HomeMy WebLinkAboutMinutes 05/08/2002
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WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
321 East Fifth Street
May 8, 2002
I,
CALL TO ORDER
7 p.m.
II. ROLL CALL
III. APPROVAL OF MINUTES: Meeting of April 24, 2002.
IV. PUBLIC HEARINGS:
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1.
EXTENSION OF CONDITIONAL USE PERMIT -CUP 01-02 - FARMER'S
MARKET. 223 East Fourth Street: Request for extension of a conditional use pennit
to allow the continuation of a fanner's market activity in the RHD, Residential High
Density zone.
2. CONDITIONAL USE PERMIT - CUP 02-02 -PORT ANGELES FARMER'S
MARKET, Laurel Street between Front and First Streets: Request to allow a farmer's
market activity in the Central Business District on Wednesdays between the hours of
4 p.m. to 7 p.m. June to October.
3. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-01 -
PORT OF PORT ANGELES. 202 North Cedar Street: Request for a shoreline
substantial development pennit to allow a washdown facility in the Industrial Heavy
zone.
4. ENNIS CREEK ESTATES PRELIMINARY SUBDIVISION - Del Guzzi Drive:
Proposal to subdivide approximately 32 acres into 30 residential single family
building sites in the RS-9, Residential Single Family zone.
5, 2002 PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN:
Annual amendments to the City's Comprehensive Plan
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v.
CONTINUED BUSINESS:
PROPOSED MUNICIPAL CODE AMENDMENTS - MCA 01-02 - CITY OF PORT
ANGELES. City-Wide: Suggested changes to the City's sign, parking, environmental,
subdivision, and zoning regulations (Titles 14-17). The changes were largely recommended
by the Citizens Code Advisory Committee appointed by the City Council in 200 I. (Continued
discussion from April 24, 2002.)
VI.
COMMUNICATIONS FROM THE PUBLIC
VII,
STAFF REPORTS
VIII.
REPORTS OF COMMISSION MEMBERS
IX.
ADJOURNMENT
PLANNING COMMISSIONERS: Linda Nutter (Chair), Chuck Schramm (Vice), Fred Hewins, Fred Norton, Bob Philpott, Mal)' Cmver, Rick Porter
PLANNING STAFF: Brad Collins, Direclor; ScoltJohns, Associate Planner; Sue Roberds, Assislant Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
May 8, 2002
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Chuck Schramm, Mary Craver,
Rick Porter, Leonard Rasmussen
Members Excused:
Fred Hewins
Staff Present:
Brad Collins, Sue Roberds, Scott Johns, Ken Dubuc, Trenia
Funston, Jim Mahlum
Public Present:
Susan Bauer, Kim Johns, Eycke Strikland, Cindy Kochanek,
Don and Virginia Frizzell, AI and Ian Hare, Dr. and Mrs. Jim
Mantooth, Gary Colley, Tom and Marge Carter, Michele
Verlander, Patricia Worker, Joyce Stilwell, Leonard Beil
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APPROVAL OF MINUTES
Commissioner Craver noted a correction to discussion regarding her opinion on changing message
versus balloon signs on page 2 of the April 24, 2002 minutes. Chair Schramm noted that the
Commission had an extensive discussion on balloons, fluttering devices, and pennants at the April
24, 2002 meeting (beginning on page 2), and asked that the summary of that discussion be expanded
upon. Philpott moved to continue review of the April 24, 2002, minutes to May 22, 2002. The
motion was seconded by Commissioner Porter and passed 5 - 1 with Commissioner Norton
abstaining due to his absence at the meeting.
PUBLIC HEARINGS:
EXTENSION OF CONDITIONAL USE PERMIT - CUP 01-02 - FARMER'S
MARKET~ 223 East Fourth Street: Request for extension of a conditional use permit to
allow the continuation of a farmer's market activity in the RHD, Residential High Density
zone.
Assistant Planner Sue Roberds reviewed the Department Report recommending extension of the
conditional use permit as proposed. In response to a question, she responded that no concerns had
been noted by the Clallam County Health Department with regard to the year's activity or the use
of sanitary facilities at the Clallam County Sheriff's Department. Chair Schranun opened the public
. hearing.
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Planning Commission Minutes
Mny 8. 2002
Page 2
Kim Johns, 3781 Lost Mountabr Road, Sequim 98382 was present for questions. Mrs. Johns
explained that initial conflicts with scheduled activities at the Vem Burton Community Center seems
to have been resolved. The market grossed $85,000 in sales during the past year with $70,000 being
from local vendors and craftspeople. She added that the ability to have music at the market adds to
the level of enjoyment of customers and has proven to be a good draw. Two petting zoos were held
during the past year with great success. The activities offer a chance to understand how animals
relate to fann products and provides an educational opportunity for 4H children to show their
animals. The market coordinators originally intended to only operate for a short season; however,
the availability of items for sale diminished only slightly over the winter, and operation was
continued year 'round with the exception of those dates blacked out due to conflict with community
uses at the Vern Burton Community Center (VBCC).
Eycke Strikland, 613 Cedar Park Drive, Port Angeles, 98362 has been a patron of the market for
the past year. It is a fantastic opportunity and she is most appreciative of the products offered for
sale. She urged approval of the extension request.
There being no further comments, Chair Schramm closed the public hearing. The Commission
complimented Mrs. Johns and her associates on their operation ofthe market over the past year.
Planner Roberds pointed out that a petting zoo activity was approved as a one time event under the
original permit. lfthe Commission wishes to allow such a use as part of the regular fanner's market
activities, such approval should be added as a condition and supported by a supportive finding.
The Commission was polled as to their thoughts on petting zoo activities at various times during the
year. Commissioner Craver was not opposed to such activities as long as they would be restricted
to a couple oftimes a year rather than on an on-going basis. Her concern was mainly due to the zoo
use combined with the sale of food items. Commissioner Rasmussen agreed that the market
activities promote local products and craftspeople.
Commissioner Porter asked Mrs. Johns how many petting zoos she would like to have a year. Mrs.
Johns responded that petting zoos are an educational experience for children visiting the market and
should be encouraged. She suggested that six activities per year be allowed.
In continuing the polling, Chair Schramm did not have a problem with petting zoo activities at the
fanner's market as long as Health Department concerns are addressed. Commissioners Norton and
Philpott had no concerns.
Commissioner Norton moved to approve the conditional use permit extension as proposed
citing staff's proposed findings with an additional condition addressing petting zoo activities
and supported by the following findings and conclusions:
Conditions:
1.
The extension is for Conditional Use Permit CUP 01-03, as described in the application
submitted on May 7, 2001, and requested for extension on March 21, 2002.
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Planning Commission Minutes
May 8, 2002
Page 3
2.
Products to be sold shall be limited to locally grown plants, food or food products and
associated, arts and crafts. Products sold will be limited to Market Membership Guidelines
for the Washington State Fanners Market Association, excluding adjacent Idaho and Oregon
counties. The use shall not evolve into becoming a .flea market or street fair.
3. Compliance with State and County requirements for handling and sale offood and/or food
products is required. Sanitation facilities shall be provided according to State and County
health code requirements.
4. Consumption of electric power, water, or garbage collection shall receive prior approval
from the City and appropriate compensation shall be made by the farmer's market
administration.
5. The Market shall not be open on those days when County or City facilities have scheduled
specific events that require use of the parking area. The Market Association shall coordinate
with the City and County to be informed of these scheduled events, one ofwruch is the Juan
de Fuca Festival.
6. The Market shall provide the City with a certificate of insurance naming the City as an
additional insured on a yearly basis.
7.
Approval of CUP 01-03 shall be valid until May 8,2007, or until such time as the lease with
Clallam County is tenninated, whichever occurs first.
8. Signs advertising the use shall be limited to two signs on the property that do not exceed 6
square feet each in size. In addition, directional signs to the site shall comply with
City/Department of Transportation requirements. The only temporary signs allowed shall
be those used on Friday evenings on the site to advise users of the parking lot to vacate the
area on Saturdays.
9. The market administration shall ensure that vendors and patrons are aware that the City's
east parking lot and on-street parking along Fourth Street adjacent to the Vem Burton
Community Center (VBCC) are not used by patrons and vendors of the farmer's market
during those periods when the VBCC is rented. In the event that educational outreach is not
successful, temporary signage shall be placed by the fanner's market during those times
when use ofthe City's parking areas is not available to fanner's market parking activities.
10. Low amplified music is permitted from 10 a.m. to 4 p.m.
11. Petting zoo activities will be permitted to a maximum of 6 per year and shall be operated
under the supervision of the Clallam County Health Department.
Planning Commission Minutes
May 8, 2002
Page 4
. Findings:
1. Conditional Use Pennit CUP 01-03 was approved on June 13, 2001, to allow a farmer's
market activity in the RHD/PBP zone.
2. The site is located in the east parking area of the Clallam County Courthouse which is
located at 223 East Fourth Street.
3. The subject property was zoned Residential, High Density when the conditional use pennit
was originally approved. However, the property was rezoned in 2002 to PBP, Public
Buildings and Parks (pBP. The subject activity could be considered as a conditional use
permit in the PBP zone.
4. The conditional use permit is for a local fanner's market where artisans can sell their goods
to the public. The market area will be operated in approximately 40 parking spaces located
at the east end of the parking lot.
5. The hours of operation will be from 9 a.m. to 4 p.m. every Saturday. Approximately 30-40
vendors will participate. The site is considered an interim location until a permanent site can
be found.
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6.
Public health and interest are maintained by addressing environmental health requirements
for hand washing and restroom facilities, addressing compatibility with adjacent uses and the
integrity of city zones, providing adequate off-street parking, and through compliance with
local sign code requirements.
7. Farmer's markets are widely supported as a community activity.
8. The main courthouse structure is closed on Saturdays, except for the sheriffs office and jail
which are open on weekends. As the property owner and manager, the County should be
responsible for addressing any conflicts with demands on parking at its facility.
9. Access to the subject parking lot can be made from both Fourth and Peabody Streets, both
of which are improved City streets.
10. Adjacent uses include City facilities to the south across Fourth Street, professional offices
and open space to the east across Peabody Street, commercial uses and a trailerlRV park to
the north, and commercial uses to the west. The County property abuts Peabody Creek
ravine to the north. The City and County offices often have events that utilize the Vem
Burton complex, or meeting rooms at the Courthouse which require adequate parking. Major
events such as the Juan de Fuca Festival require that the Farmer's Market not be open on that
weekend. There may be other weekends that are in conflict during the year.
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11.
Clallam County Environmental Health Department regulations will be complied with by
farmer's market participants. Sanitation facilities are available in the area per Health
Department requirements.
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Planning Commission Minutes
May 8. 2002
Page 5
12.
The Comprehensive Plan was reviewed during the initial conditional use permit hearing
process. The following goals and policies are the most relevant to the proposal: Land Use
Goals A, D, and E and Policies AI, A2, and D2, Utility and Public Services Goals C,
Economic Development Goals A and B, and Policy A2.
13. PAMC 17.96.070(E) allows for extensions of approved conditional use permits for a period
of one to five years as long as: (1.)The use complies with the permit conditions; and (2.)
There have been no significant, adverse changes in circumstances.
14. Under PAMC 14.40.100, Cooperative Provisions, parking facilities may be cooperatively
used by different land uses, when the times of the use of such parking spaces by each use are
non-simultaneous. The courthouse currently has 240 parking spaces which the proposed
market would encompass up to 40. In addition, the vendors would also need at least 80
spaces (two spaces per vendor), leaving 160 parking spaces for customers at the County
facility. As noted in the application, an expected 200 persons would visit the site per day.
15. The SEPA Responsible Official issued a Determination of Non significance on June 1,2001.
16. Clallam County Public Works Director Craig Jacobs was notified of the request for extension
by the applicant. No comments were received.
17.
The City Police, Public Works and Utilities, and Building Division had no comments. The
City's Parks Department voiced no objections to the extension at this time provided that
specific direction is given as to the parking issues.
18. Public notice of the extension proposal was made in compliance with PAMC 17.96.140. No
written public comments were received within the written comment period timeline.
19. The applicant requested that petting zoo activities be permitted up to a maximwn of 6 times
per year.
Conclusions:
A As conditioned, extension of Conditional Use Permit CUP 01-03 is consistent with the
purpose and intent ofthe Zoning Code.
B. As conditioned, the activity is in the public interest and general welfare and complies with
the original permit conditions of approval.
C. There have been no significant, adverse changes in circumstances.
D.
As conditioned, CUP 01-03 meets the requirements for approval of a conditional use permit
as specified in Section 17.96.050 PAMC and the extension complies with Section
17.96.070(E) P AMC.
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Planning Commission Minutes
May 8. 2002
Page 6
Commissioner Porter seconded the motion which passed 6 ~ 0,
CONDITIONAL USE PERMIT - CUP 02-02 -PORT ANGELES FARMER'S
MARKET. Laurel Street between Front and First Streets: Request to allow a farmer's
market activity in the Centra] Business District on Wednesdays between the hours of 4 p.m.
to 7 p.m. June to October, 2002.
Associate Planner Scott Johns presented the Planning Division's staff report recommending approval
of the conditional use permit. Commissioner Philpott asked if30 - 40 vendors are proposed, how
will only 12 parking spaces be needed for the use? Planner Johns responded that the market
management is working with the Port Angeles Downtown Association to provide parking for
vendors at outlying locations. Two main vendors are expected to anchor the north and south
perimeters of the market location with most other vendors unloading their products and removing
their vehicles from the area.
Commissioner Norton asked if access to the parking lot located at the northeast comer of Laurel and
First Street and the FrontlFirst Alley in that location will remain accessible to Downtown businesses
during the market activity. Planner Johns responded that the Public Works and Utilities Department
will require that access through the Front/First Alley be unimpeded during the activity.
Commissioner Rasmussen noted that farmer's market activities generally involve pick up trucks,
vans, or larger vehicles to deliver products to the market. How will these fairly substantial vehicles
be accommodated and where will restroom facilities be available for sanitation purposes? He heard
that the City is planning some construction activity on Laurel Street during the summer, and
wondered ifthere would be some construction conflict with market activities. While he supported
a farmer's market use in the Downtown, he suggested that an alternate location be planned as a
second choice for times that the location is not available.
Director Collins stated that this type of use demonstrates the City's ability and interest in being
flexible in dealing with a variety of activities in the Downtown. The Clallam County Health
Department is responsible for monitoring health related concerns and will require permits and
observation of specific standards for farmer's market uses. The application indicates that public
restroom facilities near the Family Shoe Store are intended for use during the activity. When
construction activities occur, surrounding businesses have to adjust as will the market management.
Chair Schramm opened the public hearing.
Jolin Brewer, 510 South Liberty Street, President of the Chamber of Commerce and Board
Member of tile Port Angeles Downtown Association spoke in favor of the conditional use permit.
Aria Holzchuh, Executive Director of the Port Angeles Downtown Association, contacted each
business owner abutting the area proposed for use by the market (Laurel Street) and did not receive
any negative feedback regarding the proposed activity. The proposal is a very worthwhile effort
which has proven to be beneficial to many other Mainstreet Communities. As long as the alley
remains accessible, business owners are not expecting any problems at this time. The Chamber is
moving the Thursday evening summer concerts on the pier activity to Wednesday to coordinate with
the market use.
Planning OJmmission Minutes
May 8. 1001
Page 7
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Commissioner Porter noted that he is a member of the Chamber of Commerce and has known Mr.
Brewer for some time; however, he did not believe that any of those affiliations would influence his
decision. No one from the audience objected to his remaining to act on the proposal.
Kim Johns, 3781 Lost Mountain Road, Sequim 98382, stated that the Port Angeles Farmer's
Market group was approached last summer and asked to plan a market activity in the Downtown.
She reiterated that the Chamber of Commerce supports the proposed market use and, in visiting each
business owner along Laurel Street, no concerns from those business owners were reported. The
market management will require vendors to park a minimum of three blocks away from the area to
allow market and other business patrons a convenient place to park. The market management is very
excited about an open air cooking demonstration associated with the use. Cooking demonstrations
will be provided by licensed restauranteurs in town who are also very enthused about the events.
Commissioner Porter asked about any conflicts with the annual Arts n ' Action activity that is held
in the same location in early summer. Mrs. Johns responded that the market will not function during
the event, much the same as black out days where use of the Courthouse site is not available because
of the Juan de Fuca Festival of the Arts.
There being no further testimony, Chair Schramm closed the public hearing.
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Director Collins noted that parking in the Downtown is provided through the Parking Business
Improvement Area (PBIA) and is shared parking.
Chair Schramm asked if there will be conflicts with the COHO Ferry traffic. Director Collins
responded that the expectation is that the use will be contained on Laurel Street between Front and
First Streets. Feny traffic will be routed in a logical manner to avoid the activity along Front or
Railroad around the activity. Market operators will be responsible for putting up necessary traffic
deterrents under the direction of the Public Works and Utilities Department. No vehicle activity will
occur on Front or First Streets in association with the market activity other than customers. Market
coordinators will be expected to cordon off the area and clean up after the activity.
Commissioner Norton witnessed such an activity when he lived in San Luis Obispo, California. He
reported that the use was very beneficial to the vibrancy of the San Luis Obispo downtown area.
Commissioner Craver had some concern about traffic circulation. She had some doubts about the
ability of the management to contain the use to within the Laurel Street corridor and not affect
adjacent streets and activities.
Commissioner Philpott moved to approve the conditional use permit from June 19 to October
9,2002, as proposed, with the following conditions, findings, and conclusions:
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Conditions:
1. The approval is for CUP 02-02, as described in the application materials in Attachment A,
including any amendments as a part ofthis approval.
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Planning Commission Minutes
May 8, 2002
Page 8
2.
Products to be sold shall be limited to locally grown plants, food or food products and
associated, local arts and crafts.
3. Compliance with State and County requirements for the handling and sale of food and/or
food products is required. Verification to the City that such certification is obtained shall be
done prior to opening day of the Farmer's Market.
4. Sanitation facilities shall be provided according to State and County health code
requirements. Verification to the City that the proposal meets these requirements shall be
done prior to opening day of the Fanner's Market.
5. Any consumption of City electric power or City water, or need for garbage collection shall
obtain prior approval from the City and appropriate compensation made.
6. The Farmer's Market shall provide the City with a certificate of insurance naming the City
as an additional insured prior to commencement of the activity.
7.
Approval of CUP 02-02 shall be valid from June 19 to October 9, 2002, and may be
extended by the City Department of Community Development upon the satisfactory review
by the Planning Commission of the conditions of approval and operation of the Fanner's
Market.
8. Necessary educational outreach to vendors and customers about proper use of offstreet
parking areas, signage and use of public facilities shall be made.
Findings:
1. The Port Angeles Fanner's Market submitted a conditional use application on March 21,
2002, which is included as Attachment B to the May 8,2002 Staff Report.
2. Public notice of the proposal was made in compliance with PAMC 17.96.140. No written
public comments were received within the written comment period time lines.
3. On May 7, 2002, the SEPA Responsible Official adopted the Determination of Non-
significance #967 issued for the Farmer's Market located at the County Court House on June
1, 2001.
4.
The request for a conditional use permit is to allow the operation of a weekly Farmer's
market where local Farmer's and artisans can sell their goods to the public. The proposed
location is one block of Laurel Street, between First Street and Front Street. The market will
operate from June 17 to October 9, 2002 with the hours of operation from 4 p.m. to 7 p.m.
every Wednesday evening with approximately 1-2 hours of set up and tear down. They
propose that approximately 30 vendors will participate. The site is considered an interim
location until a permanent site can be found.
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Planning Commission Minutes
May 8. 2002
Page 9
5. Fanner's markets are a community activity and are widely supported. Distinction as to what
products may be sold at the proposed Farmer's Market should be made in order to promote
local agriculture and avoid the creation of a flea market or street fair situation. Public health
and interest are maintained by addressing environmental health requirements for hand-
washing and restroom facilities, by addressing compatibility with adjacent uses or the
integrity of the CBD Zone, provision of adequate off-street parking, and through compliance
with local sign code requirements.
6. The subject property includes a portion of Laurel Street between First Street and Front Street.
The Comprehensive Plan land use designation on the property is Commercial, providing
wide flexibility in designating uses. The area is zoned Central Business District, (CBD).
7. The purpose ofthe CBD Zone is to strengthen and preserve the area commonly known as the
Downtown for major retail, service, financial, and other commercial operations that serve the
entire community, the regional market, and tourists. It is further the purpose of this zone to
establish standards to improve pedestrian access and amenities and to increase public
enjoyment ofthe shoreline. Farmer's markets are not listed as a pennitted or conditional use
in the CBD Zone or any other zone. Under PAMC 1 7.24. 160.K, other uses compatible with
the intent of the Zoning Code can be allowed.
8.
The Comprehensive Plan was reviewed and the following goals and policies are the most
relevant to the proposal: Land Use Goals A, D, and E and Policies AI, and A2, Utility and
Public Services Goals C, Economic Development Goals A and B, and Policy A2.
9. Adjacent uses include retail stores, office uses, restaurants, banks, apartments, motels, barber
shops, and parking.
10. Laurel Street is a local Arterial Street.
11. P AMC 17.96.050 specifies the requirements for conditional use pennitapprovals.
12. Under PAMC 14.40.100, Cooperative Provisions, parking facilities may be cooperatively
used by different land uses, when the times of the use of such parking spaces by each use are
non-simultaneous. Because Fanner's market or similar uses are not mentioned in the
Parking Ordinance, under P AMC 14.40.070, unspecified uses shall meet the requirements
of similar uses as determined by the Community Development Director. The most similar
use would be grocery/retail which requires either 1 space per 300 square feet of floor area,
or 1 space per 400 square feet. At the above parking space rates, 10-12 parking spaces would
be required. In addition, one parking space for each vendor is required. Parking will be
provided by the PBIA
13.
Clallam County Health Department comments are attached as Attachment C.
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Planning Commission Minutes
May 8. 2002
Page 10
14.
The City Police and Building Division had no comments or objections to the proposal.
15. Public Works and Utilities Department comments are attached as Attachment D.
Conclusions:
A. As conditioned, CUP 02-02 is consistent with the Comprehensive Plan, specifically the goals
and policies identified in Finding No.9.
B. As conditioned, CUP 02-02 is consistent with the purpose and intent of the Zoning Code,
specifically the CBD Zone.
C. As conditioned, CUP 02-02 will be in the public interest and general welfare.
D. As conditioned, CUP 02-02 meets the requirements for approval of a conditional use permit
as specified in P AMC 17.96.050.
The motion was seconded by Commissioner Rasmussen and passed 6 - O.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 02-01 - PORT OF
PORT ANGELES. 102 North Cedar Street: Request for a shoreline substantial development
permit to allow a wash down facility in the Industrial Heavy zone.
Associate Planner Scott Johns reviewed the Planning Division's staff report recommending approval
of the shoreline substantial development permit as proposed.
Commissioner Porter asked how runoff would be treated, directed, etc., to ensure that it would not
enter the Port Angeles Harbor. How will the work pad sites be used? Commissioner Rasmussen
noted that the site plan indicates catch basins between each work pad site.
Planner Johns responded that wash down effluent will be transferred through a collection system to
the City's sanitary sewer system for treatment. Runoff from individual work pads will be transferred
through catch basins to a 4" pipe which wilI transfer the effluent to a detention pond in the area of
the Daishowa Mill site.
Susan Bauer, 338 West First Street, represented the Port of Port Angeles. She presented large
aerial site drawings to show the location of site uses and the proposed activity area. The proposed
wash down site is 150' x 155' in area. She explained that the Port has been losing a significant
amount of potential revenue by not being able to provide such a use. The Port has been working
with the Department of Ecology in design of the proposed facility. She further explained the
proposed collection system for disposal of wash down effluent to the City's sanitary sewer system,
and that work pad effluent will be discharged to a detention pond on property owned by the Port.
Work pads will be rented to those who wish to work on vessels much the same as at the dry dock
at the Boat Haven. The City has been contacted and informed about the content and quantity (25
gallons per foot of vessel) of the proposed discharge and is ready to handle the effluent.
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Planning Commission Minutes
MIlY 8, 2001
Page I J
In response to Commissioner Porter, Ms. Bauer stated that the bulk of bottom paint comes off during
the initial wash down. Vacuum sanders will be required for use to control dust and to collect
remaining particles of paint that were not removed in the initial wash down process.
In response to Commissioner Philpott, Ms. Bauer responded that the Port is studying various ways
to handle the discharge of bilge water at the wash down site. It is not addressed in the current
application. She confirmed that work pad discharge water will be transferred through a 4" pipe that
is contained within an abandoned industrial water line (formerly from the Rayonier Mill operation)
west to a detention area. The Port is not working with Fisheries on this project because there is no
discharge to the Harbor nor any over water construction. No Corps of Engineers permits are
required because the work is all upland.
Director Collins noted that the Department of Ecology is encouraging these type of systems for wash
down uses. One of the reasons Port Angeles was able to attract the Admiral Marine use is because
Port Townsend does not provide such an area.
Commissioner Schramm questioned whether the Port had considered the possibility of discovery of
underground tanks and/or petroleum contamination on the site as a result of previous uses. Ms.
Bauer responded that the Port is aware ofthe potential and will deal with it appropriately. The Port
has monitoring wells in place at present.
There being no further testimony or questions, Chair Schramm closed the public hearing.
Commissioner Porter expressed some concern with monitoring of the work pad site discharge but
agreed that the proposal appears to be adequate at this time and is a needed improvement.
Following brief discussion~ Commissioner Philpott moved to approve the shoreline substantial
development permit with the following conditions, findings, and conclusions:
Conditions:
I. The project shall meet all requirements of the Stormwater Management Manual for Western
Washington.
2. Necessary permits from agencies with jurisdiction (WDFW, U. S. Army Corps of Engineers,
Department of Ecology, DNR) shall be acquired and remain valid during the life of the use.
3. Prior to the new wash-water treatment facility being approved for connection to the sanitary
sewer system, testing for toxins, metals, etc and flow rates must be completed and approved
by City of Port Angeles Public Works and Utilities Department.
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Planning Commission Minutes
May 8. 2002
Page 12
Findings:
Based on the information provided in the May 8, 2002 Staff Report for SMA 02-01 (including all
of its attachments), comments and infonnation presented during the public hearing, and the Planning
Commission1s deliberation, the City of Port Angeles Planning Commission hereby finds that:
1. The applicant Port of Port Angeles applied for a Shoreline Substantial Development Permit
on April 2, 2002. The application was determined to be complete on April 4, 2002. The
application is identified as Attachment B to the May 8, 2002 Community Development
Department Staff Report for SMA 02-01.
2. The Port of Port Angeles SEPA Responsible Official issued a Determination of Non-
Significance for the project on April 1, 2002.
3. In accordance with legal requirements of the City of Port Angeles and the State of
Washington, the notice of application and subsequent hearing process was advertise in the
Peninsula Daily News' legal section on April 4, 2002. A public notice was posted on the site
on April 4, 2002.
4.
The public comment period for this application ran from April 4, 2002, to May 6, 2002. No
comments were received from the public.
5. The applicant is proposing the installation of a wash rack for boats, treatment equipment for
the wash-water from the wash pad, a stormwater collection system, and ten work pads for
boat repair. The project will be constructed in three phases.
6. There are no over water structures proposed.
7. The City's Fire Department and the City's Building Division recommended no conditions
of approval specific to this application.
8. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance were
reviewed with respect to this application.
9. The site is located in the Industrial (I) designation of the Comprehensive Plan Land Use
Map, the site is zoned Industrial Heavy (IH), and its Shoreline Designation is Urban-Harbor
(UH).
10. The City's waterfront trail runs east and west along Marine Drive in the area of this proposal.
11.
The following agencies were notified ofthe application on April 5, 2002: Washington State
Department ofFish and Wildlife, Washington State Department of Ecology, and the United
States Army Corp of Engineers. No comments were received from these agencies.
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Planning Commission Minutes
May 8. 2002 .
Page 13
12.
The project is located between Marine Drive and the Port of Port Angeles harbor in the
marine tenninal area. The site consists of sand and gravel fill, built on dredge material taken
from the harbor. It is bounded on the west by Tumwater Street and Tumwater Creek.
Beyond the creek is an additional log handling and storage yard. To the east is Cedar Street
and the K-Ply plywood manufacturing facility. The Platypus Marine boat manufacturing and
repair facility is located on the eastern portion ofthe site. The Port's marine tenninals are
located on the northern portion of the site. A log storage area is located on the west side of
the subject site.
Conclusions:
1. Based on the infonnation provided in the May 8, 2002, Staff Report for SMA 02-01
including all of its attachments, comments and infonnation presented during the public
hearing, the Planning Commission's deliberation, and the above listed findings, the City of
Port Angeles Planning Commission hereby concludes that:
2. The proposal is consistent with the Port Angeles Shoreline Master Program, specifically
Chapters 4,5, and 6.
3. The proposal is consistent with the Port Angeles Comprehensive Plan and the Port Angeles
Zoning Ordinance.
4.
The proposal is consistent with the procedural requirements as contained in Chapter 173-14
WAC, the State of Washington Shoreline Management Act.
5. The proposal will not be detrimental to other shoreline activities and is consistent with the
Urban Harbor Environment, including the protection and enhancement of the natural
characteristics and functions ofthe resource.
6. The project will not be detrimental to the shoreline and will not interfere with public use of
lands or waters.
Commissioner Norton seconded the motion which passed 6 - 0,
ENNIS CREEK ESTATES PRELIMINARY SUBDIVISION - Del Guzzi Drive:
Proposal to subdivide approximately 32 acres into 30 residential single family building sites
in the RS-9, Residential Single Family zone.
Commissioner Norton revealed that he is a member of the Peninsula Golf Club but did not believe
that the affiliation would influence his vote on the proposed subdivision. No one in the audience
objected.
Director Brad Collins reviewed the Planning Division's staff report recommending approval ofthe
preliminary subdivision and responded to questions from Commissioners with regard to the
requirement for residential sprinklers and that the subdivision will not be a gated community.
Planning Commission Minutes
May 8. 2002
Pagel4
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Residential dwellings will be required to provide residential sprinklers because the site is outside of
the City's four minute response radius. The previously approved subdivision also required
residential sprinklers.
Commissioner Rasmussen asked if the site had been evaluated with respect to its sensitive nature
west of the Ennis Creek ravine corridor. Director Collins stated that the subdivision lots do not
encroach into the Ennis Creek ravine corridor but are situated west of the corridor boundary. Sites
located east of Del Guzzi Drive are located in a geologic hazard area. Lots 7 through 16 and 30 will
require individual geologic hazard studies to be done prior to building pennit issuance for residential
dwellings. Site covenants will prevent resubdivision with the exception of Lot 30, will prescribe
home type, and will not allow duplexes or manufactured homes. Conditions, covenants, and
restrictions (eCRs) will be enforced by homeowners in the subdivision. Chair Schramm opened the
public hearing.
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Robbie Malltooth, 2238 East Lilldberg Road, represented herself, her husband, and the Friends of
Ennis Creek group. She applauded Manager Quinn and Director Collins' efforts to create an
exceptional subdivision with much thought given to the sensitive nature of the location along Ennis
Creek. She suggested that a conselVation easement be established for the 19.65 acre Ennis Creek
ravine corridor. If such an easement is in place, the area will be reseIVed in perpetuity from
development not previously negotiated and agreed upon by the property owner and therefore will
not be subject to changing politics. Grants are also available to the City from salmon recovery funds
if a conselVatio~ easement is in place. She asked that the Commission support the establishment of
a conservation easement and discouraged the development of trails in the area due to the steep slopes
of the ravine walls. She urged the City to work with the Washington State Department ofFish and
Wildlife in establishing covenants for use of the property.
In response to Commissioner Rasmussen, Mrs. Mantooth stated that properties that are placed in a
conselVation easement remain under individual ownership but development rights are negotiated
which will remain with the property ownership in perpetuity.
Gary Colley, 3955 O'Brien Road is an attorney who works with the North Olympic Land Trust. He
commended the City on its proposal to deal with development of the subject property such that
investment funds could be recovered in an innovative manner. The North Olympic Land Trust is
not an advocacy group but is a group that provides an opportunity for land owners to preseIVe some
unique quality or use of their property in perpetuity. He was present to offer assistance ifthe City
desires to place a conservation easement on a portion of the property along Ennis Creek.
In response to Commissioner Norton, Mr. Colley answered that conservation easements, at least at
the present time, are intended to be in perpetuity and cannot be removed. Mr. Colley encouraged
the City to proceed with the subdivision. If desired, such an easement could be established at a later
date.
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Commissioner Rasmussen asked Mrs. Mantooth if she had any concerns about the proposed
subdivision. Mrs. Mantooth responded that covenants need to be drafted carefully.
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Planning Commission Minutes
May 8. 2002
Page 15
Director Collins indicated that a number of stated concerns will be addressed through the final plat
covenants which will be drafted prior to final plat consideration. There being no further comments,
Chair Schramm closed the public hearing.
It being 10:25 p.m., Commission members concurred to continue with the scheduled agenda items.
The Commission agreed that the proposal will provide a quality development of the property.
Commissioner Norton moved to approve the preliminary subdivision with the following
conditions, findings, and conclusions:
Conditions:
1. The final plat shall show the building front lot lines drawn where the lots equal or exceed 75
feet in width.
2. All necessary easements for access, drainage, and utilities shall be shown on the fmal plat.
3. The stormwater drainage improvements shall be installed or bonded per the City's Urban
Services Standards and Guidelines and consistent with the Washington Department ofFish
and Wildlife hydraulics permit application requirements.
4. One or more of the community areas shown on the preliminary plat shall remain in public
ownership as a neighborhood park, shall be designed as a children's play area similar to the
new play structure at Crown Park or the one at Milwaukee Heights Subdivision prior to final
plat approval, and shall be installed prior to the issuance of any building permits.
5. The fire sprinkler system as required by the Fire Department shall be a condition of any new
residential building permit.
6. Electrical, telecommunications, and street lighting shall be installed or bonded per the Light
Division standards.
7. No more than 30 lots may be connected to the City's water and sewer systems without
review and approval by the City Engineer demonstrating adequate system capacities.
8. Address numbers shall be identified and placed on the final plat as provided by the City.
9. Two environmentally sensitive area tracts shall be recorded per the requirements of the
City's Environmentally Sensitive Areas Protection Ordinance, and fencing and signs shall
be installed on the lot lines bordering Ennis Creek Ravine prior to fmal plat with the
exception of Lot 30, where fencing and sign demarcation shall be done prior to issuance of
any clearing and grading or building permits.
Findings:
1. Chapter 16.08 ofthe Port Angeles Municipal Code (P AMC) sets forth local requirements for
the approval of subdivisions.
2.
The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State of Washington. Section 58.17.110 requires a city to inquire
into the public use and interest proposed to be served by the establishment of a subdivision.
It shall determine if appropriate provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other
.
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Planning Commission Minules
May 8. 2002
Page 16
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and schoolgrounds, and shall consider all other relevant facts including
sidewalks and other planning features that assure safe walking conditions for students who
only walk to and from school and whether the public interest will be served by the
subdivision. A proposed subdivision shall not be approved unless the city can make written
findings that these provisions are made.
3.
Section 16.08.050(B)(1) PAMC provides that the Planning Commission shall examine the
proposed plat, along with written recommendations of the City Departments, and shall either
approve or disapprove the submittal. A recommendation thereon shall be fOlwarded to the
City Council within a period of90 days after a preliminary plat has been submitted to the
City Planning Department. The City Council shall either approve or disapprove the proposed
preliminary plat at a public meeting.
4.
The preliminary plat subdivides the 32.4 acres ofland into 30 residential lots (12.56 acres),
3 community areas (.36 acre), 1 detention pond (.19 acre), and 2 environmental sensitive
areas tracts (19.65 acres). The 30 residential building lots range in size from 9,887 to 65,657
square feet with most lots between 12,000 to 22,000 square feet.
5.
The City of Port Angeles acquired the subject property through a foreclosure on unpaid
assessments for Local Improvement District 211.
6.
The preliminary plat application includes a drawing dated received April 19, 2002, prepared
for the City of Port Angeles by Northwest Territories, Inc., provided in Attachment A to the
staff report, and used as the basis of the preliminary plat review. The final plat will be
entitled Ennis Creek Estates Subdivision.
7. The proposed Ennis Creek Estates Subdivision site is located along Del Guzzi Dr. between
Lindberg Rd. and US 101 east of Peninsula Golf Course and includes a portion of Ennis
Creek Ravine immediately south of US 101 and is legally described as Lots 1-3 and 5-8 of
the Del Bur Survey as recorded in Volume 11 of surveys, page 44, in a portion of Section
12, Township 30 North, Range 6 West, WM.
8. The City has designated Ennis Creek Ravine as an environmentally sensitive area. The 19.65
acres in the two open space areas will be placed in two environmental environmentally
sensitive area (ESA) tracts per the City's Environmentally Sensitive Areas Protection
Ordinance. No public access is planned for these ESA tracts, although future public access
for educational/recreational purposes and/or a conservation easement may be planned at a
later date, consistent with the critical areas protection requirements.
9. Drainage from Lindberg Rd. and Peninsula Golf Course comes through the site and enter
into Ennis Creek south of US 101.
10. Each lot has significant topographically features which constrain access and building areas.
Portions of the site and building lots are wooded.
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Planning Commission Minutes
May 8, 2002
Page 17
11. The surrounding properties are developed with low density single family residential uses to
the south and one eight-plex condominium at the southwest comer of the site, with a private
golf course to the west, US 101 right-of-way to the north, and commercial uses, Roosevelt
Middle School, and very low density residential zoning border the subject property on the
east side of Ennis Creek Ravine. These land uses east of Ennis Creek and the eastern portion
of the subject property are not accessible due to the creek ravine and largely unaffected by
the subdivision on the western portion of the site. Similarly, the northern portion of the
subject property adjacent to US 101 does not impact the highway, nor is it accessible to the
residential lots in the subdivision.
12. . The site is currently served by Del Guzzi Dr., which meets City street standards for a local
access street. The western portion of the site is accessed by Del Guzzi Dr., which bisects the
property in a north and south meandering direction. All 30 lots shown on the April 16
preliminary plat drawing have access from Del Guzzi Dr. Transit service is available along
US 101 north of the site at Del Guzzi Dr.
13. The Washington State Department of Transportation (WSDOT) commented on the previous
Ennis Creek Estates Planned Residential Development (pRD) and required a stop light at Del
Guzzi Dr. and US 101 that was installed through Local hnprovement District 211. Nothing
substantial has changed regarding the subject property since the previous preliminary plat
subdivisionIPRD was approved about ten years ago.
14. The proposed preliminary plat was reviewed by the City's Fire, Public Works, Parks and
Recreation, and Community Development Departments.
15. Public notice of the subdivision application was published on April 22, 2002, and posted on
the site and mailed to property owners within 300 feet of the proposed subdivision on April
19, 2002. The Department of Community Development received three public comment
letters, which are provided in Attachment B to the staff report. The letters were from Jim and
Robbie Mantooth, Dick Goin, and Darlene Schanfald.
16. The proposal has been reviewed with respect to the Comprehensive Plan. The subject
property is identified as High Density Residential (HDR) and Open Space (OS) on the Port
Angeles Comprehensive Plan Land Use Map. The following Comprehensive Plan policies
are found to be most relevant to the proposal: Growth Management Element Goal A; Land
Use Element Goal A, Policy A.2, Goal B, Policies B.1-B.4, Goal I, Policies L 1-1.4, Objective
1.1; Transportation Element Goal A, Policies A.3 and A.6; Utilities and Public Services
Element Policy D.l; Housing Element Goal A; Conservation Element Goal A, Policies Al-
A.3, Goal B; Policies 8.1-8.6, 8.8, B.16, Objectives 8.3-BA; Capital Facilities Element
Goal A, Policies A.2, A.9-A.11, Goal B, Policies B.6-B.7, Goal C, Policies C.3- CA.
17. The Comprehensive Plan requires concurrency for streets, water service, sanitary sewer
service, and electrical service (Capital Facilities Element Policy A.9).
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PJnnning Commission Minutes
May 8, 2002
Pagel 8
18. The Comprehensive Plan recommends concurrency for solid waste collection, stonnwater
management, telecommunications service, and emergency services (police, fire and
emergency medical response) (Capital Facilities Element Policy A. 10).
19. The City's Comprehensive Plan (Land Use Element Goal B) states the intention to have a
community where residential development and use of the land are done in a manner that is
compatible with the environment, the characteristics ofthe use and the users, and the desired
urban design of the City.
20, The western portion ofthe subject property is identified by the Port Angeles Zoning Map as
Single Family Residential (RS-9), which allows a density of up to 9 units per acre. The
proposed drawing indicates that each lot in the proposed subdivision will be at least 9,000
square feet in size and that the average size of the southernmost 29 lots is 16,602 square feet.
21. The eastern portion of the subject property is identified by the Port Angeles Zoning Map as
Public Buildings and Parks (PBP), which designates land that may be best left as "greenbelt"
open space where the property is not suitable for development by reason of its topography,
geology, or some unusual condition or situation.
22. Del Guzzi Dr. is designated as a local access street on the City's Comprehensive Plan
Circulation Map and is not designated as a school walking route. The City's Subdivision
Ordinance and Urban Standards and Guidelines require the development of sidewalks along
arterials but not on local access streets.
23. All required utility improvements including potable water, sanitary waste, electrical, and
refuse collection have been provided to the subdivision or are available in the area.
24. The Port Angeles School District currently serves the area, and school capacity is not an
issue with the present trend in declining enrollments.
25. The site is currently served by the City's Police, Fire, and Public Works Departments.
26. Building permits are required for all structures on any approved building lots. All local
Building and Fire Codes apply to any new construction on the subject property.
27. Clearing and grading permits are not required for any initial site development on sites less
than one acre in size and not designated as an environmentally sensitive area by the City.
28. The City's State Environmental Policy Act (SEPA) Official issued a Determination of
Nonsignificance (DNS #977) on May 8, 2002, satisfying the City's SEP A responsibility.
Conclusions:
A. The conditions of the Ennis Creek Estates Subdivision are required by the Subdivision
Ordinance and necessary to implement the Comprehensive Plan goals and policies.
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Planning Commission Minutes
May 8, 2002
Page /9
B.
Storm drainage, electrical, and telecommunications improvements are the only street and
utility requirements which have not been installed per the City's Urban Services Standards
and Guidelines.
C. Because the City does not have any neighborhood parks or playfields in the vicinity and the
subdivision will have 30 new home sites, one or more of the community areas shown on the
preliminary plat should be designed as a children's play area similar to the new play structure
at Crown Park or the one at Milwaukee Heights Subdivision, both of which the City Parks
and Recreation maintain.
D. Due to wooded nature of the subject property, street trees are not needed.
E. The large lots proposed for the Ennis Creek Subdivision are necessary for several reasons:
1) the topographical and other accesslbuilding constraints on the site, 2) reduced clearing and
consequent reduced runoff approach to stream mitigation, 3) addressing Comprehensive Plan
land use and conservation element policies, 4) sensitivity to the significant environmental
features within the site, 5) design of utility and access through the site, and 6) recovering
unpaid LID 211 assessments.
F.
Although High Density Residential allows an overall residential density much higher than
proposed, the site is zoned RS-9, which allows less than 5 units per acre and is intended to
be for the development of single family homes. The configuration of the proposed
subdivision lots and street layout confOTIll to the desired urban design of the City for the RS-
9 and PBP Zones. The subject site is not located in an area with a grid street system and
should be developed with low density housing units and curvilinear streets to achieve the
desired urban design of the City. If the subdivision is approved, the Comprehensive Plan
Land Use Map should be changed to Low Density Residential (LDR).
G. As conditioned, the preliminary plat is consistent with the Comprehensive Plan and Zoning
Code.
H. As conditioned, the preliminary plat is in conformance with the Port Angeles Subdivision
Ordinance, Chapter 16.08 P AMC, and the Washington State Subdivision Act, Chapter 58.17
RCW.
1. As conditioned, appropriate provisions have been made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, sidewalks and other planning features that assure
safe walking conditions for students who only walk to and from school.
J.
As conditioned, the public interest is served in the platting of this subdivision as articulated
in the City's Comprehensive Plan, Subdivision, and Zoning Ordinances. The subdivision
provides for development of new homes within the City of Port Angeles consistent with the
.
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Planning Cammission Minutes
May 8, 2002
Page 20
Growth Management Act and beneficial to the City's tax base. The subdivision is intended
to recover funds necessary for payment ofUD 211 bonds due in September 2003.
Commissioner Philpott seconded the motion which passed 6 - O.
2002 PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN: Annual
amendments to the City's Comprehensive Plan
Director Collins noted that although staff had originally proposed to consider changes in the
designation of the Rayonier property, following discussion with Rayonier it was determined that
such a proposal should wait until sampling data is available for consideration which should occur
early in 2003. Therefore, staffis withdrawing recommendation for consideration of issues regarding
the Rayonier site at this time. Chair Schramm opened the public hearing.
Given the lateness of the hour, Commissioner Craver moved to continue the hearing to May 22~
2002, 7 p.m, The motion was seconded by Commissioner Norton and passed 6 - O.
CONTINUED BUSINESS:
PROPOSED MUNICIPAL CODE AMENDMENTS - MeA 01-02. CITY OF PORT
ANGELES. City-Wide: Suggested changes to the City's sign, parking, environmental,
subdivision, and zoning regulations (Titles 14-17). The changes were largely recommended
by the Citizens Code Advisory Committee appointed by the City Council in 2001.
(Continued discussion from April 24, 2002.)
Given the lateness of the hour, Commissioner Norton moved to continue discussion of the
proposed Code amendments to May 22, 2002, 7 p.m. The motion was seconded by
Commissioner Porter and passed 6 - O.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
None.
REPORTS OF COMl\fiSSION MEMBERS
Commissioner Norton reported that he would not be available for the May 22nd and June 12th
meetings. He was excused.
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P/nnntng Commission Mtnutes
December 12, 1001
Page 1/
ADJOURNMENT
The meeting adjourned at 10:40 p.m.
~lin~
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Chuck Schramm, Chair
PREPARED BY: S. Roberds
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PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIMONY SIGN-UP SHEET
· ~ORTANGELES
WAS H I N G TON, U. S. A.
N
Meeting Agenda of: ~-y ~ ~j)O,2
PLEASE NOTE: IE you plan to testify, by signature below, you certify that the testimony
given is true and correct under penalty of perjury by the laws of the State of Washington.
Si nature below DOES NOT REQUIRE ou to testi - it on acknowled es our resence.
Agenda Item No,
s S-S
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