HomeMy WebLinkAboutMinutes 07/18/1990
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AGENDA
PORT ANGELES PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
Special Meeting
July 18, 1990
7:00 P,M.
I.
CALL TO ORDER
ll.
ROLL CALL
APPROVAL OF MINUTES: July 11, 1990
IV. SEPA APPEAL PROCEEDING:
ID.
An appeal by Mantooth, et al, of the Port Angeles SEPA Responsible Official's
determination to issue a Mitigated Determination of Non-Significance on April 18, 1990,
and an appeal by Del Hur, Inc., of the Responsible Official's determination to modify
the Mitigated Determination of Non-Significance on May 14, 1990.
1. Introduction and overview of process: Larry Leonard, Planning Commission
Chairman.
2. Presentation: Brad Collins, SEPA Responsible Official.
3, Presentation: Ken Williams, Attorney for Appellant Mantooth, et al.
4. Presentation: Alan Middleton, Attorney for Appellant DelHur, Inc.
5. Rebuttal: Collins/Williams/Middleton.
6. Planning Commission deliberation.
7. Planning Commission action.
v. ADJOURNMENT
NOTES:
The SEP A Appeal Proceeding is not a public hearing and the Planning Commission will not be
taking public testimony. After all requirements of the State Environmental Policy Act have been
met, the Planning Commission will hold a public hearing in order to receive testimony regarding
the Planned Residential Development. Contact the Planning Department at 457-0411 ext. 159 for
scheduled hearing dates.
All pertinent information regarding the SEPA Appeal, including project files and Port Angeles
SEP A procedures, is available for review in the Planning Department office. Copies of all
material is available at a cost of $.25 per page,
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Mitigation Measures ... Ennis Creek Estates
On April 18, 1990, the City of Port Angeles SEPA Responsible Official determined that the
development of the Ennis Creek Estates Planned Residential Development would not have a
significant adverse impact upon the environment provided the following mitigation measures were
attached to the proposal:
1. Prior to approval of a prelimifUuy Planned Residential Development by the City of Port
Angeles, the applicant shall submit a recreational use and mitigation plan designed to
provide usable common open space within the Ennis Creek ravine (that area of the
Planned Residential Development zoned Public Buildings and Parks) while maintaining
and protecting fisheries habitat within this area, The plan shall be prepared by a
professional water resources finn and shall be approved by the Washington State
Department of Fisheries. The plan shall be implemented by the applicant prior to the
issuance of occupancy penn its for any habitable structure within the Planned Residential
Development. No vegetation within the Planned Residemial Developmem zoned Public
Buildings and Parks shall be disturbed, except as approved by the Washington State
Department of Fisheries and the Port Angeles Planning Departmem.
2. Prior to issuance of building pennits for any structure designed for hwnan occupancy
within the Planned Residential Development, the applicant shall submit a detailed
geotechnical foundation report relating to the ability of the building sites to support
structures. The study shall be prepared by an engineering finn licensed in the State of
Washington specializing in geotechnicall/oundation engineering.
3. Prior to approval of a preliminary Planned Residential Development by the City of Port
Angeles, the applicant shall submit a surface water drainage and erosion control plan
prepared by a licensed engineer to the Washington Department of Fisheries and Port
Angeles Department of Public Works for approval. The plan shall be implemented by the
applicant from the onset of any construction within the Planned Residential Development.
On May 14. 1990, the Responsible Official modified the above determination to include the
following mitigation measures in addition to those previously established:
4, Pursuant to the Washington State Department of Fisheries letter of April 3D, 1990, the
applicant shall provide a 150 foot buffer along Ennis Creek in order to provide
recruitment of large woody debris. This buffer shall be included in the recreational use
and mitigation plan,
5. Pursuant to the Washington State Department of Ecology letter of May 1, 1990, the
applicant shall include a wetlands report from a qualified consultant hired to delineate
the wetland boundaries using the new federal wetlands delineation methodology. This
report should include information on the junctions and values provided by the wetland
and proposed mitigation to avoid or minimize potential impacts to the wetland where
possible and to compensate for unavoidable impacts.
The Planning Commission will review two appeals of the above determinations. The
Mantooth appeal requests that the detennination be overturned and an Environmental
Impact Statement be prepared. The DelHur appeal requests that the Commission amend
condition number 4 to allow some development within 150 feet of Ennis Creek.
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PLANNING COMMISSION
Port Angeles, Washington
Special Meeting
July 18, 1990
I CALL TO ORDER
Chairman Leonard called the meeting to order at 7:03 P.M.
II ROLL CALL
Members Present:
Ray Gruver, Jim Hulett, Roger Catts, Larry
Leonard, Bob Philpott, william Anabel.
Members Excused:
Donna Davison.
staff Present:
Sue Roberds, Grant Beck, Craig Knutson.
Representing
Appellant Mantooth: Ken Williams.
Representing
Appellant DelHur:
Alan Middleton, William Wilbert, Jr. , Bill
Wey.
Representing City
of Port Angeles:
Brad Collins, Gary Kenworthy.
III APPROVAL OF MINUTES
This item was continued until July 25, 1990.
IV SEPA APPEAL PROCEEDING
An appeal by Mantooth, et aI, of the Port Angeles SEPA
Responsible Official's determination to issue a Mitigated
Determination of Non-significance on April 18, 1990, and
an appeal by DelHur, Inc., of the Responsible Official's
determination to modify the Mitigated Determination of
Non-Significance on Mav 14. 1990.
Brad Collins, SEPA Responsible official, was sworn in by
Chairman Leonard. Mr. Collins presented a videotape of Ennis
Creek taken earlier this spring upstream of the project site.
Mr. Collins indicated that protection of the area is not the
issue, but how the protection occurs. Mr. Collins reviewed
the staff report for the project and noted the requirements
of WAC 197-11-330, which describe the threshold determination
process. He stated that the actions taken for this project
have included an Environmental Checklist submitted on March
5, 1990, which received a mitigated DNS issued on April 18,
1990, and was subsequently modified on May 14, 1990, in direct
response to agency comments. The mitigated and the modified
mitigated DNS are being appealed.
PLANNING COMMISSION
July 18, 1990
Page 2
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The SEPA Responsible Official's determination is that the
project, as proposed, will not have a significant adverse
impact on the area, provided certain mitigating measures are
attached to the proposal. There are 71 mitigating measures
identified and considered as conditions of either this deter-
mination or incorporated by reference. Part of the proposal,
the alternatives and impacts, have been analyzed in previous
documents and were incorporated by reference. The Planning
Department received a large number of responses from agencies
with jurisdiction and from the public. The SEPA Responsible
Official reconsidered the Determination of Non-Significance
following receipt of comments from agencies and then issued
the Mitigated Modified ONS in direct response to comments from
Fisheries and Ecology.
The Planned Residential Development (PRD) is regulated under
the Zoning Code. The City will not lose its ability to
require a full SEPA review at a later date by this action.
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Mr. Collins indicated that DelHur, Inc., also appealed
mitigation measure NO.4, which requires a 150-foot buffer
along Ennis Creek in order to provide recruitment of large
woody debris. Mitigation Measure No. 4 was attached following
consultation from the Department of Fisheries.
Commissioner Catts asked who would enforce the mitigation
measures and what would happen if it was found that the
measures were not put into place.
Mr. Collins responded that if the conditions are not met the
project could be stopped; a Determination of Non-Significance
could be withdrawn; a Determination of Significance could be
issued; or the project could be denied under SEPA.
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Chairman Leonard swore in Ken Williams, attorney for Mantooth,
et aI, the appellants. Mr. Williams stated that his clients
do not oppose development in the area or mUlti-family develop-
ment. The opposition is to unplanned development. Mr.
Williams stated that environmentally bad choices last forever.
He stated that the SEPA regulations require that before
decision makers act, all possible impacts for a project shall
be identified and mitigated, if possible. He noted this is
the largest development ever in Port Angeles history and
possibly in Clallam County, as well as the first PRD within
the City limits. Mr. Williams read into the record a letter
from the Department of Wildlife, dated April 24, 1990,
expressing grave concern over the project proposal. He noted
that the letter referred to the three mitigating measures
which had been placed on the Determination of Non-Significance
at that date. Mr. Williams noted that staff had stated that
the PRD developments are regulated by the Zoning Code, but
stated that the ability to regulate the proposal is over when
the PRD process is approved. He stated the potential for
adverse impacts, if a Determination of significance is not
PLANNING COMMISSION
July 18, 1990
Page 3
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required, are unquantifiable loss of natural resources. He
further stated there is a need for more information and more
expertise, and the information should be sought first, before
the decision is made.
commissioner Hulett corrected the record that there has been
one other PRD approved in the city; however, the PRD has not
been developed.
Chairman Leonard questioned Mr. Williams as to whether he felt
the Department of Fisheries and Wildlife had indicated whether
or not they had had enough time to review the proposal.
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Mr. Williams noted that the Departments of Fisheries and Wild-
life would be able to respond meaningfully with more time.
He stated that the issuance of a Determination of Significance
and a subsequent EIS would result in a delay of 45 to 60 days
for this project and would not be out of line.
Chairman Leonard noted that the Departments of wildlife and
Fisheries did not take lead agency status on this proposal.
Mr. Williams responded that lead agency is ultimately whoever
has the most control over the project. The Departments of
Wildlife and Fisheries did not have those resources and it is
clearly a city project.
Chairman Leonard swore in Alan Middleton, Davis, Wright,
Tremain, 9806 32nd Ave. NE, Seattle, attorney for DelHur,
Inc.
Mr. Middleton noted that william wilbert of DelHur, Inc., and
Bill Wey of The Watershed Company, Seattle, were present for
questions.
Mr. Middleton stated that the issues which concerned his
client had been mostly resolved at this point and that his
client is not here to appeal the revised Determination of Non-
Significance. He stated that the Department of Fisheries had
approved a re-wording of Condition No.4, as proposed by Mr.
Middleton, to read: liThe applicant shall provide a ISO-foot
buffer along Ennis Creek in order to provide recruitment of
large woody debris. If. in reviewinq a recreational use and
mitigation plan approved as provided in Mitiqation Measure
No.1. the city and the Department of Fisheries determine that
recreational uses may be sited within the ISO-foot buffer.
this Mitiqation Measure No. 4 shall not be read as restrictinq
their power to authorize such use. II
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Mr. Middleton stated that his client is not here simply to
develop and leave the community, but has past long-term and
future interests in the City and its development.
Mr. Middleton noted that WAC 197-11-350 (3) states that if
adverse impacts can be mitigated, a Determination of Non-
Significance must be issued. He stated that during the
PLANNING COMMISSION
July 18, 1990
Page 4
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annexation, rezone, and the current PRD proposal, extensive
review has been conducted concerning environmental issues.
The Environmental Impact Statement issued in 1983 stated that
measures would be continuing through a development process.
Seven geo-technical studies have been done since 1984. How-
ever, geo-technical surveys cannot be done for the building
sites because the buildings do not exist, and the site plan
can be changed. He further stated that during the process of
review, the developer has down-sized his project to 366 units.
The project is expected to take up to five years to develop.
Mr. Middleton stated that the project encompasses 34 acres,
not 10 acres as noted by the appellants. The developer plans
to concentrate on a smaller area and leave the remainder in
its virgin state. The developer will leave a ISO-foot buffer,
recognizing Ennis Creek as a valuable environmental area which
should be preserved, and agrees with the conditions as
approved by the Department of Fisheries (revised Measure No.
4) .
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Mr. Middleton said further environmental review will be during
the development phases. He stated this is not the city's last
shot at review of the proposal; that continuing review will
occur by the mitigation measures invoked, or if new informa-
tion comes to light during the development process. Mr.
Middleton objected to the statement of the attorney for the
appellants' that approval of a PRD constitutes a firm con-
tract. Mr. Middleton noted there have been 54 mitigating
measures imposed during the Environmental Impact statement
process in 1983-84; 48 of which concern this development.
Twelve measures have been proposed from the rezone; and five
during the PRD-SEPA appeal, for a total of 71 mitigation
measures. It was stated that all parties concerned believe
that at least one crossing of Ennis Creek is necessary to
assure the safety of children and people in the area. The
Creek recreation area is intended to be well-managed and
developed with exercise points at various locations.
Commissioner Catts asked Mr. Middleton about Condition No.3,
which calls for an erosion control plan, subject to City and
Department of Fisheries approval prior to development. He
also asked whether the recent clogging of the fish ladder on
Highway 101 had been caused by development on this site.
William wilbert was sworn in by Chairman Leonard. Mr. Wilbert
responded to Commissioner Catts' inquiries and stated that the
clogging of the fish ladder occurred as a result of sanding
from the recent winter snows and weather on Highway 101. An
erosion control plan would be implemented and monitored by the
City during the construction phase.
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The commission took a ten-minute recess at 8: 50 P.M.
meeting reconvened at 9:03 P.M.
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PLANNING COMMISSION
July 18, 1990
Page 5
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During the rebuttal phase of the meeting, Mr. Collins stated
that no new significant adverse impacts had been identified
that had not already been addressed. In response to the
concern that the city cannot further review and mitigate
potential impacts which occur following a PRD approval, Mr.
Collins read the PRD Ordinance which states that a PRD must
comply with all other Ordinances, such as Building Code and
SEPA regulations. Mr. Collins indicated that this does not
state that the city will not have the ability to control
possible environmental impacts which could be further con-
ditioned or denied. He stated he believes the work already
done for the project has identified possible impacts and
addressed them. He also noted that the developer has down-
sized the project from the rezone stage, but the project is
still larger than the densities evaluated in the 1983 EIS for
the site annexation.
Commissioner Hulett asked Mr. Collins if it is the Department
of Fisheries which issues hydraulics permits.
Mr. Collins stated that Wildlife also issues hydraulics
permits.
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Commissioner Hulett asked if in issuance of a hydraulics
permit the Departments of Wildlife and Fisheries would have
more time to do more background research on issues which were
of concern.
Mr. Collins stated "yes".
commissioner Gruver asked when other agencies could have
assumed lead agency status.
Mr. Collins stated that within 15 days of receipt of the
Determination of Non-Significance circulated by the city to
reviewing agencies per WAC 197-11-340, the agencies with
jurisdiction could have assumed lead agency status.
Commissioner Gruver asked who would monitor the erosion
control measures imposed.
Gary Kenworthy, City of Port Angeles City Engineer, was sworn
in by Chairman Leonard. Mr. Kenworthy noted that a hydraulics
permit would be issued with conditions and inspections would
occur during the life of the project. Depending on the sensi-
tivity of the project, more inspections could occur.
Chairman Leonard asked which agencies had reviewed the
Environmental Checklist.
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Mr. Collins noted that the Checklist was routed to agencies
with possible permitting authority for the project.
Grant Beck, Associate Planner for the City of Port Angeles,
was sworn in by Chairman Leonard. Mr. Beck noted that the
PLANNING COMMISSION
July 18, 1990
Page 6
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Environmental Checklist had been routed to the Department of
Ecology, the Department of Fisheries, the Department of
Wildlife, the point-No-point Treaty Council, and School
District #121, and that the mitigated DNS had been put in the
SEPA Register for the State on April 16th to April 20th, and
the modified mitigated DNS was also put in the SEPA Register.
Mr. Collins noted in closing that if the proposal does not
comply with the mitigated measures of the Determination of
Non-Significance the DNS could be withdrawn and a Deter-
mination of Significance could be issued. If further impacts
which are greater than anticipated are noted in SEPA review
for building permits, the issue can be re-reviewed at that
time.
Commissioner Philpott wanted to be assured that the city would
not be responsible for further maintenance in the area.
Ken williams noted that the developer has vested rights and
a PRD approval constitutes a contract.
There was considerable discussion regarding vested rights.
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Commissioner Gruver asked Attorney Williams about Mr. Collins I
statement that if impacts were noted in the future, would it
be too late to address them.
Mr. Williams responded it is usually too late; the parties
usually prefer not to bother, and there is no legal vehicle
for reviewing at a later date.
Chairman Leonard wondered if the Department of Fisheries would
have more time to review the proj ect when review of the
hydraulics permit occurs; and what types of information is
looked at in review of the hydraulics permit application.
Mr. williams answered that the Departments usually look at the
construction issues and impacts, and do not try to mitigate
them out.
Chairman Leonard also asked if other agencies did not have an
opportunity to thoroughly review the project and why another
agency did not assume lead status.
Mr. Williams answered that usually another agency will not
take the lead agency status when an issue is so patently
within another municipality's jurisdiction.
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Alan Middleton stated that he had not heard testimony of any
new impacts which had not been previously addressed. He noted
that the issues addressed by Attorney Williams included
traffic and utilities and those issues have been addressed in
previous studies and updated to date. He stated there was
nothing further to study at this point. Surveys were done
which characterized the geo-technical information available.
PLANNING COMMISSION
July 18, 1990
Page 7
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Fisheries retains the right to approve a hydraulic permit for
storm water drainage. He briefly described his understanding
of the developer's vested rights on future development and
stated that the City will not lose its right to change,
modify, or add a mitigation measure at a later date. Mr.
Middleton noted there is a substantial record on this review
and each issue raised by the appellant. He did not see there
is any new information which had not been considered pre-
viously. Mr. Middleton answered questions from the Commission
concerning the hydraulic permit and control of run-off.
In response to Commissioner Hulett's inquiry as to the City's
opportunity for further review, Craig Knutson, city of Port
Angeles City Attorney, was sworn in by Chairman Leonard. Mr.
Knutson stated there will be some continuing enforcement
involved. The Commission should be sure to cover all issues
now. Further SEPA review may not be necessary if the issue
is thoroughly reviewed and appropriate measures are added at
this time. Geo-technical studies may be done by the Building
Official if there is any question during the time of construc-
tion. All studies required will be necessary to have been
completed prior to the PRD approval, with the exception of the
geo-technical studies.
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The Commission took a five-minute recess at 10:30 P.M. The
meeting reconvened at 10:35 P.M.
The Commission discussed at length the testimony received.
Commissioner Hulett expressed concern that the City could lose
control at a later date if the impacts changed.
commissioner Gruver expressed concern that the issues may not
have been studied thoroughly enough, and urged the Commission
to acknowledge the request of the appellants and issue a
Determination of Significance for this project.
Commissioner Hulett noted that further studies could and
should be done during the continuing phases of the construc-
tion of a project of this type; namely, the PRO. He noted
that the erosion and run-off issue had been discussed
thoroughly.
Commissioner Gruver reiterated his concerns as this is the
single largest residential project of its type in the city and
possibly in the County; the area is recognized by all as an
environmentally sensitive area and should be preserve; and
noted that the site, upon completion, would contain nearly 6%
of the city I s total population. He noted that a PRO is a very
specific project.
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Commissioner Anabel asked Director Collins how many other
agencies would be contacted if an Environmental Impact state-
ment were to be required.
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PLANNING COMMISSION
July 18, 1990
Page 8
Mr. Collins noted that 19 agencies had been sent the earlier
EIS as an estimate of the additional agencies who could
respond, if appropriate.
Following continued discussion, commissioner Philpott moved
to uphold the SEPA Responsible Official's decision to issue
the revised Determination of Non-Significance and concur and
modify Mitigated Measure No. 4 with the wording as noted by
the Department of Fisheries. commissioner Hulett seconded the
motion.
commissioner Gruver suggested that all the previously attached
conditions be included in the motion.
commissioner Philpott noted that all the previously referred
to conditions would be incorporated by reference.
The question was called and passed 4 - 2, with Messrs. Gruver
and Anabel voting "No".
commissioner Catts moved to approve and adopt the findings as
noted in the Determination of April 18, 1990, and Conditions
9 and 10 of May 14, 1990, and Conclusion A in April 18, 1990.
commissioner Hulett seconded the motion, which passed 4 - 2,
with Messes. Anabel and Gruver voting "No".
commissioner Hulett moved to accept withdrawal of the DelHur
appeal. Commissioner Philpott seconded the motion, which
passed unanimously.
commissioner Hulett moved to deny the appeal of Mantooth, et
ale Commissioner Catts seconded the motion, which passed 5 -
1 with Mr. Gruver voting "Noll.
Review of the Planned Residential Development, scheduled for
July 25, 1990, was discussed. commissioner Gruver asked if
Mr. Collins would have the report ready for the Commission's
review by the July 25th meeting. Director Collins noted the
staff would not have a complete report by that date, but could
present some information through a preliminary report to the
Commission for its review. Director Collins noted that
probably more than one meeting will be required for complete
review of the PRD process.
It was decided that the Commission would continue with the
meeting scheduled for July 25, 1990, to begin review of the
PRO, as well as the scheduled review of the CIP and Zoning
south of City Hall.
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V ADJOURNMENT
The meeting adjourned at 11:40 P.M.
PLAN.341
PLANNING COMMISSION
July 18, 1990
Page 9
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oOt.A NtU~G
. CITY of PORT ANGELES
ATTENDANCE ROSTER
NAME:
'rIPE OF ~1EETING PLANNING COMMISSION
Ill\1E OF MEETING '7- I [) -- 90
LOCATIOO CITY HALL
ADDRESS:
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