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WAS H I N G TON, U. S. A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
AGENDA
PLANNING COMMISSION
32l East Fifth Street
November 10, 2004
6 p.m.
I.
CALL TO ORDER
II.
ROLL CALL
III.
APPROVAL OF MINUTES: Regular meeting of October 27, 2004
IV.
PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 04-09 - MADDOX - 1105 South Eunice Street:
Proposal to continue operation of a neighborhood grocery store in the RS-7, Residential
Single Family zone.
PUBLIC MEETING:
FINAL APPROVAL OF OLYMPIC HEIGHTS SUBDIVISION (Formerly called the
Pilot Subdivision): 2300 Block of West Sixteenth Street:
V. COMMUNICATIONS FROM THE PUBLIC
VI. ST AFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
PLANNING COMMISSIONERS: Fred Hewins (Chair),Len Rasmussen (Vice Chair), Chuck Schramm, Fred Norton, Linda Nutter, Bob Philpott, Dylan Honnold
PLANNING STAFF: Brad Collins, Director; Scott Joms, Associate Planner; Sue Roberds, Assistant Planner.
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MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
November 10, 2004
6:00 p.m.
ROLLCALL
Members Present:
Bob Philpott, Fred Norton, Fred Hewins, Linda Nutter,
Chuck Schramm, Leonard Rasmussen, Dylan Honnold
Members Excused:
None
Staff Present:
Brad Collins, Sue Roberds
Public Present:
Tim and Sherie Maddox, Suzann Pilot, Brian Gaw1ey, Paul
Lamoreaux, Betty Booher
APPROVAL OF MINUTES
Commissioner Nutter moved to approve the October 27,2004 minutes as presented with
one typographical error. The motion was seconded by Commissioner Schramm and passed
5 - 0 with Commissioners Norton and Philpott abstaining due to their absence from the
meeting.
PUBLIC HEARINGS:
Chair Hewins 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.
CONDITIONAL USE PERMIT ~ CUP 04-09 - MADDOX - 1105 South Eunice Street:
Proposal to continue operation of a neighborhood grocery store in the RS-7, Residential
Single Family zone.
Assistant Planner Sue Roberds presented the Department's report recommending that the
Planning Commission approve the conditional use permit as proposed and responded to questions
regarding the proposed operation and site ingress/egress. Site ingress/egress should be limited onto
Lauridsen Boulevard and should be directed to an established secondary street rather than from the
Boulevard. Commissioner Nutter expressed discomfort with the proposed traffic pattern with regard
to the proposed drive up window. Chair Hewins opened the public hearing.
Sherie Maddox, 918 Tamarack Lane, Port Angeles responded to Commissioner Schramm
regarding use ofthe planned drive up window which is proposed for espresso service. The proposal
to place the window in a new location is due to the desire to duplicate the handling of customers and
to have the area near the cash register rather than at the end ofthe building which will allow for one
person to work the business when desired.
The Commissioners discussed ingress/egress to the site with the applicant as well as the
possibility of two drive up windows - one for ordering and one for pick up. However, as a window
on the south side ofthe site would restrict the established parking area while a north location would
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Planning Commission Minutes
November 10. 2004
Page 2
allow the proposal with very little site disturbance, Mrs. Maddox agreed that the window should be
located along the north side ofthe building rather than along the south side of the structure.
Tim Maddox, 918 Tamarack Lane, Port Angeles thanked the Commission for their brain
storming the site development and stated that a drive up window along the north side ofthe structure
made more sense.
Following continued discussion regarding site development and access, Chair Hewins closed
the public hearing. Commissioner Nutter moved to approve the conditional use permit with the
following conditions, findings, and conclusions:
Conditions:
l. The applicant shall meet all permitting and utility requirements including the provision of six
(6) improved and approved off~street parking spaces which must be approved by the City's
Public Works and Utilities Department.
2. Ingress and egress signage to the site will be placed at the direction of the City's Public
Works and Utilities Department. A drive up window use shall be located only on the north
side of the building with vehicle stacking for the window occurring only along the north and
east sides of the building.
3.
The building area shall not be further expanded without a new conditional use permit.
4.
Retail uses shall be limited to those primarily serving the immediate residential neighborhood
of a grocery store nature and shall not be expanded under the current residential zoning.
Findings:
Based on the information provided in the Community Development Staff Report for CUP 04-09
dated November 10, 2004, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and deliberation,
and the above listed conditions of approval, the City of Port Angeles Planning Commission hereby
finds that:
1. Timothy and Sherie Maddox applied for a conditional use permit to allow the continuation
of a nonconforming market use at 1105 S. Eunice Street in the RS-7 Residential Single
Family zone on October 12, 2004.
2. The subject site includes Lots 5 and 6, Block 337, Townsite of Port Angeles and is
approximately 11,500 square feet in area. The site is developed with a small structure at the
southwest corner ofthe site. The northern portion of the site is undeveloped.
3.
The site is located in the City's North Central Planning area along Lauridsen Boulevard at
its intersections with South Eunice and East 11 th Streets.
4.
The Comprehensive Plan designates the site and areas to the north and west as Low Density
Residential (LDR). Land Use Element Goal A and Policies A.I and A.2; Land Use Element
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Planning Commission Minutes
November /0, 2004
Page 3
Residential Goal C and Policies C.1 and C.2; and Land Use Element Commercial Goal D,
Policy D.l, Goal E, and Policies E.3, E.7, and E.8 were found to be most relevant to the
proposal.
5.
The site is zoned RS-7 Residential Single Family. Surrounding zoning includes RS-7 and
RMD Residential Medium Density.
6.
Uses consistent with the intent of the RS-7 zone are allowed by conditional use permit per
Section 17.1 0.040(R) P AMC. The intent of the RS-7 Zone is "a low density residential zone
intended to create and preserve urban single family residential neighborhoods consisting of
predominantly single family homes on standard Townsite-size lots. Uses which are
compatible with and functionally related to a single family residential environment may also
be located in this zone. Because ofland use impacts associated with nonresidential uses, few
nonresidential uses are allowed in this zone and then only conditionally.
7.
On June 9,2004, the Planning Commission approved CUP 04-04 for Marc Boyd to continue
operation ofthe nonconforming grocery store at 1105 South Eunice Street in the RS-7 zone
under Section 17.1 0.40(R) P AMC. The property has since been sold to the Maddoxes.
8.
Per 17.96.050 P AMC, the Planning Commission shall consider applications for conditional
use permit uses as specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission may grant said permits which are consistent and compatible with the
purpose of the zone in which the use is located, consistent with the Comprehensive Plan, and
not contrary to the public use and interest. In each application the Planning Commission may
impose whatever restrictions or conditions are considered essential to protect the public
health. safety, welfare. and to prevent depreciation of neighboring property. Conditional uses
must be evaluated to determine if the characteristics of the intended use as related to the
specific proposed site would defeat the purpose of the City's Zoning Regulations by
introducing incompatible, detrimental, or hazardous conditions. The Planning Commission
may refuse to issue a conditional use permit if the characteristics of the intended use would
defeat the purpose of the City's zoning regulations.
9. PAMe l4.40.030(L) requires off-street parking spaces to be provided for retail uses at one
space per 300 square feet of floor area. Seven parking spaces are currently provided on the
subject site.
10. Setbacks in the RS-7 zone for the subject site are 20 feet front and rear (offS. Eunice Street)
and 13 feet each side fronting on a street (Lauridsen Boulevard and E. 11 th Street). Maximum
lot coverage in the RS- 7 Zone is 30%. The setbacks for the existing building are in
conformance with the required setbacks not nonconforming per the applicant's site plan
along Lauridsen Boulevard, but the structure is an established nonconforming.
11.
The existing grocery store is an established, nonconforming use that has served the
neighborhood for many years. The drive up espresso use was added without benefit of
permits within the past three years and has no legal nonconforming status. The applicant's
current proposal is to legally create a drive up window along the north side of the structure.
This is the only change in the historic operation ofthe site.
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Plllnning Commission Minutes
November 10.2004
Pllge4
12. The site can be accessed from the three streets on which it fronts - Eunice Street, Lauridsen
Boulevard and 11th Street - with developed access from Eunice Street and Lauridsen
Boulevard. The site contains sufficient area to accommodate parking required for the
operation of site activities.
13. The application and site plan do not contain a proposed parking plan.
14. Initial comments received from the City's Public Works and Utilities Department addressed
the need for the relocation of improved parking that would be displaced by the originally
proposed remodel along the south building wall and ingress/egress to the site. Discussion
with the Planning Commission resulted in the proposed drive up window being moved to the
north side ofthe structure. The Fire Department had no concerns. Written comments received
from City departments have been included in staffs analysis.
15. Notification of the proposed action was placed in the Peninsula Daily News and mailed to
property owners within 300 feet of the subject property on October 20,2004. No written
comment was received.
l6. A Determination of Non-Significance was issued for the proposed action on November 4,
2004, per WAC 197-11-355.
17.
The Planning Commission conducted a public hearing on the proposal at the November 10,
2004, regular meeting.
Conclusions:
Based on the information provided in the Department of Community Development Staff Report for
CUP 04-09 dated November 10, 2004, including all of the information in the public record file,
comments, and testimony presented during the public hearing, the Planning Commission's discussion
and deliberation, and the above listed conditions of approval and listed findings, the City of Port
Angeles Planning Commission hereby concludes that:
1. As conditioned, continuation of the nonforming use is consistent with the intent of the
Comprehensive Plan, specifically with Land Use Element Goal A and Policies A.1 and A.2;
Land Use Element Residential Goal C and Policies c.t and C.2; and Land Use Element
Commercial Goal D, PolicyD.1, Goal E, and Policies E.3, E.7, and E.8.
2. Approval of CUP 04-04 under Section 17.10.040(R) of the Port Angeles Municipal Code
established the precedent that such a use can be a compatible use in the RS-7 Zone.
Therefore, the proposed use is consistent with the City's zoning regulations.
3.
The proposal is consistent with the procedural requirements for approval of a conditional use
permit as specified in PAMC 17.96.050.
4. As conditioned, the proposal is consistent with PAMC Chapter 14.40 (Parking Ordinance).
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Planning Commission Minutes
November 10, 2004
Page 5
5. To avoid left turn ingress across Lauridsen Boulevard and the stacking of vehicles entering
from Lauridsen Boulevard which could create turning conflicts with the intersection of
Eunice Street and Lauridsen Boulevard or with the egress of vehicles onto Lauridsen
Boulevard, vehicle access to the site should be limited to Eunice Street.
6. As conditioned, continued operation of this small grocery store would not seem to have
adverse impacts on traffic patterns.
7. As conditioned, the proposal is in the public interest as it supports the needs of residents in
the neighborhood.
Commissioner Norton seconded the motion which passed 7 - O.
The Commission took a 10 minute break at 7 p.m. The meeting reconvened at 7:10 p.m.
PUBLIC MEETING:
FINAL APPROVAL OF OLYMPIC HEIGHTS SUBDIVISION (Formerly called the
Pilot Subdivision): 2200 Block of West Sixteenth Street:
Assistant Planner Sue Roberds presented the Department's report recommending that the
Planning Commission recommend final approval of Phase I of the subdivision. All conditions of
preliminary approval have been met for the ~rst phase J.hich consists of Lots 1 - 6 fronting on West
Sixteenth Street. Following questions, the Commission further discussed the development.
In response to Commissioners Rasmussen and Philpott's concerns that low impact
development standards will not provide for street improvements that neighborhoods should be
developed for an urban setting, Director Collins stated that the primary motivation for instituting
the new standards was to better manage stormwater through a biofiltration process rather than an
engineering solution. The engineering solution is to collect water and deposit it into another body
of water as quickly as possible which has caused harm to receiving waters and so other options for
filtering the water was sought. Low impact development standards will allow stormwater to be
deposited more slowly after passing through a biofiltration system of ditches. Although the Council
was concerned that the City could not compete with development costs in the County versus the City,
low impact development standards were designed mainly to reduce stormwater and street
development costs.
Commissioner Rasmussen stressed that the City really needs to be careful to preserve
adequate right-of-way for future development needs. Director Collins noted that although road way
improvements are reduced under low impact development standards, right-of-way dedication
remains the same. The rights-of-way are just not initially developed as wide as in other areas ofthe
City. If in the future the City decides that an area desires or needs more road width, the right-of-way
will be available. In actuality, low impact development standards provides two feet of additional
driving width because there are no parking lanes.
Assistant Planner Roberds responded to additional questions stating that the City will be
placing "No Parking" signs rather than the applicant doing so, at the applicant's expense, and that
a cash assignment has been submitted for the [mal gravel surface of the pedestrian paths. It is not
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Planning Commission Minutes
November 10, 2004
Page 6
logical to ask the applicant to place the gravel pathway at this point then tear it up to install driveway
culverts with individual site development.
Following discussion, Commissioner Norton moved to recommend that the City Council
approve Phase I of the subdivision citing the following findings and conclusions as amended
by staff:
Findings:
1. Property owner Suzann Pilot submitted a request for final approval of Phase I of the Pilot
Subdivision approved on March 16, 2004, for Pilot International. The property is identified
as being Suburban Lot 78 within the Townsite of Port Angeles located between the 2200
Blocks ofW est Fourteenth and West Sixteenth Streets. The entire site is approximately 8.66
acres in size. Phase I of the subdivision consists of Lots 1 - 6 ofthe 32-unit subdivision. The
application also indicates a change in the subdivision name from Pilot Subdivision to
Olympic Heights Subdivision.
2. The subject property is identified on the Port Angeles Zoning Map as Single Family
Residential (RS-9) which allows a density of up to 9 units per acre. Each lot in Phase I of
the subdivision will be at least 9,000 square feet in area and is consistent with the approved
preliminary plat.
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3.
Chapter 16.08 of the Port Angeles Municipal Code (P AMC) sets forth local requirements for
the final approval of subdivisions. Section 16.08.070(G) P AMC provides that the Planning
Commission shall examine the final plat along with the recommendations of the City
Departments and shall forward a recommendation thereon to the City Council which shall
either approve or disapprove the final plat following a public hearing.
4. The Revised Code of Washington RCW 58.17 contains the State's guidelines for the uniform
division ofland within the State. 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 and 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 and other public
ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, and schools 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.
5. The subdivision was preliminarily approved to be developed in three phases. No timing for
the phasing was proposed; however, preliminary approval for all phases will expire five years
after City Council approval of the preliminary plat which was March 16,2004.
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6.
The subject property is identified as Low Density Residential (LDR) on the Port Angeles
Comprehensive Plan land use map. The purpose of the City's RS-9, Residential Single
Family zone is a low density residential zone intended to create and preserve urban single
family residential neighborhoods consisting of predominantly single family homes on larger
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Planning Commission Minutes
November 10, 2004
Page 7
than standard Townsite-size lots. Uses that are compatible with and functionally related to
a single family residential environment may be located in this zone.
7.
The Port Angeles Public Works and Utilities, Parks, and Fire Departments reviewed the final
proposal for Phase I of the subdivision and their comments have been incorporated in the
Department's recommendation of approval. The Public Works and Utilities Department has
agreed to sign West Sixteenth Street for ''No Parking" and to paint the last 50' of the curb at
the west end of the street red indicating no parking in the turnaround area.
8.
The site is served by City water, power, sewer, refuse pickup, and emergency services, and
cable and telecommunications services are available to the subject lots.
9.
Site development was done per an approved engineered clearinglgradinglstormwater plan
submitted by Zenovic and Associates due to the historic drainage concerns in the area.
10.
The Comprehensive Plan requires concurrency at the time of development for streets, water
service, sanitary sewer service, and electrical service (Capital Facilities Element Policy A9)
and should require concurrency at the time of development for solid waste collection,
stormwater management, telecommunications service, and emergency service (Capital
Facilities Element Policy A1 0). The City should not approve any development that will not
be served at or greater than a city-wide level of service standard of9 acres of parks per 1,000
population within six years from the time of development (Capital Facilities Element Policy
All ).
11. Phase I is served by West Sixteenth Street, which is a local access street, and ''N'' Street,
which is an arterial street. Improvement of West Sixteenth Street including a ditch and
pedestrian walking path per the City's low impact development standards has been done by
the proponent along the site's southern frontage of 30' for the continued development of
West Sixteenth Street. The south one-half of West Sixteenth Street is fully improved with
curb and gutter and can accommodate on-street parking if needed, however, the north side
ofthe street abutting the subdivision cannot contain on-street parking due to its development
to the low impact development standards. ''No Parking" signs must be posted along the
north side of West Sixteenth Street, and the restriction observed.
l2. The City's low impact development standards for suburban areas were adopted in 2003 with
the understanding that subdivisions developed under the reduced standards would not allow
for on-street parking. Site development and design for residential lots developed under the
lower impact development standards need to accommodate resident parking and visitor
parking on-site.
13.
Building permits are required for all structures within the subdivision. All local building and
Fire Codes will require compliance during construction including residential sprinkler
systems.
14. The Port Angeles School District has been notified ofthe subdivision development to allow
planning for needed school facilities and routes.
Planning Commission Minules
November /0, 2004
Page 8
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15.
The City's Parks Department responded that they are aware of the preliminary proposal and
do not believe the level of service for the area will be hampered as a result of the
development. The City's LOS for parks and recreational services is 9 acres for 1,000
population and must be provided within six years from the time of development. An
undeveloped wooded property donated to the City for a park use is located approximately Y2
mile north ofthe subject site along "N" Street. The nearest public playground area is located
approximately one mile north at Crown Park.
16. The City's State Environmental Policy Act (SEPA) Responsible Official issued a
Determination of Nonsignificance for the preliminary subdivision on February 5, 2004,
therefore satisfYing the City's responsibility under the Act.
17. The William R. Fairchild International Airport is located south of the site. Port of Port
Angeles staff have been notified of the proposed subdivision proposal and per agreement
with the Port, it is expected that those who purchase properties in the final subdivision will
be aware of the existing on-going airport operations through a note on the title.
18.
The Planning Commission's decision is a recommendation to the City Council who will
conduct a public hearing on the final plat approval ofthe subdivision. The Commission acts
as the City's hearing body for preliminary subdivision approval. Reports are advisory only
to ensure compliance to the City's Comprehensive Plan and to planning standards and
specifications adopted by the City.
19. The site was conspicuously posted on October 22, 2004, in accord with Section 16.08.070(G)
P AMC which prescribes notification for the approval of a final subdivision. No written
comments have been received to date.
Conclusions:
A. As conditioned, the proposed final of Phase I of the subdivision is consistent with the Port
Angeles Comprehensive Plan, Zoning Code, S ubdi vision Ordinance (Chapter 16.08 P AMC),
and Chapter 58.17 RCW of the Washington State Subdivision Act. Development of Phase
I is in compliance with the conditions of preliminary approval of the subdivision approved
on March 16, 2004.
B. Appropriate provisions were 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 in the preliminary approval and remain in
effect.
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C.
Signage educating residents and visitors as to the prohibition of on-street parking will ensure
that streets developed to the City's low impact development standards will remain passable
for public safety situations when on-street parking could prevent ease of passage for
emergency vehicles and sight distance safety issues.
Planning Commission Minutes
November J 0, 1004
Page 9
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D.
As the site has served as a drainage area over the years and due to the area ofthe site and its
topography, clearing and grading activities were done under an approved engineered
clearinglgradinglstormwater drainage plan that will handle the existing drainage and future
stormwater issues as a result of development through the subdivision process.
E. The preliminary proposal was reviewed with respect to the Comprehensive Plan and was
found to be in compliance with the Plan's goals and policies for residential development.
F. The public interest is served in the platting ofthis 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 State of
Washington Growth Management Act.
The motion was seconded by Commission Honnold and passed 6 - 1 with
Commissioner Philpott voting in the negative. Commissioner Philpott noted for the record
that he is against the City allowing low impact development standards.
COMMUNICATIONS FROM THE PUBLIC
None
. STAFF REPORTS
Director Collins noted that there will be two vacancies on the Planning Commission in 2005
and asked the Commissioners for help in recruiting for the positions.
REPORTS OF COMMISSION MEMBERS
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Commissioner Schramm voiced his concern regarding the proposed reorganization of the
Department of Community Development. His main concern is that the system of checks and
balances that is so important in a democratic government could be or could at least appear to be
compromised ifthe person in charge of economic development for the City is the same person who
is also responsible for representing the entire citizenry through the Community Development
Department. When you put the same person who is responsible for shepherding a development
through a development process in charge of a department that is also responsible to those who may
be impacted by that development, a conflict of interest arises. It takes away from the process that
protects the citizens of the City by making the same person in charge of both economic and
community development.
Commissioner Rasmussen agreed with Commissioner Schramm's points and also would like
to revisit the issue of low impact development standards. He believes the City should be keeping
an eye on how the new development standards are working and be open to amending those standards
if they are not providing the level of service that urban development needs. Some components of
the new standards may not work and may have to be revised. He added that he will be out oftown
for the December 8th meeting.
Commissioner Philpott agreed with both previous speakers on both issues spoken to. The
proposed Departmental reorganization is not to his liking and he is certain that it is not in the best
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Planning Commission Minutes
November J O. 2004
Page 10
interest of the citizens of Port Angeles. He was distressed that so little notice was given to
Commission members and that their opinion was not sought prior to the decision.
Commissioner Nutter too was dismayed that neither the City Councilor City Manager had
discussed the proposed Departmental reorganization with the Planning Commission prior to making
such a decision. She was concerned that the City Council does not recognize the value of the
Planning Commission and the time that is donated to the community by its members in making such
a decision without speaking to the Commissioners before taking an action on such a decision. The
Community Development Department needs the leadership of a director and so does the Planning
Commission.
Commissioner Hewins felt that the City Council may have been a little short sighted in the
reorganization proposal. It doesn't seem that the proposal was very well thought out, or at least it
doesn't appear to have been aired out with different scenarios considered. He noted that the Town
of Chimacum has low impact development standards that don't seem to be being enforced. He
wondered if when these types of changes are made if people are willing to monitor them to see if
they work and what is willing to be done if they don't. He likened this to the proposed
reorganizational change. He will not be available to attend the December 8th meeting.
ADJOURNMENT
The meeting adjourned at 9 p.m.
Brad Collins, Secretary
PREPARED BY: S. Roberds
· ~ORTANGELES
WAS H I N G TON, U. S. A.
PLANNING COMMISSION ATTENDANCE ROSTER
AND TESTIl\10NY SIGN-UP SHEET
PLEASE SIGN IN
Meeting Agenda of: ~/ /~ I??~)I
. To help us provide an accurate record of those in attendance, please sign in. Your
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NAME: ADDRESS~ Agenda Item No.
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