DEPARTMENT OF PLANNING, COMMUNITY & ECONOMIC DEVELOPMENT

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1 DEPARTMENT OF PLANNING, COMMUNITY & ECONOMIC DEVELOPMENT DATE: December 11, 2015 TO: FROM: SUBJECT: City Council Kevin Cricchio, AICP Associate Planner Department of Planning, Community & Economic Development James Stevens Conditional Use Permit, CUP BRIEFING & BACKGROUND: On December 21, 2015, City Council will conduct a closed-record public hearing regarding a Conditional Use Permit to permit a doctor s office within an existing medical marijuana collective business to serve its clients. Attached hereto, is the Draft Findings of Fact, Conclusions of Law, Decision, and Exhibits. Please bring your packets to the December 21, 2015, closed-record public hearing. RECOMMENDATION: The Department of Planning, Community, and Economic Development recommends that City Council approve the subject Conditional Use Permit subject to the staff suggested conditions of approval. 1 of 1

2 CITY COUNCIL S DRAFT FINDINGS OF FACT, CONCLUSIONS OF LAW, & DECISION: Closed-Record Public Hearing Date: Open-Record Public Hearing Date: File Number: Monday, December 21, 6:00 PM Wednesday, December 09, 6:00 PM CUP Project Location: 7656 State Route 20, Anacortes, WA The subject property is located in a portion of Section 05; Township 34 North; Range 02; Willamette Meridian. Tax Parcel #: Applicant: Landowner: Project Planner: Subject Proposal: Parcel #: P19960 James Stevens 4028 Sharpe Road Anacortes, WA Richard Rennebohm G & R Investments, LLC 1582 Scenic Heights Road Oak Harbor, WA Kevin Cricchio, AICP Associate Planner City of Anacortes P.O. Box 547 Anacortes, WA The applicant has applied for a Conditional-Use Permit to permit a doctor s office within an existing medical marijuana collective business to serve its clients.

3 Existing Land Use: Current Zoning: Comprehensive Plan Designation: Medical Marijuana Collective Building Light Manufacturing 1 (LM1) Zoning District Light Manufacturing Surrounding Zoning & Land Uses: Direction Zoning: Present Land-Use: North: Light Manufacturing 1 (LM1) Commercial Parking Lot South: Light Manufacturing 1 (LM1) Marijuana production & single-family residential East: Light Manufacturing 1 (LM1) Vacant unimproved land West: Light Manufacturing 1 (LM1) Produce and Antiques Store DRAFT FINDINGS OF FACT: I. GENERAL BACKGROUND: 1.1 Currently, an existing medical marijuana collective business is located on the subject property. The applicant now proposes a remodel of the existing medical marijuana collective building to permit a doctor s office also within it to serve its clients. 1.2 The State of Washington s legislature recently passed Senate Bill 5052 (SB 5052) which eliminates medical marijuana collectives effective July 1 st, Medical marijuana collectives will have the opportunity to apply for a new license with the State of Washington to become a marijuana retail store. 1.3 As a result of this new legislation, the City of Anacortes City Attorney s Office has begun drafting a code amendment precluding medical marijuana collectives within the LM1 Zoning District. 1.4 Today, medical marijuana collective gardens are uses that are permitted outright per AMC An office use in the LM1 Zone is permitted via an approved Conditional Use Permit per AMC On September 28, 2015, the City of Anacortes Department of Planning, Community, & Economic Development received the subject Conditional-Use Permit. 1.7 The subject application was deemed complete on October 14, Pursuant to AMC Chapter 17.70, the subject development was reviewed for proximity to critical areas. II. NOTICE OF APPLICATION & PUBLIC HEARING: City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

4 2.1 Notice of the application and hearing is required to be mailed to property owners within 300-feet, posted on-site and published in the newspaper. Notice of Application & Hearing was published in the Anacortes American Newspaper on October 14, The subject property was posted with Public Notice Signage in two (2) areas on October 09, Both agencies /departments of jurisdiction and property owners within 300 feet of the project site were mailed notice of application & hearing on October 09, The notice of the application and hearing was provided consistent with these requirements pursuant to AMC (E) and A revised notice however was needed as the open-record public hearing before the Planning Commission was initially scheduled on November 11, 2015, a city recognized holiday. Accordingly, the revised notice was published in the Anacortes American Newspaper on October 28, The revise notice was also posted in two (2) areas onsite and mailed to property owners within 300 feet of the subject property on October 20, It was brought to staff s attention that there was a typographical error made to the revised notice of application and hearing. Therefore the revised notice was once again revised. The revised notice was published in the Anacortes American Newspaper on November 4, The project site was posted onsite with notice in two (2) different areas on October 29, Property owners within 300 feet of subject property were mailed notice on October 28, Applicable city departments have reviewed the application and department recommendations, if any, are incorporated into the recommended project conditions. All applicable ordinances and standards will apply when the site plan accompanies a Building Permit application. All departments will impose those standards through the Plan Review process. It is noted that additional issues will be addressed in City staff s review of the Building Permit Application that will follow on from approval, if granted, of this application. 2.3 The 14-day public comment period for the project Notice of Application & Hearing ended on Wednesday November 18, 2015, However, comment was accepted up until the open-record public hearing. Any comment received from departments/agencies of jurisdiction and/or the public are referenced in the attached exhibit list. 2.4 An open-record public hearing was conducted before the Planning Commission on December 09, 2015, at 6:00 PM. After some discussion with the applicant and staff, the Planning Commission deliberated on the matter and voted to recommend approval of the subject Conditional Use Permit to City Council (See Exhibit 8). City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

5 2.5 No appeals of the Planning Commission s recommendation of approval to City Council was received by Planning Department staff. 2.6 A closed-record public hearing to hear any appeals of the Planning Commission s recommendation and to make a decision on the application will be held by the City Council on December 21, 2015, at 6:00 PM. 2.7 At the conclusion of the closed-record public hearing, the City Council deliberated and voted to approve, approve subject to conditions, or deny the subject CUP permit application. III. STATE ENVIRONMENTAL POLICY ACT: 3.1 Pursuant to WAC & AMC Chapter 18.04, the subject proposal is exempt from SEPA environmental review. IV. PUBLIC COMMENTS RECEIVED: 4.1 At this writing, one (1) public comments has been received (See Exhibit 4). V. AGENCY & DEPARTMENT COMMENTS RECEIVED: 5.1 Agency & Department comments received to date are as follows (See Exhibit 5): Agency & Departments: 1. Public Works Department 2. Street Department 3. Water Department 4. Solid Waste Department VI COMPREHENSIVE PLAN: 6.1 The Comprehensive Plan contains general policies and goals to guide development. The following goals and policies potentially apply to this project: City of Anacortes Comprehensive Plan General City Goals 1 and 3. General City Goal 1: Create and maintain a high quality of life and environment that maximizes the opportunity for all citizens to share the social, psychological, physical, and economic benefits of Anacortes /Fidalgo Island; aesthetics and health are key components of quality of life. General City Goal 3: Promote compatible land uses and improve visual appearance in each and every zoning district. City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

6 6.1.1 The subject proposal is/ is not consistent with the goals of the City of Anacortes Comprehensive Plan listed above. VII. ZONING ORDINANCE/CODE: 7.1 The City Zoning Map establishes zone boundaries and the City Zoning Ordinance establishes (1) the permitted use of land in the various zones, and (2) development standards. 7.2 The subject property is located in the Light Manufacturing 1 (LM1) Zoning District. Pursuant to AMC , the purpose of the LM1 zone is intended primarily to accommodate industrial type uses that do not need water access or proximity to the central business district or to the Commercial Avenue corridor. 7.3 Medical marijuana collective gardens are uses that are permitted outright per AMC An office use however in the LM1 Zone is permitted via an approved Conditional Use Permit per AMC According to AMC (B)(2), a Conditional Use Permit shall be granted by the City only if the applicant demonstrates they meet certain criteria. The criteria of approval and staff analysis is as follows: The conditional use is designed in a manner which is compatible with the character and appearance of existing, or proposed, development in the vicinity of the subject property and is consistent with the purpose of the zone in which the subject property is located. Staff Analysis: The remodel of the existing medical marijuana collective business will be compatible with the character of the existing development. No expansion is proposed The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties; Staff Analysis: No changes to the neighborhood s vehicular or pedestrian circulation is proposed. The proposed remodel of the existing medical marijuana collective business to permit a doctor s office within the collective is mostly interior only with no expansion of the building proposed The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property; City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

7 Staff Analysis: Development of the site will comply with setbacks, emergency service access, landscaping, screening, storm drainage and other onsite development standards required by the city code as the proposed expansion of the business will occur within an existing business and involves no expansion thereto. Therefore, the project will be compatible with the physical characteristics of the subject property Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title or will not be detrimental to the surrounding neighborhood; Staff Analysis: No modifications to standards have been requested The conditional use is not in conflict with the health and safety of the community; Staff Analysis: The proposal meets the minimum provisions of the Zoning title of the Municipal Code which are held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare The conditional-use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood, and adequate pedestrian and vehicular connections to the arterials and adjacent areas as well as appropriate circulation within the project are provided consistent with city policies and standards for circulation patterns in the area; Staff Analysis: There is adequate room for clients of both the medical marijuana collective business and proposed doctor s office within it to park within established parking areas onsite The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities; and Staff Analysis: The current business and proposed doctor s office accessory thereto is supported by public facilities and services and will not adversely affect public services to the surrounding area The conditional use is in compliance with the Comprehensive Plan. Staff Analysis: detailed above. The proposal is consistent with the Comprehensive Plan as City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

8 7.4.9 The subject proposal is/is not consistent with the above development regulations and CUP criteria of approval. The proposed land use is permitted in the underlying zoning district. VIII. CONCLUSIONS OF LAW: 1. The City Council bases its Findings of Fact, Conclusions of Law & Decision on the entire record, including all testimony and exhibits. Any finding which would be deemed a Conclusion of Law, and any Conclusion of Law which should be deemed a finding is hereby adopted as such. 2. The proposed conditional use permit as conditioned conforms to the general purposes of the City s Comprehensive Plan, the city s planning standards and specifications of the zoning ordinance, including Section Conditional use permits (except for bed and breakfast establishments), and other ordinances applicable to the proposal. IX. STAFF RECOMMENDATION: The Department of Planning, Community, and Economic Development recommends that the subject Conditional Use Permit be approved by City Council subject to the staff suggested conditions of approval listed below. X. DECISION: Based on the foregoing information and analysis submitted by the applicant, and the City regulatory authority to implement the policies, standards, and the regulations of the Comprehensive Plan, and the Anacortes Municipal Code (AMC), the Anacortes City Council hereby approves/ approves with conditions/ or denies the subject conditional-use permit subject to the following conditions of approval: 1. The scope of this project shall not exceed that as set-out in the conditional use permit application (including attachments), and in accordance with the determinations made and conditions imposed. 2. A building permit shall be secured for the proposed tenant improvements and the change of use prior to occupancy of the building. 3. The applicant shall be responsible for reimbursement to the City of Anacortes for the cost of posting, mailing, and publication of the public hearing for the subject CUP. Payment shall be made prior to building permit approval. 4. Before a building permit will be issued, the applicant /landowner shall connect to the city sanitary sewer and abandon the existing septic tank if required by the Skagit County Health Department. City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

9 5. The applicant shall submit a parking plan at time of building permit application submittal, that addresses all existing and proposed uses and how conformance with AMC Chapter regulating off-street parking is being met. 6. The applicant /landowner shall comply with the City of Anacortes Solid Waste Department including but not limited to: A) Follow pad specs if a dumpster is needed /requested. INTRODUCED, PASSED, AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANACORTES on this 21 th day of December CITY OF ANACORTES, WASHINGTON LAURIE M. GERE, MAYOR Approved as to form and legality: ATTEST: Darcy Swetnam, WSBA# City Attorney Steve D. Hoglund, City Clerk Treasurer JUDICIAL APPEAL: AMC Notice of appeal of any final action taken under this title must be filed with the Superior Court and served on the city attorney for the city within twenty-one (21) days of the date on which such final action was taken. For purpose of appeals from decisions of the Anacortes City Council, the "date of final action" shall mean the date on which the city council made its decision by vote taken at a regular or special public meeting. City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

10 EXHIBITS: EXHIBIT NUMBER: Exhibit #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit #7 Exhibit #8 NAME OF EXHIBIT: Master Permit Application & Narrative Revised Notice of Application & Hearing GIS Map & Assessor s Info Public Comments Received Agency & Department Comments Received Site Plan Planning Commission Presentation Planning Commission Recommendation & Minutes City Council s Draft Findings of Fact, Conclusions of Law, & Decision CUP of 9 James Stevens CUP

11 EXHIBIT #1: MASTER PERMIT APPLICATION & NARRATIVE

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16 EXHIBIT #2: REVISED NOA & NOH

17 REVISED NOTICE OF APPLICATION & HEARING: Notice is hereby given that an application was made for the following proposal: Request: The applicant has applied for a Conditional Use Permit (CUP) to permit a doctor s office within an existing medical marijuana collective business. File Number: CUP Applicant: James Stevens, 4028 Sharpe Road, Anacortes, WA Project Location: 7656 State Route 20, Anacortes, WA 98221; Parcel #: P19960 Date of Application: September 28, 2015 Date of Completeness: October 14, 2015 Required Project Permits/Approvals: The following may be required in addition to the above: Building Permit Preliminary Determination of Consistency: At a minimum, this project will be subject to the following plans and regulations: Anacortes Comprehensive Plan, Municipal Code (Zoning), & Building and Engineering Standards. SEPA Environmental Review: Not Applicable Open-Record Public Hearing: An open-record public hearing will be held by the Planning Commission on December 09, 2015 at 6:00 PM. A closed-record hearing to hear any appeals of the Planning Commission s recommendation and to make a decision on the application will be held by the City Council on December 21, 2015, at 6:00 PM. Both hearings will be held in City Council chambers located at th Street, Anacortes, WA. Public Comment Period: Submit written comments to the contact listed below by November 18, 2015, at 5:00 PM. How to become a party of record: You may become a party of record by submitting written comments, including a (USPS) mailing address, to the City of Anacortes PCED at the address listed below. ed comments must include a return (USPS) mailing address in order for the sender to be considered a party of record. Questions about this proposal, requests to receive future notices of hearings and/or the decision, once made, and/or appeal procedures should be directed to the contact person listed below. The application and complete case file are available for review at the City of Anacortes PCED located at th Street, Anacortes, WA A decision on this application will be made within 120 days from the date of completeness. For Project Information: Kevin Cricchio, Associate Planner; (360) ; kevinc@cityofanacortes.org City of Anacortes Department of Planning, Community & Economic Development, P.O. Box 547, Anacortes, WA Date Issued: November 4, 2015 Publish: November 4, 2015

18 EXHIBIT #3: GIS MAP & ASSESSOR S INFO

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21 EXHIBIT #4: PUBLIC COMMENTS RECEIVED

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23 EXHIBIT #5: AGENCY & DEPARTMENT COMMENTS RECEIVED

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32 EXHIBIT #6: SITE PLAN

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34 EXHIBIT #7: PLANNING COMMISSION PRESENTATION

35 PLANNING COMMISSION Open-Record Public Hearing December 9, 2015 By: Kevin Cricchio, AICP, Associate Planner 1

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37 James Stevens 7656 SR20: Page 1 of 3

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41 Site Address: 7656 SR 20 Anacortes, WA Applicant James Stevens 4028 Sharpe Road Anacortes, WA CUP : Subject Proposal: The applicant has applied for a Conditional-Use Permit to permit a doctor s office within an existing medical marijuana collective business to serve its clients. Subject Parcel: Parcel #: P19960 Landowner: Richard Rennebohm G & R Investments, LLC 1582 Scenic Heights Road Oak Harbor, WA

42 Existing Land Use: Medical Marijuana Collective Building Zoning District: Light Manufacturing 1 (LM1) Zoning District Surrounding Zoning & Land Uses: CUP : Direction Zoning: Present Land-Use: North: Light Manufacturing 1 (LM1) Commercial Parking Lot South: Light Manufacturing 1 (LM1) Marijuana production & single-family residential East: Light Manufacturing 1 (LM1) Vacant unimproved land West: Light Manufacturing 1 (LM1) Produce and Antiques Store 3

43 CUP : Background: Currently, an existing medical marijuana collective business is located on the subject property. The applicant now proposes a remodel of the existing medical marijuana collective building to permit a doctor s office also within it to serve its clients. The State of Washington s legislature recently passed Senate Bill 5052 (SB 5052) which eliminates medical marijuana collectives effective July 1 st, Medical marijuana collectives will have the opportunity to apply for a new license with the State of Washington to become a marijuana retail store. As a result of this new legislation, the City of Anacortes City Attorney s Office has begun drafting a code amendment precluding medical marijuana collectives within the LM1 Zoning District. Today, medical marijuana collective gardens are uses that are permitted outright per AMC An office use in the LM1 Zone is permitted via an approved Conditional Use Permit per AMC On September 28, 2015, the City of Anacortes Department of Planning, Community, & Economic Development received the subject Conditional-Use Permit. The subject application was deemed complete on October 14, Pursuant to AMC Chapter 17.70, the subject development was reviewed for proximity to critical areas. 4

44 Noticing: CUP : Notice of the application and hearing is required to be mailed to property owners within 300-feet, posted on-site and published in the newspaper. Notice of Application & Hearing was published in the Anacortes American Newspaper on October 14, The subject property was posted with Public Notice Signage in two (2) areas on October 09, Both agencies /departments of jurisdiction and property owners within 300 feet of the project site were mailed notice of application & hearing on October 09, The notice of the application and hearing was provided consistent with these requirements pursuant to AMC (E) and A revised notice however was needed as the open-record public hearing before the Planning Commission was initially scheduled on November 11, 2015, a city recognized holiday. Accordingly, the revised notice was published in the Anacortes American Newspaper on October 28, The revise notice was also posted in two (2) areas onsite and mailed to property owners within 300 feet of the subject property on October 20, It was brought to staff s attention that there was a typographical error made to the revised notice of application and hearing. Therefore the revised notice was once again revised. The revised notice was published in the Anacortes American Newspaper on November 4, The project site was posted onsite with notice in two (2) different areas on October 29, Property owners within 300 feet of subject property were mailed notice on October 28,

45 Noticing (Continued): CUP : Applicable city departments have reviewed the application and department recommendations, if any, are incorporated into the recommended project conditions. All applicable ordinances and standards will apply when the site plan accompanies a Building Permit application. All departments will impose those standards through the Plan Review process. It is noted that additional issues will be addressed in City staff s review of the Building Permit Application that will follow on from approval, if granted, of this application. The 14-day public comment period for the project Notice of Application & Hearing ended on Wednesday November 18, 2015, However, comment was accepted up until the open-record public hearing. Any comment received from departments/agencies of jurisdiction and/or the public are referenced in the attached exhibit list. An open-record public hearing is scheduled before the Planning Commission on December 09, 2015, at 6:00 PM. A closed-record public hearing to hear any appeals of the Planning Commission s recommendation and to make a decision on the application will be held by the City Council on December 21, 2015, at 6:00 PM. 6

46 Zoning Ordinance/Code: CUP : The City Zoning Map establishes zone boundaries and the City Zoning Ordinance establishes (1) the permitted use of land in the various zones, and (2) development standards. The subject property is located in the Light Manufacturing 1 (LM1) Zoning District. Pursuant to AMC , the purpose of the LM1 zone is intended primarily to accommodate industrial type uses that do not need water access or proximity to the central business district or to the Commercial Avenue corridor. Medical marijuana collective gardens are uses that are permitted outright per AMC An office use however in the LM1 Zone is permitted via an approved Conditional Use Permit per AMC

47 CUP : State Environmental Policy Act (SEPA): Pursuant to WAC & AMC Chapter 18.04, the subject proposal is exempt from SEPA environmental review. Staff Recommendation: The Department of Planning, Community, and Economic Development recommends that the Planning Commission make a recommendation of approval to city council regarding the subject Conditional Use Permit subject to the staff suggested conditions of approval listed below. 8

48 EXHIBIT #8: PLANNING COMMISSION RECOMMENDATION & MINUTES

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57 Draft Planning Commission Meeting Minutes for December 9, 2015 Chair Laumbattus called the Meeting of December 9, 2015 to order at approximately 6 p.m. Roll Call Members Present: Commissioners Laumbattus, Hansen, Oppel, McNett, Farnsworth, Pollard and Cleland-McGrath Minutes October 14, 2015, October 28, 2015 and November 7, 2015 were approved as presented. Correspondence None Old Business None New Business Public Hearing: James Stevens, Conditional Use Permit 7656 State Route 20 Discussion/Possible Action Commissioner Curt Oppel announced that he had a discussion with the applicant regarding the proposed conditional use permit, not realizing it was coming before the Planning Commission. Mr. Oppel feels that he can make an unbias decision. The Chair asked if anyone from the audience has an objection to Commissioner Oppel sitting on the board to hear the proposed conditional use? There was no objection from the audience. Then the Chair, Mr. Laumbattus stated that he does have a relationship with the applicant and will recluse himself and will not vote on the proposal. Mr. Kevin Cricchio introduced the application for a Conditional Use Permit to permit a doctors office within an existing medical marijuana collective business to service its patients. Currently, an existing medical marijuana collective business is located on the subject property. The current zoning for the proposed conditional use is LM1, which Medical marijuana collective s gardens are a permitted use within this zone. The surrounding land is also zoned LM1, various uses in the area include a commercial parking lot, Marijuana production & single family residential, produce and antique store pc minutes 1 P age

58 Lastly, Mr. Cricchio noted that there is not an expansion of the building and that staff recommends approval. In answering a question from Commissioner Pollard, Mr. Don Measamer, Director of Planning, Community & Economic Development, explained that the proposed application does meet the criteria as an office space and is compatible with the conditional use permit criteria. With that, the Chair opened the hearing to take public comment. Mr. James Stevens, 4028 Sharpe Road, pointed out that medical marijuana has been allowed since He hopes that the clinic will be a designated specialty clinic recognized by the State of Washington along with being a primary care physician to treat other patients not just for medical marijuana. The Chair, closed the public hearing. Commissioner Oppel clarification that there will be only one doctor at the facility for patient care. Commissioner Pollard expressed her concerns relative to the proposed project does not meet the office definition and that the proposed use would be more compatible to a clinic, which would not be consistent with the conditional use permit process. Commissioner Hansen and Commissioner Farnsworth expressed concern relative to allowing a medical office in a LM1 zone is an appropriate use for the area. In addressing a concern of Commissioner Cleland-McGrath, the Chair reopened the public hearing for Mr. Stevens to explain that the proposed doctor office will provide consultation and prescriptions, there will not be any procedures done on site and restroom facilities are provided on site. The Chair closed the public hearing again. After discussion, Commissioner Pollard made a recommendation to City Council to deny the conditional use application as submitted, this was seconded by Commissioner Cleland-McGrath. Vote: 2 ayes and 4 nays (Mr. Laumbattus abstained from voting). Motion failed. Commissioner Farnsworth then made a motion to approve the Conditional Use Application as submitted, this was seconded by Commissioner Hansen. Vote 4 yes and 2 no s (Commissioner Laumbattus abstained) motion passed to recommend approval to City Council pc minutes 2 P age

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