HomeMy WebLinkAboutMinutes 08/25/1999
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WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
August 25, 1999
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meetings of July 14 and 28, 1999.
IV. PUBLIC HEARINGS:
1.
C.O.M>ITIONAL USEBRMIT.=...C.UP 99-11 - WORTHINGTON, 1037 West
NintlLStre.et:. Request for a conditional use permit to legalize a nonconforming
duplex and establish an adult residential care use for up to 6 residents. The
property is located in the RS-7, Residential Single Family zone.
2. ANNEXA TIQN REQIIEST - ANX 9~-02 - TURNER,lletween Old.1fre.Road
and-I>-D.yle~Qad; Request for annexation of approximately 4.53 acres of land
situated west of the City limits.
3. MIINlClFAL--LODE AMENDMENT - MeA 98-08 ~ ADULT
ENTERT AINMENT BUSINESSES-=. Revision to the City's Municipal Code
with regard to adult entertainment businesses.
V. ELECTION OF OFFICERS
Election of officers for the remainder of the 1999 term due to the resignation of
Chair Craver.
VI. COMMUNICATIONS FROM THE PUBLIC
PLANNING COMMISSIONERS: Fred Hewins (Vice),Bob King.Linda Nutter,Dean Reed,Fred Norton. Jason Robotkay, one vacancy.
PLANNING STAFF: Brad Collins, Planning Director. David Sawyer, Senior Planner, Sue Roberds, Planning Specialist
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VII. STAFF REPORTS
VIII.
IX.
1.
SalmonlWatershed Planning
REPORTS OF COMMISSION MEMBERS
ADJOURNMENT
PLANNING COMMISSIONERS; Mary Craver (Chair);Fred Hewins(Vice);Bcb King,Linda Nutter,Dean Reed,Fred Norton,Jason Robotkay
PLANNING STAFF; Brad Collins, Planning Director; David Sawyer. Senior Planner; Sue Roberds, Planning Specialist.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 25,1999
7:00 p.m.
ROLL CALL
Members Present:
Fred Norton, Bob King, Dean Reed, Fred Hewins, Linda
Nutter, one vacancy
Members Absent:
Jason Robotkay
Staff Present:
Brad Collins, Gary Kenworthy, Dan McKeen
Public Present:
James and Margo Turner, Cynthia Shillington, Salima
Worthington, Monica McGoffen, Stacy Bullock, Vem
Pri tchard
Planning Director Collins read a letter of resignation from Planning Commissioner Mary
Craver due to illness in her family. Commissioner Norton moved to accept Commissioner
Craver's resignation. The motion was seconded by Commissioner Hewins and
regretfully passed unanimously.
Vice Chair Hewins assumed the Chair.
APPROVAL OF MINUTES
Commissioner Nutter moved to approve the July 14, 1999, Planning Commission
meeting as revised. Commissioner King seconded the motion which passed 4-0 with
Commissioner Reed abstaining due to absence at the meeting.
Commissioner Nutter moved to approve the July 28,1999, Planning Commission as
presented. Commissioner Reed seconded the motion which passed 3 - 0, with
Commissioners Norton and King abstaining due to absence at the meeting.
PUBLIC HEARINGS:
CONDITIONAL USE PERMIT - CUP 99-11 - WORTHINGTON. 1037 West
Ninth Street: Request for a conditional use permit to legalize a nonconforming
duplex and establish an adult residential care use for up to 6 residents. The property
is located in the RS-7, Residential Single Family zone.
Planning Director Collins noted that the applicant has revised the request to just the
recognition of the duplex as a legal use. The adult residential care use is not an issue at this
time. Mr. Collins then reviewed the Planning Department's staff report recommending
approval of the duplex use as requested.
Plonning Commission Minutes. August 25, } 999
Page 2
Commissioner Norton asked why, after nearly 30 years, the duplex use is now being
reviewed. Mr. Collins answered that the applicant wishes to avoid legal entanglements
which could result in a nonconforming use, which the duplex is without a conditional use
permit. He then asked who would review the site development to determine whether the
structure is up to current Building and Fire Codes. Mr Collins answered that responsible
City departments, such as Fire, Light, and Building, perfonn site visits to. assure the sbucture
meets current construction codes.
Acting Chair Hewins opened the public hearing and indicated that those persons providing
public testimony must have signed the attendance roster and noted the oath that they must
gIve.
Ms. Salima Worthington, P.O. Box 1057, Sequim, Washington, is the owner of the
property. The site provides sufficient parking for a duplex and has been developed as a
duplex. She purchased the property believing it was a duplex. When it was revealed that the
use was actually a nonconfonning use, she preferred to apply for the conditional use permit
to legalize the nonconforming situation.
Commissioner Nutter asked the applicant to clarify the parking situation on the property.
Ms. Worthington responded that two small garages exist on the north side of the property
directly adjacent to the alley. She explained the parking availability and improvements on
the site.
In response to Commissioner Norton, Ms. Worthington explained that she did not know the
structure was not a legal duplex, but was a nonconforming duplex, until she made inquiries
in order to sell the property. Staff provided the information needed to legalize the use in the
event she desired to do so, but she was aware that the use could continue as nonconforming.
Acting Chair Hewins closed the public hearing.
Commissioner Reed moved to approve the conditional use permit as requested citing
the following conditions, findings and conclusions:
Conditions of Approval
I. Approval of CUP 99-] I is limited to approval of the site as a duplex.
2. All aspects ofthe project shall meet or exceed all Local, State, and Federal codes.
Findings:
The following findings are based on the information provided in the August 25, 1999, Staff
Report for CUP 99-11, including all of its attachments. Consideration was also given to the
comments and information presented during the August 25, 1999 public hearing, and the
Planning Commission's discussion and deliberation. Consequently, the City of Port Angeles
Planning Commission hereby finds:
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Planning Commission Minutes - Augw/1J. 1999
Page 3
1.
The applicant, Salima 1. Worthington applied for a conditional use permit to
authorize an existing duplex located at 1037 W. 9th Street. The application is
identified as Attachment B to the August 25, 1999 Staff Report for CUP 99-11;
2. The Comprehensive Plan Land Use Designation for the site is Low Density
Residential [LDR];
3. The site is zoned RS-7;
4. A Determination of Non-Significance (#871) was issued for the proposal on August
25, 1999;
5. The existing structure is a two-story building with approximately 1,600 square feet
on each floor for a total floor area of approximately 3,200 square feet;
6. The existing structure was built in 1965 as a single-family residence and the garage
was constructed in 1972. The house has since been converted to a duplex
configuration. Each floor is independent of the other with separate exterior
entrances, kitchens and bathrooms;
7.
Access to the site is from the 8th/9th Street alley;
8.
The duplex use will require four off-street parking spaces, and there is enough area
on the property to support four off-street parking spaces;
9. The Comprehensive Plan's Housing Element Goal A, states the City's goal is to
"improve the variety, quality, availability, and affordability of housing
opportunities." Housing Element Policy B6 further states "adequate low and
moderate income housing opportunities should be provided;"
10. A duplex is a conditionally permitted use in the RS- 7 zone;
11. The Public Works Department made two recommendations. The Fire Department
did not recommend any specific conditions of approval
12. One letter of comment was received from the public regarding this application. Mr.
Thomas L. Swanson who resides at 1119 W. loth Street requested the Planning
Commission consider the residential integrity of the neighborhood and the RS-7 zone
when making its decision; and
13. There are no other duplexes located on this block (Block 258).
14.
The Planning Commission received a letter from Salima Worthington on August 23,
1999, clarifying that the existing duplex is not serving as an adult family home at the
present time.
Planning Commission Minutes - August 25, 1999
Page 4
Conclusions
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The following conclusions are based on the information provided in the August 25, 1999,
Staff Report for CUP 99-11, including all of its attachments. Consideration was also given
to the comments and information presented during the August 25, 1999, public hearing, the
Planning Commission's discussion and deliberation, and the above listed findings.
Consequently, the City of Port Angeles Planning Commission hereby concludes:
A. The proposed project's design and location meet the intent of the City's
Comprehensive Plan, Zoning Ordinance and Parking Ordinance. Specifically, the
Comprehensive Plan's Housing Element Goal A and Policy B6;
B. The proposed project is compatible with the adjacent Comprehensive Plan and
Zoning designations and existing land uses;
C. The proposed project is not detrimental tethe public interest.
Commissioner King seconded the motion which passed 4 -1 with Commissioner Nutter
in opposition. Commissioner Nutter voted against the motion because property owners
should be more responsible in doing site investigative work when purchasing a property and
the City has an obligation to enforce the Zoning Ordinance.
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ANNEXATION REOUEST - ANX 99-02 - TURNER. Between Old Joe
Road and Doyle Road: Request for annexation of approximately 4.53 acres
of land situated west of the City limits.
Planning Director Collins reviewed the Planning Department's staff report proposing a
recommendation of approval in the matter. He clarified that an alternative zoning of
Residential Medium Density (RMD) from the staffs recommendation of Residential Single
Family (RS-9) would also be appropriate for the area if annexed. The RMD zoning would
be more consistent with the current zoning in the County of Urban Low Density (LD). He
noted late comments from the Fire Department and the Public Works Department. The
applicant should be aware that the Fire Department will require fire flow meeting Unifonn
Fire Code requirements be provided for development within the annexation and that the
Public Works Department will require the City's water, sewer, and storm drainage service
standards to be met when development takes place. The subject property contains an
easement for a private waterline through which City water passes.
In response to an inquiry from Commissioner Norton, Gary Kenworthy, City Engineer,
explained that years ago several residents in the area petitioned the City to provide water.
A private waterline was constructed, and the City provided the water to 8 residents in the
area through that line. The line recently failed, and, due to health concerns, a difficult
enforcement action resulted, which had nothing to do with the applicant but which essentially
forced the replacement of the waterline by the residents.
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Planning Commission Minutes - August 25, 1999
Page 5
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Planning Director Collins responded to Commissioner Reed that there is no development on
the property in question at present.
Planning Director Collins clarified to Commissioner Nutter that the applicants, not the City,
would be responsible for utility services, water, sewer, power, roads in the proposed
annexation area.
In response to Commissioner Hewins, Fire Marshall Dan McKeen said that residents in the
proposed annexation area would have the option of installing residential fire sprinkler
systems or alarm bells.
Acting Chair Hewins opened the public hearing.
Margo Turner, 3904 South Reddick Road, stated that she and her husband purchased the
property but have been unable to develop it due to lack of services in the area. She is aware
that upgrades will be required. They have no immediate plan for development but wish to
plan for it.
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Commissioner Reed asked Mrs. Turner what her thoughts are with regard to staff's option'
of Residential Medium Density rather than Residential Single Family. She answered that
she doesn't know what the differences are between the two zones. They don't really have
a preference as to residential zoning designations but wish to be in the City to have the
opportunity to develop the property where at present they cannot.
Mr. Collins responded at the direction of the Acting Chair in explaining the difference
between Residential Single Family and Residential Medium Density allowances. Mrs.
Turner said she would be agreeable to the RMD zoning.
Cynthia Shillington, 321 Doyle Road, has owned property on Doyle Road since 1972. The
purchasers must have known when they purchased the property what the development
constraints were. The area is very rural in nature with narrow roads. She detailed the road
system in the area and her thoughts regarding fire, traffic, and water concerns. She
questioned why area residents were not provided with individual notice of the annexation
proposal. She was not as concerned about annexation to the RMD zoning but would not
support a commercial zoning for the site which could be possible with annexation to the
City.
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Monica McGoffen, 133 Doyle Road, did not notice the posting sign on the property until
recently. When she purchased her home 14 years ago a real estate agent assured her that
there would not be any more development in this area because there were no more water
shares available. There is a lot of standing water in the area which also makes development
difficult. Neighbors deal with very low water pressure daily, some have holding tanks and
some don't use water during periods that it is scarce. She was concerned that the annexation
would require neighbors in the area to pay for upgrades for utilities which would be required
if the area is annexed. When the City's Comprehensive Plan was being developed, only the
area in question was designated as being in the urban growth area because surrounding
residents didn't want to be in the City.
Planning Commission Minutes - August 25. 1999
Page 6
hI response to Ms. McGoffen, Engineer Kenworthy responded that other residents in the area .
would not be required to participate in utility upgrades unless they wished to for their own
purposes. Such an action could be approved through an area wide Locallmprovement
District (L.l.D.) which would include both City and County residents.
Vern Pritchard, 133 Doyle Road, said that there are still three or four houses hooked up to
the old failing waterline due to a dispute regarding repair fees. How would the annexation
affect that situation? He is happy to live in the rural area even given the low water pressure
and even if it means his house burns down due to low water pressure.
Stacy Bullock, 185 Doyle Road, opposed the annexation proposal and commented that she
was unaware of the proposal until recently. Her children read the sign and told her about the
proposal. The roads are very narrow and the water pressure is zero.
Planning Director Collins responded to some of the concerns raised. Due to the
unavailability of an adequate water source in the area, as testimony indicated, the applicants
cannot develop the property. To address the concerns raised about notification in the event
of annexation, Mr. Collins pointed out that state law (RCW 35A.14.130) does not require
individual notification of surrounding property owners under the direct petition method. The
posting of the property was done and was noticed by all those present at the hearing, and a
publication was placed in the Peninsula Daily News for general notification. A specific
zoning action would require notification of property owners :within 300' of a proposed
property. He recommended that Doyle Road and Old Joe Road on the east and west borders
of the property be annexed leaving out those portions of Highway 101 not fronting on the
site.
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Engineer Kenworthy answered that any existing water services to the annexed property
would be abandoned and a new service would be required just for the subject property to
meet the City's minimum standards. The surrounding County residents would continue
using the existing smaller private line.
Mrs. Shillington stated that she finds it very hard to believe that the City residents would not
some way have to pay for some development in the event the area is annexed.
There being no further comments, Acting Chair closed the public hearing.
Discussion continued regarding roads, water, and zoning issues.
The Commission took a 5 minute break. The meeting reconvened.
Following lengthy discussion regarding utilities and roadway needs, Commissioner Reed
moved to recommend approval ofthe annexation request with the following conditions:
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Planning Commis.sion Minutes. AUgusl15. 1999
Page 7
Conditions:
1. The armexation be approved with the assumption of the City's bonded indebtedness.
2. The property will be zoned as RS-9, Residential Single Family Zoning upon
annexation and will include that portion of Doyle Road adjacent to the annexation
area.
3. Water, sewer, street, and storm drainage in the area shall be upgraded to meet City
LOS standards.
4. Upgrade will be made such that the annexed area complies with minimum City fire
flow requirements through the Unifonn Fire Code.
Findings:
1. On April 14, 1999, the Planning Department received an annexation request from
Mr. and Mrs. James Turner for a 4.53 acre area located south of US Highway 101 at
Euclid Street on Old Joe Road.
2.
On May 18, 1999, the City Council sent the request to the Planning Commission for
review and a recommendation and set a date to discuss the request with the applicants
for the City Council's June 1,1999, meeting, per RCW 35A.14.120."
3. Two property owners constitute the proposed annexation area.
4. The Comprehensive Plan land use designation and zoning in the proposed annexation
area is UR, Urban Residential in the Port Angeles Regional Comprehensive Plan.
5. The proposed annexation area is within the Port Angeles Urban Growth Area.
6. The nearest City utilities are located across (north) of US Highway 101 at this
location. The subject property fronts on US Highway 101.
7. The factors considered under RCW 35A.14.200 in review of annexation proposals
include "the configuration of the area, comprehensive use plans and zoning, the
likelihood of significant growth in the area and in adjacent incorporated and
unincorporated areas during the next ten years, location and coordination of
community facilities and services., the probable effect ofthe annexation proposal or
alternatives on cost and adequacy of services and controls in the area, and the effect
of the annexation proposal or alternatives on adjacent areas."
8.
The Port Angeles Comprehensive Plan as amended June, 1997, contains 10 policies
(Growth Management Element Policies BI-IO) directly related to annexations.
Planning Commission Minutes - Augus/25. 1999
Page 8
9.
The proposed promotional annexation must comply with the City's annexation
policies as established in the City's Comprehensive Plan and Resolution 18-78.
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10. Public notification of the proposed annexation action was provided per RCW
35A.14.130.
Conclusions
1. As conditioned, the proposed annexation is consistent with the City's annexation
policies as established in the Comprehensive Plan Growth Management Element
(policies B 1-1 0)
2. The City's policies encourage annexation within the Port Angeles Urban Growth
Area, which was established to accommodate growth which is expected to occur over
the next twenty years.
3. There is access to the site for urban services.
4. The proposed annexation is in the public interest.
Commissioner Reed added that he heard all the testimony presented and understood the
concerns of those present but he felt that the concerns are development issues that should be
addressed at the time of development, not at this time, as the applicant will be responsible
for development requirements of the annexation.
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Commissioner King seconded the motion which passed 5-0.
Acting Chair Hewins added that this item will be considered by the City Council on
September 21, 7 p.m., City Council Chambers, at which time a second public hearing will
be held.
MUNICIPAL CODE AMENDMENT - MeA 98-08 - ADULT
ENTERTAINMENT BUSINESSES: Revision to the City's zoning and
business license regulations pertaining to adult entertairunent businesses.
Planning Director Collins reviewed the Planning Department's staff report recommending
that the amendment be approved and noted that the amendment is intended to refine the
existing ordinance consistent with court cases with respect to First Amendment rights of the
public. The Acting Chair opened the public hearing.
In response to Commissioner Norton, Director Collins stated there are no such businesses
currently in the City, but, if the City desires to regulate adult entertairunent businesses, the .
proposed amendments would be in place. Restrictions in the current ordinance have not been
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Planning Commission Minutes - August 25. 1999
Page 9
found reasonable by various court actions.
There being no public testimony, Acting Chair Hewins closed the public hearing. Discussion
began with regard to distance between such uses, and that the wording requiring the
background infonnation of those holding business licenses to operate adult entertainment
businesses be strictly monitored.
Commissioner King moved to recommend that the City Council amend the City's
Municipal Code as proposed with regard to adult entertainment businesses citing the
following findings and conclusions:
Findings:
I. The City of Port Angeles adopted zoning and business license regulations pertaining
to adult entertainment businesses in 1988.
2. Since 1988, state and federal court decisions have provided further guidance as to the
legality of various types of adult entertainment business regulations.
3.
The City has reviewed the studies and experience of other cities and states including
Olympia, Bellevue, and Kent, Washington, Austin, Texas, and the State of Minnesota
in attempting to deal with the specific adverse impacts of adult entertainment
businesses.
4. As a class of uses, adult entertainment businesses are shown to be associated with
ongoing criminal activity such as prostitution, illegal drug transactions, disruptive
conduct, and other criminal activity.
5. The adjacency of adult entertainment businesses to residential and many commercial
uses reduces the value of residential and commercial property.
6. Business license regulations are a legitimate means of insuring that managers of adult
entertainment businesses comply with reasonable measures designed to protect the
general welfare of the community.
7. The proposed amendment is not intended to unreasonably suppress any speech
activities protected by the First Amendment to the U.S. Constitution or Article l,
Section 5 of the Washington State Constitution, but to enact regulations which
address the hannful secondary effects of adult entertainment.
Conclusions:
A.
Undesirable secondary effects of adult entertainment business can be minimized
through the adoption of specific zoning and business license regulations.
B. Adoption of zoning regulations for adult entertainment businesses is necessary to
limit a concentration of such businesses that would increase their adverse effects.
Planning Commission Minule5 - August 25. 1999
Page 10
C.
Law enforcement resources available for responding to problems associated with or
created by adult entertainment businesses are limited and are best conserved by
regulating and licensing adult entertainment businesses.
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Commissioner Norton seconded the motion, wbich passed 5 - O.
ELECTION OF OFFICERS
Commissioner Nutter nominated Commissioner Hewins as Chair for the remaining
1999 term. Tbe motion was seconded by Commissioner Reed, and passed 4-0, with
Commissioner Hewins abstaining.
Commissioner Nutter nominated Commissioner Reed as Vice Chair for the remaining
1999 term. The motion was seconded by Commissioner Norton, and passed 5 - O.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Salmon Watershed Plannini:
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Brad Collins provided a status report ofthe City's involvement in the salmon watershed
planning process. He noted that there are three main salmon recovery issues. First, the
County has hired John Cambalik, to direct the 2496 Lead Entity Group work in WRIAs
(Watershed Resource Inventory Areas) 17- 20 under the Salmon Recovery Act. This is a
joint effort of ten jurisdictions, and the City's representatives are Councilman Orville
Campbell and himself. Second, under the Watershed Planning Act, ClaUam County, Lower
Elwha Klallam and JamestOMl S'Klallam Tribes, the Agnew Irrigation District, and the City
of Port Angeles have received 2514 grant funds to initiate a watershed planning process. He
characterized the process so far as being quite successful and feels that there is a high degree
of consensus among the initiating governments and among the different watershed interest
caucuses working on the plan. Third, with the listing ofPuget Sound Chinook Salmon under
the Endangered Species Act, the City has been trying to respond to the federal regulation
writing process. The National Marine Fisheries Service (NMFS) will be proposing new rules
in October at the earliest.
Mr. Collins provided information with regard to the Worthington CUP application acted on
by the Planning Commission earlier in the evening. He noted that when the applicant came
into the Planning Department to inquire as to regulations that might pertain to the selling of
a structure as a duplex, she was informed that it was not a legal duplex. If the applicant had
not then attempted to correct the problem, staff would have enforced the Zoning Code and
sought action in the issue. This was not the case, since the applicant wanted to correct the
problem immediately and applied for the CUP.
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Planning Commission Minutes -August 25.1999
Page 1 I
REPORTS OF COMMISSION MEMBERS
Commissioner Norton reported that he is feeling much better and thanked staff and the
Commission for the get well card.
Commissioner Nutter noted that the Planning Commission is not involved in the City's
Gateway Project. She said that the project is huge in scope and will potentially affect many
City projects in the future. She asked that the Planning Commission become involved with
both the City's Gateway Project and the State Route 101 transportation meetings. Planning
Director Collins indicated that we could get a Planning Commissioner involved in these
projects and asked for volunteers to contact him.
Commissioner Nutter noted the American Planning Association August newsletter article
authored by Planning Director Collins.
Commissioner Hewins asked why the 'T' Street improvements did not add bicycle lanes.
Commissioner Reed asked ifMaI)' Craver's position would be filled soon. Director Collins
said that the City Clerk would be advertising for applicants right away.
The Commissioners asked Planning Director Collins to invite the new City Manager to the
next regular meeting for a brief introduction. (Note: In checking with Manager Quinn, his
calendar does not permit an introductory visit on 9/8/99. He has confirmed that he will stop
in at 6:45 p.m. on 9/22/99.)
ADJOURNMENT
The meeting adjourned at 10:30 p.m.
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PREPARED BY: S. Roberds
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PLANNING COMMISSION ATTENDANCE ROSTER
AND SIGN UP SHEET
PLEASE SIGN IN
For the items listed on the Agenda of: a~ cXS [999
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Please read the following: If I testify I by signature below, I certify that my testimony is
true and correct under penalty of perjury by the laws of the State of Washington.
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