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10-05-2010 Regular Meeting City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 1 The meeting of the Planning & Zoning Commission was called to order Tuesday October 5, 2010 at 7:00 p.m. by Chairwoman Cuqui Whitehead. Other members present were Robert Boyatt, Bernadette Dubuss, Nick Jones, Judy Proli, and Raymond Loyko. Also in attendance were Jim Hitt, Planning Director, Barbara Hollerand, City Planner, Dan Mantzaris., City Attorney, and Rae Chidlow, Administrative Assistant. MINUTES of the Planning and Zoning Commission meeting held August 3, 2010 were approved as written. REPORTS Commissioner Proli stated that the month of October is Breast Cancer Awareness Month and the Clermont Fire Department Fire Station #3 is selling pink t -shirts that will benefit breast cancer research. She stated that they are not in yet but will be soon.. Commissioner Jones stated that Friday, November 5, 2010, Florida Lakes Symphony Orchestra will be performing at Real Life Church. Commissioner Whitehead stated that this is also Hispanic Heritage Month and on Saturday, Troy's Cuban Deli will be having a Pig Roast and has invited everyone to come. She stated that the new hook on the history of Clermont will be available :at the Cooper Memorial Library on October 21, 2010. Planning Director Jim Hitt stated that the Statistics page on the City's website has been updated. 1. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: Small Scale Comp Plan Amendment Ord. No. 2010 -19 -M PROJECT NAME: Bentley Commons OWNER: Bentley Commons - Clermont, LLC APPLICANT: Aspen Senior Living, LLC PARCEL SIZE: 9.06 acres +/- LOCATION: 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. EXISTING LAND USE: Vacant EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County Community Facilities:District City Planner Barbara Hollerand stated that this item is a request for the Bentley Commons property. She stated that the vacant 9.06 -acre property is located at 13450 Paloma Road, south of Hooks Street, east of Citrus Tower Boulevard, west of Excalibur Road. - • City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 2 Ms. Hollerand stated that the owner is Bentley Commons - Clermont, LLC. She stated that the applicant is Aspen Senior Living, LLC, represented by attorney Tyler Van Voorhees of Reed & Archer. Ms. Hollerand stated that the property will be considered :for annexation by the City Council October 26. • Ms. Hollerand stated that the request is for a small -scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Residential /Office in the City. She stated that the property currently has Community Facilities District zoning in Lake County. Ms. Hollerand stated that to the east of the subject property is the 17 -acre Bosserman property, which was annexed in February and granted the identical future land use change from Lake County Urban to Residential /Office in the City. Ms. Hollerand stated that to the south of the property is East Ridge Middle School. Ms. Hollerand stated that to its west are two vacant properties in Lake County with Urban future land use and R -6 Residential zoning. She stated that to the north of the property is a vacant parcel in the county with Agricultural Residential zoning and Urban future land use. Ms. Hollerand stated that although development plans are not finalized at this time, the owner previously has presented plans for Joint Planning Area review that proposed an assisted living facility on the property. She stated that at this time, however, a request for rezoning has not been made. She stated that upon annexation, the property will receive the default zoning of Urban Estate. Ms. Hollerand stated that the City Council in July approved the identical future land use change for the adjacent Bosserman property to the east. She stated that upon annexation, it is appropriate to assign this property a Residential /Office future land use in the City. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Tyler Van Voorhees, 779 W. Montrose Street, was present to answer any questions. Dr. Kristen Kalwara, 16709 Rockwell Heights Lane, asked when they plan to build the facility. Mr. Van Voorhees stated that the owner intends on breaking ground within the next year on a senior assisted living facility, multi- dwelling unit once annexation and zoning. Commissioner Jones named to recommend approval for request of the small scale comprehensive plan amendment; seconded by Commissioner Troll. The vote was Unaninnws to recommend approval to City Council. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 3 2. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT • REQUEST: Small Scale Comp Plan Amendment — Ord. No. 2010 -21 -M PROJECT NAME: Hassan OWNER / APPLICANT: Tapir Hassan PARCEL SIZE: 1.43 acres +/- LOCATION: 13145 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road EXISTING LAND USE: Single - family home EXISTING FUTURE LAND USE: Lake County Urban' EXISTING ZONING: Lake County R -6 Urban Residential (becomes Urban Estate upon annexation) City Planner Barbara Hollerand stated that this item is a request for a small -scale comprehensive plan amendment for the Hassan property. She stated that the 1.43 -acre property includes a 2,022- square -foot home built in 1992. She stated that the property is located at 13145 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road/Steves Road. Ms. Hollerand stated that the owner /applicant is Tahir Hassan. She stated that the property will be considered for annexation by the City Council October 26. Ms. Hollerand stated that the request is for a small -scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Commercial in the City. She stated that the property currently has R -6 Urban Residential zoning in Lake County. Ms. Hollerand stated that this general area has been the subject of several recent and pending requests for annexation and future land use changes during the past six months. She stated that the Geer and Basdeo property to the south was annexed in' August and granted the same future land use change from Lake County Urban to Commercial in the City. She stated that the Deper property to the east was annexed in May and also granted Commercial future land use in the City. She stated that the Legge property to the north is the subject of a pending annexation request and request for Commercial future land use in the City. Ms. Hollerand stated that the subject property and the Legge property to the north are currently zoned R -6 Urban Residential. She stated that to the west is a stormwater retention pond adjacent to Tuscany Ridge, part of the Lost Lake Reserve Planned Unit Development. Ms. Hollerand stated that a traffic signal is planned for the Citrus Tower Boulevard / Excalihur Road intersection. • Ms. Hollerand stated that redevelopment plans for the property have not been made, and there is no request for rezoning at this time. She stated that upon annexation, the property will receive the default zoning of Urban Estate. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 4 • Ms. Hollerand stated that the City Council in May and August approved identical future land use changes for the properties to the east and south. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Teresa Hassan, 13145 Paloma Road, was present to answer any questions on behalf of her husband Tahir Hassan. Commissioner Jones moved to recommend approval for request of the small scale comprehensive plan amendment; .seconded by Conmrissioner Duhuss. The vote was 5 -1 to recommend approval to City Council, with Commissioner Boyatt opposing 3. REQUEST FOR SMALL SCALE COMP PLAN AMENDMENT REQUEST: Small Scale Comp Plan Amendment Ord. No. 2010 -23 -M PROJECT NAME: Legge OWNER / APPLICANT: Judith Legge PARCEL SIZE: 0.93 acres +/- LOCATION: 13211 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road /Steves Road EXISTING LAND USE: Single - family home EXISTING FUTURE LAND USE: Lake County Urban EXISTING ZONING: Lake County R -6 Urban Residential (becomes Urban Estate upon annexation) City Planner Barbara Hollerand stated that this item is a request for a small -scale comprehensive plan amendment for the Legge property, the property to the north of the Hassan property. She stated that the 0.93 -acre property includes a 1,980 - square -foot home built in 1991. She stated that the property is located at 13211 Paloma Road, near the northeast corner of Citrus Tower Boulevard and Excalibur Road /Stever Road. Ms. Hollerand stated that the owner /applicant is Judith Foss Legge. She stated that the property will be considered for annexation by the City Council October 26. Ms. I- Iollerand stated that the request is for a small -scale comprehensive plan amendment to change the Future Land Use from Lake County Urban to Commercial in the City. She stated that the property currently has R -6 Urban Residential zoning in Lake County. Ms. Hollerand stated that this general area has been the subject of several recent and pending requests for annexation and future land use changes during the past six months. She stated that the Geer and Basdeo property on the northeast corner of Citrus Tower Boulevard and Excalibur City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 5 • Road /Steves Road was annexed in August and granted the same future land use change from Lake County Urban to Commercial in the City. She stated that the Deper property to the east was annexed in May and also granted Commercial future land use in the City. She stated that the Hassan property to the south is the subject of a pending annexation request and request for Commercial future land use in the City. Ms. Hollerand stated that the subject property and the Hassan property to its south currently are zoned R -6 Urban Residential. She stated that to the west of the subject property is a stormwater retention pond adjacent to Tuscany Ridge, a part of the Lost Lake Reserve Planned Unit Development. Ms. Hollerand stated that a traffic signal is planned for the Citrus Tower Boulevard /Excalibur Road intersection. Ms. Hollerand stated that redevelopment plans for the property have not been made, and there is no request for rezoning at this time. She stated that upon annexation, the property will receive the default zoning of Urban Estate. Ms. Hollerand stated that the City Council in May and August approved identical future land use changes for two neighboring properties to the east and south. Ms. Hollerand stated that staff recommends approval of the Future Land Use Map change. Judith Legge, 13211 Paloma Road, was present to answer any questions. - Commissioner Jones moved to recommend approval for request of the small scale comprehensive plan amendment; seconded by Commissioner Proli. The vote was 5 -1 to recommend approval to City Council with Commissioner Boyatt opposing. 4. REQUEST FOR CONDITIONAL USE PERMIT DEVELOPMENT NAME: Woodwinds Condos OWNER/APPLICANT: Charles Sharkus, Jr. REQUESTED ACTION: A Conditional Use Permit for a Planned Unit Development for a proposed 108 unit condominium development SIZE OF PARCEL: 10 acres GENERAL LOCATION: East side of Grand Hwy. '/a mile south of Citrus Tower Blvd. EXISTING ZONING: R -3, Residential/ Professional District EXISTING LAND USE: Vacant FUTURE LAND USE: High Density Residential (up to 12 du /ac) City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 6 Planning Director Jim Hitt stated that the request is to allow a multi - family residential Planned Unit Development at a density of 10.8 units /acre. He stated that the applicant is proposing to build up to 108 upscale multi -story condos, including some with basement garages. Mr. Hitt stated that this same Conditional Use Permit request was previously approved on August 22, 2006 (Res. No. 1475) and on September 23, 2008 (Res. No. 1592). He stated that because of market conditions, the developer did not start construction within the required two years and each CUP was rendered void. He stated that the owner wishes to retain the development rights associated with approval of the CUP and variances. Mr. Hitt stated that by establishing a Planned Unit Development within the High Density Residential future land use district, the developer is able to request a maximum density of 12 units per acre. He stated that with the heavily sloped parcel the applicant is proposing to construct 9 residential buildings yielding a 10.8 unit /acre maximum density. He stated that the proposed buildings will be terraced to cope with the topography of the parcel. Mr. Hitt stated that there are two variances associated with the proposed project. 1) Parking stall size (9' X 18' within garage area under each building) 2) Building height to exceed 45 feet. Mr. Hitt stated that because of the density provided by the Future Land Use, and the proximity of the surrounding neighborhoods to the south (North Ridge) and the east (the Gardens at Citrus Tower Apartments), staff recommends approval of the conditional use permit. Charles Sharkus, 541 S.W. Timber Trail, Stuart, was present to answer any questions. Commissioner Jones asked if this will be an age restricted complex. Mr. Sharkus stated that a small portion of the facility might be age restricted. Commissioner Bovalt moved lo reconunend approval, for request of the conditional use permit: seconded by Commissioner Duhuss. The vote was unanimous to recommend for approval to City Council. 5. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: Lost Lake Reserve OWNER/APPLICANT: Lost Lake Reserve LC (Michael Dady) REQUESTED ACTION: Request for an amendment to a Conditional Use Permit (CUP Res. No. 2010 -1) to correct the stated acreage of Parcel C1 from 20.77 acres to 14.73 acres. LOCATION: Southwest of Citrus Tower Blvd. and Steve's Road (for affected location) • City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 7 SIZE OF PROJECT: 423.54 acres +1- EXISTING ZONING: PUD (Planned Unit Development) EXISTING LAND USE: Vacant (for affected location) FUTURE LAND USE DESIGNATION: Master Planned Development Planning Director Jim Hitt stated that the applicant is requesting an amendment to the Conditional Use Permit (Resolution No. 2010 -1) to correct the stated acreage of Parcel CI from 20.77 acres to 14.73 acres. He stated that there are no land use changes being requested. Mr. Hitt stated that Parcel C was split into two parcels, and the resulting parcel Cl was listed as 20.77 acres instead of 14.73 acres. He stated that this was a mistake by their consultant and needs to he corrected within the CUP officially to correct the acreages within the CUP. Parcel Cl: 14.73 acres (to be donated to the Real Life Church) Parcel C2: 16.41 acres (192 units for apartments at 12 du /ac) Total: 31.13 acres Mr. Hitt stated that this is a minor change to the DRI/NOPC (Development of Regional Impact/Notice of Proposed Change). Mr. Hitt stated that staff recommends approval of this request for a CUP amendment to correct the acreages in the CUP. Michael Dady, 3434 Colwell Ave., Tampa, stated there will be no changes to the land use and the site plan remains the same from what they approved with the previous Conditional Use Permit. Commissioner Jones moved to recommend approval for request of the conditional use permit; seconded by Commissioner Dubuss. The vote was 5 -1 to recommend /or approval to City Council, with Commissioner Loyko opposing. 6. REQUEST FOR CONDITIONAL USE PERMIT PROJECT NAME: Thrill Tech Studios, Inc. OWNER: Sheri Young — Dream Music, Inc. APPLICANT: Deon Young REQUESTED ACTION: Request for a CUP to allow a multi -media sound recording and mixing studio with offices in an R -3 -A Residential /Professional Di strict LOCATION: 180 Highland Ave. EXISTING ZONING: R -3 -A, Residential /Professional District EXISTING LAND USE: Vacant building City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 8 FUTURE LAND USE: Office Planning Director Jim Hitt stated that the applicant is requesting a Conditional Use Permit (CUP) to allow a multi -media sound recording and mixing studio with offices in an R -3 -A Residential /Professional District. He stated that office uses and similar uses are designated as requiring a CUP within the R -3 -A district. Mr. Hitt stated that the applicant is proposing to utilize 1,726 square feet for this use which requires a high level of sound proofing because of the sound sensitive requirements of studio recording. He stated that no residential uses are adjacent to the site. Mr. Hitt stated that there is one variance, requesting that for three of the required parking spaces be grass. Mr. Hitt stated that staff believes this area is suitable for this type of use and recommends approval of the request for a CUP to allow a multi -media sound recording and mixing studio with offices. Mr. Hitt stated that the property owner to the east at 200 E. Highland Ave. did call with an objection, stating he does not want the sound to disturb his patients. Mr. Hitt stated that this is a sound sensitive studio and they are concerned with sound leaking out as well as leaking into the building. He stated that there will be a condition in the conditional use permit pertaining to noise. Deon Young, 1378 Legendary Blvd.. was present to answer any questions. Commissioner Boyatt stated that he feels there is not adequate parking. Mr. I -Iitt stated that with the grass parking, it would bring the building to code for parking. Commissioner Jones asked what the mitigations are for sound proofing. Mr. Young stated that they are planning on putting sand in the walls and using rubber matting. He stated that he feels with the sound proofing steps they are taking it will not be a problem. Mr. Hitt stated that the Building Official would be looking at any materials that will be used and would make sure everything is done according to code. With the noise condition added to the conditional use permit, that would allow the City to bring the applicant back before Council if there are any issues. Commissioner Proli asked what type of music and what is it for. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 9 Mr. Young stated that they will be recording for bands and for Nashville. He stated he is in connection with Justin Peters. He stated that he has a Christian development which is the part that he is connected with. He stated that they will be working with churches. Commissioner Proli asked how he will sound proof the windows. Mr. Young stated that the areas where the windows are will not be where the sound booth will be. He stated there is a green glue you can put in the sealant that is made for sound proofing windows. He stated that they can put sound proof padding in the windows when they record and remove them when they aren't recording. Dwayne Booth, with BESH, stated that he is helping Mr. Young with the site plan process. He stated that the sound booth will be a dead room so there will be no vibration or sound coming out, unlike a live room where sound is bouncing around. Commissioner Jones moved to recommend approval for request of the conditional use permit including the comment about the noise language: seconded by Commissioner Proli The vole was unanimous to recommend for approval to City Council. 7. REQUEST FOR CONDITIONAL USE PERMIT PROJECT: T. D. Weaponry Gun Range REQUESTED ACTION: Request for a Conditional Use Permit (CUP) to allow a Gun Range within the C -2 General Commercial District. APPLICANT /OWNER: David Heck LOCATION: West of Highway 27, south of Twistee Treat and North of Desoto St. EXISTING ZONING: C -2, General Commercial EXISTING LAND USE: Vacant Land FUTURE LAND USE: Commercial Planning Director Jim Hitt stated that the applicant is requesting a CUP for an indoor gun range in the C -2 General Commercial zoning district. He stated that the gun range consists of 12 shooting stations and will also have a retail gun store. He stated that the gun range is not listed in the LDC as a permitted use and therefore would require a CUP. He stated that the gun store is considered retail and would not require a CUP. He stated that the overall square footage will be approximately 7,000 square feet. Mr. Hitt stated that staff is concerned about the location of this use and the residential uses to the west. He stated that the site is also less than 140 feet (catty - corner) to McKinney Park to the southwest, and about 800 feet from Clermont Elementary School. • City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 10 Mr. Hitt stated that the proposed gun range will be built into the slope of the existing grade. He stated that this will assist in two ways: Any noise will be dampened by the underground design; and it adds an additional safety margin for the range itself. He stated that despite the close proximity to residential uses, any range noise should be inaudible to the adjacent properties. Mr. Hitt stated that there is one variance for an exterior wall to exceed the six -foot height limit. Mr. Hitt stated that the applicant has worked with staff to address various site development issues and complete a site plan for the CUP. He stated that because of the proximity to residential land (west),•McKinney Park and Clermont Elementary School, staff recommends denial of this indoor gun range use, at this location. David Heck stated that this conditional use permit is not described adequately. He stated that he would like for the City Attorney to describe the parameters of the conditional use permit. He stated that last year the City Attorney stated that the conditional use permit is allowed unless there is substantial indication of harm to the community. City Attorney Dan Mantzaris read the code pertaining to conditional use permits to the Planning and Zoning Commission. Mr. Heck stated that the last 15 feet of the building is within the 25 foot setback and will be 4 feet underground. He stated that there will be no issues with safety with the building being underground. He stated that the property next to him is vacant property owned by the City and the property on the other side is also vacant. He stated that ingress and egress will be from Highway 27, so there will be no impact on the community. Rico Lugo, 2254 Sacramento Lane, Orlando, stated that he is the training instructor for TD Weaponry. He stated that anyone who will he shooting at the gun range will have to go through a safety course in order to use the gun range. He stated that everybody who is shooting will be supervised by a qualified instructor. He stated the blueprints show that there is no way a bullet can leave the building. He stated that they will be conducting the concealed weapons classes and safety classes. Dr. Denis Bourguignon, 16544 Lakeshore Dr., Minneola, stated that a lot of his friends, clients and colleagues are purchasing guns for self defense. He stated that if they need to use a gun and thcy haven't been trained how to use it, there could be a lot of damage to themselves and to the community. He stated that it is important to have a safe facility that provides safety for the whole community so that they can learn to use their guns. Teresa Hassan, 13145 Paloma Rd., asked how the community will be saved from the people who come in and purchase guns that don't train to use them. She stated that she is all for a gun range but not near a soccer field and the elementary school. City of Clermont • MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 11 Jason Moose, Groveland, stated that he is assistant general manager for ID Weaponry and has been there since 2006. He stated that there is already gun retail in and near residential areas in Clermont. He explained the process of purchasing firearms and the criteria required in order to be allowed to have a firearm. Ronald Wicks, Summit Greens, stated that he and his wife are concealed weapons holders. He stated that the closest gun range is in Apopka or Leesburg. He stated that they go out along with a group of friends once a week to practice. He stated that there are gun stores all over, and he feels that TD Weaponry is the soundest and safest facility in the area. He stated that he would like to see a facility in this area. Larry Knotts, 15840 -197 SR 50, stated that he has been shooting guns for 55 years. He stated that most people seeking concealed weapons are women. He stated that all local law enforcement have to go out of town currently to practice shooting. This will give them a range to go to in this area. Robert Click, 3028 Pinnacle Ct., stated that he and his wife are current gun owners and enjoy shooting. He stated that they travel to Altamonte Springs, Casselberry or Leesburg to enjoy this sport. He stated that the people who are going to use this range are going to be extremely safe would be very appreciative of the Board's support. Dr. Kristen Kalwara, 16709 Rockwell Heights Ln, stated that she is a concealed weapons holder. She stated that she has been trained by this institution. She stated that this is about education and safety. She stated that she has been threatened in her office. She stated that anyone can have a gun but education and personal safety are important. Shannon Brackens, 185 Harbor Cove Way, Clermont Yacht Club, stated that she is for the gun range. She stated that she has six children and her concern is not that a gun range is in the neighborhood but of crime in general. She stated she is a concealed weapons holder and was trained by this institution. She stated that when she went to the institution to purchase her weapon, it was not just handed to her and left to learn on her own. She stated that staff spent time with her showing her how to use the weapon. David Boone, 11841 Graces Way, stated that he is the Chapter President of a grass roots organization about conservation of land and animals and hunting organizations. He stated that they hold chapter meetings as well as banquets at Kings Ridge and Minneola City Hall which draw several hundred people who are into firearms and hunting. The banquet raises money for organizations like Women in the Outdoors, Jakes, and other state organizations. He stated that they work with the Green Swamp. He stated that he is speaking for them to support a facility to be allowed in Clermont. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 12 Bill Williamson, 10125 Tween Waters St., stated that he was trained by TD Weaponry seven years ago and obtained his concealed weapons permit. He stated that his wife was trained two months ago and has received her permit. He stated that he purchased a gun for his wife there two weeks ago and was trained how to use the gun. He said they continue to go back to practice with the gun. He stated that Rico Lugo trained his wife, and they are very safety conscious at this facility. He stated that he and his wife currently have to go to Leesburg and would like to see one in Clermont. Mr. Lugo explained the safety procedures that TD Weaponry follows to protect people. Commissioner Boyatt asked how many full time staff would be employed. Mr. Heck stated that there will be 5 full time employees and several part time employees. Commissioner Boyatt asked how many days the facility will be open. Mr. Heck stated that they will be open seven days a week. He stated that the hours will more than likely be 9 a.m. to 9 p.m. or 10 a.m. to 10 p.m. Commissioner Dubuss stated she is very impressed with what she has heard. She stated that she feels there is a need for a facility of this type. She stated that her only concern is the location. Commissioner Jones stated that he has a concealed weapons permit. He stated that he has designed similar facilities such as this and the requirements put on the owner to protect the safety of the community are very substantial. He stated that the lack of a range given the size of our community disenfranchises a lot of gun owners. He stated that if you look at the incredible increase in applications for concealed weapons especially for women it is amazing. I -le stated that he does not see any direct negative impact on anyone even with an elementary school right on the property line. He stated that he would like to see a strong recommendation for this applicant. Commissioner Boyatt pointed out that there was no one in the audience in opposition to this request. Commissioner Proli stated that she thinks it's a good idea to have the type of range they are proposing. She stated that the only concern she has is the gun store. She asked if there was any protection from break ins. Mr. Heck stated that they have one side entrance because of the cleaning equipment needed to maintain the range. He stated that the only way in and out of the building will be the front door. He stated on their current facility they have a 24' aluminum grate that comes down in front of the door when the business is closed. He stated that there will be a security system. City of Clermont MINUTES PLANNING AND ZONING COMMISSION October 5, 2010 Page 13 Commissioner Loyko stated that education is most important. He stated that most people stressed education whether for women or the use. He stated that the facility is going to fall in line with the code and is a desirable business to have in town. He stated the only problem is the school, but he does not see that as a sole reason to turn this application down with the school being 800 feet away. Mr. Heck stated that it is a federal law that you must be 18 years old or accompanied by an adult to access the facility. Commissioner Whitehead stated that she is the one who opposed this use last year, and she still is not convinced. She stated she has a problem with the area where they want to put the facility. Commissioner Boyatt moved 10 recommend approval for request of the conditional use permit; seconded by Commissioner Jones. The vote mas 5 -1 to recommend for approval to City Council There being no further business, the meeting was adjourned at 9:06 pm. /h Cuqui Whitehead, Chairwoman ATTEST: Rae Chidlow — Administrative Assistant