City of Highland Building and Zoning Combined Planning & Zoning Board met Sept. 2.
Here is the minutes provided by the board:
1. Call to Order – 7:00PM
2. Roll Call
CPZB Members – Present – Anthony Walker, Al Stoecklin, Bob Vance, Shirley Lodes, and Deanna Harlan
CPZB Members – Absent – Bill Koehnemann and Chairman Brad Korte
Staff – Present – Breann Speraneo, Mike McGinley, Mark Latham, Mallord Hubbard, Matt Kundrat, and Kim Kilcauski
Breann Speraneo stated that Chairman Brad Korte was unable to participate in the meeting and a temporary chairman would be needed. She asked for Counselor Mike McGinley’s assistance.
Mike McGinley asked Breann Speraneo who would be the temporary board chairman for the meeting. Breann Speraneo responded that the temporary board chairman would be Anthony Walker. Mike McGinley asked for a motion to appointment a temporary chairman for the Combined Planning and Zoning Board Meeting on September 2, 2020. A motion was made by Shirley Lodes to appoint Anthony Walker as the temporary chairman, seconded by Al Stoecklin.
Mike McGinley requested a roll call vote to appoint Anthony Walker as the temporary board chairman. 5 Ayes and 0 Nays. Motion approved.
3. General Business:
Approval of the August 5, 2020 Minutes
A motion was made to approve the August 5, 2020 meeting minutes as written by Deanna Harlan, seconded by Al Stoecklin. 5 Ayes and 0 Nays. Motion approved.
4. Public Comment Section
Persons who wish to address the Combined Planning and Zoning Board regarding items not on the agenda may do so at this time. Speakers shall be limited to five (5) minutes or a reasonable amount of time as determined by the City Attorney. Any presentation is for informational purposes only. No action will be taken. Chairman Walker opened the Public Comment Section regarding items not on the agenda at this time. Hearing none, he asked if any comments not on the agenda had been received and needed to be read into the minutes. Kim Kilcauski responded that there were not any comments received other than those received on meeting agenda items. Chairman Walker closed the Public Comment Section.
5. Public Hearings and Items Listed on the Agenda
Persons wishing to address the Combined Planning and Zoning Board regarding items on the agenda may do so after the Chairperson opens the agenda item for public hearing or for public comment. Speakers shall be limited to five (5) minutes or a reasonable amount of time as determined by the City Attorney.
Chairman Walker reviewed the meeting process and administered the oath to those guests in attendance wishing to address the board. Guests taking the oath included Dustin Barry and Valerie Di Maggio.
6. New Business
a) Giuseppe Di Maggio (50 Tamarack Ln), representing Dan Delaney (1709 Main Street), is requesting a Special Use Permit to allow for a bar/tavern at 808 Broadway.
Chairman Walker opened the public hearing on this item. Breann Speraneo presented the information on the request to allow for a Special Use Permit for a bar/tavern. The “Bar/Tavern” is a Special Use within the C-2 central business district. Di Maggio’s plan is to shift the business from a restaurant to a bar with carry-out and delivery. The business owner’s narrative described the shift. Breann Speraneo continued by saying that the subject property is denoted as downtown on the Comprehensive Plan’s Future Land Use Map and a bar/tavern is an appropriate use for the downtown area. 808 Broadway is surrounded by properties on all sides that are zoned C-2. Breann Speraneo went through the Standards for Review for Special Use Permits stating that the proposed Special Use is consistent with the Comprehensive Plan, will not have an adverse effect on public utilities or traffic circulation on nearby streets, will adequately protect the public health, safety and welfare, and the physical environment, will not have a detrimental impact on the value of the neighboring property or on the City’s overall tax base, and will utilize the public utilities. She also noted that there are no facilities nearby that require special protection. Staff discussion included that Di Maggio’s is an existing business within the City of Highland. The interior layout of the building will be the only physical change and the exterior will remain the same. She added that staff wishes to support existing businesses and does not have concerns with Di Maggio’s modified business plan. Breann Speraneo asked if there were any questions and added that Valerie Di Maggio was present for questions as well.
Deanna Harlan asked for verification that the building being discussed was the current Di Maggio’s building. Breann Speraneo confirmed that it was. Deanna Harlan noted that the drawing looks like people will come in the door to place orders and then walk out the same way. Valerie Di Maggio replied that was correct. Deanna Harlan asked the width of the hall. Valerie Di Maggio stated that the hallway was five to six feet wide. Deanna Harlan also asked for confirmation that people had to be 21 years of age to dine in. Valerie Di Maggio confirmed that was true. Deanna Harlan asked if Valerie Di Maggio thought there may be parking issues. Valerie Di Maggio responded that parking should not be an issue as the businesses have street parking and the corner parking lot. Bob Vance asked Breann Speraneo to go back to the slide on surrounding uses. He noted that the Chiropractic office is actually on the west. Breann Speraneo confirmed.
Chairman Walker asked if there were any further questions. Hearing none, he asked if any public comments had been received on this item. Kim Kilcauski read the following comments and questions received from Andrea Garson via email on September 1, 2020 at 2:08PM: “Good afternoon. I received a letter regarding Di Maggio and Delaney requesting a special permit for a bar/tavern. I have a few questions and concerns about this. I obviously live within 250 ft of subject property and am concerned about the bar/tavern operating hours, music levels and parking. I have a young family and do not want to have loud music in the evening around bedtime routines. I also am concerned about the type of language in the music. We have already experienced the lack of consideration for our property and personal property by people under the influence of alcohol form other near bars and local Switzerfest. Will there be outdoor seating? Outdoor music? Live bands? I don’t wish for there to be a bar in my backyard. I am curious if it is of any concern to the business owners how the local residents will be impacted.” Valerie Di Maggio addressed the questions and concerns by stating there would not be outdoor dining, outdoor music or live bands. She added that the noise level from the business should not be any different than it is now. She also noted that the impact to the businesses and residents should not change and adequate parking will be available on the street and in the corner parking lot. Chairman Walker asked Mike McGinley to verify this was the correct way to read and address the concerns that had been received. Mike McGinley confirmed that it was. Chairman Walker asked if the meeting minutes would be provided. Mike McGinley replied that the meeting minutes upon approval are posted as a public record. Chairman Walker asked if there were further questions or comments. Hearing none, he closed the public hearing and asked for a motion to approve the item. A motion was made by Deanna Harlan and seconded by Al Stoecklin. Chairman Walker asked if there was any further discussion. Hearing none, he asked for a roll call vote. 5 Ayes and 0 Nays. Motion approved.
b) Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street), is requesting a Special Use Permit for a bar/tavern at 916 6th Street.
c) Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street), is requesting a Special Use Permit for a liquor store at 916 6th Street.
d) Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street), is requesting a Special Use Permit for a drive-through at 916 6th Street.
Chairman Walker opened the public hearing on the items pertaining to 916 6th Street stating all items will be presented and then each item will be discussed and a vote will be taken. Breann Speraneo presented information on the agenda items regarding 916 6th St. She stated that the three Special Use Permits requested included allowing for a bar/tavern, liquor store and drive-through. She added that these are all Special Uses within the C-2 central business district. Breann Speraneo continued by saying the subject property is denoted as downtown on the Comprehensive Plan’s Future Land Use Map. A bar/tavern, liquor store, and drive-through are appropriate Special Uses for the downtown area. Land use and zoning of the surrounding properties include Barnett’s Pest Control zoned Industrial to the North, single-family homes to the South and West zoned C-2 and a single-family residence to the East zoned R-1-D. Breann Speraneo presented the Standards for Review for Special Use Permits stated the following: the proposed Special Use is consistent with the Comprehensive Plan; the proposed bar/tavern and liquor store would not have an adverse effect on public utilities or traffic circulation on nearby streets; the proposed drive-through may cause traffic circulation issues; the proposed Special Use will adequately protect the public health, safety and welfare, and the physical environment; the proposed Special Use will not have a detrimental impact on the value of neighboring property or on the City’s overall tax base; the proposed Special Use will utilize public utilities; there are no facilities near the proposed Special Use that require the need for special protection. Staff discussion included the proposed use would allow for a new business on a currently vacant property. The aesthetics of the lot would improve. City Staff does not recommend a drive-through at this location at this time. If the applicants provide Staff with a feasibility study on the proposed drive-through, staff will reconsider this element of the proposed plan. Staff does not have concern with a walk-up window in place of a drive through.
Chairman Walker asked if the applicant would like to comment. Dustin Barry presented from a rendering saying the building at 916 6th St. has set vacant for a little over a decade. He said the plans include a complete over haul of the building; tearing down the area where there is a cooler now and rebuilding it as an addition onto the building. This would be the gaming area and approximately 204 sq. ft. Dustin Barry continued that there would be a bar and retail area and approximately 981 sq. ft. He said the plan includes seating, package liquor sales, wine sales and at the bar there would be coffee sales similar to Starbuck’s style coffee and ice cream. He continued by saying the drive-up window would allow for customers to get their coffee quickly. He said that he didn’t think it would cause much of a traffic problem because of how quick you can have coffee delivered to a customer and the car can then continue moving fairly quickly form the area. He noted that there is plenty of room in the parking lot to allow for the cars to get in and out without with the angle that has been proposed for the drive through. Dustin Barry added that the bar/tavern special use permit was the best way to classify it, not that the property is going to be a traditional bar as a person would imagine it. He said that was the best way to go about getting a liquor license. Renderings were shared with the board of the building including the interior, the drive-through and outdoor seating.
Chairman Walker asked if there were any further questions. Hearing none, he asked if any public comments had been received on this item. Kim Kilcauski said that comment and questions had been received from four people.
Kim Kilcauski read the first comment received from Joseph Drees-Douglas on Friday, August 21, 2020. “Good Evening. My name is Joseph Drees-Douglas, I am a nearby homeowner to 916 6th Street. What will owners of the drive-thru liquor store do about the foot traffic in the area? All-year-round 6th Street is a busy street with people walking, riding bikes and jogging. Especially during the summer, with Tropical Sno being a popular hangout spot for children in and outside of the Highland community. My concern is for the safety of the children, pedestrians, and families that frequently visit Tropical Sno and using the sidewalks in the area. Joseph Drees-Douglas” Dustin Barry responded that he would be willing to put up signage that may make people more aware. He said the traffic going in and out will be slow moving, so there should not be a huge impact on traffic or the children across the street. He doesn’t believe there will be any issues. He added in fact that foot traffic is good for business and he would not want to do anything to make people feel unsafe.
Kim Kilcauski read the second comment received from J & S Head Investments LLC on Monday, August 24, 2020. “We are against bar and tavern license on 6th Street. We have rental property near and rent to families!” Dustin Barry addressed the comment by first noting that 916 6th Street was a vacant and decrepit building sitting next to the rental property. He said that a thriving business such as a coffee
shop, which is pretty much the main focus of the store would help with renters by providing a service. He said there will not be noise, no outdoor music and not a traditional bar as some might be thinking. Dustin Barry said that contrary to what may be thought, the business would add value to rental properties in the area.
Kim Kilcauski read the third comment received from Jeff Liening on Friday, August 28, 2020. “My name is Jeff Liening and I am submitting the following appeal with, and on behalf of my father, Gaylord Liening. We jointly own the residential property (910 6th Street) which is adjacent to the property requesting a variance to the current zoning restrictions (916 6th Street). We oppose the zoning request of 916 6th Street for the purpose of a bar or tavern. We also oppose allowing the prospective business to offer drive-thru service. The additional noise and congestion associated with a drive-thru would not align with the current residential environment. The majority of the properties in this neighborhood are single family dwellings. This neighborhood does not want or need a tavern, beer garden, live bands, or a drive-thru liquor store as a new neighbor. The proximity of this property (based on lot size) is entirely too close for the activities associated with that type of establishment. We request that you keep the current zoning ordinance as it is today. Please do not destroy the current integrity of our neighborhood. Sincerely, Jeff Liening / Gaylord Liening, 910 6th Street, Highland, IL 62249” Dustin Barry responded that he believes there may be a misunderstanding because of the licenses and permits that they are going after of what the business is going to be. He said people will see a simple permit that is going to be a bar like you traditionally see and again it is not going to be that. He added that there will not be outdoor music. The outdoor seating will not be a beer garden, but just outdoor seating for people to enjoy coffee and ice cream. Dustin Barry said that he didn’t think that it would affect neighboring houses negatively, but it would add value.
Kim Kilcauski read the fourth comment received from Eva Suhre on Wednesday, September 2, 2020. “Questions and Comments regarding the Commercial Property at 916 6th Street.
1. Does Highland really need another bar/tavern and liquor store in our town?
*FACT: There is a bar 2 blocks from this location on Walnut Street.
*FACT: There is a liquor store 5 blocks from the requested location on Walnut Street. *FACT: In the opposite direction towards Main Street and Broadway within 5-6 blocks, there are numerous bars and taverns.”
Dustin Barry addressed the question and comments stating that it is a misunderstanding because of the permits and licenses that they were going for of what the business is going to be.
“2. Isn't the requested location 75% or 3 sides of this building surrounded by residential property and homes?”
Dustin Barry responded that it will not pull away from any value of any homes or cause any disruptions for the community in that area. He went on to say that it will only add because they will be taking away a decrepit building and adding something nice in the neighborhood. He said that the building, parking lot, outside of the building, and landscape will all be added or upgraded and look nice. Dustin Barry went back to the last comment to address the liquor store part of it. He said that they plan on offering a very limited selection of wines and liquors that are more upscale, so it will not be a full out traditional liquor store.
“3. Is this a good location for a bar/tavern and liquor store for the Tropical Sno (across the street) that has been there for 28 years?
*FACT: They cater to families both young and old who walk, ride their bike, and park with children and pets, then sit outside and enjoy their purchase.
Please take this information into consideration when making your decision, it could have an everlasting effect upon the City of Highland. Thank you. Eva Suhre”
Dustin Barry responded that he has been taking his kids to Tropical Sno since they were old enough to go. He continued that he hopes to provide the same type of family friendly environment for the outside where people can enjoy coffee and ice cream. He said that the liquor and the gaming will be more hidden towards the back of the store as seen in the drawings so the front of the store is purposely based to be family friendly and offer that environment.
Chairman Walker asked if there were any further comments or questions. Deanna Harlan said that she was struggling with the business format because to her coffee and ice cream were family focused and then there is liquor and tobacco being sold as well as gaming all under the same roof. She added that it didn’t make sense to her and there was not any real division between the ice cream and all the liquor and everything else. She continued that Dustin Barry commenting that it is not a bar and then in his write up it specifically says that a full service bar, specialty drinks and indoor/outdoor seating will be offered. She said that she was struggling because it really is a bar. Deanna Harlan said that it may not be traditional, but it will still be a bar with open drinks and bottles of liquor. Deanna Harlan expressed concerns over traffic and parking saying especially because of the sno cone place. She continued that there are young kids that ride their bikes and walk up there all by themselves. She went on to say that that is a huge issue and must be considered when alcohol is involved. Deanna Harlan said that she was assuming patrons served specialty drinks will not leave the building with those to join the people at the tables outside. She said putting signs up telling people to be careful and watch for kids will work. Deanna Harlan suggested barriers in front of the tables since there will be a parking lot and driving. She also said that she didn’t think a drive-through was a good idea for this location, but a walk up would be possible. Dustin Barry responded saying a barrier outside by the outdoor seating area would be fine. He said most bars and places that have outdoor seating like Jimmy Johns have outdoor barriers. He added that alcoholic drinks could be used outside based upon the way the bars in town operate. He said that he does not plan to sell a lot of alcohol. He noted that the alcohol licenses are a way to get other licenses. Dustin Barry continued that it will not be a traditional bar. He said that he definitely agrees with the barriers and they will be taken into consideration.
Chairman Walker asked if there was any further discussion. Al Stoecklin asked about alcohol being served in the outdoor seating area. Dustin Barry said it was based on areas like Marx Brothers where people can have alcoholic beverages outside. He said that most of the bars in Highland have a place to drink outside. Dustin Barry went on to say that this is not the purpose of the business to promote a bar/tavern type of environment. He said the drinks that will be offered will be specialty drinks, coffee and ice cream too. He said that it will not be like people sitting at a bar doing shots or drinking cans of beer.
Bob Vance asked if any age will be able to enter the business. Dustin Barry responded that was the intention. He went on to say that areas that they do not want people under 21 in will be marked such as the gaming area and pretty much the back portion of the business. Bob Vance said that he was confused about the plan and why there needs to be coffee, ice cream and liquor. He suggested focusing on one thing or the other. Dustin Barry said the reason to do it this way is because there have been several coffee shops that have tried to make it in Highland and they have failed. He went on to say that they are trying to add extra revenue to make sure that the business has a survivability. Dustin Barry said that he did do a financial report for himself and with everything the profit of all of it is expected to be between $60,000 and $80,000 a year.
Shirley Lodes asked if he was going for the bar/tavern sales so he could have the gaming. Dustin Barry confirmed that was correct. Shirley Lodes said that it is very ambitious to put all of the things that he wants to put in that building. Dustin Barry replied that the drawings show the wine and liquor racks being very small and the gaming area is also small. He said it will be a very select inventory of mostly wines and spirit. He added that the area where the gaming is in the picture is not even a part of the building right now. He said that the freezer and ceiling there will be removed. He said that portion of the building will be rebuilt. He added that the gaming area may not even take up the entire area and the seating area would then be added to. Shirley Lodes added that she does not like the idea of a drive through at all. Shirley Lodes said that the Country Store sold various kinds of liquor and she didn’t know if traffic would be much different in that regard.
Deanna Harlan asked if the coffee and ice cream patrons were allowed to sit at the island, tables and booths. Dustin Barry replied that they were.
Chairman Walker commented on the drive through saying that cars would potentially be sitting and waiting on Washington Street with possible traffic congestion as people are trying to exit the property onto 6th Street pretty consistently in the morning rush. He said that he agrees with Staff that a deeper study is needed to understand how that is and what the queueing will be in order to make a fair assessment of what that impact will look like. Dustin Barry acknowledged the comment.
Chairman Walker asked if there were further comments or discussions. He verified staff recommendations had been made on all three items. Breann Speraneo responded that recommendations had been made on all three items. Chairman Walker closed the public comments.
Chairman Walker asked for a motion to approve the request for a Special Use Permit for a bar/tavern at 916 6th Street as submitted by Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street). A motion was made by Shirley Lodes and seconded by Deanna Harlan. Chairman Walker asked if there was any further discussion. Deanna Harlan said that she was thrilled that someone was looking to put a business in this location because it has been vacant for so long, but she is not sure this is the right business. Chairman Walker asked if there was anything further. Chairman Walker said that he echoed Deanna Harlan’s commentary. He added that it is nice seeing something trying to get developed here, but he is struggling with the idea of a bar/tavern and the public discussion that we have been hearing. He continued that it does not seem that there is clarity on that point as to exactly what is going into the location. Hearing no further discussion, Chairman Walker requested a roll call vote. 0 Ayes. 5 Nays. Motion not approved.
Chairman Walker asked for a motion to approve the request for a Special Use Permit for a liquor store at 916 6th Street submitted by Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street). A motion was made by Deanna Harlan and seconded by Al Stoecklin. Chairman Walker asked if there was any further discussion. Hearing none, Chairman Walker requested a roll call vote. 4 Ayes. 1 Nay. Motion approved.
Chairman Walker asked for a motion to approve the request for a Special Use Permit for a drive-through at 916 6th Street submitted by Dustin & Laura Barry (2505 Country Hills Ln), representing Rehberger Holdings (701 Laurel Street). A motion was made by Deanna Harlan and seconded by Bob Vance. Chairman Walker asked if there was any further discussion. Hearing none, Chairman Walker requested a roll call vote. 0 Ayes. 5 Nay. Motion not approved.
e) The City of Highland (1115 Broadway) is requesting a text amendment to Section 90-127 of the Municipal Code to reduce R-2-A and R-2-B zoning districts to one and two unit dwellings and to correct an error pertaining to R-3.
Chairman Walker opened the public hearing on the text amendments. Breann Speraneo presented the requests for text amendments. She explained that the current text states that in R-2-A districts one to three unit dwellings are allowed, in R-2-B districts one to four unit dwellings are allowed, and in R-3 districts all new uses or changes shall require rezoning.
Breann Speraneo continued to present amendment number one stating that three and four unit dwellings are considered multi-family. According to the zoning matrix, multi-family dwelling is not a permitted use in R-2-A and R-2-B zoning districts. This conflicts with the code language in the zoning code where one and two family dwellings are listed as permitted uses on table 3.1. Breann Speraneo added that the zoning matrix does not allow multi-family and then the code that reads three and four unit dwellings are allowed in R-2-A and R-2-B. She said that the code needed clarification to match with the matrix. In an effort to encourage development of one and two family homes within the city, staff suggests amending 90-127 to match the zoning matrix. She added that multi-family dwellings would still be permitted in the R-3 district as a planned use and in the C-2 district as a special use. She stated that the city is not doing away with multi-family dwellings and they would still be allowed as a planned use within the R-3 district and as a special use within the C-2 district. The R-3 district is the standard multi-family dwelling zoning area and that is the intended use. Breann Speraneo went on to explain that the code would be cleaned up and allow one and two unit dwellings in R-2-A and R-2-B.
Breann presented the second text amendment that currently states rezoning is necessary in the R-3 district when a new use is proposed. She said rezoning is not the appropriate step for a new use or change in the R-3 district. Instead, she said the step would be to review through the PUD process. Breann Speraneo stated that the error was likely a scrivener’s error seeing that it should be PUD in place of rezoning. She asked if anyone had any questions. Chairman Walker asked for questions as well. Hearing none, Chairman Walker asked if any public comments were received on this item. Kim Kilcauski responded that no comments were received. Chairman Walker asked if the board had any questions. Hearing none, Chairman Walker closed the public hearing and asked for a motion to adopt the item. A motion was made by Bob Vance and seconded by Deanna Harlan. Chairman Walker asked if there was further discussion. Hearing none, he asked for a roll call vote. 5 Ayes, 0 Nays. Motion approved.
f) The City of Highland (1115 Broadway) is requesting a text amendment to Section 90-129 of the Municipal Code to adjust the required lot area per unit for the R-2-A, R-2-B & R-3 zoning districts.
Chairman Walker opened the public hearing on this item. Breann Speraneo presented the requested text amendment. She said the current text would just amend the lot area square footage section of the table. Given that the R-2-A and R-2-B districts would only allow for two unit dwellings per building and there are no residential uses that are planned uses in these two zoning districts, the required measurement if there is more than one principal building on a lot should be removed from the R-2-A and R-2-B districts. She added for the R-3 district, staff is proposing to adjust the required lot area per unit to 4,000 square foot to allow for 10.89 units per acre which is sufficient for two story multi-family developments. Breann Speraneo said that these developments would still go through the PUD process, in which the required lot area per unit can be adjusted on a case by case basis if needed. She presented the proposed text which took out the required measurement if there would be more than one principal building on a lot. The last text amendment made it so only one and two unit dwellings are allowed in R-2-A and R-2-B. She said that there should not be more than one principal building on a lot, so that provision can be removed. Breann Speraneo stated that the square footage for the lot unit should remain the same in these districts. She added that the R-3 district should have the current lot area per unit removed and increased to 4,000. She added that this would still allow for about 11 units per acre, which is more than reasonable. Breann Speraneo noted that this would allow for just about any of our current apartment dwellings in town. She went on to list the Enclave or the Edge, the student housing complexes at SIUE, as examples being too large to be built within the districts. She said if something that big would come to town, then the developer could apply for a variance through the PUD process. Breann Speraneo continued by saying typically desired growth is out and not up. She added that new apartment complexes should have the appropriate density. She asked if anyone had any questions. Chairman Walker asked for questions as well. Hearing none, Chairman Walker asked if any public comments were received on this item. Kim Kilcauski responded that no comments were received. Chairman Walker asked if the board had any questions. Hearing none, Chairman Walker closed the public hearing and asked for a motion to adopt the item. A motion was made by Deanna Harlan and seconded by Shirley Lodes. Chairman Walker asked if there was further discussion. Hearing none, he asked for a roll call vote. 5 Ayes and 0 Nays. Motion approved.
7. Calendar
a) October 7, 2020– Combined Planning and Zoning Board Meeting
Breann Speraneo stated that there would be an October meeting.
b) Adjournment – 8:10PM
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