HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING
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CALDWELL PLANNING & ZONING COMMISSION
MINUTES
December 13, 2005
I. Call to Order — Chairman Alldredge called the meeting to order for the public
hearing at 7:03 p.m.
II. Roll Call —
Members Present: Paul Alldredge, Dennis Callsen, Gene Shaffer, Joyce
Griffith and Jack Teraberry.
Members Absent: Michael Jakobson.
Staff Present: Melodie Halstead, (Planner), Brian Billingsley (Planner),
Jacqueline Hernandez, (Planning Technician) and Mike Piechowski
(Engineering Department).
III. Review of Proceeding — Chairman Paul Alldredge reviewed the procedures
for public hearing.
IV. Old business
A. MOTION/Approve minutes of November 15, 2005. Unanimous roll call vote.
V. New Business
A. CASE NUMBER SUP-254-05, a request by Lystrup/Jensen Architects for
special use permit approval to allow a church in a C-3 (Service Commercial)
zone. The site is located at 18486 Middleton Road.
Melodie Halstead, Planner, presented the staff report.
Sabrina Whitehead, Applicant's Representative, testified in favor.
Terry Bradshaw, Applicant's Representative, testified in favor.
Jared Ricks, signed in favor.
Boyd Wilkes, signed in favor.
Joe Rowley, signed in favor.
Testimony closed.
Note: See Order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis - MOTION: Commissioner Callsen,
SECOND: Commissioner Teraberry. The request was applicable to the
following Comprehensive Plan Components as outlined in the staff report:
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Property Rights — Goal, Objective B and Policy 1; Special Areas or Sites
Component -- Goal, Objectives A and B; School Facilities and Transportation
— Goal and Policy 1; Economic Development — Goals I; Natural Resources —
Objective B, Policy 5 and 7; Public Services, Utilities and Facilities — Goals,
Objective B, Policy 1; Transportation — Goals Applicable to Circulation -- 1, Ill
and Objective A.
Findings of Fact on Case No. SUP-254-05 - MOTION: Commissioner
Shaffer SECOND: Commissioner Teraberry. Accepted the general facts
outlined in the staff report, public testimony and Exhibit PZ-1000 as part of
the Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law on Case No. SUP-254-05 - MOTION: Commissioner
Griffith SECOND: Commissioner Shaffer. The Planning & Zoning
Commission has the authority to hear this case and to approve or deny it.
The public notice requirements were met and the hearing was conducted
within the guidelines of applicable Idaho Code and City ordinances. Passed:
Unanimous roll call vote.
Order of Decision on Case No. SUP-254-05 - MOTION: Commissioner
Griffith SECOND: Commissioner Teraberry. The Commission approved Case
No. SUP-254-05 with the conditions outlined in the staff report. Passed:
Unanimous roll call vote.
Public Hearing Closed -- Chairman Paul Alldredge closed the public
hearing.
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B. CASE NUMBER ANN-103-05, a request by William Conn & Reed Jarvis to
annex approximately .60 acres as C-2 (Community Commercial) zone and
3.87 acres as R-1 (Single -Family Residential) zone into the City of Caldwell
to include a development agreement. The site abuts Hwy. 20126 to the south
and is approximately 600 feet west the Middleton Road & Hwy. 20126
intersection. As part of the annexation request, the Comprehensive Plan
Land use Map would be amended to designate this parcel as public; the
amendment would be included in the next available update of the
Comprehensive Land Use Map.
Melodie Halstead, Planner, presented the staff report.
William Conn, Applicant, testified in favor.
Reed Jarvis, Applicant, testified in favor.
Joyce Crider, testified in opposition.
Mike Piechowski, Engineering Department, presented facts concerning the
application.
Testimony closed.
Planning & Zoning Commission
Minutes — December 13, 2005
Page 2 of 4
Comprehensive Plan Analysis - MOTION: Commissioner Callsen,
SECOND: Commissioner Teraberry. The request was applicable to the
following Comprehensive Plan Components as outlined in the staff report:
Property Rights -- Goal, Objective B and Policy 1; School Facilities and
Transportation — Goal and Policy 1; Land Use — Goal, Objectives Applicable
to All Land Uses — C; Area of City Impact — Objectives A, B, Policy 5; Public
Services, Utilities and Facilities — Goal, Objective B and Policy 5; Public
Safety Component — Goals i and 11.
Findings of Fact on Case No. ANN-103-05 - MOTION: Commissioner
Shaffer SECOND: Commissioner Callsen. Accepted the general facts
outlined in the staff report and public testimony as part of the Findings of
Fact. Passed: Unanimous roll call vote.
Conclusions of Law on Case No. ANN-103-05 - MOTION: Commissioner
Callsen SECOND: Commissioner Teraberry. The Planning & Zoning
Commission has the authority to hear this case and to approve or deny it.
The public notice requirements were met and the hearing was conducted
within the guidelines of applicable Idaho Code and City ordinances. Passed:
Unanimous roll call vote.
Recommendation on Case No. ANN-103-05 - MOTION: Commissioner
Callsen SECOND: Commissioner Teraberry. The Commission approved
Case No. ANN-103-05 with the conditions outlined in the staff report.
Passed: Unanimous roll call vote.
Note: See Order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
C. To hear concurrently Case Numbers ANN-106-05, Sawgrass Village),
requests by WRG Design, Inc. for annexation of approximately 31.20 acres
as R-1 (Single -Family Residential) zone, 6.14 acres as C-1 (Neighborhood
Commercial) zone, and 22.44 acres as C-2 (Community Commercial) zone
for a total of 59.78 acres to include a development agreement. The site is
located on the northwest corner of Karcher Road and to the west of Florida
Avenue.
Melodie Halstead, Planner, presented the staff report.
Ashley Ford, Applicant's Representative, testified in favor and Presented
Exhibits PZ-1000 — PZ-1002.
Testimony closed.
Note: See Order of Decision for complete testimony or contact Community
Development Department for audio tapes of the hearing.
Comprehensive Plan Analysis - MOTION: Commissioner Griffith,
SECOND: Commissioner Callsen. The request was applicable to the
following Comprehensive Plan Components as outlined in the staff report:
Planning & Zoning Commission
Minutes — December 13, 2005
Page 3 of 4
Property Rights — Goal, Objective B and Policy 1; School Facilities and
Transportation — Goal and Policy 1; Land Use -- Goal, Objectives Applicable
to All Land Uses C; Area of City Impact — Objectives A, B and Policy 5; Public
Services, Utilities and Facilities — Goal, Objective B and Policy 5; Public
Safety Component — Goals I and II.
Findings of Fact on Case No. ANN-106-05 - MOTION: Commissioner
Callsen SECOND: Commissioner Teraberry. Accepted the general facts
outlined in the staff report, public testimony and Exhibits PZ-1000 — PZ-1002
as part of the Findings of Fact. Passed: Unanimous roll call vote.
Conclusions of Law on Case No. ANN-106-05 - MOTION: Commissioner
Shaffer SECOND: Commissioner Teraberry. The Planning & Zoning
Commission has the authority to hear this case and to approve or deny it.
The public notice requirements were met and the hearing was conducted
within the guidelines of applicable Idaho Code and City ordinances. Passed:
Unanimous roll call vote.
Recommendation on Case No. ANN-106-05 (TO INCLUDE
DEVELOPMENT AGREEMENT) - MOTION: Commissioner Griffith
SECOND: Commissioner Callsen. The Commission approved Case No.
ANN-106-05 with the conditions outlined in the staff report. Passed:
Unanimous roll call vote.
Public Hearing Closed — Chairman Paul Alldredge closed the public
hearing.
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VI. Planning Issues:
A. P&Z Commission Member Dennis Callsen dismissed himself from the
Commission.
B. Brian Billingsley the new Senior Planner introduced himself to the P&Z
Commission.
VII. Adjournment:
Paul Alldredge adjourned the meeting at approximately 8:30 p.m.
F-APPROVED AND SIGNED BY CHAIRMAN PAUL ALLDREDGE ON THE
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Attest:
Alldrecig Date •����y
Community Development Director
Planning & Zoning Commission
Minutes — December 13, 2005
Page 4 of 4
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Caldwell Planning & Zoning Commission agenda for Public Hearing on Tuesday,
December 13, 2005 at 7:00 p.m., in the Community Room of the Caldwell Police
Department at 110 South 51" Avenue, Caldwell, Idaho.
AGENDA
Call to Order
Review of Proceedings
III. Old Business
A. Approve minutes of November 15, 2005.
IV. New Business
A. CASE NUMBER SUP-254-05, a request by Lystrup/Jensen Architects for special
use permit approval to allow a church in a C-3 (Service Commercial) zone. The
site is located at 18486 Middleton Road.
B. CASE NUMBER ANN-103-05, a request by William Conn & Reed Jarvis to
annex approximately .60 acres as C-2 (Community Commercial) zone and 3.87
acres as R-1 (Single -Family Residential) zone into the City of Caldwell to include
a development agreement. The site abuts Hwy. 20126 to the south and is
approximately 600 feet west the Middleton Road & Hwy. 20126 intersection. As
part of the annexation request, the Comprehensive Plan Land use Map would be
amended to designate this parcel as public; the amendment would be included in
the next available update of the Comprehensive Land Use Map.
C. To hear concurrently Case Numbers ANN-106-05, Sawgrass Village), requests
by WRG Design, Inc. for annexation of approximately 31.20 acres as R-1
(Single -Family Residential) zone, 6.14 acres as C-1 (Neighborhood Commercial)
zone, and 22.44 acres as C-2 (Community Commercial) zone for a total of 59.78
acres to include a development agreement. The site is located on the northwest
corner of Karcher Road and to the west of Florida Avenue.
V. Planning Issues
VI. Next Planning & Zoning Commission Public Meeting Date: Tuesday, January 10,
2006
VII. Adjourn
City of Caldwell
COMMUNITY DEVELOPMENT DEPARTMENT
Land Use and Zoning Services
January 5, 2006
William Conn
1545 East Bishop
Eagle, ID 83616
RE: Recommendation — CASE NUMBER ANN-103-05
Dear Mr. Bath:
Enclosed for your files is a copy of the ANN-103-05 recommendation as approved and
signed on December 30, 2005 by Mr. Paul Alldredge, Planning and Zoning Commission
Chairman.
Please review Section IX regarding the conditions of approval.
If we can be of any assistance or if you have any questions, please call me.
Sincerely,
Brian Billingsley, AICP
Community Development Department
Enclosure
cc: Case File
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CITY MALL - 621 CLEVELAND BLVD. P.O. BOX 1177 • CALDWELL, ID 83605 (208) 455-3021 • (FAX) (208) 455-3050
CASE NO. ANN-103-05
WILLIAM CONN & REED JARVIS ANNEXATION
Hwy 20126 & Middleton Rd
Recommendation
BEFORE THE CALDWELL PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
December 13, 2005
AN APPLICATION SUBMITTED BY WILLIAM CONN & REED JARVIS FOR THE ANNEXATION OF
APPROXIMATELY 3.87 ACRES OF LAND INTO THE CITY OF CALDWELL AS R-1 (LOW DENSITY
RESIDENTIAL) AND .60 ACRES OF LAND AS C-2 ZONE (COMMUNITY COMMERCIAL)
A REZONE FROM COUNTY AGRICULTURE TO C-2 (COMMUNITY COMMERCIAL)
A DEVELOPMENT AGREEMENT TO CLARIFY THE TERMS AND CONDITIONS OF THIS
ANNEXATION AS PART OF THE REZONE PROCESS
TABLE OF CONTENTS:
I.
COURSE OF PROCEEDINGS,
II.
GENERAL FACTS,
III.
TESTIMONY,
IV.
APPLICABLE LEGAL ANALYSIS,
V.
COMPREHENSIVE PLAN ANALYSIS,
VI.
FINDINGS OF FACT,
VII.
CONCLUSIONS OF LAW,
Vill.
RECOMMENDATION,
IX.
OTHER CONDITIONS OF APPROVAL.
COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
ANN-103-05, be held before the Planning and Zoning Commission on December 13, 2005. Public
notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November
23, 2005 notice was published in the Idaho Press Tribune, and on November 23, 2005 notice was
mailed to all property owners within 300 feet of the project site; and, on December 1, 2005 notice was
posted on the site.
1.2 Files and exhibits relative to this application are available for review in the Community Development
Department, Caldwell City Hall, as well as the public hearings.
II GENERAL FACTS
2.1 OWNER (S): William Conn, 1545 E. Bishop, Eagle, ID 83616.
2.2 REQUEST: To annex approximately 4 acres of agricultural land as R-1 (Low Density Residential) and
C-2 (Community Commercial) zone with an existing residential home and a steel framed, metal
building. The Applicant's narrative states that the annexation and zoning of the property is will provide
the City of Caldwell and the property developer the opportunity to market the property for lease to users
compatible with the C-2 zone as found in Section 10-20-02, Land Use Table 1 of the Caldwell Zoning
Ordinance No. 1451. Staff has prepared a proposed Development Agreement to accompany this
annexation request.
ANN-103-05 Conn Annexation PZOD
Page 1 of 6
Public Hearing of December I3, 2005
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2.4 LOCATION: The property is located on the south side of Hwy 20/26 approximately 473 feet from
Middleton Road and Hwy 20126 intersection.
2.5 LEGAL DESCRIPTION: A legal description is attached and incorporated into this document as well as
the development agreement by reference.
2.6 COMPREHENSIVE PLAN DESIGNATION: The Comprehensive Land Use Map designation is County
Agricultural. The Applicant is requesting that the parcel be designated as Low Density Residential and
Community Commercial. The area qualifies for annexation because it is contiguous to the City and
within the City's area of impact. If approved, the parcel will be included in the next available update of
the Comprehensive Plan Land Use Map. The requested R-1 and C-2 zone is compatible with the
vicinity and is located on a Principal Arterial roadway.
2.7 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST:
2.7.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory
Takings Act Guidelines" were reviewed by planning staff. The criteria is as follows:
1. Does the regulation or action result in a permanent or temporary physical occupation of the
land? No
2. Does the regulation or action require a property owner to dedicate a portion of property or to
grant an easement? No
3. Does the regulation deprive the owner of all economically viable uses of the property? No
4. Does the regulation have a significant impact on the landowner's economic interest? No
5. Does the regulation deny a fundamental attribute of ownership? No
2.7.2 School Facilities and Transportation: Vallivue and Caldwell School Districts were notified of the request
through mailing of the public hearing notice on November 23, 2005. The Brown Bus Company on
behalf of Vallivue School District submitted a letter dated November 29, 2005 requesting multiple bus
stop locations that are lighted and large enough to accommodate 20-25 students.
2.7.3 Land Use: The parcel is zoned County Agricultural, the parcel will be rezoned to R-1 (Low Density
Residential) and C-2 (Community Commercial). Rezoned parcels of land are subject to a development
agreement. Accordingly, a development agreement will be attached to this annexationlrezone proposal.
The development agreement will need to be essentially agreed upon prior to the annexation ordinance
being submitted to the Mayor and Council for their consideration. The properties directly to the south
were are within the City of Caldwell limits and serve as the basis for this parcel being contiguous.
Canyon County Development Services was notified of the request through mailing of the public hearing
notice on November 23, 2005.
2.7.4 Public Services, Utilities and Facilities: In a memo dated October 26, 2005, the Engineering
Department submitted the following comments:
The Engineering Department does not oppose the request by William Conn for annexation of
approximately 4+ acres into the City of which 1+ acre as C-2 (Community Commercial) zone and 3+
acres as an R-1 (Single Family Residential) zone. The site abuts Hwy 20/26 & Middleton Road.
However the Engineering Department does provide the following list of comments concerning future
development of this site:
1. Currently there is a one-half width right-of-way of fifty (50) foot along Highway 20-26. Future
development of this site will require the dedication of an additional twenty (20) foot of right-of-way
along the Highway 20-26 frontage to meet Idaho Transportation Department requirements of 70 -
foot one-half width right-of-way.
Page 2 of 6
ANN-103-05 Conn Annexation PZOD Public Hearing of December 13, 2005
2. Future development will require the applicant to connect to the City of Caldwell Municipal Water
System and comply with the City of Caldwell Water Master Study.
3. Future development will require the applicant to connect to the City's Municipal sewer system and
comply with the Franklin Sewer Study.
4. Future development will require adherence to the City's Infrastructure Improvement Policy.
Construction of curb, gutter and sidewalk improvements will be required in accordance with ITD
standards.
5. Future development of the site will require compliance with the City of Caldwell Storm Water
Management Policy.
6. Per the Landscape Ordinance section 10-07-12, irrigation water for the subject property shall be
obtained from the appropriate Irrigation District sources.
2.7.6 Fire protection: The Caldwell Ambulance District was notified of the request on November 23, 2005.
2.7.7 Irrigation: In a memo dated November 29, 2005 and October 19, 2005, Pioneer Irrigation submitted
the standard comments applicable to a redevelopment in the future. (Comments were not applicable
to the existing use.)
2.7.8. Idaho Transportation Department — Idaho Transportation Department was notified of the request on
November 23, 2005. To date no comments were received.
III TESTIMONY BEFORE PLANNING AND ZONING COMMISSION
3.1 Melodie Halstead, Community Development Staff, presented the facts associated with this file.
3.2 William Conn, Applicant, signed in support of the application.
3.3 Reed Jarvis, signed in support of the application, Clarified that the application does not include the
Crider's Parcel, to the east.
3.4 Joyce Crider, signed in opposition to the application. Ms. Crider is requesting the proposed annexation
not include her property. Ms. Crider also asked for clarification on city services, her existing well and
stated that they flood irrigate their pasture.
3.5 Mike Piechowski, Engineering Staff, clarified water rights process and stated that the city is not looking
to add any wells in this area at this time.
3.6 William Conn, Rebuttal, Applicant will comply with staff report and all conditions of approval.
Testimony closed at @ 8:45 p.m.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
Page 3 of 6
ANN-103-05 Conn Annexation PZOD Public Hearing of December 13, 2005
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
4.4 Idaho Code, Title 50, Chapter 2, Section 50-222 Municipal Corporations, regarding annexation
4.5 Idaho Code, Title 67, Chapter 65, Section 11A, regarding development agreements
V THE PLANNING AND ZONING COMMISSION'S COMPREHENSIVE PLAN ANALYSIS: The
Planning and Zoning Commission may accept the Comprehensive Plan as stated or modify it as
necessary.
5.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights,
adversely impact property values or create unnecessary technical limitations on the use of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative
action on specific property.
POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho
Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific
property, and to request legal counsel's review if any one of the criteria is answered in the affirmative.
5.2 School Facilities and Transportation -
GOAL: To provide the on -going opportunity for school representatives of Caldwell and Vallivue School
Districts to participate in the community planning process.
POLICY 1: Include the school districts in the review process when considering land -use proposals. At
a minimum, notice of the hearing for each proposal should be provided to the districts and any
additional information that the districts might subsequently request. The Vallivue School District was
notified of the request through the public hearing notification process.
5.3 Land Use -
GOAL: To establish land -use management policies that protect property rights and the environment,
maintain a high quality of life, provide adequate land for all types of development and adequately buffer
non -compatible uses.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE C: To promote growth in areas where public facilities and services are readily available.
Area of City Impact
OBJECTIVE A: To encourage development as a natural outward progression of the City's corporate
boundaries and within areas that can be immediately annexed.
OBJECTIVE B: To support Canyon County's efforts to protect valuable agricultural land by
encouraging development to occur inside areas that area within City/County Impact boundaries.
POLICY 5: Encourage growth to occur primarily as a contiguous outward expansion from the City's
corporate boundaries. Discourage "hopscotch" development. The site is contiguous to the City's
Page 4 of 6
ANN-103-05 Conn Annexation PZOD Public Hearing of December 13, 2005
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corporate boundaries. Canyon County Development Services was notified of the annexation
request.
5.4 Public Services, Utilities and Facilities -
GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet
the needs of the public.
OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population
growth.
POLICY 5: Ensure that there are adequate water/sewer systems by planning for short- and long-term
water and sewer expansion projects.
5.5 Public Safety Component -
GOALS: I. To provide for a safe and secure community.
II. To provide for adequate public safety facilities and services.
VI THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT
6.1 The Caldwell Planning and Zoning Commission accepts the facts outlined in the staff report; and public
testimony presented.
Vll THE PLANNING AND ZONING COMMISSION CONCLUSIONS OF LAW
7.1 The Planning and Zoning Commission advises, as part of this motion, that he has the authority to hear
this request and to recommend to the Mayor and City Council that it is approved or denied. The hearing
was legally noticed and posted, and was held under the requirements of Idaho Code and City
ordinances.
Vlll THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION
8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission
recommends to the Mayor and City Council that Case No. ANN-103-05, a request by William Conn and
Richard Jarvis to annex approximately 4 acres into the City of Caldwell as a R-1 and C-2 zone, to
include a Development Agreement is approved.
The parcel will be included in the next available update of the Comprehensive Plan Land Use Map. A
Development Agreement shall be recorded as an attachment to the annexation ordinance.
IX OTHER CONDITIONS OF APPROVAL
9.1 Development Agreement: This land application proposal is subject to a development agreement to be
signed by the principals prior to the annexation ordinance adoption.
Page 5 of b
ANN-103-05 Conn Annexation PZOD Public Hearing of December 13, 2005
CASE NUMBER NO. ANN-103-05 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD DECEMBER 13, 2005,
WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENATION WAS
ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN ALLDREDGE ON THE DATE NOTED
BELOW.
Date
ATTEST:
Community Development Director
ANN-103-05 Conn Annexation PZOD
Page 6 of 6
Public Hearing of December 13, 2005
PUBLIC HEAPdNG COMMENT SHEET
(PLEASE PRINT CLEARLY)
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NAME:
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` I wish to speak
do not wish to speak
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In favor/. I Opposed/
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do not wish to speak 1 do not wish to speak
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Written comments may be attached to this form or you may write them in below.
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PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
NAME: Teeal ��iri✓r 5 ---
STREET ADDRESS: S► / LA)
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NAME OF CASE BEING HEARD:r1I
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I wish to speak
I do not wish to speak
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In favor!. I Opposed/
wish to speak I wish to speak
do not wish to speak I do not wish to speak
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Written comments may be attached to this farm or you may write them in below.
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NAME: w�
PUBLIC HEARING COMMENT SHEET
(PLEASE PRINT CLEARLY)
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STREET ADDRESS: Sr
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Applicant or Representative I NeutraV
` 1 wish to speak
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In favort. I Opposed)
wish to speakI wish to speak
do not wish to speak I do not wish to speak
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Written comments may be attached to this form or you may write them in below.