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HomeMy WebLinkAboutPC91006 - 4/11/91 & 5/30/91 - 1601 67th AvePLANNING COMMISSION FILE CHECKLIST File Purge Date: ' QLl FILE INFORMATION Planning Commission Application Number: i70(,p PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission q 1(tct 1 City Vault Minutes: City Council 1 City Vault Document Tvae Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 91006 Please Print Clearly or Type Street Location of Property 1601 67th Avenue North Legal Description of Property Lot 2, Block 1, Berean Addition Owner Sunlite Properties Address 208 73rd Avenue North, Minneapolis, MN 55430 Phone No.566-4150 Applicant Same Address Phone No. Type of Request: Rezoning Subdivision Approval x VarianceSite & Bldg. Plan Approval Special Use Permit Other: Description of Request: Adding 7 additional parking spaces and reducing setback for parking on the east side from 50'-0" to 15'-0". The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ 5).00 Receipt No. 86150 Date: PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved 5be)lel _ Denied this oi" day of X--y el following conditions: CITY COUNCIL ACTION Dates of Council Consideration: Z)"*- '-Z`// plicant's Signature 19 IL, subject to the n Approved Denied wo_� thisday of 19with the following amendment: Cler P/I Form No. 18 (over please) CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with fi in gthe application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (B612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted). 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Inspection Department. P/I Form No. 19 Planning Commission Information Sheet Application No. 91006 Applicant: Sunlite Properties Location: 1601 67th Avenue North Request: Variance The applicant requests approval of a variance to allow a 15' buffer strip between its parking lot and the Berean Evangelical Free Church property to the east. There is presently a 50' buffer which was allowed by variance in 1977 from the ordinance requirement of 1001. The property in question is an industrial/office building that is zoned I-1 and is bounded on the north by the Spec. 7 industrial building (TCR et al), on the east by the Berean Evangelical Free Church, on the south by Hoffmann Engineering parking lot, and on the west by the Hoffmann Engineering parking to and the 67th Avenue North cul-de-sac. The church to the east is zoned R1. Under section 35-413 of the City's Zoning Ordinance, when an I-1 or I-2 use abuts an Rl, R2, or R3 use at a property line, a 100' landscaped buffer is required of the industrial property. In this case, a variance was granted in 1977 to allow a 50' buffer for both building and parking. The applicant wishes to add 7 parking stalls in the green area east of the existing parking lot on the north side of the site (see site plan, attached). Background The 1977 variance for this property (Application No. 77052) was based on six findings which are listed below: "l. The standards for variance listed in Section 35-240 are met, especially with respect to uniqueness and hardship. 2. The direct abutment of the I-1 zoned site to the R1 property is unique in the I-1 district. 3. The ordinance buffering standard, where I-1 sites directly abut R1 property can be reduced in this instance due to the proposed I-1 site layout and the special use institutional character of the R1 property. 4. Screen fencing of the parking lot only is within the intent of the ordinance buffering requirements due to the location of the church parking facilities and due to the orientation of the I-1 development to the west. 5. The variances and circumstances are similar to those considered and approved under Application No. 74044. 6. No objection to the variance request was made by adjacent property owners or other parties." 4-11-91 1 Application No. 74044 was a request for site and building plan approval for the Spec. 7 industrial building to the north of this site which comprehended a buffer variance from the church property which, at that time, extended westward, including the property presently occupied by this industrial building. In 1977, approximately the west half of the church property was rezoned from R1 to I-1 and the industrial building at 1601 67th Avenue North was subsequently approved. Application No. 74044 comprehended a buffer variance along the south side of the Spec. 7 property adjacent to what was then the R1 church property. The variance acknowledged a greenstrip which would vary from 59' to 2211 thus a maximum variance of 78' from the required 100' buffer. The bases for the variance were enumerated as follows: "1. Due to the particular physical surroundings of the specific parcel of land involved a hardship would be realized if the strict letter of the buffer requirements were carried out. 2. The conditions of the application are unique in the specific parcel and are not common generally, to other property in the I-1 district. 3. The alleged hardship is related to ordinance requirements, the established R1 parcel, so zoned because of an existing special use, and to the dedicated, but undeveloped street right-of-way. 4. The proposed variance is not deemed to be detrimental to the public welfare or injurious to neighboring properties. 5. The spirit and intent of the ordinance is retained in conjunction with the site and building plan approval considerations for appropriate screening." A key consideration in both variances appears to have been the institutional nature of the adjacent R1 use and the fact that it, too, has a parking lot located west of the church building. The church was built in 1961, about the same time as the older apartments to the north. This was before the City adopted its first Comprehensive Plan and before the Industrial Park was planned, zoned, and developed. The R1 zoning of the church property probably existed from the City's first Zoning Ordinance and was left in place, because of the church use, after surrounding property was zoned industrial and multi -family. Variance Standards The applicant's representative, Mr. Janis Blumentals, has submitted a letter (attached) in which he addresses the Standards for Variance contained in Section 35-240 (also attached). A recitation 4-11-91 2 of those standards and Mr. Blumentals' arguments and staff comments follow below: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. Applicant: "Because this particular parcel of land is located next to a church property, the setbacks for the parking is different than all the other adjacent industrial properties. The question of zoning of the church property is reviewed under Qualification B. "The existing industrial building on this property was built in 1978/79 as a multi -use, multi -tenant building. Office uses were located in the northeast corner of the building with one door to the north and the other door to the east (For reference: The church is east of this building). Industrial uses are located in the balance of the building with entrances and loading away from the church property. "Office uses (approximately 5,000 sq. ft.) were planned to be multi -tenant spaces for several small office tenants. Due to market changes there is not the demand for such spaces and the owner has the possibility to lease out the space only to two larger tenants where each tenant would have their own private entrances. "The tenant that would use the east entrance requires parking near this entrance. The new seven parking spaces would provide the necessary parking instead of using existing spaces that are over 100 feet away and would have a conflict with the parking for the other tenant." Staff: We regard the impediment to more convenient parking to be an inconvenience and not a hardship as that term is used in the Zoning Ordinance. If there is an uncontrollable factor affecting the use of the applicant's property, it is the zoning of the property to the east containing the church and the parsonage. The R1 zoning of the church property imposes burdens on this site which other industrial properties in this area do not face since they abut R5 property. Perhaps the protection afforded by the buffer is not as critical in this case, given the institutional nature of the adjacent R1 use. However, the 50' buffer was apparently deemed to be an acceptable compromise when the building was built and the circumstances which have changed since then do not seem to meet the definition of a "hardship." (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the 4-11-91 3 variance is sought, and are not common, generally, to other property within the same zoning classification. Applicant: "This particular parcel of land is located in the industrial area (I-1 zone) that is adjacent to multi -residential area (R5 zone). Directly east of this property is Berean Evangelical Free Church. The church property is zoned R1. Typically, all churches are zoned R1 so that they can be located in the neighborhoods of one family residences. In this location that is not true: if the church would not be there, this church property would be zoned R5 just like the adjacent properties are. The variance applied for complies with setbacks for the R5 zone." Staff: This property is unique in the I-1 zone in abutting an R1 parcel directly. The Palmer Lake Plaza site provided the required 50' buffer along Shingle Creek Parkway when it was developed across the street from what was, at the time, R3 zoned property. It seems useless, however, to excuse a property owner from an ordinance requirement in the one case where it applies. The City might as well change its ordinance. Perhaps it is more a matter of the church being unique in being located in an area surrounded by multi -family dwellings and industrial buildings rather than, as the applicant states, in a single-family neighborhood. (It should be noted that, under the Zoning Ordinance, churches are to be located such that they have primary access off collector or arterial streets.) Another way of allowing a lesser buffer in this case would be to rezone the church property to R5 (churches are now a special use in the R5 zone) . However, this would make the existing parsonage a nonconforming use and would also open up the possibility of future multi -family development on the church property. The abundance of apartments in this area lessens the need for more. A church is a somewhat unique use in the R1 zone and there may be some justification in considering a lesser buffer adjacent to a church. However, as we have noted above, the buffer question was considered in 1977 and the present 50' buffer was approved by variance. The changes which have taken place since then are minor and do not make this situation any more unique than it was then. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. Applicant: "To no fault by anybody the adjacent church property is spot zoned: R1 property located in the R5 zone that is adjacent to industrial area. See Qualification B." Staff: The applicant alleges that the church property is "spot zoned." We would point out that there is R1 property across the street (Brooklyn Center Jr. -Sr. High School) and that the R1 4-11-91 4 zoning, while somewhat isolated, is consistent with the City 's original and updated Comprehensive Plan. Rezoning the church property is always an option, but that should be pursued by the church. There is also the possibility that the church could sell additional land to Sunlite Properties to become part of the industrial site and maintain a minimum of a 50' buffer. This would involve a replat and a rezoning. We have suggested this option to the applicant's representative, but they have pursued the variance instead. Perhaps the church is not interested in selling any land; or perhaps the applicant simply regards this option as too expensive. The current situation has been brought about by the previous owner of the industrial site (the church) who pursued a rezoning of the property to I-1 and by the present owner and by the City which agreed to a 50' buffer in 1977. If the isolated R1 zoning creates a hardship, that zoning should perhaps be reviewed in consultation with the church. The zoning of the church property and that of surrounding land have been established by the City. The R1 zoning, in all likelihood, existed prior to the adjacent industrial and multi -family zones and is simply a leftover zoning that is consistent with the current use of the property and with the Comprehensive Plan. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. "Applicant: "The variance will not be detrimental to the public welfare in any way because it would provide the same setbacks as for all other adjacent industrial properties and would not provide any precedent for any other property that is located next to a church because this is a very unique case. "The variance will not be detrimental to the Berean Evangelical Free Church because: "1. The new seven parking spaces by layout will be limited to car parking only (no trucks) and further will be limited to the office hours. 2. The new seven parking spaces will be screened as per Zoning Ordinance and the visibility of the cars will be considerably less than the truck parking on the property to the south. 3. The new seven parking spaces are not required parking, but are additional parking above the required parking." 4-11-91 5 Staff: Mr. David Roop, Trustee Board Chairman of the Berean Evangelical Free Church, has submitted a letter (attached) informing Mr. Jerry Steffens of Sunlite Properties that the Trustee Board of the church has given its consent to the expanded parking area as long as the area is screened by an opaque fence. The absence of any truck traffic is certainly a point in favor of any action approving the expanded parking area. In substance, the parking lot should cause no noticeable harm to the church since it has a parking lot on its own property. Parking lots are generally separated by at least 10' of green area. That would be exceeded here. It should also be pointed out, however, that there is also a parsonage dwelling on the church property. Adjacent to single- family development, the minimum buffer for office (Cl) uses is 15' , for retail (C2) uses is 351, and for industrial (I-1 and I-2) uses is 1001. Opaque fencing is required in all cases. The parking spaces proposed would service an office tenant in an industrial building on land zoned I-1. Conclusion Although there are some practical arguments for the requested variance, it appears to us that not all the standards for a variance are met in this case. A more appropriate resolution of this issue would probably involve some rezoning of land -- either the church site as a whole to R5 or a portion of the church site to I-1 to be transferred by platting to the Sunlite Properties site. If the Commission wishes, following a public hearing and discussion of the matter, the application could be tabled and a resolution brought back outlining the Commission's reasoning either for or against the variance. Submitted by, Gvcnl� Gary Shallcross Planner Approved by, eoo�?---Z a tij Ronald A. Warren Director of Planning and Inspection 4-11-91 6 Planning Commission Information Sheet Application No. 91006 Applicant: Sunlite Properties Location: 1601 67th Avenue North Request: variance The applicant requests a variance from Section 35-413.1a of the Zoning Ordinance to allow a buffer strip of 15' between the parking lot at 1601 67th Avenue North (an industrial site) and the site of the Berean Evangelical Free Church at 6625 Humboldt Avenue North. The Zoning Ordinance requires a 100' buffer, but a 50' buffer was approved by variance in 1977. The industrial site is zoned I-1 and is bounded by 67th Avenue North and the Spec. 7 Industrial Building on the north, by the Berean Evangelical Free Church on the east, and by Hoffmann Engineering on the south and west. This application was considered by the Commission at its April 11, 1991 regular meeting and was tabled with direction to the applicant and staff to pursue options other than a variance (See copies of the April 11, 1991 minutes and Planning Commission Information Sheet attached). Staff met with the applicant and his architect in late April and discussed the option of Sunlite Properties purchasing more land from the church and possibly pursuing a building addition as well as expanded parking. We also discussed the possibility of an ordinance amendment pertaining to buffers adjacent to institutional uses. The applicant approached the church about the possibility of acquiring more land in early May. The church board met May 9 to consider the possibility and indicated it would be interested in selling land if it would not adversely affect a possible expansion of the church. Before this question could be addressed, Mr. Steffens of Sunlite Properties approached his industrial tenants and learned from them that there was no desire for additional space. Given that fact, Mr. Steffens decided he was not interested in purchasing any additional land from the church. We are, therefore, left at this point with the option of pursuing the variance or possibly an ordinance amendment pertaining to buffers where industrial uses abut institutional uses. A draft ordinance amendment is attached for the Commission's consideration which would allow for a 15' wide buffer where an I-1 or I-2 use abuts an institutional use. Institutional uses are considered comparable to C1 service/office uses in their land use impacts and in their treatment with respect to off -site accessory parking. No buffer is required where I-1 or I-2 abuts C1. 5-30-91 1 Application No. 91006 continued We do not recommend approval of the variance application for the reasons outlined in the previous staff report. We do not believe that the lack of convenient parking is a true hardship as that term is used in the Zoning Ordinance. The circumstances have been created by persons presently or formerly having an interest in the property in question. For these reasons, we conclude that the variance request does not meet all the standards for a variance and we, therefore, recommend denial of the application. We would, however, recommend that the attached ordinance amendment at least be considered as a means of resolving the issue. Submitted by, Gary Shallcross Planner roved by, • poopjig Ronald A. Warren Director of Planning and Inspection 5-30-91 2 5 c000 Dy�n. r.R5 cz z CIE Cv o! CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 81h day of July, 1991 at 7:15 P.M. at the City -Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the required buf- fer when an industrial use abuts an institu- tionaluse. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coor- dinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO ALLOW A LESSER BUFFER WHERE AN INDUSTRI- AL USE ABUTS AN INSTITUTIONAL USE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center Is hereby amended in the following manner: Section 35-e13. SPECIAL REQUIREMENTS IN 1-1 AND 1-2 DISTRICTS. 1. Buffer and Setback Where a proposed 1.1 or 1-2 development abuts any residentiat district (RI through R7) either at a property line or a public street line, buffer provisions shall be established according to the following: a. Where 1.1 or 1-2 development abuts R1, R2, R3 at a property line, the protective strip shall be no less than 100 feet in width. The protective strip shall not be used for park- Ing, driveway, off-street loading or storage and shall be landscaped. Parking may be permitted in the buffer strip where an 1-1 or 1-2 use abuts an institutional use provided it does not extend to within 15 feet of the prop- erty line. The landscaped treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right-of-way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the Industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. b. Where 1-1 or 1-2 abuts RI, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off- street loading, storage, or any other indus- trial activity, and shall be landscaped. Parking may be permitted in the buffer strip where an 1-1 or 1.2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be ap- proved by the City Council. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. - Adoptedthls day of Todd Paulson, Mayor - ATTEST: Deputy Clerk Dateof Publication Effective Date (Brackets [I indicate matter to be deleted, boldface indicates new matter.) (Published in the PostNews June 19, 1"1). POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Gregory Ptacin being duly sworn, on oath sa s that he is the publisher or authorized agent and employee of the publisher of the newspaper known as the Po stRews and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ord. No. amend. Chapt. 35 — lesser buffet which is attached was cut from the columns of said newspaper, and was printed and published once a week, for 1 successive weeks; it was first publishedon Wednesday the 19t_aayof June 1991 and was thereafter printed and published on every to and including the day of 19 and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- ing the size and kind of type used in the composition and publication of the notice: Acknowledged before me on 20th June this day of Notary Public VOT Y BF ODA t' -- 1 NOTi.i{ `rr :LI-6VNNESOTA HFNR=�;;; CCUNTY ,. "• MY C00.1ML)SION [);PIRGs 9-27-96 abcdefghijklmnopgrstuvwxyz /• Y� B Y : Gen al gnager TITLE: 19 91 RATE INFORMATION 1.70 (1) Lowest classified rate paid by commercial users for com- S parable space. (Line) (2) Maximum rate allowed by law for the above matter. $ (Line) (3) Rate actually charged for the above matter. $ .62 (Line) CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 10, 1991 at approximately 7:05 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. TYPE OF REQUEST: Variance PETITIONER: Sunlite Properties PROPERTY NAMED IN THE PETITION: 1601 67th Avenue North Legal Description: Lot 2, Block 1, Berean Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Variance request to allow a 15' buffer strip between its parking lot at 1601 67th Avenue North and the Berean Evangelical Free Church property to the east. The application was reviewed on May 30 by the Planning Commission; denial of the variance and approval of an ordinance amendment was recommended. Respectfully, Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 561-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, May 30, 1991 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. TYPE OF REQUEST: Variance PETITIONER: Sunlite Properties PROPERTY NAMED IN THE PETITION: 1601 67th Avenue North Legal Description: Tract F, R.L.S. 1482 BRIEF STATEMENT OF CONTENTS OF PETITION: Variance from Section 35-413 (Zoning Ordinance) buffer requirements in order to add seven more parking stalls. Respectfully, Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, April 11, 1991 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. TYPE OF REQUEST: Variance PETITIONER: Sunlite Properties PROPERTY NAMED IN THE PETITION: 1601 67th Avenue North Legal Description: Lot 2, Block 1, Berean Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Variance from Section 35-413 buffer requirements in order to add seven more parking stalls. Respectfull y, Ronald A. Warren Planning Commission Secretary