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HomeMy WebLinkAboutMinutes 05/16/1995 3043 CITY COUNCIL MEETING Port Angeles, Washington May 16, 1995 CALL TO ORDER - Deputy Mayor Ostrowski called the special meeting of the Port Angeles City Council SPECIAL MEETING: to order at 6:00 p.m. ROLL CALL: Members Present: Deputy Mayor Ostrowski, Councilmembers Doyle, Hulett, McKeown, and Schueler. Members Absent: Mayor Sargent and Councilman Braun. Staff Present: Acting Manager Knutson, Clerk Upton, B. Becker, S. Brodhun, B. Collins, K. Godbey, S. Ilk, J. Pittis, B. Titus, B. Coons, B. Burrett, D. Sawyer, and K. Ridout. Public Present: B. Came, D. Botero, R. Pence, D. Anderson, D. Stutzman, L. Darling, and K. Roberds. Interview Candidates for 1. Interview Candidates for Downtown Forward Advisory Committee Downtown Forward Advisory Committee The following were interviewed for positions on the Downtown Forward Advisory Committee: Karl Jensen, Joe Melton, Greg Scherer and Don Bettger. CALL TO ORDER - Deputy Mayor Ostrowski called the regular meeting of the Port Angeles City Council REGULAR MEETING: to order at 7:05 p.m. PLEDGE OF The Pledge of Allegiance to the Flag was led by Deputy Mayor Ostrowski. ALLEGIANCE: APPROVAL OF Councilmember McKeown moved to approve the minutes of the regular meeting MINUTES: of May 2, 1995. Councilman Hulett seconded the motion, which carried unanimously. ' Councilman Doyle moved to approve the minutes of the special meeting of May 5, 1995. Councilmember McKeown seconded the motion, which carried unanimously. CEREMONIAL 1. Yard of the Month Award for May, 1995 MATTERS/ PROCLAMATIONS: Yard of the Month Awards were presented to: Gary and Joanne Warren, 2316 South Chase Street; Frank and Roni Prince, 3622 Meadow Street; Robert and Valerie Hilt; Yard of the Month 1738 West Sixth Street; and Dwight and Linda Waknitz, 222 West Tenth Street. FINANCE: 1. Consideration of Bids for Backhoe Bids for Backhoe Deputy Mayor Ostrowski reviewed the information provided by the Public Works Department. Councilman Doyle requested clarification of a heavy duty vs. light duty backhoe. Pete Burrett, Superintendent of Equipment Rental Services, explained the difference between these two pieces of machinery. After further discussion, Councilman Doyle moved to reject all bids and direct the Public Works Department to re-bid the equipment using revised specifications for a heavier duty backhoe. Councilman Schueler seconded the motion, which carried unanimously. CONSENT AGENDA: Councilmember McKeown moved to accept the Consent Agenda, including (1) Clarify terms of office for Law Enforcement Advisory Board; (2) Out of State Travel - Finance Director; (3) Voucher list for May 12, 1995 - $520,692.44; and (4) Payroll of May 7, 1995 - $357,240.11. Councilman Schueler seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. 3O44 May 16, 1995 ITEMS FROM THE Acting Manager Knutson stated that an item should be added to the Information AUDIENCE/COUNCIL/ portion of the agenda regarding the purchase of switchgear for the college substation. STAFF TO BE There is also an item from the Police Department regarding approval of the grant CONSIDERED OR award for the COPS FAST program. This was added as Item D.4. PLACED ON A FUTURE AGENDA: PUBLIC HEARINGS: A. Public Hearings Appeal of CUP - 1. Appeal of Conditional Use Permit - CUP 95(01)01 -Independent Bible Independent Bible Church Church, 116 Ahlvers Road: Appeal of the conditions of approval of a conditional use permit to allow a Christian school to be located in the RS-7, Residential Single Family District. Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and asked Senior Planner Sawyer for clarification of the issue. Mr. Sawyer reviewed the history of this CUP and distributed a list of proposed conditions, findings, and conclusions. He explained the conditions in detail and responded to questions directed by the Council. Deputy Mayor Ostrowski opened the public hearing at 7:55 p.m. Rod Pence, Administrator of the Independent Bible Church and the appellant, reviewed the letter he had written which was contained in the packet. Mr. Pence stated that the IBC has' filed a brief on the conditions, as it feels Condition//5 is discriminatory and imposes limitations on IBC that are not imposed on other schools. The Church school, which is located at O'Brien Road off Hwy. 101, is full; IBC is attempting to purchase additional land at that site to increase the size of that school. However, in the interim, it would like to temporarily site the school on the Church grounds on Ahlvers Road. It is possible that this school would become a permanent site; however, that is not the intent at this time. Mr. Pence stated that the Church is not adversarial in its request, and he expressed appreciation for the effort put forth by the Planning Commission and Department. Mr. Pence further requested that the school occupancy rate be raised from 150 students to 200 students, and that the word Mprevent~ in Condition #3 be changed to Mdeter'. Discussion followed and Planner Sawyer explained that the occupancy could not be raised unless a new application was submitted and a new SEPA review performed. Bernard Caine, 3518 Galaxy Place, distributed several handouts to the Council and stated that Religion has a right to its own schools. He indicated that in 1994, the State Legislature amended the laws on tax exemptions for churches, and now they can only exempt five acres. Attorney Knutson explained that the eXemption to which Mr. Caine referred applies to property taxes and is not relevant to the proceedings. Mr. Caine felt that before any action was taken on this issue, the opinion of the Prosecuting Attorney and the City Attorney should be obtained regarding the amended tax exemption law. Pat McGoff, 3616 Galaxy Place, did not object to the school, but would like a fence and sidewalks installed. He was concerned with on-street parking. Elmer Tuttle, 109 E. Ahlvers, was concerned with the already existing noise at the Church. He expressed a need for a buffer on Ahlvers and, in addition, traffic precautions at the Laurel/Ahlvers intersection. Deanna Botero, 3524 Galaxy Place, had many concerns regarding the CUP for the school. Ms. Botero understood the need for a school and was willing to work with the Church as it sought a permanent site. However, in the meantime, she expressed concern with the noise factor and supervision of the children. She urged the Council to set restrictions on use of the play area during school hours and asked for better road signs and traffic control. She requested a meeting between the Church and the neighborhood to address her concerns. Don Mudd, 3507 Galaxy Place, echoed Ms. Botero's concerns and also asked for a meeting between the Church and neighborhood. Bernard Caine, 3515 Galaxy Place, asked the Council who would be financially responsible for the traffic signals necessitated by a school being located in this area. Mr. Pence stated that he understood the Church has created certain problems for the neighborhood. It was intended that the Church would meet with the neighborhood. Because he only found out about this meeting .at noon today, the notice was too short 2 3045 CITY COUNCIL MEETING May 16, 1995 PUBLIC HEARINGS: to establish a meeting date. It is still intended that such a meeting will be held. He (Cont'd) pointed out that cypress and cherry trees had already been planted as a noise buffer. Appeal of CUP - There was no further testimony, and the public hearing was closed at 8:55 p.m. Independent Bible Church (Cont'd) Councilman Doyle felt the key to this issue was to be a good neighbor; discussions should be held and issues resolved. He also felt the word "prevent" should be changed to 'deter" in Condition #3. Councilmember McKeown reminded everyone that Condition #8 stated the CUP will only be valid for two years, at which time it will be reviewed. The neighbors could come forward at that time to discuss any concerns which had not been addressed or properly resolved. Planning Director Collins explained that neighbors could complain at any time, and those issues would be addressed immediately. Councilmember McKeown was concerned with Condition #5 being too restrictive in stating allowable school hours. Planner Sawyer explained that there was testimony regarding the impact of activities occurring during school hours. Condition #5 was an attempt .by the Planning Commission to define a period of time when the neighborhood could expect certain activity levels; it did not apply to after school activities. Councilman Schueler felt Condition #5 should be deleted, and the word "deter" should replace "prevent" in Condition #3. He felt that wording should be added to state "removable barriers" were acceptable. Further discussion ensued regarding acceptable buffers. Councilmember McKeown moved to issue the Conditional Use Permit, subject to Conditions 1 and 2 as written, amending Condition//3 to change the word "prevent" to "deter" and add "while the area is in use", Condition//4 as written, Condition//5 deleted, Condition # 6 as written, Condition//7 amended to read "a buffer plan shall be submitted to and approved by the Harming Deparhnent which provides a buffer area that adequately reduces the negative impacts of the play area on the adjoining neighbors.", Condition//8 as written, Findings 1 - 14 and Conclusions A - F, as set forth in Exhibit "A", which is attached to and becomes a part of these minutes. Councilman Schueler seconded the motion. Discussion followed, and Councilman Hulett stated that staff should be directed to look at the intersection near the Church and if work needs to be done, the City should be responsible for the improvements, as the Church has already fulfilled its obligations under the original CUP. Deputy Mayor Ostrowski concurred. A vote was taken on the motion, which carried unanimously. Break Deputy Mayor Ostrowski recessed the meeting for a break at 9:15 p.m. The meeting reconvened at 9:30 p.m. Revision to Subdivision 2. Revision to Subdivision Regulations in Compliance with ComprehenSive Plan Regulations Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and opened the public hearing at 9:32 p.m. Councilman Hulett moved to continue the public hearing to June 6, 1995. Councilman Doyle seconded the motion, which carried unanimously. CITY COUNCIL Councilmember McKeown attended a UAC meeting and a Clallam County COMMITTEE Comprehensive Plan review meeting, where Planner Sawyer did an excellent job in REPORTS: voicing the City's concerns. Clallam County has been requested to give the City more time to submit additional concerns regarding the Comprehensive Plan in writing. Councilmember McKeown also attended a meeting with Parks & Recreation Director Brodhun and Soroptimist Jet Set regarding the submission of an application for a grant for work on the Waterfront Trail. Councilman Hulett attended a Chamber of Commerce Board meeting and stated that donations are needed for the Fourth of July fireworks show. Councilman Schueler had no report. Councilman Doyle attended the Port Angels Regional Comprehensive Plan meeting, along with Councilmember McKeown and Planner Sawyer. This item appears later on the agenda and will be addressed at that time. He also attended an Olympic Air Pollution Control Authority meeting where he learned that the City will receive $6120 from the Simpson fine, due to an application submitted by Fire Chief Becket. He also attended a Capital Facilities Plan meeting where Joan Egan, the City's -3- 3046 May 16, 1995 CITY COUNCIL Financial Planner, discussed the bonded indebtedness of the City and Moody's bond COMMITTEE rating. REPORTS: (Cont'd) Deputy Mayor:Ostrowski had no report. LEGISLATION: A Ordinances Not Requiring a Public Hearing Street Vacation - Anderson 1. Vacation of a Portion of Fourth Street Adjacent to Lot 6 of Pinebrook H Ordinance No. 2866 Subdivision (Anderson/Sawby) Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and read the Ordinance by title, entitled ORDINANCE NO. 2866 AN ORDINANCE of the City. of Port Angeles vacating a portion of Fourth Street adjacent to Lot No. 6 of Pinebrook II Subdivision. Attorney Knutson pointed out that the compensation for this vacation is $1814.22. Councilman Doyle moved to adopt the Ordinance as read by rifle, citing .Findings 1 - 5 and Conclusions A - C, as set forth in Exhibit "B", which is attached to and becomes a part of these minutes. Councilman Hulett seconded the motion, which carried unanimously. Shoreline Master Program 2. Shoreline Master Program Ordinance Deputy Mayor Ostrowski reviewed the information provided by the Planning Department and asked Planning Director Collins to elaborate on why this item should be continued. Director Collins explained that there was a map missing that the City Attorney would like to have available to the Council before adoption of the Ordinance. Attorney Knutson added that the Council had previously indicated its preference for giving the Shoreline Advisory Committee an opportunity to review the final changes. The Committee is going to meet on May 18. By general consensus, a special meeting was scheduled for Tuesday, May 23, 1995, at 6:00 p.m. to discuss this issue. Labor Agreement - 3. Salary Ordinance for Sworn Officers and Approval of Labor Agreements Teamsters #589 Ordinance No. 2867 Deputy Mayor Ostrowski reviewed the information provided by the Human Resources Manager. Bob Coons, Human Resources Manager, stated the labor contracts covered the sworn officers, who were without a contract for all of 1994 and 1995. An agreement was reached without going into the arbitration process, which had been scheduled to begin this week. Mr. Coons then reviewed the terms of the agreement and the Memorandum of Understanding. Deputy Mayor Ostrowski read the Ordinance by title, entitled ORDINANCE NO. 2867 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the union employees represented by Teamsters Local #589 for the period of January 1, 1995 through December 31, 1995, and providing for the payments thereof. Councilman Hulett moved to adopt the Ordinance as read by title. Councilmember McKeown seconded the morion, which carried unanimonsly. Councilman Doyle moved to approve the agreement between the City of Port Angeles and Teamsters //589 Sworn Officers Unit for the contract period January 1, 1994 through December 31, 1994 and aUthorize the Mayor to sign the 1994 labor contract and the 1995 through 1997 labor contract between the City and Teamsters Local//589, and authorize the Mayor to sign the Memorandum of Understanding concerning the deferred compensarion issue. Councilman Hulett seconded the morion, which carried unanimonsly. -4- 3047 CITY COUNCIL MEETING May 16, 1995 LEGISLATION: 4. Horse-Drawn Taxi Ordinance (Cont'd) Deputy Mayor Ostrowski reviewed the information provided by the offices of the Horse Drawn Taxis Chief of Police, City Attorney and City Clerk and read the Ordinance by title, Ordinance No. 2868 entitled ORDINANCE NO. 2868 AN ORDINANCE of the City of Port Angeles, regulating the licensure and operation of horse taxis and adding Chapter 5.37 to the Port Angeles Municipal Code. Councilmember McKeown moved to adopt the Ordinance as read by title. Councilman Doyle seconded the motion. After limited discussion, a vote was taken on the motion, which carried unanimously. Expanding Membership of B. Resolutions Not Requiring Public Hearings Cable TV Government and Education Advisory 1. Change of Membership of Cable Government and Education TV Advisory Committee Committee Resolution No. 8-95 Deputy Mayor Ostrowski reviewed the information provided by the City Clerk and read the Resolution by title, entitled RESOLUTION NO. 8-95 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending Resolution No. 16-92 by increasing the membership of the Cable TV Government and Education Channel Advisory Committee. Councilman Schueler moved to pass the Resolution as read by rifle. Councilman Doyle seconded the motion, which carried unanimously. Meeting Extended Councilman Hulett moved to continue the meeting past 10:00 p.m. Past 10:00 p.m. Councilmember McKeown seconded the motion, which carried unanimously. Planning Commission C. Planning Commission Minutes/Action Items Minutes/Action Items 1. Planning Commission Minutes of April 26, 1995 Councilman Hulett moved to accept the Planning Commission minutes of April 26, 1995. Councilman Doyle seconded the motion, which carried unanimously. County's Comprehensive D. Other Considerations Plan I. Comments on County's Comprehensive Plan Deputy Mayor Ostrowski reviewed the information provided by the Planning Department. Planner Sawyer, along with Councilmembers Doyle and McKeown, attended the Board of Commissioner's public meeting on the Comprehensive Plan for the Port Angeles region. Mr. Sawyer distributed to the Council copies of comments he had provided to the County Commissioner's at that hearing. The comments included statements made by the Planning Department, letters from Mayor Sargent, Director of Public Works Pittis regarding the water shed plan, and Attorney Knutson regarding the dispute resolution process. The City representatives requested the County Commissioner's grant an extension of the deadline for written comments in order to give the Council an opportunity for further discussion tonight. Using the overhead projector, Mr. Sawyer demonstrated the urban growth boundaries as set by the County. Councilman Doyle reminded the Council that the appeal process for the urban growth boundary lines will be gone once the Comprehensive Plan is adopted. Council should decide tonight whether it would like to see the eastern boundary set east or west of Morse Creek. 3048 May 16, 1995 LEGISLATION: Councilmember McKeown felt the boundary should be set west of Morse Creek, as (Cont'd) the cost of infrastructure would bo cost prohibitive otherwise. Councilman Doyle concurred. Councilmember McKeown also stated that the County Planning County's Comprehensive Commission had voted to have the boundary west of Morse Creek; however, it was Plan (Cont'd) a split vote, and the County Commissioners sent the item back to the Planning Commission for a second vote. The County Planning Commission had received testimony which showed the citizens wanted the boundary set west of Morse Creek. Councilmember McKeown stated the Council needed to take a stand on this issue. Councilman Doyle stated that, while he previously hoped to see the boundary set east of Morse Creek, he could now support the west side because of the services issue. Planning Director Collins explained the review process for the Comprehensive Plan and stated there is a policy in the County's Plan that states it will not be amended for ten years. Councilman Schueler felt it was possible to service the area east of Morse Creek; he expressed interest in seeing the City become more aggressive regarding annexations on the east side. Councilman Hulett felt sure that areas along Morse Creek will be requesting annexation in the future, as septic tanks will be outlawed due to the closeness of the creek bed. It would be convenient to have the UGA in place at that time for annexation purposes. Councilmember McKeown restated that the City could not meet the expectations of the people if the boundary was east of Morse Creek. Mr. Sawyer then quoted from the County policy regarding the UGA, and further discussion followed regarding amending the policy and/or the boundary lines. Attorney Knutson stated the Council should make a decision tonight regarding the boundary lines. The City can go on record as opposing the County's decision, but not appeal it. However, if the City goes on record as supporting the decision, its position would be weakened should it later be decided to appeal. Further discussion followed, and Attorney Knutson suggested that if the Council decides to support the County's position regarding the boundary lines, it could do so with the provision that the position is based on the County and the City adopting an annexation plan. Councilman Schueler felt adoption of an annexation plan was an excellent idea and after further clarification from the City Attorney, Councilman Schueler moved to support the eastern UGA designation, provided that in order to support an eastern UGA designation with the necessary urban services, the City and County shall adopt an annexation plan within one year. Councilman Hulett seconded the motion. Discussion followed, and Councilmember McKeown stated she would not support a motion for the eastern boundary, but agreed an annexation policy was necessary. Councilman Doyle asked for clarification of the wording of the motion and Councilmember McKeown asked why the County had to be involved in the City's annexation policy, which was explained by Director Collins and Planner Sawyer. Attorney Knutson explained the appeal process, and Councilman Doyle stated that if the City becomes obligated to provide urban services for the Deer Park area, there will be financial difficulties. The City should attempt to reserve itself to not provide services beyond its capabilities. Director Collins explained that one requirement of the UGA is that it must show the City can financially service the UGA. By acquiescing to that, the City is agreeing to meet the financial obligations to service all of the UGA. On call for the question, a vote was taken on the motion, which carried by a majority vote, with Deputy Mayor Ostrowsid and Councilmen Schueler and Hulett voting in favor of the motion and Councilmembers McKeown and Doyle voting in opposition. Planner Sawyer indicated staff would draft a response to the County informing them of this decision. Discussion followed, and Attorney Knutson clarified the intent of the motion, which was that the language regarding annexation be incorporated into the Port Angeles Regional Comprehensive Plan, Policy 1 on the bottom of Page 102. -6- '~049 CITY COUNCIL MEETING May 16, 1995 LEGISLATION: 2. Extension of Earnest Money Agreement with Serenity House (Cont'd) Deputy Mayor Ostrowski requested that Ken Ridout, Property Manager, explain the Serenity House issue to the Council. Mr. Ridout reviewed the information contained in the memo from the Real Estate Committee and stated that the Committee felt the engineering costs should be negotiated by the Property Manager up to $5,000.00. The information provided by the engineer hired by Serenity House provided information of little value. Councilman Doyle moved to approve the earnest money extension as in Attachment No. 1, with the closing date to be no later than July 18, 1995, and that the Property Manager be directed to negotiate the costs of the engineering up to $5,000 and present a negotiated agreement to the Real Estate Committee. Counciimember McKeown seconded the motion, which carried unanimously. A Real Estate Committee meeting was set for Monday, June 5, 1995, at 4:00 p.m. Changing Date of Council 3. Consideration of Changing Council Meeting Date Due to 4th of July Being Meeting Due to Holiday the First Tuesday Deputy Mayor Ostrowski reviewed the information provided by the City Clerk. Councilman Doyle moved that the first Council meeting of July be held Wednesday, July 5, 1995, at 7:00 p.m. Counciimember McKeown seconded the motion, which carried unanimously. COPS Fast Grant 4. COPS Fast Grant Police Chief Ilk explained that the grant is part of the Federal Crime Bill. Sixty-six hundred departments across the nation applied for the grant, and the City of Port Angeles was awarded one officer. The grant is worth $75,000 over a three year period. Council authorization is needed to sign the agreement. Counciimember McKeown moved to authorize Police Chief Ilk to sign the final acceptance award of the grant application. Councilman Hulett seconded the motion, which carried unanimously. Substation Switchgear 5. Purchase Substation Switchgear Light Director Titus explained that no action was required. The bids were opened today, and the City must proceed with the award of the bid in order to receive shipment at the same time as the other equipment ordered for the substation. A brief discussion followed with Director Titus responding to questions directed by Council. No action was taken. ADJOURNMENT: The meeting was adjourned at 11:12 p.m. -7- 3050 .' Exhibit APPEAL OF CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BIBLE CHURCH Conditions, Findings & Conclusions: Conditions: 1. All concerns identified in the Public Works Department memorandums dated December 20, 1994, and March 3, 1995, shall be addressed to the satisfaction of the Public Works Department and a new certificate of occupancy shall be issued to reflect the approved school use. 2. Use of the parking lot for a play area shall be reduced by moving the north line sufficient to provide 125 parking spaces in the parking area. 3. The play area shall be separated from the rest of the parking lot by a means sufficient to deter vehicle movement into the play area while the area is in use. 4. The proposed school shall meet all Federal, State and local regulations for private schools. 5. Student capacity at this location shall be a maximum of 150 students. 6. A buffer plan shall be submitted to and approved by the Planning Department which provides a buffer area that adequately reduces the negative impacts of the play area on the adjoining neighbors. 7. The conditional use permit will remain valid for a two-year period at which time it will be reviewed and extended by the Planning Commission if compliance with the conditions of approval have been maintained throughout the two year time period. Findings: 1. The request is to allow operation of a private school use utilizing the existing church facilities at 116 Ahlvers Road as proposed in Attachment A. -1- 3051 2. The subject property is zoned RS-9. Land uses adjacent to the subject site are as follows: To the north: single family residences; To the south: primarily vacant acreage; To the east: single family residences; and To the west: primarily vacant acreage. 3. The Comprehensive Plan identifies the site as Low Density Residential. Comprehensive Plan policies which have been identified as being most relevant to the proposal are contained in the staff report. 4. The proposed use will consist of ten classrooms, an auditorium, a lunch room, an office and restrooms. 5. Section 14.40.050 M of the Port Angeles Municipal Code states "elementary schools shall provide 1 parking space for each classroom, junior high schools shall provide 3 parking spaces for each classroom, and senior high schools shall provide 6 parking spaces for each classroom." 6. The proposed school will serve grades K - 12 and there is no break down of grade per classroom at this time. 7. A Determination of Non-Significance was issued for the project on February 24, 1995. 8. A Conditional Use Permit was issued for the existing church facility and operations on January 5, 1988 (CUP 87(12)27). 9. The application and hearing process was advertised in accordance with the legal requirements of the City of Port Angeles and the State of Washington. 10. A traffic analysis report was prepared for this application and is attached to the staff report as Attachment G. 11. On March 22, 1995, the Port Angeles Planning Commission approved CUP 95 (01)01 subject to conditions of approval listed in the Planning Commission's minutes for March 22, 1995. 12. Section 17.96.070(C) of the Port Angeles Municipal Code states: "1. Any person aggrieved by the decision of the Planning Commission or Planning Director may appeal the decision to the City Council. 2. Appeals shall be submitted to the Planning Department, in writing, within fifteen (15) days following the date of the decision." -2- 3052 13. On April 5, 1995, the applicant filed an appeal of the Planning Commission's decision with the Planning Department. 14. An appeal hearing was appropriately scheduled, advertised and held on May 16, 1995 by the City Council. Conclusions: A. As conditioned, the increases to midweek Average Daily Traffic generated by this proposal are minor. B. As conditioned, there will be no significant reduction in travel speed/time due to this proposal. C. As conditioned, the use does not significantly impact the level of service on adjacent streets. D. As conditioned, the proposed use is compatible with the surrounding low density residential uses and the intent of the RS-9 zone. E. As conditioned, the Conditional Usc Permit is in the public use and interest and is not detrimental to the public welfare. F. As conditioned the proposal is consistent with the Comprehensive Plan. ~Adol/ted by..the_Port ~ngeles City Council at its meeting of May 16, 1995. "vrosper Ostrowski, Deputy Mayor ~"~TrEsT:~3ec~ J. tYpt n, City lerk -3- 3O53 Exhibit MB' STREET VACATION PETITION - STV 95(04)03 - Anderson/Sawby Findings & Conclusions: Findings: 1. The request is to vacate only the radius portion of the Fourth Street fight-of-way abutting 904 Benjamin Street (Lot 6 of the Pinebrook II Subdivision). 2. The subject right-of-way and adjacent properties are designated Low Density Residential by the City's Comprehensive Plan and is zoned RS-9. 3. The Public Works Department's comments and recommendations were included in the staff report. 4. The Fire Department's comments and recommendations were included in the staff report. 5. The necessary 30 feet of the Fourth Street fight-of-way will be retained. Conclusions: A. The proposed vacation is consistent with the Comprehensive Plan's Land Use Policy B.3. and Transportation Policy B. 18. B. The vacation of the subject fight-of-way does serve a public purpose, in that it eliminates unneeded public fight-of-way. C. Circulation to the area including the property to the west can be provided via Fourth Street. ~lQpt~~-~'~ge'~ City Council at its meeting of May 16, 1995. ""~r Os~rows~ Mayor --- ATTEST: ~.,ck~J. UptOn, City Clerk