HomeMy WebLinkAbout1982-03-24; Planning Commission; MinutesMINUTES
M!!TING OP: PU-■l■C CODIISIO■
March 24, 1982 DAT! OP M!!TIMG:
TIM! OP Ml!TIMG: 7:00 P.M.
Pt.AC! OF MEETING: City Council Ch-bera
CALL TO ORDER
The meeting waa called to order by Chairman Farrow at
7:03 P.M.
ROLL CALL
Preaent -Parrow, Roabotia, L'Heureux, Joae, and
Schlehuber.
~ -Prieatedt, and Marcus.
Staff Membera preaent were:
Michael Holzmiller, Principal Planner
Bill Hofman, Aaaociate Planner
Charle• Gri-, Aaaiatant Planner
Michael Rovea, Aaaiatant Planner
Richard Allen, Principal Civil Engineer
Ex-Officio Member• preaent were:
Jame• Hagaman, Planning Director
Daniel Rentachke, Aaaiatant City Attorney
PLEDGE OP ALLEGIANCE waa led by Chairman Farrow.
PLANNING COMMISSION PROCEDURES
Chairman Parrow explained Planning Co-iaa1on procedure•
in ita capacity aa an adviaory C01aiaaion to the City
Council, and identified thoae -ttera delegated to the
Planning co-iaaion for a final deciaion. Chairman Farrow
further explained the procedure obaerved by the co-iasion
during public hearing iteati.
r.ONTINU!D PUBLIC R!ARINGS
1. V-334 1 SIXP!NC! IDS -Requeat for a variance to
exceed the aaxi-height reatrictiona for a
freeway-oriented aign to identify uaes located on
the north aide of El■ Avenue i-ediately adjacent
to the Interatate 5 freeway off-ra■p.
Michael Rolniller gave a ataff report on the -tter, and
indicated thats-waa continued fro■ a previoua ■eetin~
due to a legal proble■ with regard to the definition of a
freeway aervice facility.
Mr. Rolniller continued that the ordinance indicate, that
a freeway aervice facility ia the lot or parcel that ia
risbt at the freeway on or off reap, and in order to allow
sixpence to be identified it would take an a■endr.ent to
th• Zonin1 Ordinance.
The Aaaiatant City Attorney explained that the
interpretation the City baa taken in the paat conflict•
with the langua1e of the Ordinance. Re added that hie
office aupporta Staff'• position, and auggeated that if
th• c-i•aion cbo••• to 1rant the variance, a Zone Code
,Aaendaent ahould be initiated to addreaa the i11ue of
freeway aervice facilitiea with co~n Iota auch a, this
project.
Cheiraan Parrow opened the public hearing at 7:16 P.M.,
•d extended the invitation to apeak.
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March 24, 1982 Pa,;e 2
The Co-i11ion recognized Mr. Donald Sodaro, Pre1ident of
Sixpence Inna. Mr. Sodaro indicated that the 1ign i1
e11ential to a 1ucce11ful project, and a pre-condition to
•tarting 1ame. He urged approval of the variance, and
expre1aed willingne11 to re1pond to any que1tion1.
The Co-i1aion recognized Mr. John Grant, 4056 Skyline
Drive, Carl1bad. Hr. Grant indicated that he own, part of
the Standard Chevron property, and 1poke in favor of the
project. He f~rther 1tated that the variance to the
height limit i1 needed for freeway visibility.
C~ia1ioner Joie stated hi1 opinion that the present
height limit and vi1ibility i1 adequate.
Director Hagaman indicatP.d that Council had concern,
regarding the sign regulation, and directed Staff to 1tudy
1tandard1 and regulation, relative to the height of the
1ite the 1ign wa1 on, and whether the freeway wa■ elevated
or not, to obtain equity of vi1ibility for freeway 1ign■•
co-i11ion di1cu1sion related to freeway vi1ibility of the
pre1ent 1ign, and freeway-oriented uses identified by the
pre1ent Ordinance.
The Comi1sion recognized Mr,. Marian Johnson, 988 Grand
Avenue, Carl1bad. Hrs. John1on expre11ed concern
regarding the existing condition of the lot, and stated
her opinion that Grand Avenue is not wide enough to
accomodate the project. She ■poke in oppo1ition to the
variance, and reque1ted denial of 1ame.
Mr. Sodaro re1ponded that the 1treet will be widened with
curb• and gutter, in1talled, and will mainly be used for
eaergency acce1a. He added that the main entrance to the
property will be in the front.
Since no one el1e wi1hed to ■peak on the matter, Chairman
Farrow clo1ed the public hearing at 7:40 P.M.
The Co-i11ion di1cu11ed the future panel for adverti1ing
an additional future freeway-oriented u1e.
co-i11ioner L'Heureux expre11ed concern regarding the
location of the panel for freeway vi1ibility, and
1u11e1ted the panel be incorporated into the larger 1ign,
The c-i■1ion adopted the following Re1olution, approving
V-334 ba1ed on the findin11 and 1ubject to the condition,
contained therein; and approval by the Planning Director
of the location of the future panel and the finding
that•--i1 for a freeway-oriented u1e, and that 1aae
be 1randfathered in under the old Specific Plan and
esi1tin1 interpretation:
USOLUTIOII NO, 1928, APPROVING A VARIANCE TO ALLOW
A Pl!!WAY-Ollllff!D SIGN TO IXCl!O TH! MAXIMUM
RIIGHT LIMIT IIY 8 FEET FOi A TOTAL SIGN HEIGHT OF
58 FUT, OR PROPDTY Gllf!RALLY LOCATED ON TH!
NOITR SID! OF ELM AVINU! lll!TWl!N TH! INTERSTATE 5
,UIWAY OFF-RAMP AMD HARDING STR!!T.
The coaai11ion directed Staff to return with an a-nd-nt
to the zone Code to revi1e the exi1ting require-nt, for
airn• for freeway ee rvice facilitie,.
Farrow
L'Heureux
Roabotie
Joee
Schlehuber
Farrow
L'Heureux
Roabotie
Joie
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March 24, 1982 Page 3 COIIIIIISIONERS
2. ZC-255/CT 81-19/CP-1991 SHEFFLER. Requeet for
approval of a Zone Change for a portion of the
property fro■ R-A-10,000 to RD-H, a Tentative
Subdivi1ion Map to create 50 1ingle family lot, and
l condominiu■ lot and a condominium per■it to
develop 33 unit, on the northweat corner of El
Camino Reil and Che1tnut Avenue in the R-A-10,000
Zone.
With the aid of a traneparency ahowing the location of the
project, Michael Holzmiller gave the ataff report.
Richard Allen continued the etaff report, explaining the
Chestnut Avenue realign-nt atudy and traffic analyeia.
He added that Staff feel, traffic will be mitigated by the
i■provementa propo1ed by the applicant .
Michael Holz■iller indicated that St•ff and varioua
Co-i11ioner1 are rec~nding the following reviaione
to Re,olution No. 1917:
Condition 19 -Reviee to read, "The applicant shall
place a deed reatriction on Lots~ and
42. "
Condition 20 -Reviee to incorporate that the
attenuation would be in compliance with
the HUD noise euitability criteria.
Condition 24 -Revi,e to reflect the intent was for
1creening on the individual lots, to be
maintained by individual property owners
once the lot• are aold.
Condition 31 -Revi,e to read, "All private 1treeta and
drainage 1y1tea1 ahall be maintained by
the condo■iniu■ homeowner,' ft11ociation in
perpetuity."
Cond i tion 35 -Reviae to provide for improvement• to be
in,talled in conjunction with the
developaent of the project.
Cond i tion 37 -Revi1e to provide for i■prove-nta to be
inatalled in conjunction with the
development of the project.
Condi tion 45 -Revi,e to read, "All private 11treet1
aball be kept clear of parked vehicle■ at
all ti-•, "
Condit ion 48 -l evi ,e to incorporate tbe City'•
Street,cape theme policy along the two
1treet1 to ellow a natural ,etting.
Condition 49 -l eviae to provide hydroaeeding for
vegetation to control ero,ion on the
building pad,.
Mr. Rolniller conti nued that alao of concern to variou,
ca.aieeionen, but not relat ing to epecific condition,, wu t he 1rade of the driveway, a, ateeper driveway, ~ere a
tradaoff to ■iniaiae 1rading; that the condo■iniu■ portion
be do•elope• prior t o or concurrent with tbe 1in1le fa■ily
portlODi aad tbe realipaant of Street "C" to -ke a
.-ooth conaection with St reat "A".
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March 24, l Q82 Page 4
Chainun Parrow opened the public hearing at 8:08 P.M.,
and extended the invitation to apeak.
The Co-iaaion recognized Mr. Ronald Null, 2124 !1 c .. ino
Real, Oceanaide, Attorney repreaenting the applicant. Mr.
Null referenced Condition No. 18 of Reaolution No. 1917,
And requeated that•-be deleted. Re indicated that he
aub~itted a propoaed deed reatriction to the City
Attorney, and with aoae modification• he has approved it.
Mi-. Null continued that the applicant would agree to a
condition reatricting phaaing, to allow the condo■i~iuas
and aingle faily hoaea to be developed eiaultaneoualy.
Re added that after the reviaion• were -de to the -P the
applicant sent out letter• to reaidents and ho■eovners in
the area outlining the change• made. In conclusion, Mr.
Null requeated approval of the project, and expressed
willingneas to reapond to any queations.
The Cow.iesion recognized Mr. Bob Ladwig, Rick
Engineering, 3088 Pio Pico, Carlsbad. Mr. Ladwig stated
that they are in agreement with the condition• reco-ended
by Staff, the addition of the noise requirement to RUD
atandards, and the realignment of Street "C".
Mr. Ladwig continued to atate that the applicant i• alao
in agree■ent vith the co-nta made by Richard Allen with
regard to the traffic i■pact• created by the project, and
requested approval•-·
The Coanission recognized Mr. Jim Clausen, 2120 Janis Way,
Carlsbad. Mr. Clausen indicated that he was speaking for
aollN! of tha reaidenta in the area, and atated that they
are in agreement with the reviaed project.
The co-iaaion recognized Mr. lev1n lelao, 3635 Catalina
Drive, Carlabad. Mr. lelao atated hie opinion that the
project ia feasible; however, expreaaed concern with
regard to the a■ount of greenbelt it provide•.
Since no one elae viahed to speak on the -tter, Chainun
Parrow closed the public hearing at 8:20 P.H.
ca..iaaion diacuaaion reflected the poaaible deletion of
Condition No. 18 regarding the deed reatriction, and the
developaent of both the condo■iniuaa and single faily
hoae• aiaultaneoualy.
eo-iaaioner Schlehuber expreaaed concern that there are
no pro•iaiona for an -rgency exit.
With regard to the deed restriction, the Aaaiatant City
Attorney explained that•-would require private
enforc.-nt, and Staff auggeated that it be indicated on
the final aap rather, than a deed reatriction.
The coaiaaion directed Staff to prepare the neceaaary
doc ... nta recoa■ending approval of ZC-255/CT 81-19/CP-199;
with tha re•i•ion• outlined by Staff, the incorporation of
Conditions Ro. 18 and 50, the require-nt for approval b,-
the Planning Director with regard to the noiae attenuation
aloes 11 Caaino Real, clarification of the engineering
condition regarding the widenina of Chestnut Avenue along
th• south aide, and_t~• addition of a condition rel~ting
to the phasing requ1r1ng the R-1 to be developed prior to
or concurrent with the condo■iniu■ developaent.
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Huch 24, 1982 Page 5
NEW PUBLIC HEARINGS
3. CUP-211, MIZERA. Re~ueat for a Conditional Use
Permit to allow additional video games in
conjunction with an existing delicatessen in the
C-2 Zone.
With the aid of a transparency showing the location of the
project, Michael Holzmiller gave a staff report on the
matter. He indicated that Staff still has concerns
regarding this type of use in the redevelopment area;
however, is reco-ending approval as it will be operated
as an adjunct to an existing, established business.
Chairman Farrow opened the public hearing at 8:44 P.M .,
and extended the invitation to speak.
The Co-iaaion recognized Mr . Hana Mizera, the applicant.
Mr. Mizera stated that hie request is geared toward a
family oriented uae, and indicated that in contacting
ad;oining businesa ovnera he received no objectiona.
Mr. Hizera referenced the restrictions regarding alcoholic
beverage• and no children during school hours, and stated
hie opinion that same is discriminatory. He auggeated
that auch reatrictiona should be placed on all busineaaea
with video games.
Coaaiaaion diacuaeion related to Condition No. 4 of the
Reeolution with regard to alcoholic beverages, and
the potential impact on eurrounding buaineaaea and the
redevelopment area.
The r.oa111i11ion recognized Mr. Harold Clarke, 824 Caminita
Del Reposo, Carlabad. Mr. Clarke expressed concern
regarding approval of the CUP due to the potential impact
it will have on the surrounding bu1ine11e1, and spoke in
oppoaition to the requeat.
The C011111ia1ion recognized Mr. Hal Zack, 3969 AdUl8 Street,
carlabad. Hr. Zack apoke in favor of the application;
hovever, indicated he would be oppoaed to any new arcadea
in the village area. He added that he is in favor of this
CUP due to the fact that it i1 an addition to an exiating
quality buaineaa, and urged approval of aame.
The co-iaaion recognized Mr. Gene For1yth, 585 Grand
Avenue, Carlabad. Hr. Forayth apoke in favor of the
application, and requeated conaideration of aame.
Since no one elae viahed to apeak on the matter, Chairman
rarrow cloaed the public hearing at 9:07 P.H.
ca.aiaaioner Schlehuber referenced Condition No. 2 of the
aeaolution, and auggeated that ■-e be reviaed to apecify
that the CUP ia only iaaued to thia applicant, in the
event of a change of ovnerahip.
It waa noted for the record that Staff received a letter
froa Kr. John Landry regarding the project .
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March 24, l 982 Page 6
The Co-i11ion adopted the following Re1olution approving
CUP-211, ba1ed on the finding, and 1ubject to the
condition, contained therein; with the following
revilion1:
1-Revi1ion of Condition No . 2 to reatrict the granting
of the CUP to Mr . and Mr1 . Rani Mizera; therefore,
not a1signable to any other owner or le1aee.
2-Revi1ion of Condition No. 4 to read, "No alcoholic
beverage, 1hall be con1umed at the site."
3-Deletion of Condition No. 6.
4-Addition of a condition re1tricting the maximum
number of machines allowed under thi1 penait to
twelve 02).
RESOLUTION NO. 1934, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW VIDEO GAMES IN CONJUNCTION WITH AN
EXISTING DELICATESSEN ON PROPERTY GENERALLY LOCATED
ON THE SOUTHWEST CORNER OP GRAND AVENUE AND ROOSEVELT
STREET AND ADDRESSED AS 595 GRAHD AVENUE.
4. CT 82-3/CP-2031 JEREZ COMPANY. Request for a 6 unit
Tentative Tract Map and Condominium Permit on a .38
acre lot at 7506 Jerez Court, La Co1ta, in the RD-M
Zone .
Bill Hofman gave a staff report on the matter, with the
aid of a tran1parency shoving the location of the
project.
Chairman Parrow opened the public hearing at 9:11 P.M.,
and extended the invitation to speak.
The co-ission recognized Mr. Bob Wilkinson, 3331 Poster
Street, Carl1bad, repre1enting the applicant. Mr.
Wilkin1on reque1ted a,proval of the project, and
expre11ed villingne11 to reapond to any queationa.
Since no one el1e vi1hed to 1peak on the matter, Chairman
Farrow clo1ed the public hearing at 9:14 P.M.
Th• Coaai11ion approved the Negative Declaration i11ued
by th• Planning Director, and adopted the following
Reaolution approving CT 82-3/CP-203, baaed on the
findinaa and aubject to the condition• contained in the
ataff report:
USOLUTION NO. 1929, APPROVING A 6 UNIT TENTATIVE
TliCT iilP lib COIDONINIUM PlllMIT ON PROPIRTY
QIDIALLY LOCATID AT TRI IND OP J!UZ COURT IN LA
COSTA.
UCISS -aiainun Farrow called a receas at 9:14 P.M., and the
c~i11ion reconvened at 9:27 P.M ., with five -■ber1
preaent.
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Roabotia
Joie
Schlehuber
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Rr-.boti1
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March 24, 1982 Paj!e 7
5. ZC-240/SP-1821 ELM PROPERTIES. Request to change the
zone froa R-1-10,000 to Rea1dential Profesaional (RP)
and approval of a Specific Plan on property located
on the northeaat corner of El Camino Keal and Elm
Avenue.
With the aid of a tranaparency ehoving the location of
the project, Charle• Gri-gave the etaff report,
eaaentially aa contained in the written report.
Chairman Farrow opened the public hearing at 9:36 P.M.,
and extended the invitation to ■peak.
The co-iesion recognized Mr. John Bailey, Executive
Vice-Preaident of Luaardi Conatruction Co111pany. Mr.
Bailey co-ended Staff for their aaeistance on the
project, and gave a brief introduction on the matter.
The Co-isaion recognized Ma. Xaren Rarriaon of Sealand
DE~elop11ent, 1570 Linda Viata Drive, San Marcos. Me.
Harri~on gave aome background on the project, and with
the aid of a wall exhibit outlined the site plan.
The co-iasion recognized Mr. Don Schoell, of Schoell &
Paul, Inc., 755 Union Street, San Diego. With the aid of
a wall exhibit, Mr. Schoell outlined the revised
elevation• and site plan.
In reaponae to query by the applicant, the Aaaiatant City
Attorney explained that the adoption of a Specific Plan
or General Plan require• a -jority vote of all of the
member• of the Coaaiaeion, rather than a majority vote of
the quorum.
The co-iasion recognized Mr. Xennet'n Lounsbery, Attorney
repreaenting the Luaardi Conatruction Co■pany, 1570 Linda
Viata Drive, San Marco■• Mr. Lounat,ery addreued traffic
circulation, and indicated that the applicant reco-enda
acceas to Roap Way, and two curb cute to El c-ino Real,
which they feel ia conaiatent with the General Plan.
The co-iaaion recognised Mr. Charle, Strong, of Federhart
Aaociatea. Mr. Strong reaponded to co-iaaion queationa
regarding traffic circulation •
ca.aiaaion diacuaaion related to alternative acceaa onto
11■ Avenue, ■itiaation of traffic circulation, and i■pact
oath• traffic due to the propoaed drive-thru facilitiea •
eo-iaaioner Joae atated he voted againat the &one change
in th• paat, and •~preaaed hia opinion that there ahould
be aoae for■ of reaidential development aouth of Roap Way
and north of thia project aite.
eoa■iaaioner L'ReureUJl expreaaed concern with regard to
the propoaed financial inatitution on the aouthern corner,
•d aqgeated that ace••• be provided at the northern end
of th• co■plex.
Th• ca.aiaaion directed Staff to prepare the neceaaary
docuaent1 approving ZC-240/SP-182, with the appropriate
condition,.
cJlairaan Parrow continued the public hearing.
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March 24, 1982 Page 8 COMII-ERS \f,."
6. CT 82-2/CP-2021 CHINQUAPIN INVESTMENTS. Requeet for
approval of a Tentative ~ubdivieion Map and
Condominium Permit to develop 14 unite on the
aouthveat corner of Harriaon Street and Chinquapin
Avenue in the RD-M Zone.
With the aid of• tranaparency ahovin~ the location of the
project, Bill Hofaan gave a ataff report on the matter.
He indicated that Staff ie rec~nding Condition No. 17
be revi,ed to incorporate that the noi1e attenuation vould
be in compliance vith the HUD noi1e ■uitability criteria.
Chairman Farrov opened the public hearing at 10:51 P.H.,
and extended the invitation to ■peak .
The Co-i■eion recognized Mr. Joe Sandy, who indicated
they are in agree-nt vith the Staff reco111111endation. Mr.
Sandy reeponded to Co.aieeion queationa with regard to
affordable houeing, and requeeted approval of the
project.
Cm.iaaion di■cuaeion related to Condition No. 18 of the
Reeolution regarding a reatriction on the price of three
of the unit ■, and the enforcement of ■ame.
Chairman Farrov euggeated that Condition No. 18 be
modified to reatrict that three (3) unit■ not be aold in
exceaa of $80,000 and include the condition• that the
buyer be a fir■t time buyer, owner/occupant, and no reaale
for one (l) year.
Mr. Sandy indicated he would agree to a co~dition that
the Nouaing and Redevelop-nt Department qualify the
buyer• for the three unite.
Bill Hofaan reaponded to Ca-iaeion queation■ regarding
parking and a-nititea for the propoaed project.
The co-iaaion recognised Mr. Michael O'Gara, 3229 Valley
Street, Carlabad. Mr. O'Gara addrea,ed the aetbacka
and parking, and expreaaed villingne,, to reepond to any
queationa .
Since no one elae wiahed to apeak on the matter, Chairman
Farrow cloaed the public hearing at 11:04 P.H.
The Ca-iaaion approved the Negative Declaration ieaued
by the Plannlng Director and adopted the following
Raaolution, approving CT 82-2/CP-202, baaed on the
findina• contained therein; with the aodification of
condition No. 17 aa rec~nded by Staff, and the
aodification of Condition No. 18 a■ outlined by the
Chairaan:
7.
RISOLUTION NO. 1930, APPROVING A TENTATIVE s111btvts10M iiAP AND coNDOttINIUM PERMIT To DEVELOP 14
UNITS ON PIOPDff C!NIIALLY LOCATED ON TH! SOtrl'HW!ST
COUii or UUISON STlll!T AND CHINQUAPIN AVENUE.
ZCA-132 Ciff OF CAILSBAD . An a-ndment to the
t"onln1 Ardinanca creating the Planned Development
Ordinance.
aiainaan Farrow opened the public hearing at 11:07 P.H.,
and .extended th• invitation to apeak.
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Parrow X
L'Heureux X
loabotia X X
Joee X
Schlehuber X
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March 24, l 982 Page 9 COMMISSIONERS i~~"
The Co-ieeion recognized Hr. John McCoy, 390 Oak Avenue,
Carlsbad. Hr. McCoy expreeeed concern with regard to the
eection dealing with frontyard setback, f rom the garage•,
and eug~eeted that 111111e be revieed to 20 feet if there
will be parking in front of the garage.
The Comniesion recognized Hr. Joe Sandy, 2956 Rooeevelt,
Carlsbad. Hr. Sandy addressed the section dealing with
driveway widths, and stated his opinion that the widths
outlined in the Ordinance are not needed. Re further
requested that Staff ~ive consideration to same .
Chairman Farrow continued the public hearing.
With regard to the eetbacks from the garages, Bill Hofman
explained that the Ordinance is set up for a garage
facing the street which must be setback either lees than
five or greater than ten feet.
With regard to street and driveway widths, Mr. Hofman
indicated that the figure, are baaed on input received
from the Police, Fire, and Engineering Department,.
Following brief diacueeion, the Co111Di1sion continued the
matter to the meeting of April 14, 1982, to allow for a
full Co111Di11ion.
DISCUSSION ITEM
9. MP-149(1)1 DAON CORPORATION. Request for a minor
amendment to the La Costa Master Plan text,
eliminating a requirement for Neighorhood SE-15.
With the £id of a traneparency showing the location of
the request, Charle• GrilllD gave the staff report,
e11entially a, contained in the written report.
The Co111Di1sion adopted the following Resolution,
approving HP-149(1), baeed on the findings contained 1n
the staff report:
RESOLUTION NO. 1935, APPROVING A MINOR AMENDMENT,
PAGE 111-17 OF TH! LA COSTA MASTER PLAN, HP-149(!),
ALLOWING THE SEPARATE DEVELOPMENT OF NEIGRIIORHOOD
SE-13.· APPLICANT: DAON CORPORATION
APPROVAL OF MINUTES
Minute• of the Re~ular Meeting, h~ld March 10, 1982, were
approved a• corrected; Page 3, under Item No. 4,
paragraph 2, changing "co-iuioner Ro■botie ," to
"C~iaaioner Joee."
ADJOURNMENT
By proper motion the meeting wa1 adjourned et ll :20 P.H.
Re1pectfully Submitted,
,--J --7 jf-/~ a■e• C. Hagaman J'
ecretary to the 1lanning co-i1eion
Ann R. Alle■an, Minute, Clerk
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