HomeMy WebLinkAboutMinutes 10/23/1991
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AGENDA
PORT ANGELES PLANNING COMMISSION
City Council Chambers
321 East Fifth Street
Port Angeles, W A 98362
October 23 1991
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
m. APPRO V AL OF MINUTES: Meeting of October 9, 1991
IV. PUBLIC HEARING:
1.
PROPOSED INTERIM WETLANDS AND ENVIRONMENTALLY
SENSITIVE AREAS PROTECTION ORDINANCES. City-wide: Proposed
ordinances (2) which would establish regulations for the identification and
protection of critical areas, such as wetlands, wildlife habitats, geologically
hazardous and frequently flooded areas. (Continued from meeting of
September 25, 1991.)
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
1. Budget Report
VII. REPORTS OF COMMISSION MEMBERS
1. PRD Zoning Code Amendment
Vill. ADJOURNMENT
All correspondence pertaining 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.
Planning Commission: Ray Gruver, Chair; Cindy Souders, Vice-Chairj Jim Hulett; Roger Catts; Larry Leonard; Bob Philpott; Bill Anabel.
Planning Staff: Brad Collins, Planning Director; Sue Roberds, Planning Office Specialist; John Jimerson, Associate Planner; David Sawyer,
Senior Planner.
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PLANNING COMMISSION
Port Angeles, Washington
October 23, 1991
I CALL TO ORDER
Chairman Gruver called the meeting to order at 7:00 P.M.
II ROLL CALL
Members Present:
Ray Gruver, Bob Philpott, Bill Anabel,
Larry Leonard, Cindy Souders, Jim Hulett.
Members Excused:
Roger Catts.
Staff Present:
Brad Collins, David Sawyer.
III APPROVAL OF MINUTES
Mr. Philpott noted that on page 6, Fran Burch's address should
read 1036 East First street.
Mr. Leonard moved to accept the corrected minutes of October
9/ 1991. The motion was seconded by Mr. Philpott, and passed
6 - O.
IV PUBLIC HEARING
PROPOSED INTERIM WETLANDS AND ENVIRONMENTALLY SENSITIVE
AREAS PROTECTION ORDINANCES, City-wide: Proposed
ordinances (2) which would establish regulations for the
identification and protection of critical areas, such as
wetlands, wildlife habitats, geologically hazardous and
frequently flooded areas. (Continued from meetings of
Julv 31. 1991. and September 25. 1991.)
Mr. Sawyer reviewed the Department Report and the related
errata sheet, noting additional corrections and recommended
inclusions. Mr. Collins briefed the Commission on staff's
recommendation to include King county's Environmentally
Sensitive Ordinance section on reasonable use in both of the
proposed ordinances. Mr. Anabel and Chairman Gruver noted
they had listened to~the~tap,es "o,L,:the.~pr.av.i.ous_public hearings
at which they had been absent.
Chairman Gruver opened the public hearing at 7:10 P.M.
Norman Brooks, 723 Elizabeth Place, expressed continued con-
cern about a wetland off Melody Lane, and he wanted his
testimony on October 9, 1991, to be included as part of the
public record for the hearing on the critical areas ordi-
nances. Mr. Brooks pointed out that this wetland is being
drained by a new north/south ditch as part of the work that is
going on at that location. He has contacted the State
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PLANNING COMMISSION
October 23, 1991
Page 2
Department of Wildlife regarding this and suggested the city
consider a moratorium on this type of work until these
ordinances are adopted. He urged the Commissioners to read an
article in the October 23, 1991, Seattle Post-Intelliqencer.
Bill Dawson, 1224 West Fourth street, expressed his support of
these ordinances, in some form at least, until some State or
Federal guidelines are adopted. He stated he does take
exception to section 7.4 of the wetlands ordinance regarding
limited density transfer, which allows for increased density
of dwelling units if wetlands and bluffs remain intact. He
indicated he would support this only if these areas are
otherwise protected by city zoning, state and Federal regula-
tions. Otherwise, this section degrades the purpose of the
ordinance.
Art Dunker, 2114 West Sixth Street, expressed his concern
about restrictions regarding stormwater runoff and the costs
associated with mitigating such runoff. He requested that
stormwater runoff from residences be excluded from control,
due to the added cost to prospective homeowners. Mr. Dunker
also asked if the maps referenced in the ordinances have been
completed.
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staff responded by stating there are various maps on file in
the Planning Department which have been received from state
and Federal agencies, and the information on these maps will
be placed on a composite critical area map. This map is a
general map and is not to be used for regulatory purposes.
The only City map available currently is one showing environ-
mentally sensitive areas as identified by the SEPA Ordinance.
A series of maps will be produced for the final adoption of
the ordinances. staff also pointed out that the issue of
stormwater runoff is addressed in the proposed clearing and
grading ordinance.
Mr. Leonard questioned staff about the authority for minimum
guidelines, as required by the state of Washington. Mr.
Collins responded that the City had been working earlier with
an interpretation that "the minimum guidelines shall be
considered" meant we had less discretion to vary from those
minimum guidelines without developing our own expert rationale
for wetlands regulations. However, in a conversation today
with steve Wells, who is the state's critical areas expert, he
indicated ,that ~he min:hmumrguidelines.. are not minimums but
--"'just- guidelines that- shall be considered. It was noted that
the City could request up to three months' additional review
time, but our agendas have also been scheduled for a great
number of other deadlines.
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Nita Frantz, P. O. Box 748, provided the Planning commission
with a copy of an October 9, 1991, opinion from the Attorney
General's Office stating that the Department of Ecology did
not have authority to require the model wetlands ordinance.
Ms. Frantz indicated she was representing the North Olympic
Home Builders Association and had received the information
PLANNING COMMISSION
October 23, 1991
Page 3
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from Jan Teague of the Building Industry Association of
Washington.
Mr. Hulett noted from the AGO, that while DOE did not have
authority, the City can under the Growth Management Act.
Art Dunker, 2114 West Sixth Street, agreed that the AGO said
no state authority, although local ordinances can embody no
net loss of wetlands.
Linda Nutter, 1701 East Third Street, said she was totally
confused and that we may need some delay before approving the
wetlands ordinance, but not forever, because the public needs
these critical areas protected.
Ken Schermer, 738 West sixth street, indicated that he was a
member of the Growth Management Advisory Committee and
suggested that the user guide in the GMAC draft cover memo be
used to explain the interim nature of these guidelines. He
urged their adoption for the public to see how the guidelines
work and for the public to evaluate their implementation.
Chairman Gruver noted that staff had presented them that way
to the Planning commission.
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Mr. Leonard asked how the interim ordinances would affect
affordable housing. Mr. Schermer responded not much with
wetlands, because there are few wetlands in Port Angeles, but
more affected by environmentally sensitive area regulations
(for example, viewsheds in reference to a correction on page
30 found in the errata sheet). He went on to say that yes,
there is going to be an impact.
Mr. Leonard asked if the cure was going to be worse than the
illness. Mr. Schermer answered no, as the City needs to
preserve stream corridors. He was also concerned the City may
have to buy private property, which is a real problem.
There being no further public testimony, Chairman Gruver
closed the public hearing at 7:50 P.M.
Mr. Leonard asked staff about the questions raised about DOE's
authority. Mr. Collins responded that DOE has the expertise
to write model ordinances and that the city relied on that
expertise. ..However I .. w~"^ have"""more_disc.r.etion...to.change the
wetlands model ordinance, if we choose.
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Mr. Leonard asked if DOE was writing a State-wide law for the
State to adopt. Mr. Collins said no; that their intention was
to write a uniform ordinance for all jurisdictions. Mr.
Collins went on to explain staff's and GMAC I S approach to
model wetlands and the other ordinances I approach for environ-
mentally sensitive areas. He explained that the GMAC accepted
less restrictive setbacks for environmentally sensitive areas
but not for wetlands.
PLANNING COMMISSION
October 23, 1991
Page 4
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Ms. Souders explained that the review started back in June and
that the GMAC did not just accept any of the proposed language
but went through page by page, and in some cases spent whole
days on just one paragraph, before unanimously recommending
the interim ordinances after all the review was completed.
Mr. Collins noted the editorial corrections suggested by the
Public Works Department.
Chairman Gruver asked whether the GMAC would change their
recommendations, such as on wetlands setbacks, as they had
done for environmentally sensitive areas, if they knew they
had more discretion. Ms. Souders responded that she would
not; that she thought it should be made stronger and referred
to eight loopholes which she had found in the language.
Mr. Collins suggested several options for the Planning
Commission to consider:
1. Review the recommended ordinances, make changes, and
recommend critical area ordinances to the City Council
for November 19th action, before the December 1st
deadline. (Reviews could take place on October 23rd,
October 30th, or November 6th.)
2.
Request December 1st extension up to three months and ask
for GMACjstaff review of certain issues.
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3.
Do both, since GMAC normally meets Wednesday mornings and
therefore could meet again prior to October 30th or
November 6th.
Mr. Hulett asked if interim ordinance approval then goes to
the state for approval. Mr. Collins indicated once the City
approved interim ordinances, they would be sent to the State.
The State would review and may not accept the City's interim
ordinances if they are not as restrictive as the minimum
guidelines; but nothing is spelled out in GMA if the state
rejects the City's interim ordinances.
Mr. Leonard asked about taxes being withheld. Mr. Collins
indicated that sanction was in 1025 for County-wide planning
policy inaction. Sanctions for failure to meet the September
I, 1991, critical areas deadline are not known, except for
difficulty in receiving future GMA assistance grants.
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Mr. Hulett asked. if the County need approve the interim
ordinances. Mr. Collins said no, it was a City decision, and
noted that the AGO says there is local authority and that some
jurisdictions adopted such ordinances before the Growth
Management Act was passed.
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Mr. Anabel noted that the ordinances were interim only. Mr.
Collins stated the ordinances would go into effect and give us
real-life examples of where they might fail to protect wet-
lands or might stop a housing development on Melody Lane, for
example. Mr. A1?-abel stated we need to test the interim
PLANNING COMMISSION
October 23, 1991
Page 5
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ordinances.
Chairman Gruver went over the options again. Mr. Leonard
asked why we should adopt such regulations when Federal and
state agencies cannot figure out what should be done. Mr.
Collins explained that our ordinances are based on the latest
version of Federal and state definitions, maps, and
methodologies.
The Planning Commission decided they wanted to have language
which specifically makes our requirements change if the
Federal and state requirements change. Mr. Collins pointed
out language on page 8, section 2(C) (c), page 11, Section 4.2,
and pages 12 and 13, section 4.4, where these changes had
already been made. Ms. Souders asked that we add the language
to keep the maps current.
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The Planning Commission decided to incorporate the reasonable
use exception on pages 25 through 27 of wetlands and pages 37
through 38 in environmentally sensitive areas. Mr. Collins
requested that we not replace those sections, but combine and
incorporate the King County language. Ms. Souders questioned
why we have reasonable use exceptions. Mr. Collins indicated
it makes the administration easier by showing the process and
it keeps our ordinances in line with the State Supreme Court
decision on takings by this type of regulation.
The Planning Commission agreed to leave references to reason-
able use exceptions on page 25 of Wetlands and page 20 of
Environmentally Sensitive Areas, and to place the reasonable
use exception in a separate section in each ordinance.
A lengthy discussion followed, explaining the reasonable use
exception, using the PresbyterY v. King County Supreme Court
case. Mr. Leonard asked if the Ordinances called for
automatic just compensation. Mr. Collins indicated no, but
Constitutional rights against taking without just compensation
cannot be ignored.
Mr. Philpott noted a correction on page 25, section 7.2(C),
referncing Categories 2 and 3.
Mr. Philpott moved and Mr. Anabel seconded the inclusion of a
new section .for: reasonable use ~,exception, ,with language
~'providing for'just compensation when a taking occurs. The
motion passed 6 - O.
The Planning Commission took a break at 9:40 P.M. and returned
to session at 9:55 P.M.
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Chairman Gruver moved audience comment onto the agenda, due to
the lateness of the hour.
Art Dunker, 2114 West Sixth Street, questioned whether the
revised clearing and grading ordinance was premature, since
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PLANNING COMMISSION
October 23, 1991
Page 6
the builders had scheduled a meeting with staff to review the
ordinance. Mr. Collins said that the October 21st clearing
and grading revisions responded to concerns given previously
and made the ordinance more simple. He indicated a November
4th meeting had been scheduled with Jan Teague and that the
city Council had signaled that it would not be addressing the
issue on November 5th or 19th.
There being no further audience comments, Chairman Gruver
returned the discussion back to the critical areas ordinances.
The Planning Commission went through a long series of specific
changes, with the following results, either approved by
consensus, or passed unanimously:
Wetlands, page 16, section 5.2(b), added the words IIbut
not limited to".
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Environmentally Sensitive Areas, page 19, deleted the
words "by the applicant" after "proposed boundary", and
added that the applicant shall pay for study costs.
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Environmentally sensitive Areas, page 32, deleted Section
D, Steep Slopes.
Environmentally Sensitive Areas, page 8, deleted the
words "5. Steep slopes" from the definition of critical
areas.
Environmentally Sensitive Areas, page 31, section 2,
added a new small letter b. that would preserve and/or
replace vegetation on steep slopes.
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Environmentally Sensitive Areas, page 24, g, deleted the
words IIslopes 15 - 25%, 25 - 4~%, andll if they are no
longer needed.
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Environmentally Sensitive Areas, page 3D, deleted the
word "public" before IIviewshed enhancement".
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Environmentally Sensitive Areas, page 41, section d.3,
added "appropriate standards for urban trails from
staff".
Environmentally Sensitive Areas, page 42, section f.1,
added ..the. words, }I.unl~ss._other.w:ise_al.lowed,..by Department
of Fisheries".
Mr. Philpott moved and Ms. Souders seconded approval of the
interim wetlands protection ordinance, which passed
unanimously.
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Mr. Hulett moved and Mr. Anabel seconded a recommendation to
the City Council to approve the Interim Environmentally
Sensitive Areas Protection Ordinance, as amended, and with
staff corrections, which motion passed unanimously.
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D.
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PLANNING COMMISSION
October 23, 1991
Page 7
Mr. Hulett moved and Mr. Anabel seconded to recommend adoption
of the staff's October 23rd memo, citing the following
findings and conclusions:
Interim Wetland Protection Ordinance:
FINDINGS:
1. Wetlands and their buffer areas are valuable and fragile
natural resources with significant development
constraints due to flooding, erosion, soil liquefaction
potential, and septic disposal limitations.
2. In their natural state, wetlands provide many valuable
social and ecological services, such as controlling flood
waters, preventing shoreline erosion, providing areas for
groundwater recharge, providing wildlife habitat, and
providing open space and recreation opportunities.
3. Development in wetlands results in increased soil
erosion, degradation of water quality, wildlife habitat
and groundwater recharge areas.
4.
Buffer areas surrounding wetlands are essential to the
maintenance and protection of wetland functions and
values.
CONCLUSIONS:
A. The loss of the social and ecological services provided
by wetlands results in a detriment to public safety and
welfare; replacement of such services, if possible at
all, can require considerable public expenditure.
B. A considerable acreage of these important natural
resources has been lost or degraded by draining,
dredging, filling, excavating, building, polluting, and
other acts inconsistent with the natural uses of such
areas. Remaining wetlands are in jeopardy of being lost,
despoiled, or impaired by such acts.
C.
It is therefore necessary for the City of Port Angeles to
ensure maximum protection for wetland areas by discourag-
ing.development~activities.in..wetlands_.and those activi-
ties at adjacent sites that may adversely affect wetland
functions and values; to encourage restoration and
enhancement of already degraded wetland systems; and to
encourage creation of new wetland areas.
The adoption of this ordinance and the protection of the
City'S wetlands is consistent with Sections 2(9,10),
5(1), 6(1) and 17(1,d) of the Growth Management Act
(ESHB2929); Section 21(2) of the Act's 1991 Amendment
(RESHB1025) ; and the following policies listed in Chapter
6 of the city Comprehensive Plan:
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PLANNING COMMISSION
October 23, 1991
Page 8
Goal:
"A community where development and use of the land are
done in a manner that is compatible with the environment,
the characteristics of the use and the users."
Residential Policies Nos. 12 and 13:
12. Residential developments should preserve and
capitalize on existing unusual, unique and
interesting natural features, should utilize and
preserve scenic views, should maximize southern
exposures, should offer protection from the
prevailing winds, and should be designed to
minimize energy use.
13.
Building density should decrease as
constraints, such as slope, drainage
conditions increase.
natural
and soil
Open Space Policies Nos. 2, 3, and 4:
2. Areas with severe physical constraints should not
be intensively developed.
3. Wherever possible, unique environmental and topo-
graphic features should be preserved.
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4. Natural topographic conditions and soil conditions
should be a major determinant of the intensity of
development of all areas of the community.
Land Use Objectives Nos. I, 3, 6, 7:
1. To encourage the most appropriate use of the land
in Port Angeles.
3. To conserve and restore areas of natural beauty and
other natural resources.
6. To promote a coordinated development of the unde-
veloped areas of the city and of the surrounding
suburban area.
,_ 7. ._}J?9'H~guide....,:the_ph1lSicaL....de.v.elopment _of _the area
through planning and planning implementing methods.
E. The adoption of this ordinance is in the best interest of
the public health, safety, and welfare.
Interim Environmentally Sensitive Areas Protection Ordinance:
FINDINGS:
1. Development in stream corridors results in siltation of
streams, loss of stream corridor vegetation, elimination
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PLANNING COMMISSION
October 23, 1991
Page 9
of wildlife and fish habitat, increased peak flow rates
and decreased summer low flow rates, stream channeli-
zation, piping of streamflow and crossing of streams by
culverts. and construction near or within streams.
2.
Development of geological (erosion, landslide, seismic)
hazard areas results in potential threat to the health
and safety of residents and employees of local
businesses, potential damage or loss to public and
private property, potential degradation of water quality
and the physical characteristics of waterways due to
increased sedimentation, potential losses to the public
as a result of increased expenditures for replacing or
repairing public facilities.
3.
Development of fish and wildlife habitat areas results in
losses in the numbers and varieties of aquatic and
terrestrial wildlife species: loss of streamside vege-
tation: loss of opportunities for outdoor recreation such
as hunting, fishing, bird-watching, sightseeing and
similar activities: loss of economic opportunities in
forestry, fisheries, shellfish and tourism industries:
and loss of opportunities for scientific research and
education.
4.
Development of locally unique land features (ravines,
marine bluffs, beaches) results in disruption of the
natural functioning of regional surface drainage systems
and the aquatic and terrestrial wildlife, increased
threats to life and property as a consequence of exposure
to geologic hazards and flooding, disruption of natural
longshore drift processes, destruction of natural green-
belts, and lbss of opportunities for trail systems and
other forms of passive recreation.
CONCLUSIONS:
A. It is therefore necessary for the City of Port Angeles to
ensure maximum protection for environmentally sensitive
areas by discouraging development acti vi ties in such
areas and those activities at adjacent sites that may
adversely affect the natural functions and values of such
areas: and to.encourage restoration and enhancement of
alreagy degraded environmental~~,sensitive .areas.
B.
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The adoption of this ordinance and the protection of the
city's environmentally sensitive areas is consistent with
Sections 2(9,10), 5(1), 6(1) and 17(l,d) of the Growth
Management Act (ESHB2929): Section 21(2) of the Act's
1991 Amendme~t (RESHB1025): and the following policies
listed in Ch~pter 6 of the City Comprehensive Plan:
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PLANNING COMMISSION
October 23, 1991
Page 10
Goal:
"A community/where development and use of the land are
done in a manner that is compatible with the environment,
the characteristics of the use and the users."
Residential Policies Nos. 12 and 13:
12. Residential developments should preserve and
capitalize on existing unusual, unique and
interesting natural features, should utilize and
preserve scenic views, should maximize southern
exposures, should offer protection from the
prevailing winds, and should be designed to
minimize energy use.
13. Building density should decrease as natural
constraints, such as slope, drainage and soil
conditions increase.
Open Space Policies Nos. 2, 3, and 4:
2. Areas with severe physical constraints should not
be intensively developed.
3. Wherever possible, unique environmental and topo-
graphic features should be preserved.
4. Natural topographic conditions and soil conditions
should be a major determinant of the intensity of
development of all areas of the community.
Land Use Objectives Nos. 1, 3, 6, 7:
1. To encourage the most appropriate use of the land
in Port, Angeles.
3. To conserve and restore areas of natural beauty and
other natural resources.
6. To promote a coordinated development of the unde-
veloped areas of the city and of the surrounding
suburban area.
,7. To ~guide .the_.physical ,development of the area
through planning and planning implementing methods.
C. The adoption of this ordinance is in the best interest of
the public health, safety, and welfare.
On call for the question, the motion passed unanimously.
V COMMUNICATIONS FROM THE PUBLIC
None.
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PLANNING COMMISSION
October 23, 1991
Page 11
VI STAFF REPORTS
Budqet Report
Mr. Collins said we do not yet have the City Manager's
recommendations on the 1992 Planning Department budget.
Primary concern will be about the timing of the EIS on the
Comprehensive Plan update for Growth Management.
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Mr. Anabel indicated that he did not wish to renew his APA
membership for 1992.
Staff and the Planning Commission discussed copies of the
simplified version of the clearing and grading ordinance, DBC
Chapter 70, clearing and grading ordinance benefits memo, and
Norman Brooks' letter responding to concerns about the Melody
Lane wetlands, which were all delivered to the Planning
Commissioners on October 21, 1991.
The Planning Commissioners requested that the Public Works
Director explain the differences between the old and the new
UBC Chapter 70 and why a separate clearing and grading
ordinance was better.
VII REPORTS OF COMMISSION MEMBERS
PRD Zoning Code Amendment
Mr. Collins discussed the Innovative Housing Committee's
proposed PRD amendments and the need for the Planning
Commission to report to the City Council before action should
be taken. Discussion followed on the legal requirements and
best policies for public hearings on zoning code amendments
and on listening to tapes of public hearings according to the
city Attorney's memorandum. The Commission decided that they
would not report on the PRD amendments without holding a
public hearing, which was then scheduled for November 13,
1991.
Ms. Souders asked that enough money be budgeted for heat in
the City Council Chambers on the second and fourth Wednesday
evenings of each month.
Mr. Leonard asked that the microphones be repaired to avoid
the echoing which occurs, particularly on microphone No.2.
Mr. Hulett indicated that the cars for sale in the Pay 'N Save
parking lot were again a problem'.
Ms. Souders moved and Mr. Anabel seconded that the Planning
Commission ask ~e City council to explore funding for
providing sidewalks around public schools, which passed
unanimously.
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PLANNING COMMISSION
October 23, 1991
Page 12
VIII ADJOURNMENT
The meeting was adjourned at 12:1
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