HomeMy WebLinkAboutMinutes 03/22/1995
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AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
321 East Fifth Street
Port Angeles, W A 98362
March 22, 1995
7:00 p.m.
I.
CALL TO ORDER
II.
ROLL CALL
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APPRO V AL OF MINUTES: Meeting of March 8, 1995
IV.
PUBLIC HEARINGS:
1. CONDITIONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT
BIBLE CHURCH. 116 Ahlvers Rd: Request to allow a Christian, school (K-12)
in the RS-7. Residential Single-Family District in association with a ehurch
activity. (Continued from the March 8, 1995 meeting.)
2. SHORELINE MANAGEMENT PERMIT - SMA 95(03)150 - BLACK
BALL FERRY. Laurel/Railroad A venue: Request to allow the reconstruction of
a warehouse and office building in the CBO, Central Business District, within a
shoreline area.
3. ZONING CODE AMENDMENT - Commercial Parkine in Residential
Areas. eity-wide: Amendment to the City's provisions regulating commercial
parking in residential districts.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
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ADJOURNMENT
PLANNING COMMISSION: Linda Nutter, Chair, Cindy Souders, Orville Campbell, Bob Winters, Bob Philpott, Bob King, Tim German
STAFF: Brad Collins, Director. Sue Roberds Office Speci!list. David Sawyer, Senior Planner.
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All correspondence penaining to a hearing item received by the Planning Department at least
one day prior to the scheduled hearing will be provided to Commission members before the
hearing.
PUBLIC HEARING PROCEDURE: Spokesmen for the proponents and opponents will be given an opportunity to
speak: to the request. Information submitted should be factual, relevant and not merely duplication of a previous
presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short
supporting remarks (5 minutes). Other interested parties will be allowed to comment briefly (5 minutes each) or
make inquiries. The Chairman may allow additional public testimony if the issue warrants it. Brief rebuttal (5
minutes) for proponents and opponents will be heard separately and consecutively with presentation limited to their
spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. Comments should be
directed to the Board, not the City Staff representatives present, unless directed to do so by the Chairman.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
March 22, 1995
7:00 p.m.
ROLL CALL
Members Present:
Orville eampbell, Bob King, Linda Nutter, Bob
Philpott
Members Excused:
Bob Winters, Cindy Souders, Tim German
Staff Present:
David Sawyer, Sue Roberds, Bruce Becker, Ken
Ridout
Public Present:
Deanna and Rob Botero, Barney eaine, Lee
Darling, Don Mudd. eynthia Raymond, David
Stutzman, Bryan Harden. Laura Eyestone, Kim
Campbell, Virginia Pennoyer, David Meyer, John
McNutt. Rod Pence, Bill Lindberg
. APPROVAL OF MINUTES
Commissioner Campbell moved to approve the March 8, 1995, minutes with two
minor typographical corrections. Commissioner King seconded the motion, which
passed 4 ~ o.
PUBLIC HEARINGS
Chair Nutter announced that the order of the agenda would be to take Item No.2 fIrst.
SUBSTANTIAL DEVELOPMENT PERMIT - SMA 95(03)150 ~ BLACK
BALL FERRY. Southwest corner of the intersection of Laurel and Railroad
Avenue: Request to allow the reconstruction of an office and warehouse structure
in the eBD, Central Business District, within a shoreline area.
Planner Sawyer reviewed the Planning Department report. Chair Nutter opened the
public hearing.
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Bill Lindberg, 319 South Peabody, answered questions from the Commission regarding
the placement of the structure on the property and distributed an artist's sketch of the
proposed development. The warehouse is for maintenance of the Black Ball Ferry and
will provide an area for maintenance work and will contain storage materials as needed
for that use. The building will be of metal construction softened along Laurel Street with
a brick front. He concurred with staffs recommendation and agreed with the condition
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Planning Ccmmi.5sion
March 22,1995
Pag~ 2
proposed for approval.
There being no further comment, Chair Nutter closed the public hearing.
Commi~liioner Campbell moved to recommend approval of the shoreline substantial
development permit to the City Council with one condition as follows:
Condition:
1. The project shall meet the requirements of Chapter 14.40 of the Port Angeles
Municipal Code and satisfy the requirements and concerns of the Public Works
Department identified in their memorandum dated February 16, 1995. as follows:
a) All existing driveways will be closed along Railroad A venue or be
reconstructed to City standards. Sidewalks in the areas of driveway
closure will be reconstructed to City standards.
b)
The following parking lot standards will be met: .
(i) eurb stops will be placed along the westerly parking spaces to
protect the fact of the adjacent building.
(ii) It is assumed that the parking stall width is 8'6" minimum (with the
stall angle 450) per City standard. This would be sufficient for the
aisleway as shown on the submitted plans.
(iii) Parking lot catch basins (2) will require oil/water separator "T"s.
(iv) The handicapped parking stall will be placed on the east side of the
parking lot to accommodate the individuals that would need it.
citing the following fmdings and conclusions:
Findings:
1. The applicant, Linberg Architects, on behalf of the property owner, Black Ball
Transport, Inc.. applied for a Shoreline Substantial Development Permit on
January 30. 1995.
2. A Determination of Non-Significance (DNS) was issued by the City of Port
Angeles' SEPA Responsible Official on February 10. 1995.
3. The eity received no appeals on the DNS during the allotted time period which
ended February 20. 1995.
4.
The application and hearing process was advertised in accordance with the legal
requirements of the eity of Port Angeles and the State of Washington.
5.
The application is to construct a combined office and warehouse facility for use
by the COHO Ferry terminal with the office space to be leased out.
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Planning Commlssion
March 22.199$
Page 3
6.
The Port Angeles Shoreline Master Program. Comprehensive Plan and Zoning
Ordinance have been reviewed with respect to this application.
7. The site is designated eommercial in the City's Comprehensive Plan, CBD,
Central Business District, in the City's Zoning Ordinance, and Urban
Environment in the City's Shoreline Master Program.
8. Appeal of the City eouncil's decision regarding Shoreline Substantial
Development Permits is final unless appealed.
Conclusions:
A. As conditioned. the project is consistent with the eity's Comprehensive Plan Land
Use Policy F.l., the City's eBD Zone, and the City's Shoreline Master Plan
Urban Environmental Policies e.1. and 4., and F.18.
B. As conditioned, the project will not be detrimental to the shoreline.
C. This decision is based on the information provided in the staff report including all
of its attachments. comments and information presented during the public hearing
and the Planning eommission's discussion and deliberation.
Commissioner King seconded the motion, which passed 4 - O.
CONDmONAL USE PERMIT - CUP 95(01)01 - INDEPENDENT BffiLE
CHURCH - 116 Ahlvers Road: Request for a conditional use permit to allow a
ehristian school (K -12) to be located in an existing church in the RS- 7,
Residential Single-Family District. (Continued from March 8. 1995.) .
Planner Sawyer reviewed the Planning Department's report. Chair Nutter opened the
public hearing.
Rod Pence, 2101 Driftwood Place, Administrator of Independent Bible Church (IBC).
stated that churches have very beneficial effects on a community's population.
Approximately 1,000 people attend church services on Sunday at this facility. with a
congregation of over 2.500 people. The church presently affiliates with the Olympic
Christian School (OSC) which is located in the old Fairview School building on 0' Brien
Road. The school has outgrown the facility and the desire is to locate within the me
building during the week under standard school operating procedure. Staff arrives at 7: 30
a.m. with activities to approximately 3:00 p.m., for grades kindergarten through high
school. Mr. Pence concurred with the Planning Department's recommendation with the
exception of the requirement proposed by the Public Works Department concerning
bringing the building into compliance with the Americans with Disabilities Act (ADA)
for the school use. The existing church building was not constructed to ADA standards
even though those requirements were in place at the time of construction. eompliance
with ADA requirements at this time would be an unnecessary burden at this time. The
Planning Commission
March 21,1995
Page 4
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church may not be the ultimate location for the Olympic Christian School as enrollment
is growing at a rapid rate. This is proposed as a temporary location for relief of the
overcrowding at the current facility at this time.
David Stutzman, 2399 Black Diamond Road, school principal, indicated enrollment at
OCS has been approximately 95 students grades K - 8 for the past three years. Thirty
to 40 new students have applied for the 1995-96 school year. The school is looking at
use of the church facility as a temporary use to accommodate the present enrollment and
anticipated growth rate. The church was not designed for school use.
Mr. Stutzman responded to Commissioner Campbell that there are no plans to remodel
the existing church facility for school use. He noted that the plan is to add one high
school grade per year up to grade 12 depending on enrollment demands. Students would
use the first floor of the church building, but if need be, the second floor could also be
used.
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Rod Pence responded to Chair Nutter that the play area would be protected with flagged
cable barriers to block vehicular access. Mr. Stutzman answered that late evening or late
afternoon classes are not probable. Faculty arrives at 7:30 a.m. and remain until
approximately 3:30 p.m. One bus is used at the O'Brien Road school site which carries
44 students. Approximately half the students arrive by carpool. It is anticipated that
school use will be from late August to mid June each year with no school functions on
Saturday or Sunday.
Bryan Barden, 201 E. Ahlvers Road, lives about 200 feet from the present church
facility. There is a Christian school presently located at the east end of Ahlvers Road
(Calvary Baptist School) which causes no problems to the neighborhood. He does not
have children who would attend the school but is a Church member. He urged approval
of the school use as requested.
David Meyer, 103 Viewcrest, resides approximately one block to the north of the present
church site at a busy intersection where traffic converges in association with a second
Christian school use in this area (Lighthouse ehristian School). He spoke in favor of the
proposed IBe school and notices no adverse effects from either of the other two current
Christian school uses in the neighborhood at present.
Laura Eyestone, 4308 Old Mill Road, spoke in favor of the use. She is a Church
member who has lived at the current address for six years. Other church schools located
in the direct area have never interrupted neighborhood activities to her knowledge. There
is plenty of room on the ehurch grounds and the area to the west of the Church is vacant
so the use should not bother the neighborhood.
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Kim Campbell, 3510 Galaxy Place, a neighbor and ehurch member, has children who
would attend the school. She spoke in favor of the use.
Virginia Pennoyer, 104 Oakcrest, spoke in favor of the use and felt it would be a great
asset to the community.
Planning Commission
March 21, 1995
Page S
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Barney Caine, 3518 Galaxy Place, spoke at length regarding the history of the Church
as an adjoining neighbor and his concerns regarding earthquake possibility for this area
and increased traffic impacts associated with the church use. and the intended school use.
Although there have been differences of opinion over the past years regarding landscaping
and buffering, ultimately he did not object to the school use if conditions are attached to
assure minimal impact to the neighbors, traffic. and safety of the children using the
parking area for a playground. .
Deanna Botero, 3514 Galaxy Place, stated that she has experienced concerns regarding
the Church being good neighbors since her residency on Galaxy Place. She also
expressed concern about the supervision of the children in the playground area which also
serves as a parking lot, concern that trash is not contained and spreads over the property
at present and can only increase with the advent of weekday use of the site by a large
number of children. If the use is approved, she asked that the Church concentrate on
being better neighbors by better property maintenance, ensuring that parking for the use
is contained within the confines of the Church property. and that noise from the use be
better controlled to reduce unnecessary disturbance to the surrounding residential uses.
She was aware that the Church would occupy the site when she bought her property, but
at that time the congregation was smaller and the problem with traffic was not as it is at
present with the significant increase in the congregation.
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In response to Chair Nutter, Mrs. Botero answered that parking is only a problem on
Sundays. as the facility is basically used on that day at present. The parking lot is
heavily used by neighborhood children and high school youth after hours. There is no
fence on the ehurch property separating it from the neighbors.
Cynthia Raymond, 3604 Galaxy Place, was concerned about the increase in the noise
level and traffic congestion should the additional use be approved. There is a need for
a traffic light or a directional officer on Sunday at present due to the degree of congestion
when scheduled activities cease. With the addition of a school use, that congestion would
continue during the week as welL She expressed concern that the parking lot/playground
area would not be safe as the proposal does not allow for an adequate separation barrier
between vehicles and the play area. The parking lot is frequently used after hours for
vehicular activities by teenagers which can be very disruptive to the surrounding
neighbors. Because of her previously stated concerns, she asked that the use be denied.
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Rob Botero, 3514 Galaxy Place, stated that the ehurch does not maintain its property
in a manner consistent with other surrounding developed properties. Maintenance of
Church property is done on a voluntary basis. Weeds grow 6-7 feet tall during the
growing season and he has frequently cut them down in the area of his property as well
as cleaned up scattered trash from the ehurch property. There is no fence on the Church
property for adequate separation and there are times when the children taunt the
neighborhood dogs through the fences that the neighbors have erected. That annoyance
and potentially dangerous situation would worsen if not attended to by supervision of the
school children and/or a permanent separation such as a fence were put in place by the
ehurch along those adjoining properties.
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Planning Commission
March 22, 1995
Page 6
Don Muddt 3507 Galaxy Place, stated that although he knew of the church use when
he purchased his property. he inquired and was assured that a school use would never
happen at the site. The traffic has increased dramatically in the past three years in
association with the church use at this location. It is very dangerous to walk on roads
leading to and from the site on Sundays. The Church has acquired property to the rear
of the present facility and he is concerned that that acquisition may be for expansion
purposes. Who will make improvements to Laurel Street and Ahlvers Road which will
be needed due to the increase in use? Upgrades will be necessary but shouldn't be
required of neighbors if the increase is due to Church use. He was very sure that he had
been told prior to purchase of his property that there would not be a school use in
association with the planned Church use. He asked that someone confirm that
information.
Lee Darling, 3515 Galaxy Place, agreed with the previous neighborhood concerns
regarding increase in traffic, noise, and future upgrades to the utilities in the area due to .
the increased usage.
Barney Caine added that the use would also cause an increase in sewer usage if the site
is now to be utilized six or seven days a week as opposed to its previous usage being
mainly on Sunday.
Rod Pence apologized to the neighbors for the Church not reaching good neighbor status.
The Church administration has been concerned over the unauthorized after hour use of
the parking area. He once again asked that the ADA standards not be required for use
of the current facility as a school. Handicapped children will be attended to on the first
floor which is handicapped accessible. .
Ken Ridout, Deputy Director of Public Works. added that if ADA accommodations exist
on the first floor for handicapped accessibility, upgrade would not be required for the
second floor. This is with the understanding that handicapped students will be attended
to on the first floor. If the second floor is used for handicapped students/persons, the
second floor would have to be upgraded to ADA requirements.
Rod Pence, stated that during his tenure with the Church he has never heard definitive
discussion as to a proposal for a school until recently. The Church does not subsidize the
school activity. The school would prefer to stay where it is but if that is not possible,
he would not guarantee that the ehurch would not ask to construct a school facility on
Church property at a future time. However. there are no plans at present for such school
construction. He recognizes there has been difficulty in grounds maintenance and noise
control and stated that the Church would endeavor to do better. He asked that the use
be approved as proposed.
There being no further testimony, Chair Nutter closed the public hearing.
The Commission took a break at 9:05 p.m. The meeting reconvened at 9: 15 p.m.
Planner Sawyer clarified that the application request is for grades K-12 with a maximum
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Planning Commission
March 22. 1995
Pag~ 7
of 150 students. The traffic report submitted by the applicant was prepared by two
engineers who are State certified in their field. Only school generated traffic was
considered, not the cumulative school/church impact. He recommended the addition of
a seventh condition to address the concerns expressed by the neighborhood regarding
landscaping and separation needs.
Deputy Director Ridout further elaborated on ADA requirements and exceptions.
Buildings constructed during the past 20 years have observed earthquake development
construction standards. In response to Commissioner Philpott, Mr. Ridout suggested that
a row of double barriers or permanent fencing be placed to protect children while in the
playground area.
Commissioner King stated some concern with a limitation as to the hours of use for the
school activity, as it has been his experience in serving on service boards that there are
some activities which occur outside of normal classroom activities which should also be
allowed in association with school uses.
Given the concern expressed by the neighbors and that the use is considered to be
temporary in nature, there was discussion over the possibility of approval based upon a
time frame for review of the progress of the use.
Following continued discussion regarding concerns expressed by the neighbors, limitation
of the hours of school activities. better communication with the neighbors, and
playground separation, Commissioner Campbell moved to approve the conditional use
permit with the following conditions:
Conditions:
1. All concerns identified in the Public Works Department memorandums dated
December 20, 1995, and March 3, 1995. as follows shall be addressed to the
satisfaction of the Public Works Department.
a.) Barrier free requirements of the ADA must be met if the second floor is
used for classroom activities.
b.) A floor plan showing rooms being used for classrooms will need to be
submitted to the Building Division for review and approval. Issues of
ingress/egress. adequate restrooms, handicap accessibility, and life safety
requirements will be addressed in the review including special requirements for
accommodating children from pre-school through second grade.
2. Use of the parking lot for a play area shall be reduced by moving the north line
of the proposed play area within the parking lot 18 feet to the south.
3.
The play area shall be separated from the rest of the parking lot by a means
sufficient to prevent vehicle movement into the play area.
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Planning Commission
March 22, 1995
Page 8
4.
The proposed school shall meet all Federal, State and local regulations for private
schools.
5. School sessions are limited to mid August to mid June. Monday through Friday.
approximately 7;30 a.m. to 3:30 p.m.
6. Student capacity at this location shall be a maximum of 150 students.
7. The applicant shall fence and screen from view of the adjacent neighborhood
residents by a lO-foot landscape buffer area the east side of the play area. The
landscape buffer area shall be landscaped with vegetation sufficient to minimize
any significant negative impact and shall be maintained with a clean and healthy
conditions.
8. The conditional use permit will remain valid for a two-year period at which time
a review will be done to determine if concerns expressed by the neighborhood
have been addressed in an acceptable manner and if the use will continue at the
site. For the purpose of review, additional conditions may be imposed based on
the actual impact of the school use to the neighborhood.
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.
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.
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Planning Commission
March 22, 199$
Page 9
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 [CUP87(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. 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 eity eouncil. 2. Appeals shall be submitted to the
Planning Department, in writing, within fifteen (15) days following the date of
the decision."
Conclusions:
A.
As proposed, the increases to midweek Average Daily Traffic generated by this
proposal are minor.
B. As proposed. there will be no significant reduction in travel speed/time due to this
proposal.
C. As proposed, 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 eonditional Use Permit is in the public use and interest and
is not detrimental to the public welfare.
F. The proposal is consistent with the Comprehensive Plan.
G. This decision is based on the information provided in the staff report including all
of its attachments. comments and information presented during the public hearing,
and Planning eommission discussion and deliberation.
Chair Nutter clarified that her understanding of Condition No. 5 is that the stated hours
of operation are intended to specify the normal time periods of classroom activities, not
to limit normal after school activities from occurring at the site. The maker and second
of the motion concurred.
The Commission took a break from 10:00 p.m. to 10:05 p.m.
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Planning Commission
March 22, 199J
Page 10
Commhosioner King seconded the motiont which passed 4 - O.
ZONING CODE AMENDMENT - ZCA 95(03)02 - COMMERCIAL
PARKING IN RESIDENTIAL AREAS. Residential Zones City-wide:
Regulations clarifying the use of residential streets for commercial
activities.
Planning Office Specialist Sue Roberds reviewed the Planning Department's memorandum
on the issue and answered questions from the eommission regarding the background of
the amendment. It was noted that this amendment is intended to further clarify an
amendment made earlier in the year dealing with habitual misuse of eity streets in
residential areas and the use of the street for uses which should be located in
commercially oriented areas leaving available parking to more typically residential uses.
Chair Nutter opened the public hearing. There being no one to comment, she then closed
the public hearing.
Following further discussion with staff as to the results of the proposed amendment,
Commissioner Philpott moved to approve the proposed Zoning Code Amendment
citing the following findings and conclusions:
Findings:
1. The Comprehensive Plan has been reviewed with respect to the proposal. The
following goals and policies have been identified as being most relevant to the
amendments: Land Use Element Goals B, C, and D. and Policies e.!.
2. The City adopted a previous Determination of Non-Significance issued on
December 5, 1994, for a similar proposal and adopted for this proposal on March
21, 1995.
3. The City has received a significant number of complaints concerning commercial
vehicles in exempt home occupations negatively impacting single-family
neighborhoods.
Conclusions:
A. The Zoning Code Amendment is in the public use and interest.
B. The Zoning Code Amendment is consistent with the eomprehensive Plan Goals
and Policies, specifically those found in Finding No. I.
C.
The Zoning Code Amendment is consistent with the intent of ehapter 17.86
(Home Occupations) of the Port Angeles Municipal Code.
Commissioner King seconded the motion, which passed 4 - O.
Planning Commission
March 22, 1995
Page 11
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COMMUNICA TIONS FROM THE PUBLIC:
None.
STAFF REPORTS
Planner Sawyer reported to the Commission regarding the deadlock situation at the City
Council level regarding the Serenity House rezone proposal. The matter will be finaled
at a special Council meeting on March 28. 1995. The Clallam County Regional Port
Angeles Watershed Plan will be discussed at that meeting as well. He also noted that
March 31 is the deadline for Comprehensive Plan Amendment proposals. None have
been formally received to date. The amendment procedure was briefly discussed.
REPORTS OF COMMISSION MEMBERS
Chair Nutter requested that eommission members forward their suggestions on how to
deal with. set up and conduct, public hearing for continued review of the Zoning Map
for compliance with the Comprehensive Plan Map. Time is growing short and the need
is upon the City to bring the two maps into compliance. Chair Nutter will meet with
staff to discuss suggestions and try to work out staff time and assistance in the matter.
. ADJOURNMENT
The meeting adjourned at 11:05 p.m.
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Linda Nutter, ehair
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PREPARED BY: S. Roberds
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PLEASE SIGN IN
CITY OF PORT ANGELES
Planning Commission Attendance Roster
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Meeting Date: ~ A-R1 ~ /99..1Y