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HomeMy WebLinkAbout09/16/2003 MINUTESMinutes for Planning Commission Meeting September 16, 2003 I. Call to Order The meeting was called to order by Commissioner Kennedy at 5:33 p.m. Commissioner Kennedy asked staff to introduce the new commissioner. Mr. Chris Hugo introduced Linda Streissguth, the new Commissioner. He welcomed her and explained that Linda is no stranger because of her involvement with the Coordinating Council and Shaping Bremerton. He then asked her to talk about what she does and where she lives, etc. Commissioner Streissguth stated that she is employed by Puget Sound Energy as a Municipal Liaison Manager — working with local jurisdictions on operational issues that overlap with Puget Sound Energy. She said that she is happy to be here, about Shaping Bremerton and the momentum the City is experiencing in terms of the new Comprehensive Plan and re- development in certain parts of the city. She stated that she lives in East Bremerton. Chris asked her to explain the initials behind her name [AICP]. Linda explained that it stands for a designation from the American Institute of Certified Planners. Commissioner Kennedy welcomed her to the commission and said that it is good to be adding someone who has been involved in the process and understands what is going on and can pick right up where Commissioner Dingfield left off. II. Roll Call Those present were: Commissioner Buckingham, Commissioner Cockburn, Commissioner Kosusko, Commissioner Nelson, Commissioner Streissguth and Commissioner Kennedy. Quorum certified. III. Approval of Agenda Commissioner Kennedy introduced the agenda. She noted that on the agenda Item 2.a. under Workshops [The introduction of Commissioner Stressiguth] was moved. A motion was made by Commissioner Kosusko and seconded by Commissioner Buckingham to approve the agenda as amended. Called for a vote: Buckingham: yes; Cockburn: yes; Kosusko: yes; Nelson: yes; Streissguth: yes; and Kennedy: yes. Agenda approved as amended. Planning Commission Special Meeting September 16, 2003 Page 1 of 9 IV. Approval of Minutes The minutes of the Special Meeting held on July 29, 2003, were presented for approval by Commissioner Kennedy. A motion was made by Commissioner Nelson and seconded by Commissioner Kosusko to approve the minutes as written. Called for a vote: Buckingham: yes; Cockburn: abstained; Kosusko: yes; Nelson: yes; Streissguth: yes and Kennedy; yes. Minutes approved as written. V. Public Meeting Commissioner Kennedy moved directly to the call to the public portion. A. Call to the Public (public comments on any item not on tonight's agenda). She addressed the group and asked if there was anyone with comments. Seeing none, she closed this portion of the meeting. B. Public Meeting Public Hearing: [Commentary notes are enclosed in brackets.] a. HEARING CONTINUED: Comprehensive Plan. Commissioner Kennedy introduced this item and turned the floor over to Mr. Chris Hugo, Director of DCD. Chris asked Mr. Paul Rogerson if he wanted to make the proposal about where we are in the process and explain his recommendation. Paul identified himself and stated that the only reason this item is on the agenda because at the end of the last meeting it was continued. He then recommended that the Commission formally close the hearing. Chris explained what the procedure will be once we have a new schedule for hearings. We will re- advertise and re- notice the hearings after the new year. That will start a new hearing process on the same subject matter. Commissioner Kosusko asked for clarification — until that point, we will continue to have public workshops. Chris agreed. Commissioner Kennedy stated that she believed the plan was to have workshops open to the public, advertised, etc. so that we could do study sessions on each element. Paul stated that further down in the agenda there is an item in which staff will ask the Commission to review a schedule for workshops this fall. This will begin a new workshop process leading to the formal hearing process after the first of the year. Planning Commission Special Meeting September 16, 2003 Page 2 of 9 A motion was made by Commissioner Nelson and seconded by Commissioner Kosusko to formally close the public hearings for the Comprehensive Plan. Called for a vote: Buckingham: yes; Cockburn: yes; Kosusko: yes; Nelson: yes; Streissguth: yes and Kennedy; yes. Motion carries — the public hearing on the Comprehensive Plan is closed. Commissioner Kennedy moved directly to the workshops. 2. Workshops: Chris noted that the agenda for the workshops had been revised. However, the presenter for the first item, Kamuron Gurol, the new DCD Director from Kitsap County, is not here yet. He recommended that the next item be moved up. a. Westpark Development — Chris gave a brief background and introduced the item to the Commission. The presentation was given by both Merrill Wallace II, PHM, Executive Director of Housing Authorities of The City of Bremerton and Mason County AND Roger Waid, Deputy Executive Director of the Kitsap County Consolidated Housing Authority. Chris informed the Planning Commission that this presentation is informational only. The subject of the presentation is the opportunity to apply for special funding to a U.S. Treasurer program. If this window of opportunity is missed it will be another two years before they can re- apply. The group was informed that the Kitsap County Housing Authority has been designated as the `Community Renewal Agency' for the City of Bremerton. The City Council has requested that Anderson Cove be added to this process. If approved, the funds would be available in approximately mid -2004. Planning Commissioners received copies of the Comprehensive Zoning Plan & Westpark Strategic Master Plan. Commissioner Kennedy asked if there were any questions from the Commission. Commissioner Kosusko asked about the Hope VI Program. He received confirmation that as long as they apply before the end of the year (2003), there is one more year of funding available. Commissioner Buckingham asked how far into the planning process for this development did they need to be in order to qualify for funding. Mr. Waid reviewed the qualification criteria and said that they just have to have entitlement. Commissioner Kosusko asked staff to explain what action is required of the Commissioner regarding this project. He said that his understanding is that the project is asking to be excluded from the Comprehensive Plan process and he believes this to be a function of the City Council instead of the Commission. Planning Commission Special Meeting September 16, 2003 Page 3 of 9 Chris stated that the request is for the Commission to review the proposal (re- development strategy for the site) and support it. They will be asking the City Council to adopt this proposal as the policy and development direction for the site. Today the whole site is planned and zoned medium residential. As Mr. Wallace said, they cannot get all the elements presented in this proposal with that designation. However, during our Shaping Bremerton process, this has been advertised and is consistent with the growth strategy. We now have it in draft form (preliminary draft) designated as one of the two special redevelopment opportunity sites. So, Westpark and Eastpark are both shown as redevelopment opportunity sites in the plan. At the end, instead of having a train wreck when the Comprehensive Plan is adopted, we should have a re- coupling of the train just as it is planned right now. He said that he doesn't see any down sides to this proposal. Chris further explained that we have used very careful language in the ordinance that is going to the City Council regarding using the Cooperation Act to exempt the project from the Comprehensive Plan. However, this Master Plan can be used as policy and development parameters. It doesn't actually say zoning because we haven't revised our zoning code to incorporate all the features that we would need to have, like control on maximum building size for example. These things need to be operative when this is adopted — we want to have those controls in place. He explained that this is an interim zoning approach that will take care of the entitlement and safeguard the public process that is in progress. Responding to a question from the floor, Chris confirmed that we would have to update our zoning code before permits could be taken in. Commissioner Kosusko asked if the City Council adopts this Master Plan, would the Comprehensive Plan designations that are on this exhibit be set, or locked in. Chris said yes. He said that our Comprehensive Plan designation would be the special redevelopment opportunity site referenced in the Master Plan document. Commissioner Cockburn asked if this project is separate from the downtown development [condominiums on Washington] which the County expended. Chris said no, just that it gives them the authority to act in a broader geographic capacity than they can act on the City's behalf today. The Housing Authority operating as our redevelopment agency. It just allows them to move beyond the waterfront into Westpark and enter into Anderson Cove and the rest of downtown. There was a short discussion among the commissioners about the scope of redevelopment. Commissioner Kennedy asked if the document [Master Plan] is available on- line for the public. Mr. Wallace confirmed that it is available on -line (http: / /www.bremertonhousing.org) and gave the Commission a brief update regarding the public hearing process relating to the Master Plan. Chris asked if there were any further questions from the Commission regarding the direction of this project. Planning Commission Special Meeting September 16, 2003 Page 4 of 9 Commission Streissguth asked about the criteria of the exemption from the Comprehensive Plan and whether there might be a broader application that we may expect to apply to other redevelopment projects. Chris responded by saying that this project was initiated by the two housing authorities. He said that he couldn't answer the question because he doesn't know if there was any one else that would conceive of using this or anyone who that is even eligible. Commissioner Streissguth explained further that she wonders if the act itself is limiting enough, in terms of relating directly to a housing authority — so a housing authority would need to apply for the exemption, or if there is a broader application that we should be aware of. Chris said that it is not a matter of who applies but the parameters under which the City Council can make the exception. It is the City Council's authority that is being exercised here. He explained further by saying it was like asking "What would it take for the City Council to consider the use of this kind of authority without violating the public trust in other areas they are concerned in — like the integrity of a comprehensive planning process ?" He said that it would have to be presented as consistent with the work that is already being done in the community but has to be considered for something like becoming eligible for money that otherwise would be lost. Commissioner Kennedy explained the process that the housing authorities went through to be designated as the redevelopment agency for the City and how that is consistent with the comprehensive planning process. b. Interim Rural Forest Comp Plan Designation - Commissioner Kennedy introduced the next agenda item and turned the floor over to Chris Hugo. Chris said that it has come to his attention that Kitsap County is considering new regulations for our interim rural forest lands. He then introduced Kamuron Gurol, the new Director of Community Development at the county. Chris said that when Bruce Freeland retired he didn't think that Kitsap County could find someone that he could work with as comfortably or as positively as he had worked with Bruce. He said that miraculously, they did find someone. Kamuron presented on the subject of proposed hybrid language regarding the new Kitsap County Comprehensive Plan Designation for the rural forest land. He started by returning Chris's compliment and giving a brief summary of his background. He then gave the commissioners copies of his 4 -page handout. He gave detailed background and current status of this project. He also referred to a map during his presentation. Commissioner Kennedy asked staff to put Mr. Gurol's information in context for the group. Paul responded by stating that Chris asked if Kamuron could explain the 2.5 unit density — whether that is net or gross. Paul explained that this was Chris' main concern is and how that might play Planning Commission Special Meeting September 16, 2003 Page 5 of 9 against the City's goals and whether it is GMA compliant mandates regarding rural densities. Kamuron referred to two specific cases from his experience working with hearings boards cases, the Sky Valley versus Snohomish County and the Penesko versus Lewis County. In both of these cases the focus was on allowing development in the rural areas that in the board's view had some danger of being urban. This is not allowed under Growth Management. He then gave several examples of urban growth and urban services — sewer /water, for example. He said that in this case they are not talking about sewer development — it is septic development. He talked about other urban services (fire, water, and sewer). Then he discussed urban patterns (size and layout of the lots). He said that not everything will be spelled out in a policy document. The Comprehensive Plan is ideally at a policy level and is followed up with development regulations to define the details. Kamuron said that if this language is adopted and subsequently appealed we could have an X versus Kitsap County case, which will help us understand even more if we created the right balance. He said that there is not a lot of guidance in the GMA — as a result we end up having case law that helps form the guidance for us. He explained that there is an interesting distinction between urban and rural areas — Kitsap County has a requirement in unincorporated urban areas of 5 units per net acre (minimum density). Someone who wanted to have the lowest density as possible would argue for gross density. The policies does not specify one way or the other. One of the issues that the environmental community and tribes have brought up is how much more development would these proposed policies result in. Kamuron went through a worst case scenario to demonstrate the potential affect. Kamuron closed by saying that the County has duties and goals that would be in sync with the City's and also have to manage these rural areas and go through a policy, environmental review and political process. He said that the Kitsap County commissioners would welcome the input from the Planning Commissions and /or city planners. Commissioner Kennedy then asked if any of these properties are in the City limits or our urban growth area. Paul confirmed that none were. Commissioner Kosusko asked about the 20 acre lot designation put into place. Kamuron said that it was put in place with the Comprehensive Plan. Commissioner Kosusko then asked if it was denser than before. Apparently it was denser before GMA — it was freeform. There was a short discussion about the pre -GMA designations and the evolution to current designations and the Phase II process. [Chris had left the room to brief the City Council. At this point in the meeting, he returned.] Planning Commission Special Meeting September 16, 2003 Page 6 of 9 Commissioner Kennedy asked if there were any further questions from the commission. Chris asked Kamuron for clarification on RL1 lb "... the base residential density is one dwelling unit per 20 acres. Then a bonus density of one dwelling per five acres is allowed. " He said that this infers to him that there is actually going to be one unit plus another four or five units on 20 acres — that would take it down to four. Kamuron said that this issue has been a question all along — it is intended just to go from 1/20, 115. You don't get to retain the one you got at 20 and count that in addition. There was a short discussion between Chris and Kamuron to clarify this issue. Chris stated that it would be a clear statement by simply taking out the word `bonus.' Chris explained that he put this item on the agenda because he was contacted by one of the tribes and later another tribe. He said that the implications were disturbing enough to him that he drafted a letter to the Kitsap County Planning Commission. In the letter he explains that he hadn't had time to bring it before the Bremerton Planning Commission or City Council, but that it appears to have great ramifications to the City and Kitsap County. He further asked for a deferral of one month to allow time to respond. The letter was drafted on a Friday morning and taken to the County's Planning Commission hearing on the following Monday after the holiday. That meeting was announced to be on -going until about noon. However, when Chris arrived with the letter, the meeting had been adjourned. Chris said that even though the topic wasn't announced, it was included on the County Commissioner's agenda the following night. No action was take action. Chris informed the Commission that this would be the last chance they would be together — so if the commission has any feelings they want communicated about this to the City Council or the County — there is still enough time to get it to the City Council and committees next week. Commissioner Kosusko stated that he is genuinely concerned about the densities. He said that is what he was getting at when he asked about the past history. Bremerton has long suffered because of the development outside of our boundaries. Andy said that he wants to talk to Kamuron about what the growth pattern before 1998 and if the rural development has slowed down since 1998. There was a short discussion among the group about the rural development rate and density. He asked staff what action was being requested of the commission. Chris said that it would be helpful to site specific provisions. He suggested they speak to the wooded shoreline preserve — 2.5 lots along the shorelines which are some our most fragile environments. There was a lively discussion about specific examples and the trends. Chris ended by saying that the small - scale maps that he has seen shows that two- thirds of Kitsap County is already non - rural. He said that if we do the same thing in the next 50 years that we've done in the last 100 years (or even 20 -30 years), that other third will be gone Planning Commission Special Meeting September 16, 2003 Page 7 of 9 and we will have a fully non -rural county. Chris said that he fears this project is a step in that direction. Commissioner Cockburn said that especially if you look at the Hood Canal and how fragile it is, this is a dangerous trend. There was discussion of how the letter to the City Council/Kitsap County Commissioners should be drafted and what it should include. Commission Stressiguth said that she felt that the letter should address the worst case scenarios of population projections /densities and draw the parallel to what that means for our calculated densities under the new Comprehensive Plan. There was more discussion on the topic. The commission, as a group, directed staff to draft a letter voicing these concerns to the City Council and ask them to ratify and join their position and then send a communication to the Kitsap County Commissioners. There was some concerns about having enough time, but the consensus was to try. Commissioner Kennedy thanked Kamuron for his presentation. She then moved on to the next agenda item. c. Comprehensive Plan — The latest draft of the Land Use Element was distributed. Paul highlighted new land use designations and the addition of "Intent paragraphs" under each designation. These paragraphs provide guidance for implementation and are particularly instructive for future zoning regulations. He detailed the simplified residential classifications, such as Single Family Residential in the place of the generic Low Density and Medium Density residential categories. These changes are also done to support the Center's Concept of the Comprehensive Plan, as are new containment categories for High Density Residential and General Business uses that are outside of newly designated Neighborhood, District, Downtown, and Employment Centers. Finally, he went over the schedule for upcoming study sessions, to improve upon and advance implementation measures for the current draft elements. The meetings are scheduled for the first and third Tuesdays of October and November, at 5:30 p.m., in the Council Chambers: • October 7 th — Environment and Economic Development Elements • October 21" —City Services • November 4 th — Housing and Land Use • November 18 — Transportation Public Hearings on the entire plan are tentatively scheduled to begin at the Commission's regular January meeting. Prior to that meeting, in mid - January, there will be a final public workshop presented to summarize the plan and the Land Use alternatives, focused around the Community Character chapter. Planning Commission Special Meeting September 16, 2003 Page 8 of 9 VI. BUSINESS MEETING A. Chair Report: None. B. Director Report: Chris Hugo. C. Old Business: None. C. New Business: None. VII. Adjournment Meeting was adjourned at 7:25 p.m. The next regular meeting is scheduled for October 21, 2003. Respectfully submitted by: Executive Secretary Approved by: Jessica Kennedy, Chairman Planning Commission Special Meeting September 16, 2003 Page 9 of 9