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HomeMy WebLinkAboutMinutes 09/05/2000 4271 CITY COUNCIL MEETING Port Angeles, Washington September 5, 2000 CALL TO ORDER - Mayor Doyle called the regular meeting of the Port Angeles City Council to order at REGULAR MEETING: 6:00 p.m. ROLL CALL: Members Present: Mayor Doyle, Councilmembers Campbell, Erickson, Hulett, McKeown, Wiggins, and Williams. Members Absent: None. StaffPresenr' Manager Quinn, Attorney Knutson, Clerk Upton, B. Collins, G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, T. Gallagher, D. Dickson, G. Kenworthy, M. Hall, E. Kovatch, L. Washke, M. Silva, S. Coyle, J. Viada, G. Roggenbuck, D. Dombrowski, L. Zenonian-Waud, B. Knight, K. Miller, T. Kuch, V. Morgan, and B. Morrison. Public Present: G. Gleason, G. & B. Middleton, K. Allen, H. Wilmot, P. Clark, L. Lee, F. DeFrang, M. Viada, A. Harmson, K. Miller, G. McFall, M. Butler, L. Davis, M. Grall, M. Martin, N. Turner, J. Hawe, D. Kelley, B. Cannon, D. Riedel, and J. Martin. ' PLEDGE OF The Pledge of Allegiance to the Flag was led by Mayor Doyle. ALLEGIANCE: CEREMONIAL Proclamation and Awarding of Medals to Corporal Steve Coyle and Officers E. Duane MATTERS/ Benedict and Glen Roggenbuck: Mayor Doyle presented proclamations and Medals of PROCLAMATIONS: Valor to Corporal Steve Coyle and Officers E. Duane Benedict and Glen Roggenbuck for their bravery and sacrifice on August 5, 2000, in conjunction with the death in the Proclamation and line of duty of Clallam County Deputy Sheriff Wally Davis. The officers introduced Awarding of Medals to their family members present for the ceremony. Police Officers WORK SESSION: None. LATE ITEMS TO BE Gary Gleason, representing the Non-Motorized Advisory Committee, shared with the PLACED ON THIS OR Council certain matters the committee felt to be pertinent to the budget process. The FUTURE AGENDA: Non-Motorized Committee has identified a need for curb cuts along major arterials, such as 8th, Peabody, Race, Lincoln, and Front Stxeets. Mr. Gleason indicated there are many gaps which can be problematic for individuals traveling in motorized wheel chairs, as was the case in an instance brought to his attention earlier in the day. There is also a need for bike lanes, fog lines, and signs on bicycle routes designated in the City, and Mr. Gleason asked that this be given a high priority in the budget. Further, Mr. Gleason advised the COUncil of the need for bike racks at ball fields, parks and in the downtown area. He cited an example of covered bicycle and bus stop areas in Juneau, Alaska, which he indicated would be appropriate for Port Angeles. The advisory group has several concerns with safe access to the proposed Transportation/Gateway Center, especially for those using wheel chairs or other walking devices. It is felt that traffic will be compounded by the addition of buses entering the transit center, and the committee is of the opinion that the current bus transfer location on Oak Street is very appropriate. On a personal note, Mr. Gleason discussed the proposed conference center and his opinion that it will be too small. He suggested an alternate site might be more appropriate in order to accommodate a quality center of sufficient size to meet the needs ~1- CITY COUNCIL MEETING 4272 September 5, 2000 LATE ITEMS TO BE of large and small groups. Discussion followed, and Mr. Gleason was encouraged to PLACED ON THIS OR contact the Director of Clallam Transit to share the above concerns. Also, FUTURE AGENDA: Councilmember McKeown felt the Gateway Committee should also be made aware of (Cont'd) these concerns. OTHER 1. Automatic Response Agreement with Clallam County Fire District #2 CONSIDERATIONS: Mayor Doyle moved this item up on the agenda due to the attendance of the Chief of Automatic Response Fire District #2. The Mayor reviewed the information submitted by Fire Chief McKeen, Agreement - Clallam who in turn reviewed the nature of the proposed response agreement. Chief McKeen County Fire District #2 advised the Council that, in the interest of reducing fire and EMS response times to designated areas within the City, it is intended to dispatch the closest fire personnel and equipment, regardless of the jurisdictional boundaries. In addition, there are areas in the City that do not have sufficient water supply for firefighting purposes, so tanker response from Clallam County Fire District #2 would help mitigate some of the emergencies. Chief McKeen emphasized the importance of the response time and advised the Council as to the areas in which the City could provide assistance to Fire District #2. He added that all of these improvements could be accomplished within current budget levels. Discussion ensued, after which Councilmember Erickson moved to enter into an automatic response agreement with Clallam County Fire District #2 and authorize the Mayor to sign the agreement. The motion was seconded by Councilman Williams and carried unanimously. Councilman Campbell was pleased to have this agreement on the agenda, as more agreements of this nature will be needed as the City gives further consideration to annexation. FINANCE: 1. Acceptance of Bid Proposal for 2001 E-450 Super Duty Ambulance Bid Proposal for Super Mayor Doyle reviewed the information provided by the Fire Department on the bid Duty Ambulance proposals submitted for the super duty ambulance. Fire Chief McKeen reviewed the proposal comparisons, noting that the Firefighters and Equipment Services staff took field trips to scrutinize the equipment. Braun Northwest had the highest report card. Chief McKeen indicated the replacement ambulance is important, as one of the ambulances has not been at all reliable. After limited discussion, Councilman Wiggins moved to accept the bid proposal submitted by Braun Northwest, Inc., for manufacture of a new E-450 super duty ambulance for $122,610.20. The motion was seconded by Councilman Campbell and carried unanimously. Grant Applications for 2. Grant Applications for Traffic Safety Near Schools Traffic Safety Near Schools MayOr Doyle reviewed the memorandum from the Director of Public Works & Utilities, and Director Cutler advised the Council that the City has received a letter of commitment from the Port Angeles School District for $20,000 to be used as part of the match for this project, which includes two areas on the approved school walk route plan. There is also a potential of more School District funding in order to reach a 50/50 match on the $75,000 total. Councilman Williams inquired as to the status of sidewalks on the northwest comer of Liberty Street and Lauridsen Boulevard. City Engineer Kenworthy explained that Peninsula College is installing sidewalk on the south side of Lauridsen from Liberty Street east. The City's sidewalk will start at the Crestwood Care Facility driveway and proceed east to Liberty. In addition, the City has installed sidewalk at the Jones Street reservoir on the north side of Lauridsen. With regard to Councilman Williams' inquiry, Mayor Doyle asked if it is desirable to install sidewalk on both sides of the street. Engineer Kenworthy indicated it is desirable for major arterials. Councilman Hulett referenced the south side of 10a' Street at "M" Street, and Engineer Kenworthy advised the Council that every effort had been made to identify projects that would fill the biggest gap with this particular project. The area identified by Councilman Hulett might be a better candidate for a walking path, as much of the area is presently a wetland. In response to a question from Mayor Doyle, Engineer Kenworthy indicated construction could start next summer. Councilmember McKeown moved to authorize the submittal of two Traffic Safety Near Schools grant applications in the amount of $150,000 each for the construction of curb, gutter and sidewalk along "I' and Lauridsen Boulevard and further, if the grants are approved, authorize the Public Works & Utilities Director -2- CITY COUNCIL MEETING t42 7 3 September 5, 2000 Grant Applications for to execute the Traffic Safety Near Schools agreement provided that the grant Traffic Safety Near Schools amounts do not exceed $150,000 each. The motion was seconded by Councilman (Cont'd) Hulett and carried unanimously. Award Bid for 8th Street 3. Award Bid for 8th Street Reconstruction Reconstmction Mayor Doyle reviewed the information provided by the Public Works & Utilities Department. Director Cutler informed the Council that Lakeside Industries is ready to begin the project. It is planned to have a series of meetings to keep the pubhc informed on the work that will be accomplished. Discussion followed as to why only one bid was received for this particular project, and Director Cutler indicated there is only one contractor with the capacity for such a project. After further discussion, Councilman I-Iulett moved to award the 8m Street Restoration Project to Lakeside Industries of Port Angeles in the bid amount of $1,684,518.60 and authorize the Mayor to sign the contract. The motion was seconded by Councilman Wiggins and carried ' unanimously. Award Bid for Equipment 4. Award Bid for Equipment Purchase - Lawnmowers Purchase - Lawnmowers Mayor Doyle reviewed the information submitted by the Department of Public Works & Utilities on the matter of awarding a bid for the purchase of two heavy duty lawnmowers. Director Cutler indicated the evaluation process involved thc staff from Parks & Recreation. Councilmember McKeown moved to authorize the Public Works & Utilities Department to purchase two lawnmowers from Jennings Equipment, Inc., for a total of $23,960.48, including tax and trade in. The motion was seconded by Councilman Campbell and carried unanimously. Contract to Move 5. Contract to Move Structures for Airport Road Realignment Structures for Airport Road Realignment Mayor Doyle summarized the information provided in the memorandum from the Department of Public Works & Utilities. City Engineer Kenworthy reviewed for the Council the history of this portion of the Airport Road realignment project, nohng that a previously approved contract was not executed by virtue of not meeting procedural requirements for a "public work" project. The problem was corrected, and Alt-Tech Construction of Port Angeles was the only respondent for moving the house in question. Members of the Council expressed amazement at the costs associated with moving the house. Engineer Kenworthy acknowledged the costs were high; however, the City is responsible for paying all costs connected with setting up the house in its new location. Discussion ensued, after which Councilman Campbell moved to accept the recommendation to award the contract to move structures at 1424 Airport Road, to the lowest responsive proposer, Alt-Tech Construction of Port Angeles, in the amount of $64,075.07, including sales tax, and authorize the Mayor to sign the contract. The motion was seconded by Councilmember McKeown and carried unanimously. CONSENT AGENDA: Councilman Hulett moved to accept the Consent Agenda, to include the City Council minutes of the August 15, 2000, regular meeting. The motion was seconded by Councilmember Erickson and carried unanimously. CITY COUNCIL Councilmembers Hulett and Erickson had no committee reports to offer. COMMITTEE REPORTS: Councilmember McKeown reported that, as the Human Services representative, the~ United Way Allocation Committee had committed $150,000 of Haller grant funds for school children. Councilmember McKeown, along with Councilmembers Williams and Wiggins, had attended a Gateway Committee meeting. She indicated there are a great many issues being introduced, such as those brought forward by Mr. Gleason this evening. Further, there are members of the committee expressing apprehension about the chosen location, and Councilmember McKeown felt it would be timely for the City Council to offer direction for this project. She suggested a work session might be appropriate, to which Councilman Wiggins agreed. He noted that there were objections raised; however, they opted to move forward with the project to the £mal design stage. Councilman Wiggins expressed the opinion that there were no fatal flaws and not enough reasons to make major change. The arguments raised could be addressed in the final design stage, which will involve public hearings. If there are no fatal flaws for the project, efforts can -3- 4274 CITY COUNCIL MEETING September 5, 2000 CITY COUNCIL proceed and the concerns addressed during that process. COMMITTEE REPORTS: (Cont'd) Manager Quinn advised the Council that he had offered to meet with the Downtown Association regarding their concerns, as well as the design consultant to determine the status of the project and to address areas of public relations in order to disseminate information to the public. He felt the issues could be resolved and the fears mitigated. These meetings should take place in the next couple of weeks. The Council agreed on a preferred meeting date of Thursday, September 21, at 5:30 p.m. Councilmember McKeown addressed the subject of the Carnegie Library and a meeting held with representatives of the School District, the County, the Historical Society, the City, and Genelle Doyle as an interested citizen. The discussion centered around restoration of the Camegie Library and possible land trades associated with the project, which she summarized for the Council. It was agreed that this subject is also deserving of further consideration in the form ora work session, so the Council agreed to add this matter to the work session tentatively scheduled for September 21. Manager Quinn indicated the City and the Historical Society had submitted separate grant requests; the City's application was not ranked. Councilman Campbell reported on his attendance at a meeting where consideration was given to the combination of a business incubator and skills consortium. Facilities could be shared for training purposes, which Councilman Campbell felt to be a sensible approach. He reviewed needed finances, and the fact that an application will be developed for State funding. In addition, funding sources from entities throughout the County must be considered. Manager Quinn added that the concept has generated a great deal of interest. Councilman Wiggins informed the Council that a short list of applicants has been compiled for the position of EDC Director. The Lodging Tax Advisory comrmttee has forwarded a recommendation as to the allocation for this coming year. Councilman Williams reported on an audit exit meeting held at Clallam Transit. Mayor Doyle attended the County Fair, as well as the School Board meeting where an announcement was made regarding the grant from the Gates Foundation. He also welcomed the new teachers to the Port Angeles area. Mayor Doyle had participated in meetings of the AWC Resolutions Committee, during which time the cornmattee agreed to submit Resolution #30 on the matter of increasing street vacation compensation to cities from 50 per cent to 100 per cent. Councilman Campbell added that he had attended a meeting of the County Board of Commissioners at which time the City was invited to offer input to the County as to any issues needing to be addressed through the Association of Washington Counties. ORDINANCES NOT Ordinances Not Requiring Public Hearings: REQUIRING PUBLIC HEARINGS: Amendment to Term Limit Ordinance Amendment to Term Limit Mayor Doyle reviewed the memorandum submitted by Attorney Knutson, who noted Ordinance the deletion of language from the original Ordinance that is no longer considered Ordinance No. 3060 applicable: "...provided that this prohibition shall not disqualify any person now serving on the city council from completing the term of office that he or she has been elected to serve as of the effective date of this ordinance". Attorney Knutson explained that the original reason for the language was that there were Councilmembers who arguably could have been affected by adopting the Ordinance, which is now not the case. Councilman Williams inquired as to whether a Councilmembtr appointed to fill an unexpired term of a vacated seat could actually serve more than the three-term limit. Attorney Knutson agreed a Councilmember, in such an instance, could serve for a period longer than the three-term limit, as the term limit would not apply to a partial term being filled. Mayor Doyle read the Ordinance in its entirety which, for purposes of these minutes, is set forth below by title only. -4- CITY COUNCIL MEETING 4 27 5 September 5, 2000 Amendment to Term Limit ORDINANCE NO. 3060 Ordinance Ordinance No. 3060 AN ORDINANCE of the City Council of the City of Port Angeles, (Cont'd) Washington, revising the limitation on the number of consecutive terms that Council members may serve from two to three and amending Ordinance 2368. Councilman Wiggins moved to adopt the Ordinance as read. The motion was seconded by Councilman Campbell. In the ensuing discussion, Councilman Hulett indicated he would be voting against the motion. He supported the opinion survey on term limits, with the intent of incorporating the results in the decision process. With the introduction of an extension of term limits, Councilman Hulett felt future surveys would not be supported by the public as credibility will have been lost by virtue of the Council's action. Councilman Wiggins felt this to be a modest amendment; it is not draconian in nature. It has been suggested that the Council's action is inappropriate; however, Councilman Wiggins indicated there has been dialogue for a period of time and it has been recognized there would be certain benefits to the City with the change in term limits. Councilman Williams noted that the suggestion was previously made at a Council meeting to put the three-term limit on the opinion survey. The Council determined at that time that the survey might be too confusing by adding a third option. His position has always been to oppose term limits, as terms can be limited at the ballot box. Councilman Campbell pointed out that; in terms of the straw vote, there were 78 per cent of the people who had the opportunity to express their views on the matter, and they did not feel it to be a serious enough issue to warrant responding. He felt they are entitled to some consideration as well. A vote was taken on the motion, which carried by a majority vote, with Mayor Doyle and Councilmembers Campbell, Williams, and Wiggins voting in support of the motion and Councilmembers Hulett, McKeown, and Erickson voting in opposition. RESOLUTIONS: Resolutions: None. OTHER Other Considerations (Cont'd) CONSIDERATIONS: . (Cont'd) 2. Highland Courte LLC CUP 00-03 Findings & Conclusions Highland Courte LLC Mayor Doyle again stepped down from consideration of this issue, as he had a relative CUP 00-03 - Findings & who has been party to the appeal. Councilman Wiggins stepped down as well, as he Conclusions was not present to hear the original appeal. Mayor Doyle and Councilman Wiggins departed from the Council Chambers, and Deputy Mayor McKeown proceeded to chair the meeting. Deputy Mayor McKeown noted many concerned citizens were irritated when the City Council came out of Executive Session at its previous meeting and voted on the Highland Courte matter without any explanation. She felt it important to inform the citizens that the Council did not feel it could provide the reasons until thc Findings & Conclusions were prepared for Council action. Further, she expressed the hope that everyone knew this was not an easy decision -- sometimes the law is not what one might want it to be. An attorney from Seattle who specializes in zoning issues had been engaged to advise the City Council to be certain the Council was voting according to the law. Deputy Mayor McKeown noted that zoning laws are so specialized, and the Council was committed to making the most legally correct decision as possible, regardless of how they might personally feel on the issue at hand. Deputy Mayor McKeown indicated that the Findings & Conclusions were based on thc Council's deliberations with the assistance of the City Attorney, who had no stake in how they might vote, other than the fact he wanted the Council to vote according to the law. That, Deputy Mayor McKeown indicated, was why thc Council voted as it did. She was certain that, after spending many hours on the matter, the Council made the best decision possible. She then reviewed the staff summary and recommendation for consideration this evening. Councilmember Erickson moved to confirm the decision to deny both the Highland Courte LLC appeal and The Families and Independent Residents of the Highland Neighborhood appeal, approving CUP 00-03 based on the record established by the City Council at its August 1 and August 15, 2000, -5- 4276 CITY COUNCIL MEETING September 5, 2000 Highland Courte LLC meetings, citing Findings 1 - 27 and Conclusions 1 - 19, as set forth in Exhibit "A" CUP 00-03 - Findings & which is attached to and becomes a part of these minutes. The motion was Conclusions (Cont'd) seconded by Councilman Campbell and carried unanimously. At this time, Mayor Doyle and Councilman Wiggins returned to the Council Chambers. City Goals & Objectives - 3. City Goals and Objectives - 2001 2001 Manager Quinn presented the Goals and Objectives for 2001, which have been written as policy statements and which have incorporated the Council's recommendations on changes and priorities. He noted that the projects and programs may be adjusted somewhat during the budget process, so approval would include the necessary flexibility for the budgetary considerations. Councilman Hulett noted the increase in seagulls in Port Angeles, which led to discussion on the wildlife controls in place at the landfill. Director Cutler indicated he would be meeting with the representative of Fish & Wildlife in the near future, and he offered to inquire as to what might be recommended in terms of seagull control. After further limited discussion, Councilman Campbell moved to adopt the Goals & Objectives for 2001, and the programs and projects as presented. The motion was seconded by Councilman Williams and carried unanimously. INFORMATION: City Manager's Report: Brief discussion was held pertinent to the departmental report submitted by the Police Department. Break Mayor Doyle recessed the meeting for a break at 7:50 p.m. The meeting reconvened at 8:00 p.m. ADJOURN TO The meeting adjourned to Executive Session at 8:00 p.m. to discuss litigation for EXECUTIVE SESSION: approximately 30 minutes. RETURN TO OPEN The meeting returned to Open Session at approximately 8:50 p.m. SESSION: ADJOURNMENT: 1~ l'1~ The meeting was adjourned at 8:50 p.m. J~~ ~..~.~~ Beck~ J.-Up~iy Cl~'rk/- - ~ . L~rry Doy~3~Mayor ~ J~ -6- Exhibit "A" /4277 FINDINGS, AND CONCLUSIONS IN DENIAL OF APPEAL OF CONDITIONAL USE PERMIT - CUP 00-03 - HIGHLAND COURTE: Findings: 1. The public record for the Planning Commission's approval of Conditional Use Permit CUP 00-03 includes CUP 00-03 excerpts of the Planning Commission minutes for April 12, May 10, May 24, and May 31 meetings, staff reports for CUP 00-03 dated from April 5 - May 31, 2000, application materials dated received March 12, 2000, and supplemental reports dated received through May 2, 2000, and public comment letters dated received from April 3 - May 24, 2000. 2. The Planning Commission's decision to approve CUP 00-03 included 15 conditions, 42 findings, and 11 conclusions and was made on May 31, 2000. 3. The applicant Tim German/Highland Courte LLC appealed the decision on June 7, 2000. 4. The neighborhood group The Families and Independent Residents of the Highland Neighborhood appealed the Planning Commission's decision on June 14, 2000. 5. The staff report dated August 1, 2000, responded to both appeals and seven appeal issues. 6. Per the Washington State Regulatory Reform Act, the Port Angeles Municipal Code provides for appeal of actions taken by the Planning Commission following an open record public heating, to be reviewed by the City Council at a closed record hearing. 7. Appeals of this type must be considered within sixty days of the earlier appeal filing date of June 7, 2000, unless the parties agree to an extension. 8. Port Angeles Municipal Code (PAMC) Section 17.08.020(E) provides the definition of a Conditional Use Permit as, "a limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by the Zoning regulations in such degree as to assure that particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to public interest." 9. PAMC Section 17.96.050 states the purpose of a CUP is to "assure that the maximum degree of compatibility between uses shall be attained" and that a CUP may denied if the proposal would "defeat the purpose of the Zoning Regulations by introducing incompatible, detrimental or hazardous conditions." 4278 Highland Courte CUP Appeal September 5, 2000 Page 2 10. Condition No. 10 is designed to mitigate the uncontroverted evidence in the record regarding present parking problems on Melody Circle, particularly on the weekends when patients may have visitors coming to the treatment center, by reducing the potential number of vehicles at the facility to a number that does not exceed the 26 parking spaces provided. 11. Port Angeles Municipal Code (PAMC) Section 17.96.050 references the federal Fair Housing Act and authorizes the Planning Commission "to make accommodations in consideration of Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing Act, when the Commission determines that such accommodations reasonably may be necessary in order to comply with such act." 12. In the Highland Courte application, it states, "All patients will be screened by admission staff to ensure the health, safety and welfare of patients and the community." 13. In a report by the applicant's consultant received on May 2, 2000, and entitled "Additional Information Submitted to Support the Conditional Use Permit for Highland Courte," the following statements are made: a) In response to comments by the Port Angeles Police Department, the report offers, "Research has shown that persons convicted of violent or sexual crimes do not respond to the type of treatment offered at Highland Courte and will not be admitted. Also specifically excluded from admission will be those persons ordered to any type of 'locked down' treatment." b) The report also states the criteria for admission to Highland Courte will include, "Applicants with a history of conviction for violent or sex-related felonies will not be admitted." c) In the report, the applicant expresses concerns that requiring a Criminal Background Check would not be conducive to a recovery atmosphere and Highland Courte does not have the legal right to compel a Criminal Background Check from every patient. d) Finally, the report states, "Highland Courte staff will arrange for transportation prior to any patient departure, either by calling a responsible family member or arranging transportation to the home, the airport or other destination outside the neighborhood." 14. The Planning Commission stated its understanding of the applicant's acceptance of conditions in general and limitation of acceptance with regard to Conditions Nos. 5 and 10 in its Findings 40-42. 4279 Highland Courte CUP Appeal September 5, 2000 Page 3 15. Additional support for Condition No. 10 is the uncontroverted evidence in the record regarding present parking problems on Melody Circle, particularly on the weekends when patients may have visitors coming to the treatment center. Condition No. 10 is designed to mitigate these problems by reducing the potential number of vehicles at the facility. 16. The Planning Commission determined that the 15 conditions were reasonable and necessary accommodations not only for disabled persons but also for surrounding properties and uses 17. The Planning Commission specifically acknowledged that the private chemical dependency treatment center Highland Courte served persons who are a protected class of citizens under the Americans with Disabilities Act and who have rights for social services which are necessary for their particular needs. 18. The Planning Commission also found that the proposed project is eligible for a CUP in the Residential High Density (RHD) Zone as a "social service agency providing 24-hour residential care." 19. Except to maintain the common usable open space approved under the 1993 Highland Estates Final PRD, the Highland Commons I and II and the Highland Courte developments did not include any PRD final approval or requirements. Highland Commons and Highland Courte were subject only to the RHD zoning and subdivision processes and requirements. None of the four conditional use permit approvals with the Highland Courte chemical dependency treatment center being the latest were subject to the PRD processes and requirements. 20. The City reviewed and gave final approval to the Highland Estates PRD (phases I and II of the Highland Communities preliminary PRD). 21. Private covenants are not enforced by the City, except to review their appropriateness at the time of PRD approval. 22. The Planning Commission deliberated at great length over several meetings and with much concern for the neighborhood's interests in making the conditions as enforceable as possible. 23. The applicant and the City made suggestions on how to make the conditions legal, enforceable, and effective. 4280 Highland Courte CUP Appeal September 5, 2000 Page 4 24. With regard specifically to public safety and diminution of value, the public record has no evidence substantiating fears of lost of safety or property value that were not conditioned. For example, public testimony regarding fear of trespass and crimes by patients leaving the treatment center were not supported by police records, which identified juvenile runaways as the only police calls outside similar facilities. The Planning Commission conditioned the Highland Courte approval on the patients being adults and on not admitting youths for treatment. 25. The City does not have any zones which are "purely residential or purely commercial." To the contrary, the Land Use Element Goal C and Policy C1 in the Comprehensive Plan, which are cited in the Planning Commission's Findings 26 and 27 and Conclusion F, state that residential land should be developed on the district and neighborhood concept and that a neighborhood should be primarily composed of low, medium, or high density housing (emphasis added). Residential uses are permitted uses in all commercial zones. 26. The Highland Communities PRD Phases 3-5 were abandoned by the developers with the Preliminary PRD approval expiring sometime in 1993 or 1994. 27. Except for Highland Commons ! and II and Highland Estates PRD, the remaining RHD, RS-7, and RS-9 zoned properties in the vicinity including the Highland Courte property have no Comprehensive Plan policies or Zoning Code regulations restricting use to seniors only. Conclusions: 1. The City Council bases its decision on the record of the Planning Commission including the Commission's 15 conditions, 42 findings, and 11 conclusions, which are hereby adopted and incorporated herein. 2. Conditions Nos. 5 and 10 resulted from these statements regarding how the proposed treatment center would operate. 3. Conditions were modified several times during the review process and added to by the Planning Commission to address concerns raised by public testimony as well as by staff for verification and enforcement of conditions. 4281 Highland Courte CUP Appeal September 5, 2000 Page 5 4. The specificity of both Conditions Nos. 5 and 10 relates directly to concems raised or expressed by the applicant's representatives such as legal rights during patient admissions and methods of patient departures. The Port Angeles Police Department provided evidence about the Washington State Patrol's Washington Access To Criminal History (WATCH), which cites the Washington State Criminal Records Privacy Act RCW 10.97.050 as allowing "dissemination of all convictions and any arrests less than one year old pending disposition." A WATCH search report of criminal history record information may be purchased easily for a $10 fee, which the Planning Commission determined to be legally enforceable and operationally workable. 5. The applicant agreed to strive to make the conditions work, while reserving the right to seek amendment to conditions which prove to be legally unenforceable or operationally unworkable. 6. The 15 conditions including Conditions Nos. 5 and 10 assure that the treatment center use shall not prove detrimental to surrounding properties, shall provide the maximum degree of compatibility between uses, and shall not defeat the purpose of the Zoning Regulations by introducing incompatible, detrimental or hazardous conditions. 7. Conditions Nos. 5 and 10 place admission and departure constraints that do not discriminate against persons with this particular need for inpatient care. To the contrary, Condition No. 10 is intended to encourage that patients receive the care for which they are a protected class of citizens. The admission constraints in Condition No. 5 likewise do not prevent persons in the protected class from receiving the particular care which they need and which the center is able to provide. 8. If the Highland Cormnunities PRD's restrictive covenants are enforceable under PAMC 17.96.020, the CUP approval does nothing to abrogate the covenants and, therefore, is not at issue in this appeal. The neighborhood group's recourse would be a lawsuit against the applicant or the original developer to enforce the restrictive covenants. 9. The chemical dependency treatment center is similar as a commercial activity to the previous nursing home and Alzheimer's care unit, and the physical facilities are practically unchanged. 10. A social service agency providing 24-hour residential care includes all three types of uses: nursing home, Alzheimer's care unit, and a chemical dependency treatment center. 4282 Highland Courte CUP Appeal September 5, 2000 Page 6 11. Compared to other types of commercial uses which are conditionally permitted in the RHD Zone such as hospitals and motels, a chemical dependency treatment center providing 24-hour care in a residential setting is neither more commercial, less consistent, nor less compatible. 12. It is not material that a nursing home or Alzheimer's care unit would serve the community better, because the Comprehensive Plan and Zoning Code do not make such value judgments. 13. There are 3,901 people in Clallam County in need of chemical dependency treatment demonstrating a connection between the proposed use and the residential community, and the condition assuring affordable local access to private treatment for residents with a City Zip Code also demonstrate this intended connection. 14. The Planning Commission's conditions are supported by statements in the record and with limited reservations accepted by the applicant, making them enforceable. The CLIP enforcement process uses complaints which may be received from the surrounding neighborhood regarding project impacts. 15. If impacts are not mitigated and conditions not adhered to, the CUP approval may be withdrawn by the City. The very definition of a conditional use permit cited in PAMC 17.08.020(C) provides "a limited permission to locate a particular use at a particular location." The CLIP permission is limited by the conditions, which are intended "to assure that the particular use shall not prove detrimental to surrounding properties." 16. The applicant has reserved the right to go back to the Planning Commission should a condition prove to be illegal or otherwise impractical, and the same avenue is available to the neighborhood group should a condition be found to be unenforceable or otherwise ineffective in mitigating impacts on the neighborhood. 17. The RHD Zone provides for other conditional uses such as hospitals and motels which have clientele who are even more transient than the proposed 28-day in-patient treatment center. The argument that a residential nursing home and an Alzheimer's care unit better serve the senior citizens who live in the surrounding neighborhood is not consistent with the proper application of the Comprehensive Plan and Zoning Code, which does not require "better" uses in lieu of other permitted or conditionally permitted uses. 4283 Highland Courte CUP Appeal September 5, 2000 Page 7 18. The Conditional Use Permit as conditioned by the Planning Commission complies with the following standards for approval of conditional use permits as set forth in the Zoning Code, PAMC 17.08.020(E) and 17.96.050: a) A conditional use permit is limited permission to locate a particular use at a particular location, and which limited permission is required to modify the controls stipulated by these Regulations in such degree as to assure that the particular use shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. b) The Planning Commission may grant said (conditional use) permits which are consistent and compatible with the purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and not contrary to the public use and interest. c) In each application the Planning Commission may impose whatever restrictions or conditions they consider essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. d) The purpose of a Conditional Use Permit shall be to assure that the maximum degree of compatibility between uses shall be attained. 19. With regard to the assertion that the Planning Commission's decision was based on fear of litigation, the City Council concludes that the Planning Commission's decision complied with the federal Americans with Disabilities Act and Fair Housing Act and with the City's Zoning Code and that the Planning Commission did its best to follow the law as it should be applied in these particular circumstances. Adopted by the Port Angeles City Council at its meeting of September 5, 2000. Mayor~ty of Port ~(~eles./ ~leck~-J: L~0n, ~ty ~l~rl~ -- --