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07-07-2009 Regular MeetingCity of Clermont MINUTES PLANNING AND ZONING COMMISSION July 7, 2009 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday July 7, 2009 at 7:01 p.m. by Chairman David Pape. Other members present were Bill Banzhaf, Bernadette Dubuss, Nick Jones, Cuqui Whitehead and Judy Proli. Also in attendance were Barbara Hollerand, City Planner, Curt Henschel, City Planner, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held June 2, 2009 were approved as written. REPORTS There were no reports. 1. REQUEST FOR A LARGE SCALE COMP PLAN AMENDMENT City planner Barbara Hollerand stated that this first item is a transmittal of an administrative large-scale comprehensive plan amendment. She stated that Florida Statutes require cities to adopt a water supply facilities work plan. She said a draft of the plan was not complete in March when the rewrite of the comprehensive plan was transmitted for review. She stated that the City is transmitting the plan as a separate amendment along with a text change to the Potable Water Element that references the plan. Ms. Hollerand stated that at the request of the Florida Department of Community Affairs, the St. Johns River Water Management District has received an early draft of the plan prior to the formal review next month. She stated that late this afternoon, the city received a comments letter from St. Johns that included the following: • One of these was the need for the City to provide better linkages between both the data in the water supply plan and the data and policies in the City's recently adopted comprehensive plan and to correct some inconsistencies between the two plans. • In other comments, the District asked that the City ensure that the data in the water supply plan is consistent with data the City had submitted to the District as part of the City's modification to its consumptive use permit. ~ The District asked that the City provide more specifics on existing agreements that affect water supply planning-such as those with Lake Utilities and with the Lake County Water Alliance. • Finally, the District asked for additional data to demonstrate that the City can provide adequate water supply to meet water demand through 2020. Ms. Hollerand stated that staff will take the water management district's comments and incorporate them into the water supply plan prior to the City Council transmittal hearing on July 28. She stated that City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 7, 2009 Page 3 because of the close proximity to residential uses, any range noise should be inaudible from the adjacent properties. Mr. Henschel stated that there is one variance for an interior wall to exceed the six-foot height limit. Mr. Henschel stated that the applicant has worked very closely with staff to address concerns and complete a site plan for the CUP. He stated that because of the proximity to residential land to the west and to McKinney Park and Clermont Elementary School, the staff cannot recommend approval of this indoor gun range use, at this location. Brian Denham, 2670 Eagle Lake Dr., stated that the concerns about the residential, school and noise are not a concern in his opinion. He stated the staff report describes it as adjacent to residential, but it also mentions that the surrounding zoning districts are commercial. He stated that there is a vacant piece of property owned by the city behind the property that will be used for a road. He stated that there is another piece of property that has been abandoned. He stated there is no residential directly behind this project. He stated that there is another gun store planned for the Wetzel property which is also near a residential area. He stated the school proximity is about 800 feet away. He showed the Commission where other stores that sell guns are, which is about the same proximity to schools as this location will be. He stated that the city has asked for them to extend Desoto Street to Highway 27, and the owner is agreeable to that if it means getting approval for this project. He stated that by extending the road it will open it up for more traffic going to the school. He stated that the gun range will be underground due to the hills; there will be thick walls and other sound attenuation devices so the guns will not be heard. David Heck, 16139 S.R. 50, he stated that he feels the concern is safety. He stated that they are designing this range with 12 lanes for rifle rated. He stated that the difference is in apistol-rated-only building you have baffles because you are firing from a fixed position down range and those baffles will prohibit any bullets from hitting the ceiling. He stated there will be a ballistic steel curtain to keep any bullet from hitting the roof of the building. He stated the sides of the building will be constructed with block or concrete with 6000 psi to prevent any bullet from escaping from the sides. He stated that there are rubber back stops that will keep the bullet from hitting a solid object so the bullet will stay intact and there will be no articulation of the bullet. He stated that another safety factor is all the glass in the front of the building will be bullet proof. He stated that he is taking every step possible to make the range as safe as possible. Bob Thompson, 1958 Brantley Circle, stated that they will be building the building for Mr. Heck. He stated that if anyone was going to build a site that is safe it would be Mr. Heck. Commissioner Whitehead stated that she has issues with guns. She stated that selling guns is different than having a gun range. She feels this is not a good area for this type of facility. Commissioner Proli asked if he has applied for this type of use before in Clermont. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 7, 2009 Page 5 Mr. Heck stated that there are 12 lanes so up to 12 people at one time can shoot. He stated that you will not shoot in the range without going through a safety class first. He stated that you will have to have an annual pass in order to get into the gun range. He stated that he is not sold on rental guns. Commissioner Banzhaf stated that his concern is security of the parking lot. He stated that he would not like to see Desoto Street extended to keep less traffic from coming around that area. Commissioner Whitehead asked how the property will be accessed from Highway 27. Mr. Henschel stated that they can enter and exit directly onto Highway 27, and they will also be able to access the property as an entrance only through the Twistee Treat. Chairman Pape explained the experience he has had with the gun range he visits. He stated that he does not feel there will be safety issues with the amount of off duty police officers that will be visiting the range. Commissioner Jones moved to approve the request for the Conditional Use Permit, seconded by Commissioner Banzhaf. The vote was S-1 to recommend for approval to City Council with Commissioner Whitehead opposing. 3. REQUEST FOR A CONDITIONAL USE PERMIT OWNER: New Beginnings of Lake County, Inc. (purchasing July `09) APPLICANT: New Beginnings of Lake County, Inc.; Steve Smith REQUESTED ACTION: Request for a CUP to allow a Transition Home for single mothers in the CBD Zoning District. LOCATION: 915 W. Montrose St. (Mulberry Inn) EXISTING ZONING: CBD, Central Business District EXISTING LAND USE: Vacant retail/Office and Bed & Breakfast City planner Curt Henschel stated that the applicant intends to establish a transition home for single mothers at the site of the old Mulberry Inn. He stated that the site will consist of eight (8) living areas and one for a full time resident manager. He stated that there are three buildings on site that will be utilized for this new use. Mr. Henschel stated that the use is explained in the attached application. He stated that this is a 9-month structured faith based program that provides transitional housing for mothers with children (max. 3 children and max. 10 years old, per mother) who have lost their job and home, and need assistance to recover. He stated that other services will include food, clothes, professional counseling, case management, life & job training skills and job placement opportunities. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 7, 2009 Page 7 they earn money and spend money. He stated the women will probably spend money in the downtown area because most likely initially they will not have vehicles. Charlene Forth, 939 W. Desoto Street, stated that she does not have a problem with this project. She stated that after polling the neighborhood there were only two neighbors who had problems with the project because they did not want a shelter. She stated that she feels Mr. Smith has done a wonderful job with the men's shelter. She stated there are code issues on that property. She stated that her concern is that the staff report states that they can have up to 8 women and up to 3 children each. She stated that means there could be 8 women and 24 children staying at this location so now it is an intense use. She stated that when Ms. Lacek came before the Board and Council, one of the concerns was whether there was going to be any people staying overnight. She stated that they need to limit the amount of women and children that can stay. Karen Maxwell, 180 Orange Ave., asked how many bathrooms will be in this location. Mr. Radtke stated he does not have the exact number but does not believe there are 9 bathrooms in this facility. Ms. Maxwell asked where will the women be reacculamating from. Are they coming from drug rehab or prison. Mr. Radtke stated that this is not a drug rehab and they will not be coming from prison. He stated they have become homeless due to economic conditions. He stated they have a men's home which is successful. He stated they had 15 men of which 12 have gone back into the community and are working; the other 3 are still struggling and are out of the program. He stated that the numbers of 8 women with no more than 3 children are a maximum number. He stated that they have to go through a lengthy evaluation to get into the program. Paul Lacek, 160 Nautica Mile Drive, asked where 24 kids are going to play. Mr. Radtke stated that it is a good size property. He stated that mothers are responsible for their children. He stated that while there is not a lot of room, they are not running a day camp for the children. He stated that it is a structured program for the children as well as for the mothers. He stated there maybe little amount of playtime, and much more structure through a 9 month program. He stated it is not for playtime although they are children and they will play. Mr. Lacek asked if it is going to be one bedroom for a mother and up to 3 children Mr. Radtke stated that yes that is how it is going to be. City of Clermont MINUTES PLANNING AND ZONING COMMISSION July 7, 2009 Page 9 they have no money for childcare. He stated they are offering a hand up not a hand out. He stated that it is a 9 month program. Commissioner Proli asked if a playground area will be provided for the children. Mr. Radtke stated that he cannot answer exactly where the play area will be, but there are several parks close by for the children to play. Commissioner Whitehead stated that she works for property management and she has to turn people down every day for rental property. She stated these are not people on welfare on purpose, only because of economic times. She read the list provided stating that these women will be referred through churches, South Lake Hospital, Lake County Sheriff, Salvation Army and local case workers. She stated it states they will be drug tested. She asked if transportation will be provided for the women. Mr. Radtke stated that they will provide transportation. Commissioner Whitehead moved to approve the request for the Conditional Use Permit, seconded by Commissioner Dubuss. The vote was 4-1 to recommend for approval to City Council with Commissioner Proli opposing and Commissioner Banzhaf abstaining. There being no further business, the meeting was adjourned at 8:37 ATTEST: r-- Rae Chidlow -Administrative Assistant FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST N AME-FIRST NAMIE~-MIDDLE NAME t- i ~ W` NAME O ARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ~d" Z_ MAILING ADDRESS ``.... ~~., 9 ~~ ~ (N ~ VVw N~.~ ~~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHIC SERVE IS A UNIT OP CITY COUNTY '-'~"' ^COUNTY ^OTHERLOCALAGENCY G t_ r ~~) N '~' L jet tom" ~_ NAME OF POLITICAL SUBDIVISION: DATE O N WHICH VOTE OCCURRED ~ ~ O C.~ MY POSITION IS: ^ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). f t i e f • f f f 4 f f f f f f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITH-N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. f ~ f ~ f R R ! f f ! • R • R APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST w«~,~~ ~3~~z~A~ ~ Z l._~-~___~_ ___ _, hereby disclose that on V~ L ~ _ . 20 U~_ (a) A~measure came or will come before my agency which (check one) _ / inured to my special private gain or loss; ~__ inured to the special gain or loss of my business associate, , ___ inured to the special gain or loss of my relative, ___ inured to the special gain or loss of by whom 1 am retained; or ___ inured to the special gain or loss of .which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my inflicting interest in the measure is as follows: Date Filed Signature ~~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2