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HomeMy WebLinkAbout05 Hearing Examiner PLANNING AND ZONING r` �� c �a f ITEM � DATE SUBMITTED BY Pz..-1 C ham . 5��� Q iz�lnz ,.o ��A . Line Pz' 7 at rt ., q z5 I bz. kh6 P2-3 Q.ar x.►.k.Ln—L S)1/4/Lt q (2 S( 11 4 _ -PZ- I COI El,t-Lb4 : 1- -tak. q izslbz n CV\a .nN '6. P 4 - o su P i - 1-02- I r Pz - 5 mi,Ltti as Ps4 Z CO3->iAliS5iati PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: STREET ADDRESS: f ( . j 0 CITY/STATEJZtP: '` ,# , r f`• NAME OF CASE BEING HEARD: c-X) P *******************************AAAAA**********AAA A*******AAAA*******************AAAA A******* Check the appropriate line: Applicant or Representative I Neutral/ I wish to speak i do not wish to speak In favor/. I Opposed/ wish to speak ``J I wish to speak do not wish to speak I do not wish to speak Written comments may be attached to this form or you may write them in below. • • • PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: STREET ADDRESS: CITY/STATE/ZiP: • NAME OF CASE BEING HEARD: P l '7 O ********************k**********A A A A A**********A A A A******k*A AA AA***A************** , A A A A A******* Check the appropriate line: Applicant or Representative I Neutral/ wish to speak I do not wish to speak In favor/ I Opposed/ wish to speak _ 1 wish to speak do not wish to speak 1 do not wish to speak Written comments may be attached to this form or you may write them in below. PZ- PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: (A)& ,a e 144, e STREET ADDRESS: 12; c CITY/STATEJZIP: C .- ;4;.Wye'. j NAME OF CASE BEING HEARD: 1+ E ***%c************AAAA*******!c***J.AAAX**********AAAA******AAAAA*;F****************AAAAA A******* Check the appropriate line: Applicant or Representative I Neutral/ 1 wish to speak do not wish to speak In favor/ i Opposed/ wish to speak I wish to speak do not wish to speak 1 do not wish to speak Written comments may be attached to this form or you may write them in below. 1. &c", ; �� ---it ---- PZ-3 6 ''The Thomas & Helen Edmark'rust Edmark Development Edmark Motors Inc. ib-Wdirve 09/09/2002 SEF 12 2002 Steve Hasson Community Development Director City of Caldwell RE: Case No. SUP-172-02 Steve, Due to prior commitments, we will be unable to attend the public hearing on Sept. 25th 2002. Please share our statement of position with the council and public in attendance. We would not be opposed to Pastor Lane's request, if they agree to waive the 300' alcohol proximity provision in the code relative to churches and schools,as they did at the last hearing. Also, we would hope that they would have adequate parking, and be held to the same standard as any business that is in a C-3 zoning designation. As you are aware, we are well along on our seven Million-Dollar investment, Edmark Plaza,which will be the home to at least three new restaurants each of which intends to have alcohol available for their customers. Regards Dick Ayres Representative for The Thomas and Helen Edmark Trust Attached: Letter of Position dated 06/07/2000 regarding Pastor Lane. 3120 E. Cleveland Blvd., Caldwell Idaho 83605 Phone(208)459-7477 1-800-818-3940 t Fax(208)459-0057 e-mail eddev @yc2.net (' S E(t...,F -0,_ r. c I i\/inderrmPre September 12, 2002 7 it L [t\\,,,/,' i_ ( 1 SEP l7 1 ' City of Caldwell {{j i, P.O. Box 1177 to 1��.,. Caldwell, ID 83606-1177 Attn: Steve Hasson Dear Steve: i We are responding to your letter we received on September 10, 2002 concerning the rea:aesi icy Pastor Freddie Lane. We are very much against Freddie Lane's request. Also, it has been brought to our attention that the owner of Moxie Java has thoughts of a drive up window which we are also very much against. The parking area between Windermere Real Estate and Moxie Java is 80%owned by us and used by our lessee Windermere Real Estate used by Windermere Real Estate agents and their elicits nd customers, Moxie Java employees and customers, the Karate Cclasses, Stueio 3 (a hair, trait, tanning etc shop) and some of Morrison Chiroprati; Clinic's patients. If Moxie Java is successful i in vacating the parking spaces on the south side of their building for a drive up window, the employees and/or customers who presently park there would overflow to the north side, creating some serious parking problems. Windermere has 15 parking spaces, of which 6 are often utilized by Moxie Java and the Karate people. Windermere has 9 agents and employees,plus clients and customers, leaving Windermere with no extra parking spaces. i It is our opinion that although having a drive up window wou c allow Moxie Java to be more conipetiti' e in the era of drive up windows fcr ecffee. h ;'could significantly affect the 1 Windermere parking, greatly reducing the available spaces. We have fortunately had no accidents in our parking lot, which is truly amazing, giver the number of vehicles that cut through our parking lot off Cleveland to Georgia, and visa versa. It is in our request that due to the traffic/parking stress that.s already present, that the re3tie5t by I Pastor Lane, and if any requests formally come in from Moxie Java or any other basitu ss it the ! itemediate area, that they be denied for safety and L osiaess, to business courtesy reasons. t } Sincerely, 1 /f r / __:t • t ,.=phn & Marianne Becker Owner/Ncrth Wall Street Inc i Windermere Real Estate/North Wall Street,Inc. — 85e4 N.Wall Street•Spokane,Washington 99208•509/467-6eJ )•FIX 5(19/456-3610• Internet http://wi ode-a c . CASE NO. SUP-172-02 FREDDIE LANE - CALDWELL CHRISTIAN CHURCH BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO SEPTEMBER 25, 2002 A REQUEST TO EXPAND CALDWELL CHRISTIAN CENTER LOCATED AT 2423 GEORGIA AVENUE IN A C-3 (SERVICE COMMERCIAL) ZONE. TABLE OF CONTENTS: I. COURSE OF PROCEEDINGS II. GENERAL FACTS III. TESTIMONY IV. APPLICABLE LEGAL STANDARDS V. FINDINGS OF FACT VI. CONCLUSIONS OF LAW VII. ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-172-02 to be held before the Caldwell Planning and Zoning Commission on September 25, 2002. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On September 11, 2002 notice was published in the Idaho Press Tribune, and on September 6, 2002 notice was mailed to all property owners within 300 feet of the project site; and, on September 19, 2002 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 all public hearings. II GENERAL FACTS 2.1 APPLICANT: Pastor Freddie Lane - Caldwell Christian Center, 2423 South Georgia Caldwell, Idaho 83605. 2.2 OWNER: Randy Hopkins 111 Auto Drive, Suite 105, Boise, Idaho 83705. 2.3 REQUEST: A request to expand a church operation in a retail business center known as Century Square located at 2922 East Cleveland. The center has 22,084 square feet of property on two floors. The church intends to occupy about 4700 square feet of that center (49x96). 2.4 BACKGROUND INFORMATION: In December of 1999 the Planning and Zoning Commission granted Freddie Lane a special use permit to place a church at the Century CANNFfl �z`� Square (see SUP-69-99). In June of 2000 Pastor Lane sought to amend the special use permit by expanding the church area. In response, the Planning and Zoning Commission approved the expanded use subject to certain time performances (see SUP-69A-99). However, the church did not follow through with the special use requirements and the Community Development Director wrote to the Applicants informing them their special use permit had become null and void. 2.5 LOCATION: 2423 South Georgia Avenue. 2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: Commercial. 2.5.1 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.5.2 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the affirmative. 2.5.3 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on September 6, 2002. 2.5.4 Land Use: The land use is zoned C-3 (Service Commercial Zone) and is surrounded by commercial zoning. Section 10-02-02, Land Use Schedule, Table 1, of Zoning Ordinance Number 1451, permits a church to be located in all zones (except M-2 and I-P) by special use permit. A church is required to provide 0.25 off street parking spaces for every seat. The applicant states in her request for approval of the initial permit that the church currently has 30 members, which would require 8 parking spaces. The hours of operation associated with the church operation are Wednesday and Sunday evenings. These hours are such as to lessen the prospect that other onsite operations would be competing for the same parking spaces. None-the-Less an upper limit to the size of the congregation should be established at this site so that the congregation's growth does not result in the need for off street parking. 2.5.5 Public Services, Utilities and Facilities: 2.5.6 Fire Protection: III TESTIMONY 3.1 Joan Johnson, City of Caldwell Planner I, presented the staff report and outlined the facts as stated. Ms. Johnson reported that the Applicant had received a special use permit in 1999 for the purpose of expansion, however, the order of decision expired before improvements were made. She noted that condition 8.6 states the building permit/change of use permit shall be submitted with three months of the Order of Decision. Ms. Johnson stated that the requirements of the building official will be applicable during the building permit application review. Ms. Johnson reported that staff was requesting Reverend Lane to work with the City concerning off street parking issues. She noted that parking lease agreements with the surrounding business owners may be necessary. Ms. Johnson presented Exhibits PZ-1000 (Letter from Dick Ayers) and PZ-1001 (Letter from Windemere Real Estate). 3.2 Freddie Lane, Applicant, testified in favor of the application. Ms. Lane stated that she would be leaving for Africa on September 26 for a period of approximately four months. She requested that the time requirements be extended to allow for her absence. She stated the following facts: 1) The congregation is approximately 35-40 members; 2) There is sufficient parking directly in front of the church for their congregation; 3) The church does not use the Windemere parking lot space; 4) Since a fire wall was recently built in the present facility, their space has been noticeably decreased, thus the need for the expansion. 3.3 Rod Bradley testified in favor. Mr. Bradley stated that he was a member of the congregation. He stated that there is adequate parking for the congregation. 3.4 Wayne Palmer testified in favor. Mr. Palmer noted that the church presently occupies approximately 2,100 sq. ft. of finished space and will be adding an additional 1,200 sq. ft. for a total of 3,300 sq. ft. He reported that the church hosted a special function last year which they conducted out of the premises since the crowd was too large for the facility. 3.5 Freddie Lane testified in rebuttal stating that the church is not in opposition to a bar locating close to the church facility. 3.6 Mark Hilty, City Attorney, reported that the Idaho Code states that a bar may not locate within 300 feet of a church. 3.7 Joan Johnson stated that the original special use permit indicated that the church must have 25 parking spaces. 3.8 Freddie Lane reported that the church has ample parking along Georgia Avenue for the 30 members who regularly attend. Testimony closed. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V PLANNING AND ZONING COMPREHENSIVE PLAN ANALYSIS - The Planning and Zoning Commission accepted the Comprehensive Plan Components as stated. 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. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 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. 5.4 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. OBJECTIVE A: To guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. OBJECTIVE C: To promote growth in areas where public facilities and services are readily available. The City's public water/sewer systems are readily available to serve this area. 5.5 Natural Resources GOAL: Preserve, protect, and enhance the water quality and quantity of the Boise River, Indian Creek and their natural environments. POLICY 1: Prevent the collection and conveyance of untreated stormwater, created by new development, into surface bodies of water by requiring developers to comply with local, state and federal stormwater policies. 5.6 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 A: To protect the safety of people and their property. OBJECTIVE B: To provide for the orderly expansion of public services to meet the needs of population growth. OBJECTIVE C: To optimize the public investment. OBJECTIVE D: To coordinate efforts in order to provide better services to the public. POLICY 1: Require adequate water supply for fire flow when approving development. POLICY 2: Include emergency service providers, such as police and fire departments and EMS, in the development review process. POLICY 7: Require new developments to meet design standard policies, as adopted by the City, and any other applicable public entity's adopted policies for public infrastructure improvements. 5.7 Transportation GOAL: To provide for the efficient, safe, and cost effective movement of people and goods. OBJECTIVE A: To protect public safety and the environment. 5.8 Hazardous Areas Component POLICY 2: Require development to adequately control erosion and stormwater runoff. 5.10 Community Design GOAL: Foster growth in a manner than will enhance and improve the visual image of the city. OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city. OBJECTIVE B: To develop sign standards that will enhance the community. OBJECTIVE C: To continue to work toward the elimination of blight and areas of deterioration. OBJECTIVE E: To ensure that new development enhances rather than distracts from the visual image of surrounding areas. POLICY 2: Encourage the installation of landscaped entrances to new developments. POLICY 3: Require buffer strips between newly locating developments that abut different classifications of use. POLICY 5: Develop a tree-planting program that will encourage existing and new developments to replace or plant trees. Provide applicants for new or expanding developments with information on the program and encourage their participation. POLICY 6: Include the City's forester/horticulturist in the review process for all new or expanding developments that include landscaping requirements. Such review would be for the forester to offer input regarding species and types of vegetative landscaping that is appropriate for this area and climate. VI PLANNIING AND ZONING COMMISSION'S FINDINGS OF FACT 6.1 The Planning & Zoning Commission accepted the general facts outlined in the staff report, testimony from staff and public, and Exhibits PZ-1000 (Letter from Edmark Plaza Motors) and PZ-1001 (Letter from Windemere Real Estate). VII PLANNING AND ZONING COMMISSION'S CONCLUSIONS OF LAW 7.1 The Caldwell Planning and Zoning Commission has the authority to hear this case and to approve or deny it; the hearing was legally noticed and conducted within the guidelines of applicable codes and ordinance. IX PLANNING AND ZONING COMMISSION'S ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Planning and Zoning Commission order that Case No. SUP-172-02 a request to expand a church located at 2423 S. Georgia Avenue in a C-3 (Service Commercial Zone) is approved with the following conditions: 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership, or until such time that the Permit may be revoked, become invalid, or replaced with another approved use. The Special Use Permit is not transferable from the approved site to another site. 8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon this Special Use Permit. 8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and determined whether or not they are substantial. If the changes are considered to be substantial, an amendment to the special use permit can only be granted by the Planning and Zoning Commission or Hearing Examiner through the public hearing process. 8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 A building permit/ change in use permit shall be obtained prior to any use on site commencing. The change in use permit application shall be submitted within three months from the date of signing the Order of Decision or the Applicant. All of the requirements placed on the change in use permit by the Building Official, Fire Marshall and City Engineer shall be met prior to the permit being issued. 8.7 The occupancy rate for the portion of the building used as a church shall be determined by the building official and fire marshal and shall not be exceeded at any time. The certificate of occupancy shall include the maximum occupancy rate, and the certificate of occupancy shall be posted within the church and shall remain until the use discontinues. 8.8 The Applicant or future assigns having an interest in the subject property, shall provide sufficient off street parking to meet the requirements for parking of Zoning Ordinance Number 1451. No secondary lot shall be used for the church membership until a special use permit is requested and approved through the public hearing process. 8.9 Prior to obtaining the building permit, the Applicant shall work with the Community Development Director to determine appropriate off street parking areas. This may include the requirement for the Applicant to obtain lease agreements with the surrounding business owners for the use of their parking areas. 8.10 The Century Square Business Center site will be reviewed to determine if its landscaping is in keeping with the spirit and intent of the new landscaping ordinance. The property owner is obligated to install additional landscaping if it is determined to be deficient. CASE NO. SUP-172-02 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A PUBLIC HEARING HELD SEPTEMBER 25, 2002. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WAS ADMINISTRATIVELY APPROVED AND SIGNED BY CHAIRMAN ROBISON ON THE DATE NOTED BELOW. �►-c tt �"� 1 /( _ [ ATT : A Sy .a Robison, Acting Chairman Date Co runity Development Director Caldwell Planning and Zoning Commission MINUTES September 25,2002 Call to Order—Acting-Chairman Robison called the meeting to order at 7:00 p.m. II. Roll Call — Members present: Chairman Sylvia Robison, Jack Teraberry, Joyce Griffith, Paul Alldredge, and Mike Jakobson. Absent: Janie Archuleta Staff Present: Steve Hasson, Debbie Geyer, and Ben Weymouth III. Review of Proceedings—Chairman Robison reviewed the procedures for public hearing. IV. Poll Members for Conflict of Interest—Chairman Robison polled members for conflicts of interest. There were none. V. New Business -Hearings A. Case No. SUB-77P-02, a request by Bill Gilbert for preliminary plat approval of 18 commercial and 3 common area lots on approximately 40 acres in an M-1 (Light Industrial) zone. The site abuts the west side of Smeed Parkway approximately 1200 feet south of Highway 20/26. It is legally described as the SE 1/4 NW 1/4 Section 25 T.4N., R3W., B.M. Caldwell, Canyon County, Idaho. Joan Johnson, City Planner, stated that the hearing for Case No. SUB-77P-02 would be continued at the request of the Applicant to Thursday, November 21, at 7:00 p.m. at the Caldwell Community Room located at the Police Department, 110 South 5th Avenue. MOTION: Joyce Griffith. SECOND: Jack Teraberry. Continue the hearing on Case No. SUB -77P-02 to a time certain of November 21, 2002, 7:00 p.m. at the Caldwell Police Department Community Department. PASSED: Unanimous roll call vote. B. Case No SUP-172-02, a request by Pastor Freddie Lane to amend the existing special use permit that was approved to operate a church out of a building at 2423 Georgia Avenue by expanding the church area, which would add approximately 4700 square feet of space to the existing church facility. The site is zoned C-3 (Service Commercial) and the building, which currently houses Radio Shack and Premier Video, is located at the intersection of Cleveland Boulevard and Linden Street. Testimony—Joan Johnson, City Planner, presented the staff report and Exhibits: PZ-1000 (Letter from Edmark Plaza Motors/Dick Ayers) PZ-1001 (Letter from Windemere Real Estate) Freddie Lane, Applicant, testified in favor of the application. Ron Bradley, testified in favor of the application. \Aiayne Palmer testified in favor of the application. • p z.-s' Mark Hilty, City Attorney, clarified the Idaho State Law concerning location of a bar in close proximity to a church. Public Testimony Closed —Chairman Robison closed public testimony. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis— MOTION: Commissioner Robison. SECOND: Commissioner Teraberry. The request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights— Goal, Objective B and Policy 1; School Facilities and Transportation —Goal and Policy 1; Land Use—Goal, Objectives A and C; Natural Resources—Goal and Policy 1; Public Services, Utilities and Facilities— Goal, Objectives A, B, C, D, and Policies 1, 2 and 7; Transportation —Goal and Objective A; Hazardous Areas Component— Policy 2; Community Design —Goal, Objectives A, B, C,E and Policies 2, 3, 5, and 6. Passed: Unanimous roll call vote. Findings of Fact— MOTION: Commissioner Alldredge. SECOND: Commissioner Teraberry. Accept the general facts outlined in the staff report, facts brought forward during public testimony and Exhibits PZ-1000-1001. Passed: Unanimous roll call vote. Conclusions of Law— MOTION: Commissioner Griffith. SECOND: Commissioner Teraberry. The commission accepted the conclusions of law as stated in the staff report. Passed: Unanimous roll call vote. Order of Decision — MOTION: Commissioner Teraberry. SECOND: Commissioner Alldredge. The Commission approved Case No. SUP-172-02 with conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed—Chairman Robison closed the hearing. C. To hear concurrently, Case Nos. ZON-25-02 andSUP-170-02, requests by Crestline Development, LC, and Heartland Development, LLC, for the following: a rezone of approximately 2.75 acres from C-2 (Community Commercial)to R-2 (Medium Density Residential) zoning; preliminary plat approval of 17 residential and 1 common area lot on approximately 2.68 acres of the aforementioned site; and special use permit approval of a 1164 unit mini-storage facility and 24 hour caretaker facility in a C-2 (Community Commercial) zone. The site is located at the northeast corner of the intersection of KCID Road and Highway 20/26. Testimony—Steve Hasson, Community Development Director, presented the staff report and Exhibits: PZ-1000 (Letter from ITD) PZ-1001 (Site Plan) Ben Weymouth, Assistant City Engineer, presented facts concerning the application. Doug Brown, Fire Marshal, presented facts concerning the application. Rita Earl, Applicant's Representative, testified in favor of the application and presented the following exhibits: PZ-1002 (Pictures of Fencing Styles) PZ-1003 (Pictures of Fencing Styles) PZ-1004 (Site Plan) Planning &Zoning Commission Minutes—September 25, 2002 Conclusions of Law-MOTION: Commissioner Griffith. SECOND: Commissioner Alldredge. The commission accepted the conclusions of law as stated in the staff report. Passed: Unanimous roll call vote. Recommendation-MOTION: Commissioner Griffith. SECOND: Commissioner Alldredge. The Commission recommended approval of Case No. OA-45-02 with conditions outlined in the staff report. Passed: Unanimous roll call vote. Public Hearing Closed -Chairman Robison closed the hearing. VI. Planning Issues: A. Next meeting date was announced for October 17, 2002. VII. Adjournment-Chairman Robison adjourned the meeting at approximately 10:00 p.m. MINUTES APPROVED AND SIGNED BY CHAIRMAN ROBISON AT A REGULARLY SCHEDULED MEETING: j),),X,c1—Lek., O -1 Z -U 3 Attest: Chairman, Sylvia Robison Date Comm y Development Director Planning &Zoning Commission Minutes—September 25, 2002