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Hearing on reasonable-use exception for Sinclair Way development: city staff recommends approval subject to conditions; decision pending
Summary
The City of Bremerton hearing examiner heard testimony on April 28 in a reasonable-use-exception application (BP240005) to allow construction of two commercial buildings on parcels at 5235 and 5225 Sinclair Way that would modify wetland buffer areas.
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The City of Bremerton hearing examiner heard testimony on April 28 in a reasonable-use-exception application (BP240005) to allow construction of two commercial buildings on parcels at 5235 and 5225 Sinclair Way that would modify wetland buffer areas.
City staff recommended the hearing examiner find that the application meets the approval criteria in Bremerton Municipal Code (BMC) 20.14.155, subject to conditions listed in the staff report. Justin Rowland, senior planner with the City of Bremerton Department of Community Development, said staff coordinated with the Department of Ecology and the Suquamish Tribe, issued a SEPA mitigated determination of nonsignificance on March 28, 2025, and received no appeals during the April 18, 2025 appeal period.
The applicant’s representatives described the project and mitigation measures. John Rose, an officer with Radiant (the parcels’ owner), said the sites have been marketed for more than 15 years and described existing infrastructure stubbed to the pads. Dane Jepsen, a planner with LDC, summarized site design changes intended to reduce impacts compared with a previously approved reasonable-use exception for the broader site. Ben Wright, principal fisheries biologist with Soundview Consultants, testified that the proposal is designed to minimize impacts (building placement, stormwater routing to the south reservoir, and a planting plan) and stated that the mitigation is expected to achieve “no net loss of function” relative to the site’s current degraded condition.
Public comment: Anna Mockler, a retired certified professional wetland scientist who said she is a Bremerton city council member speaking for herself, urged the hearing examiner to deny the application. Mockler said she had documented functioning habitat—beaver activity, otter observations and native vegetation—on the Wright Creek wetland system and questioned the hydrologic connection asserted in the project materials. She also raised concerns about compatibility of commercial truck traffic with nearby residences and a park and suggested conservation partnerships.
No final decision was made at the hearing. The hearing examiner stated he will issue a written decision within 10 business days.
Why it matters: The application would alter regulated wetland buffers and proposes compensatory mitigation. The outcome affects future development of the Sinclair Way industrial pads, local wetland function, and public access patterns around the parcel.
Key facts and conditions - Proposal: Reasonable-use exception to modify off-site wetland buffer widths for two parcels at 5235 and 5225 Sinclair Way to allow two commercial buildings. - Exhibits admitted: staff report, RUE application, wetland/fish/wildlife assessment and buffer enhancement plan (Soundview Consultants), SEPA checklist and mitigated determination of nonsignificance (MDS) issued March 28, 2025, preliminary site and landscaping plans, prior hearing examiner decision from June 16, 2020, and public comments (entered as Exhibit M). - Staff recommendation: Find criteria of BMC 20.14.155 satisfied subject to conditions in the staff report. Staff indicated the recommended invasive-species removal on an adjacent city-owned parcel is a one-time action by the applicant. - Applicant’s position: Radiant and consultants agreed to comply with recommended conditions on the record. - Public comment: Written and oral comments urged denial and raised concerns about hydrologic connectivity, wildlife habitat, and adjacent recreational and residential uses.
The hearing record was left open for the hearing examiner’s written decision, which the examiner said will be issued within 10 business days.
