BREMERTON — The city of Bremerton is pushing back against Kitsap County zoning regulations that restrict where facilities that house violent sex offenders can be located, arguing that the changes unfairly target residential areas near city limits.

In a letter posted online last week, Mayor Greg Wheeler said the county regulations allow housing for high-risk sex offenders to be located near neighborhoods in unincorporated Kitsap that border the city, specifically along routes that many children use to walk to school.

“Bremerton is being targeted by Kitsap County to establish these areas in our neighborhoods regardless of the City’s objections and concerns about protecting our residents,” Wheeler wrote.

County leaders this week said they aren't targeting the city specifically, and state law restricts how intensely they can regulate group homes for high-risk sex offenders.

The county’s regulations are aimed at “sexually violent predators,” a special designation for sex offenders who have been civilly committed following the completion of their prison sentences for criminal convictions. People who are designated “SVPs” have been found to have a mental abnormality or personality disorder that makes it more likely than not that they will re-offend if not confined.

County commissioners approved interim regulations in February to restrict the areas where group homes for SVPs could be located after a residence in Poulsbo drew the ire of the community.

Wheeler has spoken out against the zoning changes, arguing that the regulations disproportionately affect the city. Wheeler urged the county to change its regulations to include setbacks from existing residential areas but said that the city’s suggestions have been ignored by county leaders.

“Frankly, it’s unfair that Kitsap County has taken steps to amend its regulations to benefit the Poulsbo community, and will not even consider doing the same for the City of Bremerton,” Wheeler wrote in his letter.

County commissioners say they aren’t ignoring Bremerton’s concerns. North Kitsap Commissioner Rob Gelder said the county’s approach was modeled from Bremerton’s zoning ordinance and includes a more stringent siting process, neighborhood meetings, permit review and approval by the county hearing examiner.

“I think (targeting) is an unfortunate choice of phrase,” Gelder said. “Our intent has never been in any way, shape or form to target any community.”

Bremerton concerned about rules

The interim county rules limit homes for high-risk offenders to commercial and industrial zones in unincorporated Kitsap. Most of the areas that would allow those residences are in East Bremerton along Highway 303 and around Silverdale. There is also a small area in Kingston.

Wheeler said that the rules will affect neighborhoods along the Wheaton Way corridor, near Pendergast Park, the Perry Avenue neighborhood and Navy Yard City. While state law prohibits group facilities for SVPs within certain distances of schools, churches, bus stops and other places where children and families congregate, the county regulations would allow a home to be sited along routes that kids use to walk to school, the mayor said.

He highlighted specific areas near walking routes on Perry Avenue close to Mountain View Middle School and National Avenue near West Hills STEM Academy.

“The county shows, they’ve shown a lack of awareness of an urban setting,” Wheeler said.

On June 5, Bremerton’s city council approved an update to the city’s zoning code restricting where the facilities can be sited in the city. The ordinance adds 880-foot buffers around existing residential areas. The mayor said he is asking the county to add something similar to its regulations.

“We're just saying buffer from neighborhoods, our residential neighborhoods,” Wheeler said.

'De facto moratorium'

Planners from the county Department of Community Development say adding an 880-foot buffer to every residential area would overly restrict where houses for SVPs could be sited. Local jurisdictions are required by the state to allow these facilities and can’t impose additional restrictions beyond what is set out in state law.

“It was determined that (adding buffers) would essentially preclude the siting of facilities across unincorporated Kitsap County and essentially create a de facto moratorium,” county planner Liz Williams said.

Williams added that the zoning regulations, which the county is in the process of making permanent, require a conditional use permit and a public hearing before a group home can be sited. SVP housing can’t be located adjacent to, across the street from, or within line of sight of “risk potential facilities” like daycare centers, preschools, domestic violence shelters and public parks.

The conditional use permit could also allow the county to add additional restrictions to high-risk facilities on a case by case basis.

“I think it would allow us to have the land and the site location speak for itself versus being overly prescriptive and thus eliminating other possible locations,” Gelder said.

'Bremerton is not being targeted'

County commissioner Ed Wolfe called Wheeler’s comments “disconcerting” and said they misrepresented what the county is trying to accomplish with the regulations. He added that the county has tried to work with each city on a solution, including Bremerton.

“Bremerton is not being targeted or ignored,” Wolfe said.

The regulations are an attempt to balance the restrictions of state statutes with the needs of Kitsap’s communities, Wolfe said. Creating regulations that are too strict could result in backlash from the state.

“State law outlines the siting of locations and the criteria for schools and it removes local discretion for siting for the counties and cities,” Wolfe said. “That is a clear, clear message.”

Both Wolfe and Gelder said they favor putting permanent laws on the books to make sure that residents are aware ahead of time when group homes like the one in Poulsbo are planned.

The county has until August to make its interim regulations permanent. A hearing is scheduled for June 24 during the commissioner’s normal business meeting. County officials say Bremerton’s concerns, and the concerns of all residents, are being considered.

"It's a convoluted, complex area, I mean who wants these places in your neighborhood?” Wolfe said. “But it's a balancing act to protect our community and work within that law that we have to work with until it's changed.”