. The next Regular Meeting is scheduled for December 20,

Respectfully submitted by:

Approved by:          ,

Planning Commission Meeting               November 15,2005                      Page 9 of 9

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