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HomeMy WebLinkAboutMinutes 05/25/2005 FORT ANGELES WAS H I N G TON, U. S. A. ECONOMIC & COMMUNITY DEVELOPMENT AGENDA PLANNING COMMISSION 321 East Fifth Street May 25, 2005 6 p.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES: Regular meeting of April 13, 2005 IV. PUBLIC MEETINGS: . 1. FINAL SUBDIVISION - MOUNTAIN VIEW SUBDIVISION. 10th/Milwaukee: ReVIew of final submIttal of a 33-unit subdivision in the RS-9 Residential Smgle Family zone. 2. FINAL SUBDIVISION - ECKARD HEIGHTS (Formerly New View Homes. Eckard/Mt. Angeles Road: Review of final submittal of a 14-unit subdiVIsion in the RS-9 Residential Single Family zone. PUBLIC HEARING (CONTINUED): 1. COMPREHENSIVE PLAN LAND USE MAP AMENDMENT: Proposal to amend the City's Comprehensive Plan Land Use Map designating propertIes under consideration by the City of Port Angeles for annexatIon, and requesting that the County amend the City's southwestern urban growth area (UGA) boundary to include properties requested to be included m the UGA. 2. PROPOSED AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP: Yearly review and update to the Plan. V. COMMUNICATIONS FROM THE PUBLIC VI. STAFF REPORTS . VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT PLANNING COMMISSIONERS' ,Len Rasmussen (Chalr),Chene Kidd (VIce Chalr),Dave Johnson, KeVin Snyder,Betsy Wharton, Candace Kahsh, John Matthews PLANNING STAFF. Mark Madsen, DIrector; Scott Johns, ASSOCiate Planner, Sue Roberds, ASSIstant Planner. . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 May 25, 2005 6:00 p.m. ROLL CALL Members Present: Leonard Rasmussen, Dave Johnson, Cherie Kidd, Kevin Snyder, Candace Kalish, John Matthews, and Betsy Wharton Members Excused: None Staff Present: Scott Johns, Sue Roberds Public Present: Jeff Priest, Darrel Vincent, Quint Boe, Birney Flores APPROVAL OF MINUTES Commissioner Snyder moved to approve the minutes of the May 11, 2005, meeting as submitted. The motion was seconded by Commissioner Kidd and passed 7 - O. . PUBLIC MEETINGS: FINAL SUBDIVISION - MOUNTAIN VIEW SUBDIVISION. lOthlMIlwaukee: ReVIew ofthe final submIttal of a 33-umt subdivlSlon in the RS-9 ResIdentIal Smgle Family zone. CommIssioner Kevm Snyder stated that he has worked wIth the applicants as a matter of course m hIS employment but felt that he could reasonably act on the matter unless there IS an ObjectIOn from anyone present. No one objected. AssIstant Planner Sue Roberds reviewed the Department's report recommending approval of the final subdivlSlon submIttal wIth a condition regardmg bonding or an assIgnment of savings to ensure the completIOn of mfrastructure improvements. She explamed that pavmg IS bemg completed and may be done by the time of CouncIl reVIew but in the event that It IS not, an assIgnment of savmgs or bondmg IS reqUIred for fmal approval. ChaIr Rasmussen opened dISCUSSIOn on the Item. CommISSIOner Snyder noted that It appears the developer is provIdmg curb, gutter, and SIdewalk Improvements on the mtenor streets but not on publIc streets connectmg to the subdIVISIOn. CommISSIOners KIdd and Rasmussen were also pleased to see that the developer upgraded the mimmum Improvements required m the prelImmary approval to the hIgher standard road Improvement but also noted that the publIc streets remamed at low Impact standards WhICh dIdn't serve the neIghborhood well. Followmg further dISCUSSIOn on street development standard Impacts, Commissioner Snyder moved to recommend that the City Council final the Mountain View Subdivision with one condition, citing the following findings and conclusions: . Condition: 1. A bond or assignment of savings shall be submitted, in the amount of 150% of the approved engineering estimate to complete infrastructure improvements, and approved by the City . . . Planmng CommISSIOn Mznutes May 25, 2005 Page 2 Engineer prior to occupancy of any dwelling unit within the subdivision. Such wording shall be placed on the face of the final plat. Findings: 1. A 33-unit residential subdivision in the RS-9 Residential Single Family zone was preliminarily approved on August 3,2004, for BFV, LLC. The 10 acre site is located in the 2300 block of West 10th Street between Milwaukee Drive and West 10th Street. 2. Conditions of plat approval were attached to preliminary plat approval to ensure that requirements of the City's subdivision regulations Section 16.08 and the State's subdivision standards 58.17 RCW are complied with. 3. On May 9, 2005, the developer submitted a request for final review of the proposed subdivision and indicated that he would either have the infrastructure improvements completed or, per 16.08.050 PAMC, would assign savings in an amount equal to 150% of the cost of completion per an engineering estimate approved by the City Engineer by the time of approval. 4. Inspections by the City's Public Works and Utilities Department and Fire Department have indicated that the work performed as conditioned is in compliance with City standards. Conclusions: A. Conditions of preliminary subdivision approval have been met and therefore the subdivision is found to be in the public interest and in compliance with standards for subdivisions as set forth in RCW 58.17 and 16.08 PAMC. The motion was seconded by Commissioner Kalish and passed 7 - o. FINAL SUBDIVISION - ECKARD HEIGHTS (Formerlv New View Homes. Eckard/Mt. Angeles Road: ReVIew of final submIttal of a 14-umt subdIvISIOn m the RS-9 ResIdentIal Smgle FamIly zone. ASSIstant Planner Sue Roberds revIewed the Department's staff report and responded to questIons regardmg the need for an assignment of savmgs or bondmg to ensure that those mfrastructure improvements not completed WIll be completed and approved pnor to occupancy of dwellmg umts. Chair Rasmussen opened the publIc meeting. Followmg dISCUSSIOn WIth the applIcant Jeff Priest, Commissioner Kalish moved to recommend that the City Council final the Eckard Heights Subdivision citing the following condition, findings, and conclusions: Condition: 1. A bond in the amount of 150% of the approved engineering estimate for the completion of infrastructure improvements, per 16.08.050 P AMC, shall be submitted and approved by the City Engineer prior to the occupancy of structures within the subdivision. Such wording shall . Planmng CommiSSIOn Mmutes May 25, 2005 Page 3 be placed on the final mylar. Findings: 1. A 14-unit residential subdivision in the RS-9 Residential Single Family zone was preliminarily approved on June 1,2004, for Jeff Priest. The 4.59 acre site is located east of Mt. Angeles Road on Eckard Street. 2. Conditions of plat approval were attached to preliminary plat approval to ensure that requirements ofthe City's subdivision regulations Section 16.08 and the State's subdivision standards 58.17 RCW are complied with. 3. On May 6, 2005, the developer submitted a request for final review of the proposed subdivision and indicated that he will have partial infrastructure improvements completed at the time of final approval and will bond for the remainder per 16.08.050 P AMC in an amount equal to 150% ofthe cost of completion per an engineering estimate approved by the City Engineer. 4. Inspections by the City's Public Works and Utilities Department and Fire Department have indicated that the work performed as conditioned is in compliance with City standards. . Conclusions: A. Conditions of preliminary subdivision approval have been met and therefore the subdivision is found to be in the public interest and in compliance with standards for subdivisions as set forth in RCW 58.17 and 16.08 PAMC. The motion was seconded by Commissioner Wharton and passed 7 - O. . . . . Plannmg CommiSSIOn Mmutes May 25, 2005 Page 4 PUBLIC HEARINGS: Chair Rasmussen indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. COMPREHENSIVE PLAN LAND USE MAP AMENDMENT: Proposal to amend the CIty'S ComprehenSIve Plan Land Use Map desIgnatmg propertIes under consIderatton by the City of Port Angeles for annexatIOn, and requestmg that the County amend the CIty'S southwestern urban growth area (UGA) boundary to mclude propertIes requested to be mcluded m the UGA. (Continued from May 11,2005) PROPOSED AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP: Yearly reVIew and update to the Plan. As these items are both part of the yearly update to the City's Comprehensive Plan and Land Use Map review, it was determined to consider them jointly in discussion. Chair Rasmussen then opened the continued and new public hearing. Associate Planner Scott Johns referred to memoranda dated March 23,2005, and May 11, 2005, in discussion of the proposed amendments to the Plan. In reference to the proposal to adopt the City's Parks and Recreation Plan as an Element of the Comprehensive Plan, staff is recommending that, due to concerns expressed by individual commissioners during the May 11 public hearing and that the Parks and Recreation Plan has not as yet been adopted by the City Council, that this issue be continued to 2006 when the final Parks and Recreation Plan has undergone further review and actually been adopted by the City Council. Commissioner Kalish added that a City's parks system can be used as an economic engine for the community and not just serve special community neighborhoods. This appears to be an element that has not been evaluated in the existing proposed Parks and Recreation Plan. Visitors and residents alike seem to pass through the City to get to the Park (National Park) rather than be encouraged to utilize local parks other than as baseball fields. Planner Johns noted that Spokane's citypark system encourages people to stay longer by its development amenities and programs. Commissioner Wharton noted that the Commission should be respectful of the work already done in preparation of the Parks and Recreation Plan and that the Planning Commission is coming in late on this review. However, she also agreed that the issue should be further reviewed before adoption of the Parks and Recreation Plan as an element in the Comprehensive Plan. The Commission concurred to recommend that the issue be postponed until the 2006 review. Chair Rasmussen counseled the commissioners to be forward thinkers when planning for growth particularly in urban growth areas by giving serious thought to what the community should represent and to be willing to provide recommendations to the City Council on all of the various aspects of community development more regularly. The Commission took a break at 7:00 p.m. The meeting reconvened at 7:15 p.m. There being no one present in the audience, Chair Rasmussen closed the public hearings and Planner Johns continued review of the proposed Comprehensive Plan amendment items separately which resulted in the actions as follow: . Amendment to Land Use Element Objective C.l to become consistent with the zoning change adopted during the 2004 Comprehensive Plan update process. Commissioner Wharton moved to recommend approval of the amendment. Commissioner Kalish seconded the motion, which passed unanimously. . . . Plannmg CommISSIOn Mmutes May 25, 2005 Page 5 . Amend the Growth Management Element Policy A. 7 to reflect the preferred urban density standard of 4 dwelling units per acre as lowest density that is considered to be urban, becoming consistent with State Growth Management Hearings Board decision. Commissioner Wharton moved to recommend approval of the amendment. The motion was seconded by Commissioner Kalish which passed unanimously. . Add a new Growth Management Element objective to recommend expansion of the southwestern UGA to include fourteen parcels. Planner Johns noted that the fourteen additional properties represent only seven property owners all of which had been sent letters notifying them of the expansion proposal. This issue is being presented because three of the seven property owners approached the City to be zncluded durzng the recent annexation action in the area. Commissioner Kidd moved to recommend approval of the amendment. The motion was seconded by Commissioner Johnson and passed unanimously. . Add a policy to the Capital Facilities Element stating that the level of service (LOS) for Highways of Statewide Significance (HSS) should be established by the Washington State Department of Transportation. This addition is required to bring the Comprehensive Plan into consistency with the Regional Transportation Plan. Commissioner Johnson moved to recommend approval ofthe amendment. The motion was seconded by Commissioner Kidd and passed unanimously. . Amend the Comprehensive Plan Land Use Map to make the zoning map and the Land Use Map consistent with each other. Commissioner Snyder moved to recommend approval of the proposed amendment. The motion was seconded by Commissioner Johnson and passed unanimously. . Add the Comprehensive Parks Plan as a new element to the Comprehensive Plan. Commissioner Kalish moved to recommend that this action be postponed until the 2006 annual review ofthe Comprehensive Plan. The motion was seconded by Commissioner Johnson and passed unanimously. . Designate properties in the South Western Urban Growth Area that are the subject of recent annexation. Commissioner Kalish moved to recommend that areas identified in the City's South West Urban Growth Area south of Highway 101 that have recently been annexed into the City be designated Industrial and Commercial as identified on the maps included in the May 11, 2005, staff report. The motion was seconded by Commissioner Johnson and passed unanimously. . . . Planmng CommISSIOn Mmutes May 25, 2005 Page 6 COMMUNICATIONS FROM THE PUBLIC None ST AFF REPORTS Scott Johns indicated that he has contacted John Cambalik at the Puget Sound Action Team trying to setup a date for a presentation to the Commission on low impact development techniques. A date has not yet been established for that presentation. Commissioners Kidd and Wharton indicated that they would be absent on June 22, 2005, and that they were very interested in the subject so they requested that it not be set for that meeting. Several commissioners asked questions about low impact development which Scott Johns attempted to answer. A lengthy discussion on low impact development techniques ensued. REPORTS OF COMMISSION MEMBERS Chair Rasmussen encouraged Commissioners to be pro active in their reviews and in bringing issues to the Council that they feel the Council should be aware of or would be of general information. As the remaining veteran Planning Commissioner, he is available to tour the City with those interested in identifying recent projects in which the previous Commission took part. Commissioner Snyder noted that the Port Angeles Forward meeting had not met and is moving its meeting to the second Thursday of each month. ADJOURNMENT The meeting adjourned at 8:45 p.m. ~aJv~,j Mark Madse , Secretary PREPARED BY. S. Roberds . ...PLANNING COMMISSION ....... ...CITY OF PORT ANGELES...... [ffi lE ~: - .~ ~ MAY 2 5 2005 CITY OF PORT ANGELES Dept. of Community Development ..BECAUSE I AM UNABLE TO BE PRESENT AT YOUR REGULAR MEETING ON 5-25-05 TO PRESENT MY COMMENTS TO YOU AT THE PUBLIC HEARING ITEM ON YOUR AGENDA ITEM, - REGARDING: "THE PROPOSED AMENDENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP" - PLEASE ACCEPT THESE COMMENTS FOR THE RECORD, IN MY ABSENCE....... THANK YOU.........(Paul Lamoureux) .........."SUBDIVISIONS / DEVELOPMENTS - AND - (NEIGHBORHOOD) PARKS".......... . ...WITH ALL OF THE RESIDENTIAL HOUSING "DEVELOPMENTS" (SUBDIVISIONS, ET AL) HAPPENING IN PORT ANGELES - PUTTING NOT ONL Y NEW AND ADDITIONAL FINANCIAL BURDENS ON CITY UTILITY SERVICES, BUT ALSO ADDITIONAL OPERATIONS AND MAINTENANCE EXPENSES FOR "NEIGHBORHOOD PARKS" WITHIN THE "DEVELOPMENTS" - - I OFFER THIS.......... ...THE "PERMITTING PROCESS" FOR SUBDIVISIONS, RESIDENTIAL DEVELOPMENTS, ANNEXATION AREAS, ETC. SHOULD INCLUDE A "CONDITION" THAT ALL PRESCRIBED "PARK AREAS" (WITHIN) - WILL BE PLANNED, CONSTRUCTED, OPERATED, AND MAINTAINED TO CITY REQUIREMENTS BY THE DEVELOPER / DEVELOPMENT / OWNERS - (NOT- BY THE CITY). ...THE CITY OF PORT ANGELES CAN (NOT) AFFORD TO OWN, MAINTAIN, OR BE RESPONSIBLE FOR PRIVATE OWNERSHIP "PARK AREAS" WITHIN THE CITY LIMITS, OR "UGA" (URBAN GROWTH AREAS). ...PRESENTLY, THE CITY CAN HARDLY MAINTAIN IN GOOD ORDER THE PARKS ALREADY IN EXISTENCE. . ...PRIVATE OWNERSHIP HOUSING "AREAS" SHOULD BE RESPONSIBLE (AND REQUIRED) TO SERVICE (THEIR) PARKS, AS "NEIGHBORHOOD PARKS" - AND THAT SHOULD BE A PART OF THE 'PERMITTING PROCESS'. . ...THE CITY JUST RECENTLY (IN EARLY 2005) CONSIDERED SEVERAL CITY "NEIGHBORHOOD PARKS" TO BE "SUPLUS" FOR SALE - AS THE NUMBER OF PARK AREAS ARE BECOMING A FINANCIAL BURDEN ON PRESENT CITY BUDGETS. ...AS A MATTER OF RECORD, I ALSO SPOKE TO - THE THEN PLANNING COMMISSION MEMBERS, IN SETEMBER 2004 - ON THIS ISSUE, AT A PUBLIC HEARING ON: MUNICIPAL CODE AMENDMENT - MCA 04-02 CITY WIDE. ...RESPECTFULL Y SUBMITTED, Paul Lamoureux....602 E. Whidby, Port Angeles r~X6 (457 -4564). ..(paulrl@olypen.eom)........................ ...(Ene:) Plan. Comm. Minutes - (5 -11- 05); and, (9-22-04). ...CC: MIKE QUINN, BILL BLOOR, MARK MADSEN, GLENN CUTLER, ALLAN GOFF . . , , I Planmng CommiSSIOn Minutes May} 1.2005 PROPOSED AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND USE MAP: Yearly review and update to the Plan. Associate Planner Scott Johns reviewed staffs memorandum summanzmg proposed amendments to the City's Comprehensive Plan, which are a result ofthe City's yearly review of the Plan. He explained that the amendments are: a result of recent Council actions with regard to a rezone of properties in the west area of the City; an annexation of a portion of the City's southwestern urban growth area (UGA); recent Growth Management Hearings Board rulings regarding density thresholds; a Regional Transportation Plan Organization recommendation; and the inclusion of a park and recreation element in the Plan. He added that a proposal to pre designate property currently under consideration for annexation to the City had been proposed in early January, 2005, to the previous Planning Commission but staff had been directed not to pursue the matter gIven its complexity. The proposal is under consideratIOn due to recent annexation actions with the other amendments. This issue will be included in the current review but may not be considered until May 25 due to noticing requirements. The entire Comprehensive Plan review action should be continued to May 25,2005, to allow for a consolidated review. Planner Johns expanded on the background of the amendments stating that those which involve a change or addition to the City's southwestern UGA were in response to requests from property owners in those areas. rhe Commission discussed the items generally, and concurred that neighborhood parks and recreatio.n issues need serious review particularly given the degree of subdivision development that has occurred within the past two years. Commissioner Kalish expressed disappointment in the City's draft Parks and Recreation Plan as it does not appear to provide a service to the citizens of the City. The Plan is deVOId of value as it is currently written, and she doubted that it would be a helpful component ofthe Comprehensive Plan. The Parks Comp Plan and the City's Land Use Comp Plan are dissimilar in many ways and the Park Plan does not really enhance the Comprehensive Plan. Planner Johns noted that the proposal to add a parks component to the City's Comprehensive Plan is not required but was proposed due to a suggestion-made by the State Department of Community, Trade, and Economic Development that such a component should be co 1 ere . n a city's drivmg ng docurn~nt. Chair Rasmussen opened the public aring. As there was no public present, Com . sioner Wharton moved to continue the item the May 25, 2005, regular l}1eeting at 6 p.m. The motion was seconded by Commissione Kalish and passed 6 - O. /' // (5/17/0'5 0;t:j~) 1(}, 99 . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 , September 22, 2004 6:00 p.m. ROLL CALL Members Present Bob PhIlpott, Fred Hewins, Linda Nutter, Chuck Schramm, Leonard Rasmussen, Dylan Honnold Members Excused: Fred Norton Staff Present: Brad Collins, Scott Johns Public Present: Betty Booher, Paul Lamoureux, Tyler Ahlgren, Tim W oolett APPROV AL OF MINUTES Commissioner Nutter moved to approve the minutes ofthe September 8, 2004, meeting as presented. The motions was seconded by Commissioner Rasmussen and passed 6 - O. . WORK SESSION: . Review of proposed development reeulations CitywIde. Titles 15 (EnVIronment), 16 (SubdIVISIons), 17 (Zomng) of the Port Angeles Municipal Code, and proposed new sectIOn adding park Impact fees to Title 3. ChaIr Hewms opened the work seSSIOn and asked staff to prOVIde a bnef overvIew of the updates made to the proposed code changes made smce the September 8, 2004, meetmg. Associate Planner Johns prOVIded that overvIew. Chair Hewins then stated that he would entertam a motion to move the public hearing portIOn of the meeting to precede the work session due to the members of the publIc m attendance. CommISSIOner Schramm stated that he would like the publIc heanng to remam open so that members of the publIc arnvmg late would have an opportumty to speak It was pomted out that the publIc heanng would be contmued to the October 13, 2004, meeting and that any members of the pubhc arnvmg later dunng the meetmg would have an opportumty to speak at the continued meeting Commissioner Nutter moved to continue the work session until after the public hearing. Commissioner Schramm suggested that the motion be stated so that latecomers would be assured of an opportunity to speak. Commissioner Nutter accepted the friendly amendment. The motion was seconded by Commissioner Schramm and passed 6 - O. PlalJl1lng CommlSSlO1J MWllles Seplember 22, 2004 Page 2 . PUBLIC HEARINGS: Municipal Code Amendment - MeA 04-02 City wide. AMEND VARIOUS SECTIONS OF THE PORT ANGELES MUNICIPAL CODE in compliance wIth the State mandated Growth Management Act (GMA) update of development regulations. Amendments to Chapters 15.20 (EnvIronmentally Sensitive Areas Protection), 15.24 (Wetlands ProtectIOn), 15.28 (Clearing, Grading, Filling, and Drainage), and Chapter 16.08 (Long SubdIvision). A new Chapter 3.71, introducing impact fees for the development of parks in the CIty. A general update of Title 17 (Zoning) to reVIse resIdentIal densities, add new definitions, nonconforming structures, Planned ResIdentIal Development, unclassified uses, add a new RS-ll Residential Smgle Family zone, a new CR CommercIal Regional zone, a new PID Planned Industrial Development Overlay zone, and a new IM Industrial Marine zone. Chmr Hewins mdicated that those who testify must sign the "Sign In" log and affirm that theIr testImony wIll be truthful to the best of theIr knowledge. Paul Lamoureux, 602 Whidbey, Port Angeles, W A stated that he had read the public announcement notice mdicating that there would be dIscussion pertaming to the City's parks and development reqUIrements. He stated that developments are for the profit ofthe developer but also benefitted the . CIty, however, due to budget cutbacks the City is not m a position to develop or maintain more park lands. It is hIS feeling that a development should provide park land for its residents and that Ifthe facilItIes are gIfted to the City at a later date that should be acceptable to the City. It should not be the developer's responsibIlity to provide park facIlitIes for those hvmg outside of a development. Chmr Hewms asked Mr. Lamoureux Ifhe had thoughts on how many lots in a development should cause the creation of a park area within a subdivision. Mr. Lamoureux did not have a specIfic number of lots in mind. Tim Woolett, 703 E 81h Street, Port Angeles WA stated that he agreed with most of Mr. Lamoureux's comments and stated that recreation facilities are a positive addition to neighborhood quality. Mr. W oolett recommended removing the section describing tree removal and prumng from Chapter 15.28 (Cleanng, Gradmg, Fillmg, and Dramage) so that the developer would not be reqUIred to go through a permit process if the proposed work is not located in an environmentally sensitive area. The cleanng of land outsIde of environmentally senSItive areas falls mto the JunsdIctIOn of Department of Natural Resource's Forest Practices PermIttmg A second recommendation is to Improve the defimtIOn of Landshde Hazard Area. He then passed out three documents on cottage housing and encouraged planmng staff and the Planning Commission to consIder the mclusIOn of cottage housing techmques into the zonmg code. Betty Booher, 1821 W. 4th Street, Port Angeles, W A expressed concern over the proposed removal of building materials stores from the zomng code, indicatmg that she occasionally needs bUIldmg materials and that It would be an mconvenience to leave town to acqUIre them. Associate Planner . Johns indIcated that budding matenal stores are only bemg removed from the Central Busmess DIstnct zone but not from any other zone. ~ORTANGELES WAS H I N G TON, USA PLANNING COMMISSION ATTENDANCE ROSTER AND TESTIMONY SIGN-UP SHEET PLEASE SIGN IN , Meeting Agenda of: 7r?1 c2::J ~ To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. If you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the State of Washington. Signature below DOES NOT REQUIRE you to testify. . 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