HomeMy WebLinkAboutMinutes 01/23/1991
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AGENDA
PORT ANGELES PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
January 23, 1991
7:00 P.M.
I. CALL TO ORDER
ll. ROLL CALL
m. APPROVAL OF MINUTES: Special meeting of January 16, 1991
IV. PUBLIC HEARING:
1.
SHORT PLAT ORDINANCE REVIEW: Consideration of revision to the
City's Short Plat Ordinance #2222.
V. OLD BUSINESS:
PLANNED RESIDENTIAL DEVEWPMENT - PRO 90(04)1 - DEL BUR.
INC.. Del Guzzi Drive: Proposal to allow a Planned Residential Development
on property located south of SR 101, along Del Guzzi Drive, west of Ennis
Creek. (Continued from January 16, 1991.)
VI. COMMUNICA TIONS FROM TIlE PUBLIC
Vll. STAFF REPORTS
vm. REPORTS OF COMMISSION :MEMBERS
IX. ADJOURNMENT
All correspondence pertaining to a hearing item received by the Planning Department at least one day prior to the
scheduled hearing will be provided to Commission members before the hearing.
PlaMing Commission: !.any U.ODlIrd, Chair; Ray Grover, Vice-Chair; Bill Anabel; Roger Catts; Cindy Souders; Iim Hulett; Bob Philpott.
Planning SUItT: Bmd Collins, Planning Director; Sue Roberds. Planning Office Specialist.
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Planning Commission Agenda
Page 2
. PUBLIC HEARING PROCEDURE:
Spokesmen for the proponents and opponents will be given an opportunity to speak to the
request. Each person speaking shall give name, address and nature of interest in the matter.
Information submitted should be factual, relevant and not merely duplication of a previous
presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be
limited to short supporting remarks (5 minutes). Other interested parties will be allowed to
comment briefly (5 minutes each) or make inquiries. The Chairman may allow additional public
testimony if the issue warrants it. Brief rebuttal (5 minutes) for proponents and opponents heard
separately and consecutively with presentation limited to their spokesman. Rebuttal shall be
limited to factual statements pertaining to previous testimony. Comments should be directed to
the Planing Commission, not the City Staff representatives present, unless directed to do so by
the Chairman.
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PLANNING COMMISSION
Port Angeles, Washington
January 23, 1991
I CALL TO ORDER
Chairman Leonard called the meeting to order at 7:10 P.M.
II ROLL CALL
Members Present:
Roger Catts, William Anabel, Bob Philpott,
Cindy Souders, Ray Gruver, Jim Hulett,
Larry Leonard.
Members Absent:
None.
staff Present:
Brad collins, Sue Roberds, craig Knutson,
Jack Pittis, Bruce Becker, Gary Kenworthy.
III APPROVAL OF MINUTES
Mr. Philpott moved to approve the minutes of the special
meeting of January 16, 1991, as presented. Mr. Anabel
seconded the motion, which passed unanimously.
. IV PUBLIC HEARING
SHORT PLAT ORDINANCE REVIEW: Consideration of revision
to the City's Short Plat Ordinance #2222.
Chairman Leonard opened the public hearing.
Mr. Collins explained that he had not been involved in the
original review committee work and the Department Report would
be presented verbally by the Public Works Director. Although
the Planning Department feels there may be room for further
improvement of the current ordinance, the Department concurs
wi th the Public 'Works Department's recommendation dealing with
reduction in the current minimum street standards.
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Jack Pittis, Director of Public Works, stated that this effort
to amend the Short Plat Ordinance began a number of years ago.
A Short Plat Review Committee composed of concerned indi-
viduals and City staff reviewed the Ordinance and proposed
revisions. The City essentially feels that if we have to have
a gravel standard, the proposal will work, as presented. The
problem is with the gravel standard. Director pittis pre-
sented a viewfoil comparing the current Ordinance provisions
with the current Ordinance amendment proposal. The current
Ordinance provides that when a short plat is approved in an
area, a 17-foot wide asphalt roadway would be improved on the
short plat side, with curb and gutter: and a 10-foot wide
strip along the opposite side improved, with a 20-foot roadway
from that area to the nearest paved roadway. If development
PLANNING COMMISSION
January 23, 1991
Page 2
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should occur opposite the short plat roadway, the same stan-
dard would be applied. The proposed amendment is to require
a 20-foot gravel roadway for short plats to service the newly
created lots, with modified shoulders, involving a non-protest
agreement, a turn-around provided if the roadway is in excess
of ISO feet in length, an approved roadway profile provided
by the developer if there is no profile or grade established,
and the developed side would have an improved shoulder for
pedestrians. The issue at hand is whether or not a gravel
roadway is an appropriate improvement to provide for an urban
area. In his opinion, Director Pittis stated that City resi-
dents choose to live in the City because of the urban ameni-
ties, including curb and gutter and paved roadways. The
concern is with initial costs to developers, being the major
reason the City undertook this review. It is not necessarily
cost-efficient to construct roadway improvements by LID due
to price increases in material costs and other factors,
between the time the non-protest agreement is signed and the
LID is initiated. The Public Works Department handles
numerous requests for service on gravel roads in the City
yearly, during dry periods where dust is a problem, and at
other times of the year for general maintenance requests
caused by gravel roadways. The City does not have a dust
palliative program, which is expensive to maintain. If we are
going to have a gravel standard, we should get the best
standard available. Curb, gutter, and sidewalk should still
be required for arterial areas. Areas of the city which are
presently experiencing difficulties due to unimproved area
roadways (previously platted areas) were discussed.
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Mr. Collins noted that as far as the laws of the state are
concerned from the Planning Department's perspective, short
plats and formal subdivisions should be viewed the same. The
primary difference does not have to do with the standards of
development, but the process for creating more lots. Short
subdivisions are done administratively, with full subdivisions
being processed through the Planning Commission and Ci ty
Council. The idea of a short plat is that when dealing with
only a few pieces of property, 'conceivably an 'administrative
decision could be more expeditious; however, the same stan-
dards should apply. There should be one standard for
development throughout the City.
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In response to a question from Chairman Leonard, Attorney
Knutson answered that state law leaves short plat standards
up to the City to develop on its own. In full SUbdivisions,
the state outlines general standards which have to be
followed~ the individual city then develops specific street
standards through its public works department. The Planning
Director's feeling is that from a policy perspective, the
standards should be the same.
In response to Chairman Leonard, Mr. Collins answered that it
is not uncommon to have separate standards for subdivisions
and short subdivisions. Mr. Collins understood that the
PLANNING COMMISSION
January 23, 1991
Page 3
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Public Works Department's proposal is to differentiate between
short and long subdivision requirements, but the actual
traveled roadway would be very similar (i.e., asphalt) and
complaints concerning maintenance of graveled roadways would
be better addressed. The intent of the Department's revised
ordinance is to encourage development without being self-
defeating about standards.
Director pittis answered questions concerning different
methods of road surfacing, expected maintenance schedules and
costs, as well as late-comers fees for street improvements.
He noted that late-comer fees have not been successful on a
general State-wide basis because they are difficult to
enforce. Non-protest agreements and LID requirements were
discussed. ~
Mr. Collins noted t~ere may be other concerns with the City'S
short platting requirements which members of the audience may
wish to address and recalled the directions from the City
Council following the Abbott short plat application.
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Ken Schermer, 738 West Sixth Street, said he is very pleased
to see this proposed ordinance finally come before the
Planning Commission. Concerns expressed are valid. A problem
with the present Ordinance is that it requires developers to
improve more area than they are developing. The proper method
to develop those areas is by LID. Gravel would be a step
toward improvement until the area is developed enough to form
an LI D.
Jerry Newlin, 717 South Peabody street, served on the Short
Plat Review Committee. He stated the City has a need for
continuous improved streets, but the need should not be the
burden of individual developers. The gravel would be an
interim improvement until a higher level of development allows
for a non-protest LID. Requirements should be consistent.
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Joe Melton, 507 West Seventh street, also served on the Short
Plat Review Committee. Mr. Melton gave a brief background of
the Committee. It should not be the responsibility of private
developers to develop road profiles in the city. It is very
difficult to apply the same standards for long subdivisions
to short SUbdivisions; there are different needs and design
problems. State law recognizes full and short subdivisions
individually. Mr. Melton said it is questionable whether the
City owns any rights-of-way in the Townsite. He believes
ownership of the rights-of-way are in the Federal government.
Being our centennial year, it would be a good issue to settle.
This area was developed by the Federal government and shows
a standard way of dividing suburban lots. Rights-of-way
create a hardship for plats in improving both sides of the
street. The County requires 20-foot gravel access roads on .
plats up to 12 lots. In his opinion, development of new lots
in the City is nearly non-existent because the costs of
development are too high with the current standards.
PLANNING COMMISSION
January 23, 1991
Page 4
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There being no one else wishing to speak to the matter,
Chairman Leonard closed the public hearing.
Commissioners Hulett and Philpott expressed concern that
gravel may not be sufficient and possibly a required 20-foot
asphal t strip, without curbs and gutters, would be more
desirable. Following discussion, a compromise was reached
that at minimum, a two...;shot BST surface would be acceptable.
Chairman Leonard expressed his concern that a full asphalt
surface without curb and guttering would result in raveling
of the roadway. Director Pittis explained that the shoulder
helps retain the edge of the asphalt, protecting against a
raveling effect. He indicated that a BST surface would
actually ravel more than full asphalt, due to its base
surface.
Mr. Catts moved to recommend amendment to the Short Plat
Ordinance, No. 2222, as proposed, amending the minimum roadway
improvement standard to allow a 2 Q-foot wide double-shot
bituminous roadway surface (BST) in a configuration as
presented by the Public Works Department. Mr. Hulett seconded
the motion, which passed unanimously.
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The Commission took a 15-minute break. The meeting reconvened
at 8:45 P.M.
Commissioner Souders left the meeting.
V OLD BUSINESS
PLANNED RESIDENTIAL DEVELOPMENT - PRD-90(04) 1 - DEL HUR,
INC., DelGuzzi Drive: Proposal to allow a Planned
Residential Development on property located south of SR
101, along DelGuzzi Drive. (Continued from January 16,
1991. )
Chairman Leonard explained the meeting procedure in that the
public would be allowed to answer questions in the event
questions being asked during deliberations could not be
answered satisfactorily by the Planning commissioners or staff
present.
City Attorney Knutson added that the only reason to allow
additional comment would be in response to a question from the
Commission to someone who is not on the staff, if someone
disagrees or thinks that the answer is not a complete answer,
in order to give due process, but not to open the floor to
another public hearing.
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In response to Commissioner Hulett, concerning buildings on
Lots 1 and 4, Mr. Collins responded from the staff memo, which
indicated that the minimum setbacks for the underlying zones
are not met by some of the buildings on all of the lots,
PLANNING COMMISSION
January 23, 1991
Page 5
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except for Lot 4. The recreation building and the most south-
erly apartment building on Lot 1 appear to be closer than 25
feet from the public right-of-way, which was designated as
the setback requirement for buildings of more than one story.
The corners of several of the buildings on Lot 10 and the
easterly building on Lot 16 encroach on DelGuzzi Drive; the
buildings on Lots 11 to 14 do not meet the minimum setback
requirements for single-family residences; the buildings on
Lots 7 and 8 similarly do not meet setback requirements,
al though there is ample area for them to do so; and the
minimum lot width for Lot 5 should be 100 feet for a duplex
in the RS-9 District; however, a PRD does not require those
minimums to be met. Lots 11 and 12 were originally proposed
as having minimum lot size for the district; however, with the
redesign of DelGuzzi Place, the lots were reduced in order to
allow the appropriate width for the cul-de-sac at DelGuzzi
Place.
commissioner Hulett stated he understood that according to the
Department of Fisheries, nothing could occur within the 150-
foot buffer other than work to bring the drainage system into
compliance; yet a retaining wall requires work on both sides
of the wall for maintenance and construction, and is proposed
in the current site plan.
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Mr. Collins agreed that the intent of the 150-foot buffer was
as a non-disturbance line. It would be up to the Department
of Fisheries to designate if no disturbance would be allowed
or if it would allow for maintenance within the buffer area.
If the Commission were to act favorably on the project, the
developer could be required to move the wall so there would
be no disturbance in the buffer area. Redesign of some areas
may have to occur if the retaining wall were to be moved; a
parking lot layout would be affected, and perhaps relocation
of some of the buildings on Lot 1. A hydraulics permit would
not be issued if it was felt that the retaining wall would be
in an area which is restricted from use of any kind.
The Commission discussed height limitations, landscaping
symbols used on Plan C, and lot calculation deficiencies.
Mr. Catts questioned the developer on the type of construction
materials which would be used for the structures. Bill
Wilbert answered that cedar siding, with gable roofs of three-
tab roofing would be used. He added there would be no parking
allowed on DelGuzzi Drive.
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In questioning the developer, Mr. Catts stated that although
measures are available to mitigate impacts to the environment,
they are not easy means to accomplish. He questioned Mr.
Wilbert as to his intentions to comply strictly with purely
prescriptive measures to minimize and absolutely do away with
the potential impact to the environment during development
stages of the project.
PLANNING COMMISSION
January 23, 1991
Page 6
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Mr. Wilbert answered that he intends to comply with all
measures that are required, and added that he had been
required to submit a development construction plan for
development stages of the project during the SEPA review
process. The construction plan deals with sediment and storm
water runoff containment.
Mr. Hulett asked Attorney Knutson about the city1s ability to
fine a developer in the event a need presents itself to
restore areas damaged during construction stages of a
development.
Attorney Knutson answered that it is possible to establish a
fund for that eventuality. He stated that usually when law
suits or enforcement actions involve the physical environment
or coming up with a value that equates to damage, it is left
up to the state agencies with that expertise. If the Commis-
sion should decide to make a specific condition to that
effect, it was suggested that the Departments of FiSheries and
Wildlife be contacted as to those figures. A team is avail-
able to ascertain those types of damage costs.
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Commissioner Hulett was concerned that it be very specific
that the 150-foot buffer area is to remain totally undis-
turbed, or if maintenance of the infrastructure facilities
located in the area would be allowed, as well as the
permissibility of disturbance of the natural environment
during construction of the proposed retaining wall.
Following lengthy discussion among the Commission members, it
was determined that the l50-foot buffer along Ennis Creek
shall remain totally undisturbed except for grading or other
disturbance affecting the buffer area in accordance with
approval of the Department of Fisheries, to be given prior to
any construction in that 150-foot area.
Commissioner Anabel recommended the removal of one story (11
units) and associated parking area (22 spaces) from buildings
proposed for Lot 1, thereby reducing the density and asso-
ciated parking area. Mr. Wilbert responded that the buildings
on Lot 1 could be redesigned due to the flexibility allowed
by the removal of the parking area associated with the reduced
floor area.
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Commissioner Gruver indicated a concern that there are three
driveways in a relatively short space in association with the
buildings on Lot 1. His concern was that sight distance and
grades may be undesirable for that site: however, he acknowl-
edged this would be an engineering problem which would be
addressed by the Public Works Department, with approval prior
to any construction. It was also noted that the reduction of
a building floor from the structures on Lot 1 would allow for
a reduction of the units and more design flexibility in
relation to the 150-foot buffer and retaining wall.
PLANNING COMMISSION
January 23, 1991
Page 7
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Following considerable discussion, it was the consensus of the
Commission that the buildings on Lot 1 be limited to three
inhabitable floors above a parking garage, and the northern-
most parking area shall be eliminated.
Mr. Collins noted that the Watershed Company trail plan (Plan
A) is to be considered part of the proposed plan under discus-
sion for approval, rather than the plan currently shown on
Plan C (plan under discussion). In response to commissioner
Gruver I s request to review the proposed trail plan as it
compares to the proposed plan shown on the current site plan,
Mr. Collins said the primary difference is there is no second
crossing of the trail on the Watershed Plan; the meandering
of the trail is not located as it is on the Plan C drawing;
Plan C indicates a trail at a minimum of 50 feet from the
creek, whereas the Watershed trail is an average of 150 feet
from the Creek.
commissioner Hulett indicated that the minuses outweighed the
pluses in previous discussion of whether or not there should
be a trail included in the PRO. He was of the opinion that
the trail should be eliminated, as previously directed.
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Chairman Leonard stated his opinion that a trail should be
included in the PRO plan. For reference material, he referred
to the city's comprehensive Park and Recreation Plan, which
indicates the city should strive for a trail system in ravines
and shoreline areas of the City. Chairman Leonard further
informed the Commission that if the trail is not required in
this PRD, the developer would not be required to reserve this
area as open space, but could allow for development in the
Ravine area. The area dedicated for the trail on the current
plan is not calculated in the 36% open space, based on the
open space areas shown on Plan C. Chairman Leonard further
quoted from the Comprehensive Parks and Recreation Plan, which
states: "The best opportunities for recreational space
includes the ravines and watercourses and waterfront. City
residents report that activities they do most frequently
include more passive, individualistic, non-programmed activi-
ties such as walking, picnicking and beachcombing. This
probably reflects the nature of what is available to them with
the abundance of surrounding natural resources. They also
report that they would like to see more facilities that
support the facilities that they do most, i.e., waterfront
park, access to waterfront areas, bike, walking, and horse
trails, picnic and open spaces. 11 Chairman Leonard further
stated that in the summary and recommendation section of the
comprehensive Parks and Recreation Plan, it states: "We
should adopt an open space policy focusing on ravines and
watercourses as the major organizing elements . . . Develop
an open space system in the Dry Creek, Tumwater Creek, Valley
Creek, Peabody Creek, White Creek, and Ennis Creek Ravines. II
He further stated that the Plan encourages walking trails in
all ravines but the Dry Creek Ravine. Furthermore, a miti-
gated measure in the annexation environmental impact statement
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PLANNING COMMISSION
January 23, 1991
Page 8
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prepared for this property was "to provide a pedestrian-only
access trail, similar in nature and character to those used
in state and national parks, with limited access to the Creek
but providing views of the Creek."
Chairman Leonard said the City has spent thousands of dollars
building trails for its citizens. The community is committed
to a trail system throughout the city. This trail would be
developed by the developer of the PRD, not with City funds.
He pointed out instances of the city's involvement in estab-
lishing recreational trail activities at every possible
opportunity in the past years.
Mr. Hulett expressed concern that a wooded trail of this type
has a potential for vagrancy and was concerned over the safety
of children and other users of the trail, as well as environ-
mental damage which could occur from the proposed trail.
Mr. Philpott recommended that the watershed plan, as shown,
with one crossing at the north end of the Creek, be considered
favorably. He suggested elimination of the trail to the
school, thereby containing the trail within the property of
the PRD. Lighting would be a welcome extra, as depicted in
Plan C.
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Mr. Hulett was concerned that fencing should be provided along
the eastern boundary of the 150-foot buffer east of Ennis
Creek, to ensure the protection of wildlife and disco~rage
trespass from that area.
Mr. Collins added that the Department of Fisheries' suggestion
to the Watershed Company called for a five-strand wire fence
to be placed along the eastern boundary of the Ennis Creek
buffer to discourage human usage but to allow for wildlife
moving along the corridor at this location.
commissioner Gruver noted that Dr. Jim Walton had given an
excellent suggestion at a previous meeting relative to placing
a trail across the Creek. He indicated there are methods the
developer could use to enhance the Creek should a trail be
developed. The possibilities should be explored with the
Department of Fisheries and, if appropriate, the PRD should
be conditioned for those enhancements. He further added that
in his opinion, testimony received from Tim Rymer, the Depart-
ment of Wildlife's representative indicated that the degree
of impact of the trail to the wildlife population would be
slight.
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The Commission reached a consensus that the Watershed
Company · s trail proposal as approved by the Department of
Fisheries shall be constructed with the elimination of the
trail connection to the Port Angeles School District property,
with lighted areas similar to that shown in Plan C. The
Watershed Company trail shall include a five-strand wire fence
between the trail and the east side of Ennis Creek, as
PLANNING COMMISSION
January 23, 1991
Page 9
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previously approved by the Department of Fisheries. This
five-strand wire fence shall be connected to a chain link
fence running along the eastern property boundary and north
of the ISO-foot buffer on the east side of Ennis Creek, as it
intercepts the eastern property line. Enhancements of protec-
tive habitats (i.e., holes, pools, etc.) for anadronomous fish
shall be provided per Department of Fisheries approval.
The Commission took a five-minute recess. The meeting recon-
vened at 10:50 P.M.
In response to Commission inqu1r1es, Mr. wilbert indicated
that the Watershed Company and the Department of Fisheries had
been working together on where the metering would come off the
detention pond to create over-wintering areas for steelhead
smolts. It was his understanding that the Department of Fish-
eries was satisfied to deal with the issue when looking at the
detention ponds during construction.
Commissioner Philpott suggested that fencing for separation
be provided between the PRD site and the surrounding residen-
tial areas.
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Mr. Hulett referenced Dr. Mantooth's statement at the previous
special meeting that he was willing to provide an easement for
the buffer fence along his property (between Lots 9 and 13).
Following discussion, it was the consensus of the Commission
that a slatted chain link fence shall extend along the 150-
foot buffer on the west side of Ennis Creek, the east property
line, and the south property line: provided that the property
owners (Dr. and Mrs. Mantooth) provide an easement for a fence
on Lots 9 and 13. However, the easement will not be a
condition of approval.
Commissioner Hulett questioned the statement on the Plan stat-
ing that a City representative and the developer's representa-
tive spot trees prior to construction. Mr. Collins clarified
that it was his understanding those areas not directly in-
volved in construction activity that have significant stands
of trees which could be retained, would be so marked. Areas
would be identified prior to Clearing and grading of the site
and, depending on the root structure and the health of the
individual trees, retained. He added that a covenant restric-
tion could be required in order that in the future, if trees
which were saved became unhealthy or a danger to residents or
properties, they could be removed at the discretion of the PRO
homeowners' association.
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The Commission briefly discussed fencing around the detention
ponds. Gary Kenworthy, City Engineer, noted that there had
not been any plans submitted as yet for the detention ponds,
and without those plans it would be difficult to say if
fencing would be required. The Commission was concerned that
Mr. Kenworthy would be able to require fencing in the event
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PLANNING COMMISSION
January 23, 1991
Page 10
he felt it was necessary. Mr. Kenworthy indicated he felt he
could require fencing if it became necessary, without the
Commission's prior approval.
Commissioner Anabel questioned whether the wetland noted on
the duplex lots (Lots 7 and 8) needs to be addressed. Mr.
Collins stated that the site plan shows the area as undis-
turbed. Normally / the state would make a determination
regarding the wetland on the hydraulics permit. As a result
of a question from Commission Philpott concerning the lot line
arrangement on Lot No. 7 traveling through a wetland area, Mr.
Collins stated it is his understanding that the state does not
like fence lines to travel through wetland areas; therefore,
it is quite possible that the fence should be routed around
that wetland area. Mr. Collins further indicated there are
a great many decisions made at the time of final approval
concerning these smaller issues where details need to be
worked out to a finer degree. The Commission concurred that
those changes may need to be made. Concerning the wetland,
and in response to a question from Chairman Leonard, Dr.
Mantooth answered there had always been a wetland in the area;
however, it is being augmented by drainage from the new road.
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Mr. Catts recommended that manufactured homes be restricted
from Lots 5 through 9 and Lots 11 through 15, from an appear-
ance standpoint. Mr. Philpott, Mr. Anabel and Mr. Gruver
concurred.
There was discussion concerning the City's regulations regard-
ing manufactured homes. Mr. Collins stated that in order to
restrict manufactured homes in this area, the Planning Commis-
sion would have to reach a conclusion that this area differs
from other areas of the City where manufactured homes are
allowed. Mr. Collins encouraged the Planning commission to
uphold the City I S established policies as they relate to
manufactured housing in the city. Following discussion, the
applicant stated he anticipated the lots in question to be
developed with conventional stick-built homes.
The Commission concluded discussion on this topic with Messrs.
Catts, Anabel, Philpott, and Gruver recommending the developer
restrict the homes on the site by covenant. Chairman Leonard
and Mr. Hulett disagreed.
Although the PRD regulations do not require specific setbacks
for lots, it was decided (5 - 1) that reduced lot sizes (less
than 9,000 square feet) would be allowed, as proposed; how-
ever, the setbacks must conform to the underlying RS-9 zoning
District. Mr. Philpott expressed his dissenting opinion that
a 20-foot setback would be appropriate for the area.
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The Commission reaffirmed the consensus of October, 1990, in
that multi-family buildings under two stories should be
located no closer than 10 feet to a street; no mUlti-family
structure over three stories should be located closer than 25
PLANNING COMMISSION
January 23, 1991
Page 11
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feet to a street: no structure should be located closer than
25 feet from an external property line (external to the PRO).
Mr. Hulett was concerned about preventive measures which might
be taken in order to restore the 150-foot buffer area in the
event of disturbance during construction.
Mr. Kenworthy noted that an erosion control bond is a common
type of bond used in construction projects. An estimate is
prepared by an engineer to cover costs for restoration and
clean-up of disturbed areas during construction.
Chairman Leonard expressed concern that the value of the loss
could not be quantified in certain situations, such as envi-
ronmentally sensitive areas.
Attorney Knutson suggested that two different types of bonds
could be used. (1) An erosion control type bond could be
required, similar to other construction bonding which will be
required during the course of the project. (2) A bond could
be required to cover damage to environmental resources which
would be treated similarly to other items referred to the
Department of Fisheries during the project. It would be
something we would like to see, but the city would defer to
the Department of Fisheries for final action.
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FOllowing discussion of different types of bonds and insurance
available to accomplish the goal of providing for restoration
of areas which might be disturbed during construction, it was
the consensus of the Commission that some form of bonding or
insurance be required. staff was asked to investigate (1) an
erosion control bond as described by the City Engineer, and
(2) a bond or equivalent measure to allow for restoration of
those disturbed areas, as described by the city Attorney.
commissioner Hulett expressed his concern that the trail would
not be open to the public. Mr. Collins noted that if the
trail is open to the general public, control and maintenance
of the trail would be the responsibility of a public agency.
The Parks Department has indicated that it is their preference
at this time that the trail be private. However, this should
not preclude future link of the PRD trail to other public
trail systems.
Chairman Leonard noted that the developer would gain a 10%
credit if the trail is provided to the public. The City's
PRD regulations state that a developer who provides for
recreational facilities, including trails and neighborhood
parks which provide access to others than those in the PRD,
is allowed a 10% density credit.
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It was decided that at such time a public trail system is
developed in Ennis Creek, that portion of the PRO trail
connecting to the public trail would be dedicated to the
public by the homeowners' association.
PLANNING COMMISSION
January 23, 1991
Page 12
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Signage on the 100-foot buffer area along Ennis Creek was
discussed. It was decided that signage would be provided as
determined by City staff in order to restrict access to the
environmentally sensitive Creek area.
At the request of Fire Marshal Becker the commission concurred
to recommend that all inhabitable structures, including
duplexes and single-family dwellings, be sprinklered in this
PRD.
Commissioner Anabel recommended that a sight-obscuring or
vegetative screening fence, as well as asphalt paving, be
provided around the RV parking area shown on the plan, as
proposed on the landscaping portion of the current plan. The
Commission concurred.
There was
Morse and
property.
development
properties.
that access
considerable discussion regarding access to the
Brooks properties at the south end of the PRD
It was the decision of the Commission that
of this PRD area shall not deny access to those
Further discussion resulted in the recommendation
be made available at fair market value.
.
Phasing of the development was discussed. Mr. Wilbert indi-
cated that the project should take four and one-half to five
years to complete. The Commission expressed concern that
phasing be addressed during the final stages of approval, as
well as that recreational facilities be provided during the
early phases of the project I s development. As noted in
previous meetings, the Commission reiterated its concern that
common open space areas, including playgrounds, recreation
building and cabanas, would be developed on the lots as
dwelling units on those lots were constructed.
Attorney Knutson suggested the Commission defer the final
phasing for recreational facilities until final approval of
the PRO, as provided in the PRD ordinance.
Mr. Collins requested the relocation of the beginning of the
trail, as proposed, from Lot 1 to Lot 3, in order to allow the
common open space area to be the obligation of the Homeowners
Association on Lots 2 and 3, and not on property which could
be sold separately, such as Lot 1. The commission concurred.
Mr. Philpott moved to recommend approval of Plan C, as pro-
posed, subject to the conditions as listed previously herein
(attached as Exhibit "An), and citing the following findings
and conclusions:
.
FINDINGS:
1. The Comprehensive Plan, Zoning Code, and Subdivision
Ordinance of the City of Port Angeles have been reviewed
with respect to the proposed Planned Residential
PLANNING COMMISSION
January 23, 1991
Page 13
~ Development.
2. The proposed PRD is situated on 31.8 acres of land zoned
RMF, RS-9, and PBP.
3. The proposed PRD is for 236 units of multi-family dwell-
ings, 5 units of single-family residences, and 10 duplex
units, which require a Conditional Use Permit.
4. The Planning Commission's recommendation on population
density shall be based upon sections 17.70.060, .061.
and .120 of the Zoning Code and is calculated to be 435
housing units for the 36.5 acres of the subject site.
5. There are 12 acres of RMF zoned area in the PRO, result-
ing in a density of 19.3 units/acre, compared to allow-
able RMF density of 28.2 units/acre. There are 31.8
acres in the PRD area resulting in a density of 7.8
units/acre, compared to allowable PRD density of 13.1
units/acre.
.
6. Common open space is defined in SEctions 17.70.011 and
.050(B) of the Zoning Code as accessible to all resi-
dents, either unoccupied or recreation facilities, and
not usable if a street right-of-way, driveway, parking
area, or utility structure or if a separate parcel not
owned by a homeowners association.
7. The site plan of record for the PRO and the preliminary
plat application was filed with the City on January 8,
1991.
8. The Planning Commission's recommendation on preliminary
PRD approval shall be based upon compliance with Sections
17.70.050 and .120 of the Zoning Code.
9. The phased SEPA review of the subject site and proposal
has resulted in the identification of 71 mitigation
measures.
10. Ennis Creek, an anadronomous fiSh-bearing stream, is an
important natural feature found on the site, which also
has a rolling terrain with steep slopes, particularly
along the Ennis Creek Ravine.
11. The Washington state Department of Fisheries has approved
a recreational trail plan with lSD-foot natural vegeta-
tion buffers for the ravine floor area of the subject
site.
.
12. The applicant indicates that Ennis Creek Estates is
planned to take advantage of and enhance the natural
ameni ties to create a residential park development, while
preserving these natural amenities and emphasizing the
protection and conservation of the Ravine.
PLANNING COMMISSION
January 23, 1991
Page 14
.
13. It is intended that Planned Residential Developments will
result in a residential environment of higher quality
than traditional lot-by-Iot development by use of a
design process which includes within the site design all
the components of a residential neighborhood, such as
open space, circulation, building types, and natural
features, in a manner consonant with the public health,
safety, and welfare.
14. The PRD is served by DelGuzzi Drive and utility improve-
ments made through LID #211.
15. The total area of landscaped yards and community play
areas and recreation facilities adds up to approximately
36% of the PRD site area as usable common open space.
16. Lot 2 open space recreation area adds up to approximately
35% of the PRD site area as undisturbed or common usable
open space.
17. Approximately 23 acres (62% of the site) is left in its
relatively undisturbed natural vegetation state.
CONCLUSIONS:
.
A.
The proposed Ennis Creek Estates is consistent with the
Port Angeles comprehensive Plan and in particular the
following policy statements:
"Residential developments should allow Planned Unit
Development techniques where emphasis is on the overall
density of the development rather than individual lots
or dwelling units. Standards should be established to
assure access and services adequate for the density and
type of residential development proposed."
"High density development should be allowed in areas
which would provide aesthetic amenities or suburban
environmental characteristics to a larger percentage of
the population, provided such development would not have
adverse impacts on the surrounding low density develop-
ment."
"Wherever possible, unique environmental and topographic
features should be preserved.1t
"Natural topographic conditions and soil conditions
should be a maJor determinant of the intensity of
development of all areas of the community."
.
B.
The proposed density of the PRO meets the allowances in
section 17.70.060 and should be approved consistent with
mitigation measures of environmental impacts.
.
.
.
PLANNING COMMISSION
January 23, 1991
Page 15
C.
The usable common open space provided by the PRO exceeds
the required 30% and preserves on-site the unique natural
feature of Ennis Creek.
D. The proposed development creates a residential environ-
ment of higher quality than that normally achieved by
traditional development of a sUbdivision.
E. Through buffers of landscaping and single-family and
duplex uses, the PRD will be compatible with adjacent
existing and future developments.
F. All necessary municipal utilities, services, and facili-
ties, existing and proposed, are adequate to serve the
proposed development, as conditioned.
G. The proposed street system is adequate for the antici-
pated traffic levels and functionally connected to a
principal arterial.
H. Phasing of PRD improvements is not proposed, although
individual buildings may be developed in phases.
I. The proposed duplexes satisfy the requirements for
Conditional Use Permit approval.
J.
provisions for continuous maintenance and ownership of
common open space areas and common and private PRD
facilities will be assured by the covenants, restric-
tions, and conditions in the homeowners' association.
K. The public use and interest will be served by the Planned
Residential Development and the platting of the subdivi-
sion, which make appropriate provisions for the public
health, safety, and welfare.
Mr. Catts seconded the motion which passed unanimously.
VI COMMUNICATIONS FROM THE PUBLIC
None.
VII STAFF REPORTS
Mr. Collins noted an opportunity for leadership training
sponsored by the Clallam County Economic Development Council,
will be held on February 8th and 9th at Peninsula College.
Mr. Collins suggested those interested should contact the
Planning Department at the earliest opportunity.
VIII REPORTS OF COMMISSION MEMBERS
Mr. Catts requested the indexed version of SHB 2929 be
distributed to all Commission members.
PLANNING COMMISSION
January 23, 1991
Page 16
~
~ IX ADJOURNMENT
The meeting adjourned at 12:57 A.M.
.
.
,=.
.~
I ns, Secretary
SR: LM
PLAN. 420
.
.
.
(January 23, 1991)
EXHIBIT nAil
1. The 150-foot buffer along Ennis Creek shall remain totally
undisturbed, except for the trail as noted in Condition #3,
grading or other disturbance affecting the buffer area in
accordance with approval of the Department of Fisheries, to
be given prior to any construction in that 150-foot area.
2. Buildings on Lot 1 shall be limited to three inhabitable
floors above a parking garage, and the northernmost parking
area (Plan C) shall be eliminated.
3.
The Watershed Company I s trail proposal as approved by the
Department of Fisheries shall be constructed with the
elimination of the trail connection to the Port Angeles School
District property, with lighted areas similar to that shown
in Plan C. The trail shall include a five-strand wire fence
between the trail and the east side of Ennis Creek, as
previously approved by the Department of Fisheries. This
five-strand wire fence shall be connected to a chain link
fence running along the eastern property boundary and north
of the 150-foot buffer on the east side of Ennis Creek, as it
intercepts the eastern property line. Enhancements of protec-
tive habitats (i.e., holes, pools, etc.) for anadronomous fish
shall be provided per Department of Fisheries approval.
4. A slatted chain link fence shall extend along the 150-foot
buffer on the west side of Ennis Creek, the. east property
line, and the south property line; provided that the property
owner.s(Dr. and Mrs. Mantooth) provide an easement for a fence
on Lots 9 and 13. However, the easement will not be a
condition of approval.
5. Reduced lot sizes (less than 9,000 square feet) would be
allowed, as proposed; however, the setbacks must conform to
the underlying RS-9 Zoning District.
6. MUlti-family buildings under two stories shall be located no
closer than 10 feet to a street; no mUlti-family structure
over three stories shall be located closer than 25 feet to a
street; no structure shall be located closer than 25 feet from
an external property line (external to the PRD) .
7. An erosion control bond and a bond or equivalent measure to
allow for restoration of sensitive areas disturbed during the
construction process are required prior to issuance of any
building permits.
.
.
.
8. At such time as a public trail system is developed in Ennis
Creek, that portion of the PRD trail connecting to the public
trail would be dedicated to the public by the homeowners'
association.
9. Signage will be provided as determined by city staff in order
to restrict access to the environmentally sensitive Creek
area.
10. All inhabitable structures shall be sprinklered in this PRD.
11. A sight-obscuring or vegetative screening fence, as well as
asphalt paving will be provided around the RV parking area
shown on the plan, as proposed on the landscaping portion of
the current plan (Plan C).
12. Development of the PRD shall not deny future access to the
Morse and Brooks properties. Access shall be made available
at fair market value.
13. The trail, as described in Condition #3, shall be located
entirely on Lots 2 and 3.
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