HomeMy WebLinkAboutFebruary 1, 2000CITY OF COLUMBIA HEIGHTS
590,40TH AVENUE N.£., COLUMBIA HEIGHTS~ MN 55421-3878 (612) 782-2800 TDD 782-2806
PLANNING AND ZONING COMMISSION
REGULAR MEETING- MINUTES
February 1, 2000
MEMBERS
Tom Ramsdell, Chair
Kevin Hanson
Ted Yehle
Marlaine Szurek
The February 1, 2000 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at
7:00 p.m. Members present were.Yehle, Hanson, and Ramsdell. Council Representative Szurek was not in
attendance. Also present were Joe Hollman (City Planner), and Kathryn Pepin {Secretary to the Planning and
Zoning Commission).
MOTION by Yehle, seconded by Hanson, to approve the minutes from the meeting of January 4, 2000 as
presented in writing. Voice Vote: All Ayes. Motion passed.
NEW BUSINESS
Public Hearing
Conditional Use Permit
Case #2000-0202
linder's Greenhouses, Inc.
RE: 4300 Central Ave. N.E.
Columbia Heights, Mn.
Mr. Hollman presented the request of Mr. Peter Linder of Linder's Greenhouses, Inc. for approval of a Conditional
Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly
portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 1 §, 2000 through July 7, 2000.
He added that this will be the 11th year Linder's Greenhouses, Inc. will operate their greenhouse in the same
location.
Mr. Hollman informed the Commission that Section 9.113(2)(a) of the Retail Business Section of the Zoning
Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the
configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from
previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the
same as last year with four, six foot doors remaining open at all times during business hours. There will be at least
four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel
are pre-existing and comply with zoning regulations. He stated that existing parking exceeds zoning requirements,
and adequate parking will be maintained after placement of the accessory structures over this portion of the parkin9
lot.
Mr. Hollman directed the Commission's attention to a letter from Bradley Real Estate granting permission to
Linder's Greenhouses, Inc. for use of the site.
Chairperson Ramsdell, opened the public hearing. The public hearing was closed as no one was present to speak
regarding this case.
THE CITY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
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Motion by Ramsdell, seconded by Hanson, to recommend approval of the Conditional Use Permit to allow the
operation of a temporary greenhouse/retail sales at 4300 Central Avenue from April 15, 2000 through July 7,
2000, provided that a 8500 deposit shall be submitted to the License/Permit Clerk prior to installation of the
structures on the site. Voice Vote: All Ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE FEBRUARY 14, 2000 CITY COUNCIL AGENDA.
B. Public Hearing Khalil Ismail
Conditional Use Permit RE: 4757 Central Ave. N.E.
Case//2000-0203 Columbia Heights, Mn.
Mr. Hollman presented the request of Khalil Ismail for a Conditional Use Permit to open The Gardens Restaurant in
a portion of the building at 4757 Central Avenue N.E. The proposed restaurant will contain approximately 70 seats.
Mr. Hollman informed the Commission that in June of 1998 a request for site plan was reviewed and approved as
well as a Conditional Use Permit to open a combination Subway Restaurant and TCBY in a portion of the former
Peaking Palace Restaurant at 4757 Central Avenue N.E. In July of 1998, a request for a variance to allow parking
in the front yard in the nB, Retail Business District at 4757 Central Avenue was reviewed and approved by the City
Council. In December of 1999, a request to operate a day care center in this same space was approved by the City
Council. However, the applicants were not able to finalize a lease agreement with the building owner.
Mr. Hollman stated that the subject property is zoned nB, Retail Business adding that Section 9.113(2) of the
Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. He
informed the Commission that the Minimum Yard and Density Requirements are as follows:
· Lot Width shall be at least 50 feet. The subject parcel is approximately 163 feet wide;
· Lot Area shall be at least 6,000 square feet. The subject parcel is 47,713 square feet;
· Front Yard Setback shall be 15 feet. The existing structure exceeds this requirement;
· There shall be at least one 10 foot side yard, the other side yard can be zero feet. The property has one
side yard of about 4.4 feet and the other exceeds the 10 foot requirement;
· Rear Yard Setback shall be 10 feet. The existing building exceeds this requirement;
· The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately.I, which
meets this requirement;
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PAGE 3
Need minimum frontage of 40 feet. The subject parcel has roughly 163 feet of frontage along Central
Avenue.
Mr. Hollman stated that the applicant is not proposing any significant physical changes to the site, or exterior
structural changes to the building. However, he noted that two public exits from the space will be provided, and a
new four (4) foot wide concrete walk is being proposed from the exit along the south wall of the building to the
parking lot on the east side of the building.
Mr. Hollman informed the Commission that parking requirements for a restaurant are at least one space for each
three seats based on capacity design. According to the floor plan, there will be 70 seats in the restaurant which
will require 23 parking spaces. There are 59 total parking spaces on the site including three handicap accessible
parking spaces along the west side of the building. The SubwaylTCBY requires 25 total parking spaces, therefore,
48 spaces are required on the site. Mr. Hollman stated that minimum parking requirements will be met.
Mr. Hollman stated that loading requirements are as follows: A loading berth shall be not less than 12 feet in width,
25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building
having 2,500- 6,000 square feet. Mr. Hollman added that there is a loading berth provided on the east end of the
building by the service entrance.
Mr. Hollman informed the Commission that solid waste material is required to be so located and fenced as to be
removed from public view and shall be kept in an enclosed building or properly contained in a closed container for
such purposes. The site plan illustrates an enclosure off the east side of the building which is intended to serve
both Subway and The Gardens Restaurant. Mr. Hollman stated that this enclosure has not yet been constructed, so
staff will recommend, as a condition of approval, that an enclosure be provided.
He added that Staff has not seen any information pertaining to signage. Two square feet of signage is allowed for
each front foot of building, therefore, a total of 92 square feet of signage is allowed. Staff will recommend, as a
condition of approval, that all proposed signage must be submitted on the City prescribed application form and must
fully comply with the Zoning Ordinance.
Mr. Hollman stated that the plans do not indicate that there will be any new lighting on the property, but if lighting
is added, a lighting plan will need to be reviewed and approved by staff. He added that light can not exceed three
(3) foot candles at the property line.
Chairperson Ramsdell asked staff what Subway was using for solid waste storage. Mr. Hollman replied that there
is a dumpster that is not enclosed that Subway is using. Ramsdell stated that the requirements of the Conditional
Use Permit must be enforced and that, in this case, the property owner should be paying for the dumpster. He
asked staff if they had informed the owner of the requirement for enclosed solid waste storage. Mr. Hollman
stated that he had mailed the owner the copy of the report for this case.
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Commissioner Hanson stated that a staff person should be enforcing the requirements of Conditional Use Permits to
make sure that they are fulfilled before the business has been opened and that they remain in compliance.
Khalil Ismail, the operator of the proposed restaurant, was present and stated that he would speak to the owner
regarding the provision of the enclosed dumpster. He did not see that as a major problem. He added that the
proposed restaurant will be "fine dining" middle eastern cuisine.
Motion by Hanson, seconded by Yehle, to recommend City Council approval of the Conditional Use Permit to allow
the operation of The Gardens Restaurant at 4757 Central Avenue NE, subject to the following conditions:
1. All required state and local codes, permits, licenses and inspections will be met and in full compliance.
2. All proposed signage must be submitted on the City prescribed application form and must fully comply with
the Zoning Ordinance.
3. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in
an enclosed building or properly contained in a closed container for such purposes.
Voice Vote: All Ayes. Motion passed.
**THIS ITEM TO APPEAR ON THE FEBRUARY 14, 2000 CITY COUNCIL AGENDA.
STAFF REPORTS
A. ZONING TEXT AMENDMENT REGARDING AUTO SALES
At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to
direct staff to initiate the necessary process for a zoning text amendment to allow five "for sale" vehicles to be
displayed at any time in the Central Business District as opposed to two which is currently allowed. A proposed
amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission
decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the
Central Business District.
Mr. Hollman stated that Staff has reviewed all the sections of the Zoning Ordinance, and auto sales are allowed, as
follows:
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CBD, Central Business District, as a Conditional Use Permit.
9.112(2)(o)
(ii)
(iii)
(iv)
(v)
Car Sales/Fleet Sales/Advertisement provided that:
The lot is surfaced and graded according to a plan submitted by the applicant and as approved by
staff.
The "for sale" or "fleet" vehicles cannot eliminate required parking spaces.
No more than two (2) cars will be permitted for such use at any time.
No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one
time.
RB, Retail Business District, as a Conditional Use Permit.
9.113(2){k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do
not sell fuel, provided that the following requirements are met:
1)
2)
3)
4)
5)
Parking area for car sales cannot eliminate required parking spaces for primary use.
No more than ten (10) vehicles can be displayed for sale at any one time.
Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use
Permit process before approval for such operation can be granted.
Size, type and style of any signage for such vehicle must be within the vehicle at all times and
approved by staff.
All required state and local licenses must be obtained.
GB, General Business District, as a Permitted Use.
9.114(1)(c) Auto and truck sales, auto repair.
I-2, Industrial Business District, as a Conditional Accessory Use.
9.115A(2)(h) Auto sales, subject to the following conditions:
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PAGE 6
(i)
{ii)
(v)
(vi)
(vii)
The use of the property for auto sales must be accessory only to auto repair or auto reduction
yards.
The permitted and accessory uses must be on a site plan approved by the Planning and Zoning
Commission or by the City Council.
An open auto sales lot must comply with the provisions of Section 9.116(14).
All autos presented for sale must be parked on an impermeable to oil and water surface in good
repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20')in
length by ten feet (10')in width.
No more than fifteen (15) cars may be available for sale at any given time.
All cars offered for sale must be stored within a securely fenced area.
All customer and employee parking must be located on a parking lot with a surface impermeable to
oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good
repair.
Mr. Hollman stated that the following provides a summary of some of the issues that will need to be resolved prior
to drafting an ordinance amending the various sections of the Zoning Ordinance.
Parking- Staff recommends that the requirements stating that vehicles cannot eliminate required parking
spaces and they must be parked entirely on a privately owned parking lot(s) with a surface impermeable to
oil and water be consistently stated in every district that allows vehicle sales.
Traffic Circulation - Staff will recommend that a site plan illustrating access aisles, parking locations for
"for-sale" vehicles, storage areas, and other applicable features be submitted for review as part of the
approval process. This will help ensure that safe traffic circulation and emergency vehicle access will be
maintained.
Number of Vehicles- Currently the Ordinance allows two (2) vehicles to be displayed "for sale" in the
CBD, ten (10) vehicles in the RB District, and fifteen (15) vehicles in the I-2 District. There is not a limit in
the GB District. Mr. Hollman reminded the Commission that the requested amendment was to allow five
{5) vehicles to be displayed "for sale" in the CBD. He asked the Commission if they wanted to stay with
these regulations? If so, the issue of repossessed vehicles will need to be clarified. He added that the
question was raised during the January meeting whether repossessed vehicles were counted as part of the
number of vehicles allowed to be displayed "for sale" or if they were separate. Mr. Hollman stated that
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the Ordinance does not currently address this issue. In addition, by limiting the number of vehicles
allowed to be displayed for sale, Mr. Hollman stated the Ordinance prevents a large-scale auto
dealer, such as Friendly Chevrolet in Fridley, from operating in the City.
Length of Time- As the Ordinance currently exists, "for-sale" and fleet vehicles can remain on the lot for
no more than 14 days in the CBD. The other districts do not specify a length of time. Questions arise
whether this should be consistent among districts and also why the 14 day requirement was initiated.
What is the benefit of limiting the length of time a vehicle can be displayed "for sale" if the City allows
only a certain number of cars to be displayed at one time? Mr. Hollman added that this requirement is
difficult to enforce because staff does not know when vehicles are first displayed. If the Commission
decides it is necessary to continue with this requirement, it may be beneficial to require that the business
owner register the vehicle with the City so the length of time for its display can be monitored.
Signage - The section of the Ordinance regulating auto sales in the RB District currently requires that size,
type and style of any signage for such vehicle must be within the vehicle at all times and approved by
staff. Staff has some concerns with this specific language. It states that the signage must be approved
by staff, but there are no regulations on which to base an approval. Staff recommends that specific
signage regulations be included in any amendment. Also, from a business perspective, only allowing
signage inside a vehicle may seem restrictive as the business owners would want the "for-sale" vehicles to
attract attention.
Accessory vs. Principal Use- The I-2 District only allows vehicle sales as an accessory use to auto
repair or auto reduction yards. Should this remain a requirement? Auto sales could be a principal use in
the CBD, RB and GB Districts. One condition to consider is the possibility of requiring a principal structure
on the lot in which to conduct business as opposed to having a lot that is vacant of structures being used
only to store and sell "for-sale" vehicles.
Landscaping and Fencing- The I-2 District currently requires that all cars offered for sale be stored in a
securely fenced area. Should the City continue to require this, or should it be left up to the business
owner? Also, Section 9.116(14) "Open Sales Lots" of the Zoning Ordinance requires that the required yard
abutting a public right-of-way shall be landscaped and said landscaping shall be separated from the usable
portion of the lot by a curb or fence. Is this a condition that should be required for auto sales lots in all
zoning districts, and how should it apply if auto sales is not the principal use of the lot?
Lighting- Section 9.116(14)"Open Sales Lots" also requires that the outdoor lighting system shall be so
designed that no direct source of light is visible from the public right-of-way or adjacent land. Is this a
condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto
sales is not the principal use of the lot?
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In an effort to provide a comparison of regulations, staff has contacted the City of Fridley, and they allow
"Agencies selling or displaying new and/or used motor vehicles" in their C-2, General Business District, and their C-
3, General Shopping Center District, as a special use permit. As an example, the following summarizes the
stipulations that they imposed on their approval for Friendly Chevrolet.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Curbing to be installed around blacktop parking and driveway areas located in front of building.
Parking spaces on parking area to be marked for cars.
Curbing to be provided along blacktop area along Fireside Drive sometime in the future.
Landscape and planting to be approved by the City.
Slats in existing bullpen area.
Provide security lighting.
10' radii on all blacktop corners.
Provide 30' planting strip directly in front of building.
Provide 15' planting strip along west side of 2 parking lots located to the north and south of building.
All remodeling to be subject to Fire Codes.
Based upon the discussion that occurred during the January 4, 2000, Planning and Zoning Commission meeting,
Mr. Hollman stated that the information presented has been assembled to be used as a basis for discussion at this
meeting. He added that Staff is seeking direction from the Commission regarding which issues and regulations
should be addressed in the Ordinance amendment prior to going through a public hearing process.
Commissioner Hanson stated that he would like to have additional time to review and digest the information
provided as well as time to visually observe the different zoning districts in the city to see what the adjacent
properties are like and where the districts are located. He also would like to see what other cities are doing with
this type of request.
Chairperson Ramsdell asked staff what the process would be once an ordinance amendment is drafted. Mr.
Hollman stated that once the proposed ordinance is approved and recommended to the City Council by the Planning
and Zoning Commission, there are two readings of the Ordinance and then the ordinance becomes law thirty days
after the second reading.
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The Commissioners indicated to staff that they would like to have a rough copy of an ordinance to work from.
Discussion was held regarding some particular items of concern that staff had pertaining to existing requirements in
the current districts.
Mr. Hollman asked the Commissioners for direction on the length of time for display of vehicles as is addressed in
the CBD regulations. He felt that would be hard to enforce and, is it necessary and what would be the intent. The
Commissioners agreed that this requirement could be eliminated. Chairperson asked staff to check the minutes
from the meetings where this requirement was adopted to see if there was a reason for it.
Mr. Hellman asked about the requirement in the RB district which states that all signage be inside the vehicle and
approved by staff adding that there are not any guidelines for approval. He indicated that this restriction would
eliminate the ability to display anything on the antenna of the vehicle which would call attention to attract
business.
Chairperson Ramsdell stated that this use is secondary to the principal business and, therefore, should be Iow key
as far as advertising. He felt it was alright to fill the interior of the vehicle with balloons or other items but not on
the exterior, no banners, pennants, balloons flying, etc.
Rick Lange, President of the Credit Union, was present. He asked the Commission to consider writing on the
windshield of the vehicle. He added that he was concerned about the time frame of the process for an ordinance
amendment. He understood the necessity to work through the issues and give it careful consideration. But, he
added, "time is money". He requested that the Commission give consideration to his original request for an increase
from the display of two cars to five cars or give him a six-month temporary approval until the amendment has been
formalized and then he would bring his business into conformance with whatever the ordinance requirements would
be.
Commissioner Hanson was not comfortable with such temporary approval. He stated that he felt it prudent to
prepare an amendment and have it done properly. He indicated the need to see how many other businesses in the
various districts could be allowed to conduct car sales if an amendment was approved. He added that "it is
important to consider the future when drafting or changing laws".
Motion by Ramsdell, seconded by Hanson, to table the item for further review. Voice Vote: All Ayes. Motion
passed.
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REQUESTED ZONING TEXT AMENDMENT TO ALLOW THRIFT STORES IN THE CBD, CENTRAL
BUSINESS DISTRICT
Mr. Hollman stated that Staff has received a request from the owner of the Columbia Heights Mall to allow a thrift
store to operate in the tenant space formerly occupied by Sylvestor's at 4069 Central Avenue N.E. He noted that
the subject property is zoned CBD, Central Business District.
Currently, the Zoning Ordinance specifically states that pawn shops and the sale of used goods is allowed in the
General Business District, and it is not specifically stated anywhere else in the Ordinance. There are currently three
other thrift stores in Columbia Heights, all of which are zoned RB, Retail Business, the Savers Store at 4849
Central Avenue N.E., the Unique Thrift Store at 2201 - 37t~ Avenue N.E., and the Salvation Army at 3929 Central
Avenue N.E. However, Salvation Army was zoned CBD, Central Business District, when it was allowed to open for
business. The property was rezoned to RB, Retail Business, in April, 1998.
Having discussed the issue with the City Attorney, Mr. Hollman stated that it appears a precedent has been set
which would allow the new thrift store to open in the Mall because these three businesses have been permitted in
the past. He noted that there are also businesses, such as Budget Computer, that sell both new and used
merchandise. Mr. Hollman stated that, based on a literal interpretation of the Zoning Ordinance, a business that
sells used merchandise is only allowed in the GB District.
Mr. Hollman stated that because these uses are located in the CBD and RB Districts, it may make sense to amend
the Zoning Ordinance to clarify where uses such as thrift stores, consignment shops, pawn shops, and the general
sale of used merchandise are allowed. There are a number of options to consider:
The Ordinance could remain as it is and any existing business that deals in the sale of used merchandise
would be nonconforming unless it is located in the GB District. Under these circumstances, the newly
proposed business would not be allowed to open in the Columbia Heights Mall. Staff does not recommend
this approach because the City has historically permitted these businesses to open and operate in the CBD
and RB Districts.
The Ordinance could be amended to allow the sale of used material as a permitted use in the CBD and RB
Districts. This would bring those uses identified above into conformance, and the newly proposed thrift
store would be allowed to open in the Columbia Heights Mall. If this were done and the amendment
language stated that the sale of used material is permitted, any operation selling used material would be
allowed including thrift stores, pawn shops, and consignment shops, unless specifically stated otherwise.
An alternative to item 2 is that the Ordinance could be amended to allow the sale of used material as a
conditional use permit. If the Planning and Zoning Commission recommends this alternative, staff
recommends that the current request be permitted because it was before the City prior to the amendment
taking place.
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The Ordinance could be amended to specifically identify where thrift stores, pawn shops, and consignment
shops would be allowed. This would allow the City more control over the location of the specific uses.
However, it may be difficult to rationalize allowin9 a certain use in a particular zonin9 district without
allowing the other uses because the land use impacts of a thrift store, pawn shop, or even a general retail
store are very similar.
If an amendment is the preferred option, it will need to be decided in which zoning districts the sale of used
merchandise is allowed. It is currently permitted in the GB District, and there are existing businesses in
both the CBD and RB Districts. Should these uses be allowed in the LB, Limited Business District, or the
Industrial Districts?
Mr. Hollman stated that Staff is requesting the Planning and Zoning Commission consider the issues identified above
and provide direction as to what the next steps should be. If the Planning and Zoning Commission is interested in
amending the ordinance, a formal motion should be made directing staff to initiate the process. He noted that a
zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. As
stated above, due to past action by the City to allow the sale of used goods in the CBD and RB Districts, staff
recommends that the current request for a thrift store to open in the Columbia Heights Mall be permitted.
Commissioner Yehle felt there should be a limitation that all product in conjunction with such a store be displayed
inside the store and not on the sidewalks and areas adjacent to the store such as the case of Unique Thrift Store
adding that exterior display and storage at that property does not look very good.
Mr. Hollman stated that pawn shops, thrift stores and consignment shops should be separated with separate and
specific requirements for each use. He stated that this item will be presented at the next City Council work
session.
Motion by Ramsdell, seconded by Hanson, to direct staff to initiate the necessary process for a zoning text
amendment to allow the sale of used 9gods in the Central Business District and Retail Business District. Voice
Vote: All Ayes. Motion passed.
C. FIRST READING OF ORDINANCE 1407
Mr. Hollman informed the Commission that on January 24, 2000 the City Council conducted a first reading of
Ordinance 1407 pertaining to the Planning and Zoning Commission. The proposed Ordinance removes
Councilmembers from serving as voting members on the Commission. However, the Councilmember currently
serving on this Commission as a voting member may continue to serve in that capacity until a citizen replacement is
appointed. Discussion was held regarding the applicationlinterview process conducted by the City Council. It was
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the concensus of the Planning and Zoning Commission members that the City Council move forward immediately on
the appointment of two new commissioners to the Planning and Zoning Commission to fill the vacant seat as well as
the seat of the council representative so that they will be in attendance a the March 7, 2000 regular meeting.
Motion by Yehle, seconded by Hanson, to adjourn the meeting at 8:30 p.m. Voice Vote: All Ayes. Motion passed.
Respectfully_submitted, ~
Secretary to the Planning and Zoning Commission
kp