SEQUIM — The City Council has approved a critical-areas ordinance after taking into consideration concerns from developer John Wayne Enterprises, Sequim Senior Activity Center officials, the Jamestown S’Klallam tribe and the state Department of Ecology, which the city has worked with through the process.
“I think we’ve worked out something that can work for both the city and the Department of Ecology,” said Jack Dodge, city planning director.
The council passed the ordinance with a 6-1 vote Monday night with Councilman Erik Erichsen opposed because he took issue with its definition of “best available science” and how it protects critical areas.
The ordinance calls for a variety of buffer zones, which separate wetlands from development.
Buffer zones for creeks are from 25 feet in the upper reaches to 150 feet in the lowlands.
Other buffers, depending upon type, can range from 25 feet to 200 feet.
Marine bluffs and marines shorelines require 50-foot setbacks.
The code, city officials said, allows the city to set buffers with developers through the contracting of a “qualified professional” to make the determination.
Agreements can be reached between the city and developers through the use of such experts in critical-areas situations.
Louis Torres, representing John Wayne Enterprises, the family of the late actor John Wayne that has long eyed its acreage above John Wayne Marina and Pitship Point on Sequim Bay for a large-scale residential resort community, weighed in for the company, asking the city to allow for existing public utilities and road in the proposed wetlands buffer zones.
Wells for the development already exist on the property within proposed buffer zones, Torres told the council.
Roads — including Whitefeather Way — stormwater facilities and utilities in the vicinity of Pitship Pocket Estuary, the lowest point in the city, should be preserved in the buffer zone, Torres said.
A city planner agreed with Torres.
“There’s no way we’re going to tear out Whitefeather Way” for a buffer enhancement, said city Planning Director Jack Dodge.
John Wayne Enterprises also requested that the city provide for a 50 percent reduction of the proposed 100-foot buffer, taking it down to 50 feet from the ordinary high-water mark for buffers along streams when the stream is within a designated commercial zone.
John Wayne Enterprises said a significant portion of the development includes cabins along the lower portion of Johnson Creek, part of which is developed as a recreational vehicle park.
The RV park area is developed and maintained to within a typical distance of between 10 and 20 feet of the high-water mark of the lowest portion of Johnson Creek.
“The establishment of a 100-foot buffer in this commercial zone would effectively eliminate the entire cabin portion of the existing resort community application and may preclude sufficient return to allow the desired enhancements,” Torres said in a letter to the city.
Michael Smith, Sequim Senior Activity Center director, said the future acreage in East Sequim for the proposed expanded facility on 4.5 acres has 7,300 square feet of wetland, and he is asking for an exemption for the future 20,000-square-foot center building with a 140-space parking lot.
Jamestown tribe
The Jamestown S’Klallam tribe asked for changes in language in the proposed ordinance that apply to habitat and wetlands.
“The buffer of 100 feet for city of Sequim is less protective than Clallam County for major new development, which is 150 feet,” Hansi Hals, tribal environmental planning manager, said in a letter to the city.
“It would be sensible to afford the same protection for the entire stream length, and I hope that the city will consider providing a 50-foot additional buffer for major development.
“Discretion to increase buffers is allowed [as drafted], but for consistency and clarity, it would be an improvement to state that commercial projects or residential projects exceeding a certain size shall have a 150-foot buffer,” Hals said.
The critical-areas ordinance update is in response to the state Growth Management Act requirements that critical-area regulations incorporate the latest “best available science” in protecting critical areas such as wetlands, creeks and shorelines.
The current city code does not incorporate the latest best-available science.
Ecology also called for sufficient buffer widths.
Dodge said critical areas will be marked with signs.
In other action Monday night, the council approved an electric-vehicle infrastructure ordinance required by the state of Washington to regulate future recharging and battery changing stations for electric vehicles.
Information about the critical-areas ordinance can be seen at the city website at http://tinyurl.com/6lred38.
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Sequim-Dungeness Valley Editor Jeff Chew can be reached at 360-681-2391 or at jeff.chew@peninsuladailynews.com.