Kitsap County holds public hearing on request to extend Arborwood development agreement

Kitsap County commissioners heard more than three hours of testimony Feb. 3 in Poulsbo on a request from developers Taylor Morrison and Pulte to extend and amend the 2010 Arborwood development agreement, a 751-unit master-planned project that includes a 104-acre conservation greenway and a network of multiuse trails.

Darren Gurney, planning supervisor at the Kitsap County Department of Community Development (DCD), opened the staff presentation by saying, "This is a public hearing to consider the Arborwood Development Agreement extension." He outlined options for the board: extend the agreement with only name/date updates; grant the five-year extension requested by the applicant (including protections for appeals and a modified 51% milestone tied to final plat approval); require compliance with current county code as a condition of extension; or deny the extension.

The developers — represented in Poulsbo by Pete Lemberas, president of Taylor Morrison's Pacific Northwest division, and Ryan Stokes, division president for Pulte Group — urged a five-year uninterrupted extension. Lemberas said the project "was a public-private effort and decades in the making" and noted prior delays. Stokes described site features tied to the agreement, including a 104-acre Greenway to be conveyed to the county, "8,000 feet of recreational trails and paved regional bike and pedestrian trails," neighborhood pocket parks and traffic improvements such as a roundabout and turn-lane work at State Route 104.

Ray Liow, an attorney with Van Ness Feldman representing the applicants, asked the commissioners to observe the appearance of fairness doctrine, saying, "we do reserve the right to challenge any decision made in violation of this doctrine," and argued staff and applicants had not had the full opportunity to negotiate potential alternatives before the hearing.

Public comment that followed included dozens of Kingston-area residents and community groups. Many speakers urged the commissioners either to deny an extension or to require that any extension be conditioned on meeting current Kitsap County stormwater and critical-area rules. Common concerns included clearcutting and heavy grading of formerly forested land, potential runoff to Crabapple and Kingfisher creeks, wetland protection, and the adequacy of the county’s review and monitoring. Ben Strobel, a Kingston resident, said the development had "cleared or cut all the trees" and warned stormwater runoff "will run untreated into Crabapple and Kingfisher Creek and then into Carpenter Estuary." Several residents cited the limited number of homes completed to date — commenters estimated roughly 56 homes, about 7–8% of the 751 total — and opposed vesting to older codes.

Other commenters urged approval. Ian Harkins, speaking for the Kitsap Building Association, and Deborah Purcell, a longtime Kitsap resident, said permitting backlogs and appeal timelines have materially delayed construction and that an extension could help deliver housing. Rick Legrander, fire chief for North Kitsap Fire & Rescue, said his district supports amending the agreement to include the fire marshal's recommended safety changes and sprinkler requirements, noting the nearest station is about a half-mile from Arborwood but backups can be as much as five miles away.

DCD staff told the board they will prepare a matrix of public comments received and indicated they may not immediately provide full written responses. The board closed the public comment portion of the hearing and scheduled deliberations and a decision for 9 a.m. on Feb. 12 in Port Orchard; the session will be available by Zoom. No final action was taken Feb. 3.

What the board will decide

The commissioners will consider (a) a simple extension limited to name and date changes, (b) the five-year extension requested by the applicants with an amended 51% milestone tied to final plat approvals and provisions to pause the term for appeal periods, (c) an extension conditioned on bringing the project into compliance with current Kitsap County code (including critical areas and stormwater standards), or (d) denial. Developers told the board they favor an extension that preserves vesting protections; several speakers and tribal and conservation commenters urged the board to require current code compliance and updated environmental mapping.

Key factual details and disputes

- Project size and scope: the Arborwood development is shown in the record as about 751 dwelling units with six construction phases and a 104-acre conservation easement the applicants say will be conveyed to the county.

- Vesting and milestone: the existing development agreement contains a 51% completion threshold that previously would trigger an automatic extension; the developers asked that the milestone be tied to "51% of final plat approval" and that the five-year clock pause for appeal-related delays.

- Environmental rules cited: staff and several commenters noted the project is currently vested to older code versions; community members and the Port Gamble S'Klallam Tribe asked the board to require compliance with the currently adopted Kitsap County critical areas ordinance and the 02/2021 Kitsap County Stormwater Design Manual if an extension is granted. During the presentation, staff described fish-bearing stream buffers (150–200 feet under current code) and non-fish-bearing stream buffers (50–100 feet under current code) as examples of standards that could change project impacts.

- Permitting history: staff presented a permitting timeline that includes approximately 16 permits issued since 2007; developers and several supporters said DCD review times (and appeal activity) between 2021–23 stalled application processing and made reaching the prior 51% milestone unlikely without an extension.

Next steps and staff follow-up

The Board of County Commissioners will consider the matter at a deliberation and decision session set for 9 a.m. Feb. 12 in Port Orchard (also available by Zoom). Staff said it will prepare a matrix of public comments for the commissioners. The hearing record will be used to frame options and legal analysis ahead of the decision.

Quotes (selected)

"This is a public hearing to consider the Arborwood Development Agreement extension." — Darren Gurney, planning supervisor, Kitsap County Department of Community Development

"The transformation of Arborwood from commercial timberland to 751 new homes and preserved green space was a public-private effort and decades in the making." — Pete Lemberas, president, Pacific Northwest Division, Taylor Morrison

"We do reserve the right to challenge any decision made in violation of this doctrine." — Ray Liow, attorney, Van Ness Feldman (representing Taylor Morrison and Pulte)

"Any water runoff not captured by the stormwater system ... will run untreated into Crabapple and Kingfisher Creek and then into Carpenter Estuary." — Ben Strobel, Kingston resident

"We're in full support of amending the agreement with the fire marshal's recommendation for the changes that would affect public safety." — Rick Legrander, fire chief, North Kitsap Fire & Rescue

Ending

The board did not take final action Feb. 3 and will deliberate and decide at a Feb. 12 meeting. Staff will post the hearing record and a matrix of public comments ahead of that session; commissioners said the Feb. 12 session will be held in Port Orchard with Zoom participation available.