HomeMy WebLinkAbout2016-08-29 City Council Minutes Approved City Council Minutes—August 29, 2016
Mayor Laurie Gere called to order the advertised special meeting of the Anacortes City Council of
August 29, 2016 at 6:00 p.m. Councilmembers Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams,
Liz Lovelett, John Archibald and Matt Miller were present. The assembly joined in the Pledge of
Allegiance.
Announcements and Committee Reports
Fire Chief Richard Curtis and Parks and Recreation Director Gary Robinson provided a report on the fire
at Little Cranberry Lake that began August 25, 2016. Chief Curtis thanked the community for its
overwhelming support of the firefighting efforts, the DNR for its exceptional service and a long list of
partners and staff. Chief Curtis shared a slide presentation that was added to the Council packet for the
evening. He reported that the fire was 95% contained and its cause was still under investigation. Mr.
Robinson shared photos of the forest. He thanked the firefighters from DNR on behalf of the entire
community. Mr. Robinson outlined some of the upcoming decisions regarding site closures, ongoing site
monitoring, rehabilitation of the burn area and protection of adjacent homes. Mr. Walters said it should be
illegal to smoke or light fires in the Anacortes Community Forest Lands, not just against ACFL policy. He
circulated a draft ordinance to that effect which he asked the Parks and Recreation Committee to review
and return with a recommendation.
OTHER BUSINESS
Decide on Appeals and Planning Commission's Recommendation on the Haddon Road 13 Lot Plat
& PUD, PUD-2016-1001
Mayor Gere called to order the continued meeting on the appeals of the Planning Commission's
recommendation of approval of the plat and Planned Unit Development on Haddon Road, project
PUD-2016-1001. She stated that this was a quasi-judicial hearing before the Council which was acting as
the appellant body reviewing the recommendation of the Planning Commission. Mayor Gere reminded
that the closed record public hearing on this matter had been closed during the August 22, 2016 City
Council meeting and Council began deliberation at that time. She said Council deliberation would
continue at the present meeting and no further testimony would be taken.
Mayor Gere asked councilmembers to disclose any ex parte communication on this matter that may have
occurred since the August 22, 2016 meeting. Mr. Miller reported that he had been out of the country so
had not attended the August 22, 2016 meeting but had watched the entire recording of the proceedings
and reviewed the record regarding all of the appeals. He added that he still lives within one quarter mile of
the project site. No councilmembers disclosed any ex parte communication since the August 22, 2016
meeting. Mayor Gere asked if anyone objected to Mr. Miller's participation as part of the appellant body
on the matter.
Craig Sjostrom, 1204 Cleveland Avenue, Mount Vernon, attorney representing appellants Patrick and
Carol O'Hearn, said that based on the complexity of the issue and the fact that Mr. Miller was not present
at the August 22, 2016 session, he asked that Mr. Miller recuse himself. Steven Nicol, attorney
representing the applicant, took the opposite position. He argued that the comprehensive record of the
August 22, 2016 proceedings and all prior session allowed all councilmembers to be adequately
informed. He observed that no conflict of interest was alleged by the appellants. Mr. Miller requested an
opinion from City Attorney Darcy Swetnam. Ms. Swetnam recommended that given the objection raised
by the appellants, Mr. Miller recuse himself. Mr. Miller recused himself from the matter and left the Council
chambers for the duration of the meeting.
Planning Director Don Measamer summarized the proceedings of August 22, 2016. He listed the topics
addressed by Council in its deliberation based on the appeals submitted; those included density,
modification process, open space, geological hazards, storm water, and lot frontage. Mayor Gere asked
councilmembers to identify issues that had not yet been addressed. Mr. Walters said the remaining issue
was resolving the conflict between AMC 16.20.040 and AMC 17.36.110 to determine if 30 feet or 20 feet
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of street frontage was required. Mr. Johnson, Ms. Pickett, Mr. Adams, and Mr. Archibald identified no
other issues still to be addressed. Ms. Lovelett said she still had concerns regarding potential buffers to
achieve equivalency and about geotechnical hazards.
Council engaged in extended consideration of the lot frontage requirements in the code and how those
related to public safety access, impermeable surfaces, flag lot configuration, neighborhood character and
the level of specificity required for equivalency offered in exchange for code modifications under the PUD
ordinance. Ms. Swetnam asked Council to clarify the ambiguity in the code between the 30 feet of
frontage identified in the subdivision title and the 20 feet of frontage identified in the R2 chapter of Title
17. She reiterated the previously stated arguments that the most restrictive requirement of 30 feet should
apply and the counter argument that the PUD chapter calls for R2 standards to apply. Ms. Swetnam
urged Council to establish which provision controlled in order to clarify the conflict for the current and for
future projects.
Mr. Walters moved, seconded by Mr. Archibald, to find that 30 feet of frontage is required on a
public or private road per AMC 16.20.040 as the default rule. Vote: Ayes—Walters, Lovelett and
Archibald. Nays— Pickett, Adams and Johnson. In accordance with RCW 35A.12.100, Mayor Gere
broke the tie vote, voting aye. Motion carried, 4 to 3.
Mr. Walters moved, seconded by Ms. Lovelett, that the code requires, based on the definition of
"flag lot" in Title 17 and a reasonable interpretation of"frontage", that frontage is only achieved
for a flag lot by the full required width the full distance of the flag. Mr. Measamer suggested adding,
"... consistent with AMC 17.06.490(E)."Vote: Ayes—Adams, Lovelett, Archibald, Johnson and
Walters. Nays— Pickett. Motion carried, 5 to 1.
Council then considered in some detail whether the application as proposed with the conditions of
approval recommended by the Planning Commission provided equivalency for the applicant's requested
code modification from the required street frontage.
Ms. Lovelett moved, seconded by Mr. Walters, moved to condition the project to maintain a 20 foot buffer
on Haddon Road and the north and west edges of the property. Councilmembers discussed the nature of
such a buffer and how the proposed condition would interact with other proposed conditions of approval
regarding planting strips, trees, and fencing. Ms. Lovelett amended her motion to also remove the
Planning Commission recommended Condition of Approval 25 requiring a seven foot tall fence on the
north and west sides of the property. Vote: Ayes— Lovelett. Nays—Adams, Archibald, Johnson, Walters
and Pickett. Motion failed, 5 to 1.
Council continued considered of whether the application as proposed with the conditions of approval
recommended by the Planning Commission provided equivalency for the applicant's requested code
modification from the required street frontage.
Mr. Walters moved to remove the fence requirement along the northern side, add a 20 foot buffer to be
reviewed by an arborist, and modify the Planning Commission's recommended condition regarding Lot 13
to require open space below the split rail fence only. Motion died for lack of a second.
At approximately 8:00 p.m. Mayor Gere called a seven minute break. At 8:07 p.m. the mayor called the
meeting back to order.
Council continued considered of whether the application as proposed with the conditions of approval
recommended by the Planning Commission provided equivalency for the applicant's requested code
modification from the required street frontage. Mr. Johnson, Ms. Pickett and Mr. Adams all voiced support
for the Planning Commission recommendation. Mr. Walters, Ms. Lovelett and Mr. Archibald all argued
that additional conditions were necessary. Discussion continued to that end.
Mr. Walters moved, seconded by Mr. Archibald, to add a condition requiring that a 20 foot native
vegetated buffer shall be provided along the west and north property line, evaluated by a certified
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arborist to determine health, condition and viability of trees; to restore the development right to
Lot 13 such that open space would be designated east but not west of the split rail fence; and
eliminate the fence requirement on the north and west sides of the project. Councilmembers
discussed access to the designated open space. Mr. Measamer suggested that the 20-foot water line
easement could be noted as a water line and public access easement. Mr. Walters moved to amend his
motion to remove the 20 foot buffer along the west property line. Motion died for lack of a second. Vote:
Ayes—Lovelett, Archibald, Johnson,Walters and Pickett. Nays—Adams. Motion carried, 5 to 1.
Ms. Lovelett inquired of staff how to achieve better safety around the power pole at the corner of Haddon
and Whistle Lake roads. City Engineering Technician Steve Lange said he would work with PSE, Skagit
County and the neighborhood to have the pole moved, noting that it was located in Skagit County.
Mr. Johnson moved, seconded by Mr. Archibald, to direct staff to prepare Findings of Fact and
Conclusions of Law to approve the Haddon Road preliminary plat, PUD and proposed code
modifications subject to conditions of approval as noted in the Planning Commission
recommendation, including the correction to Condition 26 to read "All lots must be to the R2
standard including and clarifying that no lot may be under 7,500 square feet" as noted in the staff
report, and further subject to the conditions imposed by City Council at the present meeting. Vote:
Ayes—Archibald, Johnson, Walters, Pickett and Adams. Nays—Lovelett. Motion carried, 5 to 1.
There being no further business, at approximately 8:42 p.m. the Anacortes City Council meeting of
August 29, 2016 was adjourned.
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