e e e e e e e e e yeah if you show on time for Tim he'll se you on the board take you seat right call the Planning and Zoning commission meeting to order it's 4:30 uh what's the date June 20th 2024 please stand for the uh invocation and Pledge of the [Music] flag dear Lord we ask that you be with us today as we undertake the business for the city of lebur we pray that the decisions we make here today will be pleasing in your sight pray this in the most holy name amen amen pledge of leaders to the flag of the United States America and to the repic for which it stands one nation under God indivisible with liy and for all thank you all thank you [Music] sir I always do this in a different order every time everybody have opportunity to read the minutes are there any additions Corrections or deletions if if not I'll accept the [Music] motion Mr chairman I move we accept the minuts as submitted second okay any um all faor say hi allst sorry about that guys I haven't woken up yet I got a little distracted over here I'll wait till you guys get ready thank you you're going to roll call that vot or not well that's what I thought about we oh yeah I had to give that a thought okay um you want to swear in the audience if anybody's going to speak today would you please stand so he can be sworn in if you're not sworn in you cannot speak today you don't have to speak but if you think you might please stand up can you can you change your mind later once you here you don't have yeah you don't have to stand up but I would no I would stand now if you think you might yeah cuz we're not going to do it over and over again let me wait till perfect do you SAR affirm the testimony you about to give is the truth the whole truth and nothing but the truth I do thank you guys all right Dan thank you Mr chairman I'd like to welcome everyone to the June 20 2024 Planning Commission meeting of the city of leeburg my name is Dan Miller director of planning uh with us today is executive assistant Sabrina Mitchell sitting here to my left deputy director candy Harper and planners Max man Allen and Melissa Mets uh City attorney Grant Watson is also present at today's meeting today's agenda and a speaker registry is available on the um table by the exit door if you'd like to speak on a case we do ask that you would sign in and just give that to Sabrina who's sitting here to my left so that we can call you at the right time um under the rules of participation the meeting will be conducted via the following process number one the chairman will announce the case and then staff will read exhibits including Maps photos and texts into the record and present this information on the two screens the staff will then read a recommendation into the record and the applicant will have an opportunity to speak about the request then the chairman will allow time for any public comment the chairman will close the case to the public and then a vote will be taken the Planning Commission is a board of citizens of the city of leeburg that are appointed by the city commission they are charged with two major responsibilities one is to make final decisions on cases such as variances and conditional uses we have one conditional use case on the agenda today and two is to make recommendations for issues that will be heard by the city commission there are seven items on today's agenda um due to various factors we had to we were asking to postpone four of those due to scheduling conflicts and some meetings some uh neighborhood meetings that we have asked the applicants to go through with so they will be scheduled for next month so just ask that you would call our office if you're concerned or have any issues with any of those and we can guide you on when those meetings will take place um there are tentative G dates on the agenda for any cases that are to be heard by the city commission um those dates are subject to be changed so we do ask that you would call our office uh if you're concerned about what those dates are going to be and finally on behalf of the Planning Commission city of leeburg and the planning staff we would like to thank you for your participation in today's public hearing process so Mr chairman at this time we are ready for you to announce the first case sir thank you very much under new business public hearing case number lscp 2439 Silver Springs large scale comprehensive planned Amendment uh they're asking it to postpone to July 18th do I have a motion to postpone um I'll make that motion thank you I have a second do we need a roll call that I don't think you need to roll call that one I didn't think so okay all in favor say I all opposed thank you public hearing case number two uh case number PUD 2440 Silver Springs planned unit development they have asked to postpone to the 18th as well do I have a motion to postpone on a roll my motion I have a second second all right we're on a rooll Mr chairman if I may um just to give you some background the applicant on those two cases uh that's a comp plan and a PUD um we asked them to have some neighborhood meetings the latest one I think was this past Tuesday or Wednesday night and the reason they're asking to postpone is so they could make some adjustments to their site plan based on those neighborhood meetings okay all in all in favor say I I all oppos okay number three is public hearing case PUD 24126 Shore Acres Landing plan unit development they've asked to postpone to next month as well the 18th do I have a motion to postpone I make that motion we both we both looked at her all right all in favor say I I all opposed okie dokie that one Mr chairman was the result of Staff asking for a neighborhood meeting because there was some uh considerable public response to that request through through the surrounding property owner letter so we asked them to go ahead and meet with the neighbors first before they came to Planning Commission I think it's a good idea appreciate idea all right number four public hearing case number SSP 24163 Penn Street habitat small scale comprehensive plan [Music] Amendment thank you Mr chairman um these next two cases are the Penn Street habitat case we have a small scale comp plan Amendment and a small plan unit development case following that um the overall proposal is to create a small new neighborhood to be constructed by Habitat for Humanity the neighborhood would consist of eight units on approximately 2.4 plus or minus Acres can I interrupt just a second yes sir I need to go ahead and uh introduce the other one too oh yes sir thank you we're going to do these two cases together because it's it's basically the same information so um number five is public hearing case number s PUD 24175 Penn Street habitat small plan unit development sorry okay thank you Mr chairman um again this is a small new neighborhood 2.4 Acres eight units uh requesting to be constructed uh on the general location is north of Hill Street and on the east side of Penn Street on the first case which is the smallscale comp plan they're requesting to change the future land use design from General commercial to low density we started to drop this case and then we thought no it would actually be better to utilize the um the change here and on the second case which is the one that's important to them um is a request to amend the current zoning from City of leeburg C3 which is Highway commercial over to Spud which is small plan unit development um Miss Max Van Allen planner with the office will present the maps photos exhibits at this time including the aerial zoning future land use surrounding land use wetlands and flood zones and CRA Maps thank you Mr Miller on the extended aerial on the screen you can see the subject property in the center is south of Griffin Road and then generally west of North 14th us27 the aerial map is a closer view of the subject property showing directly east of pens Street and North of Hill Street the current zoning is C3 Highway commercial the proposed zoning is Spud small planned unit development the current future land use is General commercial surrounded by General commercial and low density residential and the proposed future land use is low density residential surrounding land uses include commercial to the north east and south residential to the Northwest and South and nonprofit and office to the West there is no flood zone present on the property nor are there [Music] weapons this property is within the community redevelopment area of 27 and 441 one and is located within commission District 1 signs were posted for this property and project the top image is showing a closeup of the sign on the property from pen Street the bottom image is looking North along Penn Street the top image is looking East into the property across Penn Street and the bottom image is looking South along Penn Street and finally looking west across Penn Street that's all I have thank you Max moving into the departmental review summary the city uh the staff sent out this project to All City departments plus the Lake County government and School Board under the city responses the only response we received back was from Public Works excuse me they stated they do not want to take over the roads in the subdivision there is language in this PUD as there is in every PUD that addresses this situation in short an applicant has is permitted to request that the city take over the roads but is it is at the city commission's discretion to accept those roads or not um and then there's also maintenance and performance bonds that go along with the roads so um it's it's a city commission decision that comes a couple of years from now it's not something that this board can actually do but I want to bring up in case you saw that comment that uh the city has been accepting roads over the past couple of years and I don't know how this one will be any different but we did get that comment from public works and there's nothing we can do today uh it does come down to a city commission decision which will not happen for at least two years after the roads have been built based on the performance and maintenance bonds and and thank you um the roads do have to be built to City specifications that less of whether they're public or private even the private roads in the city have to be built to City specifications so there's no difference when you go from a city road to a private road um the school board did note that the project is subject to their concurrency review but they also noted that it's likely to be a a no impact project because it's only nine units um Lake County Public Works had no comments uh the under public responses per for the Florida Statutes and city of leeburg codes the project information surrounding property owner letters and advertisement sent out to all the property owners within the 200 ft legally advertised posted we did receive one response saying that they felt that eight homes was too many for this particular site so we double check did the calculations and the gross density on this site is 2.1 so it's even lower than 90% of what has been approved um 2.1 or 3 .3 2.1 okay unless I did the math incorrectly which is possible I probably did wrong um under the Spud requirements The Proposal would consist of an infill project which an infill project is basically the development or Redevelopment of an area that's already surrounded by existing development or construction um you'd have eight detached single family units nor the use are permitted um we will be requiring dark sky lighting the lot sizes are between 5700 and 7500 Square ft and they're 60 ft in width uh the standard setbacks of 25 and 18 on front and rear and 7 half on the sides um a solid fence is required adjacent to any commercial property to keep people from crossing over um 35% in open space two floors maximum height standard subdivision that you've seen many times the site access is on pen Street which if you could pull that um site plan up for us please Melissa and Lake County did not indicate any roadway improvements which is what we anticipated because it's only eight houses um I don't know if there's a way to turn that but that's okay um can I borrow the [Music] poter and then the other standard PUD requirements such as prohibition of use of St Augustine grass using Bea and so forth so Penn Street's on the North here and come straight down and I think it's Habitat Drive I think is the name of it I forget the new the street name and so all of these seven will front habitat drive we have one over here on Penn Street so it's literally a small new neighborhood right in this area and there's plenty of uh retention area to go along there um I'd like to read the recommendations into the record for the comp plan for Penn Street habitat smallscale comp plan Amendment sscp 24163 planning and zoning department is recommending approval for of the request for the following reasons one the project meets the requirements of chapter 163 3187 Florida statutes for small scale comprehensive plan amendments to the proposed future land use designation of low density residential is compatible with the adjacent future land use designations of city of leeburg low density residential and General commercial three the proposed request is compatible with the proposed zoning of Spud small plan unit development and four the proposed future land use designation for the site is consistent with the grow City's growth management plan future land use element goal one objective 1.6 and the action requested is vote to approve the smallscale count plan Amendment from General commercial to low density residential and forward the recommendation to the city commission for their consideration under the recommendation for Penn Street habitat rezoning case Spud 24175 the planning and zoning department is recommending approval of the request for these these reasons number one the proposed request for the Spud zoning is compatible with the current surrounding zoning districts including city of leeburg medium density residential low density residential Community commercial and Highway commercial and two the proposed request for the future land use designation of low density res itial is compatible with the proposed zoning of Spud small plan unit development three the proposed request does not appear to create a detriment to the surrounding properties based on the location and proximity to compatible development including existing single family development and the action requested is to approve the proposed resoning from C3 Highway commercial to Spud small plan unit development as conditioned and forward this recommendation to the city commission for their consider ation um Miss Danielle stoud of Habitat for Humanity is here to represent the case and ask answer any questions that you may have um staff feels like this is a good infill project and is recommending approval thank you sir I've got one quick question and that's um are there sidewalks yes sir both sides of the street okay I have a question yes sir from a Mr chairman just this one uh Street side parking can we go back to the sorry I mean I'm looking some of these rennings of home show one shows a garage and one shows no and the first thing that comes to mind is where if there's two vehicles where are they going to park me in the park within the Pud U one space is outside and one space is required with for a garage within the Pud so one in the garage and one outside outside street parking or driveway driveway driveway yes sir I just don't see the depths in this rendering here U yeah I could read it's hard to get it on the small Pages uh we can start bringing a board or something what are the size of lots I'll go by whatever you say 5,700 to 7,500 they're 60ft widths okay what's the shortest and what's the the on the depths I believe it was give me one second and I will tell you can't get th when I zoom in yeah that's why anybody the minimum death is going to be 95 ft they going to be enough setback so they could get a car off the sidewalk yes sir it's the 25 that we use in our puds all our puds okay that's all my concerns really um I'm must well this would be a question for you so come on up and state your name and your address and uh sign in please Danielle stad um my personal address no habitat's address yeah at 906 uh Aven Central the village of Florida okay um do you have a anything you want to add or um sure so you know habitat does work throughout Lake Ander County I am a proud resident of the city of leberg so I do love our lesburg projects um this is in Partnership and will be for the years that we build it out or the time that it takes with the high school students who will be coming out and building these homes over the course of the years that we Pace it out clearly we could do it all in one year but we want to save some time for the students to be able to do it year-over-year um when we enter a neighborhood we want to fit within the fabric of the neighborhood while also uplifting the neighborhood um most of the homes of course that we build are typically between 900 and 1300 square feet um it's entry level housing for usually firsttime home bars although that's not a requirement um so you know habitat's mission is to make housing and Home Ownership accessible to all cool um I just have one question um did do you know if they did a soil if Keith did a soil burn yes okay yes I'm just I was concerned cuz that lot holds water yep past it they did all the environmentals all the borings everything's good we removed one lot due to some of that to make sure that we had proper drainage yeah I saw Keith's name on there so what as concerned yeah he actually said he had looked at this property way back when and remembered several things about it so it was kind of just revisiting the past for him cool any questions as that applicant staff wanted to note Mr chairman I believe habitat built the house that's on 12th Street behind the um Sito do you remember that one Danielle yes that was the first home that we built with lebg high school adjacent to the Baptist Church and if you remember that when it's in the historic district it turned out real nice and since then we've done several others yeah I like that that's a neat program with the kids Dan with with your assurances that parking is adequate with you know because uh one of these renderings showed a carp a garage and one did not yes so when I provided that to staff I didn't want to just give a rendering I wanted to give an actual photo so the actual photo doesn't show a garage because it's in a different municipality so they will in fact have garages per city code okay yeah so you know if if Dan you feel comfortable adequate I I do Mr chairman because this is actually um larger lot size than many lots that we have approved previously but it's also an infill project with some smaller houses that is going to meet a a very significant need that we have in in the city I think it's a wonderful project yes sir very much thank you um thank you very much uh is there anybody from the audience that wishes to speak on this okay all right Mr chairman just to note commissioner Carter I believe uh had a conflict on this particular matter before discussion and voting commences I think we wanted to get that in get that out in the open okay what's the are you on the board yes I am so OB okay yeah probably need to step down yeah thank you MH who's going to make the motion you guys have to do it without all right I'm going to close to the public to render a decision and I'll open for discussion and or motion no discussion or any motion I'll make a motion public hearing case SSP 24163 Penn Street habitat small scale comp plan amendment I recommend approval I have a second I second any discussion roll call I'm coming I'm sorry I you're right nothing sorry commissioner o Kelly yes commissioner Simone yes commissioner bar yes commissioner Kine yes okay me too yes commission sorry that's right some changes no respect he call he calls he calls Ted chairman and no no no all right thank you very much uh public hearing case number spud2 24 175 Penn Street habitat smallest planned unit development uh do I have a motion I would like to make a motion unless oh carry on uh Spud 24-17 recommend approval okay I'll second that Mr chairman any discussion if not Rollo commissioner Kelly yes commissioner s yes commissioner s yes commissioner yes commission C yes as you can see we don't get real serious all right um public hearing case number cup 24166 606 South KN Street private school thank you Mr chairman this is a request for additional use permit for a private school in the R2 medium density residential zoning District on 1.16 plus or minus Acres generally located south of West Dixie Avenue and east of South N Street um the overall proposal is a request for a conditional use permit to have the small private school um there's not a whole lot to say about the building is built the access is there they're not requesting any changes to the lot or to uh the access points or anything like that so I'd like to ask Miss Melissa Met's planner with the office to present the maps and photo exhibits at this time and we are making the final decision yes sir this is a final decision by the Planning Commission thank you Mr Miller uh you can see on the extended locator map this map shows a broader view of where the subject property is located in the city it is um South of West Dixie Avenue and directly east of South Street on this aerial it shows a closer view of the property in the corner of West Dixie and South 9th Street the zoning map shows the property as an R2 medium density residential with the same zoning north and west and public in R1 low density residential and directly and sorry in R1 low density residential directly to the South the future land use map shows that the property is a transitional future land use with the same to the north east and west and recreational trails to the South this map shows the proposed conditional use overlay on the property and the surrounding land uses are office multif family and single family to the north and west medical and vacant commercial to the East and city of leeburg to the east and south the the subject property is south of the Greater lesburg Community community redevelopment area and the commission district is four there are no flood zones on the property and no Wetlands as you can see on the top photo is a close-up of the sign on South 9th Street the bottom shows looking North along North sorry along South 9th Street the top photo shows looking East on to the subject property from South 9th Street and looking South along South 9th Street on the bottom and looking West is at the top across South 9th Street from the subject property and there's a closeup of the sign on West Dixie Avenue and then looking North across West sixing Avenue from the subject property and then on the bottom looking East onto the subject property from South 9 Street or along I should say and then it says looking South onto subject property from West Dixie and then looking West along West Dixie and that is all I have Mr Miller thank you Melissa moving on to the departmental review summary project was sent out to All City departments including Lake County government and School Board we received no comments back from any of the Departments School Board had no comments uh Lake County government uh public works department had no comments at all and did not indicate any road improvements would be necessary for the project um per Florida statute and city of leeburg code and ordinance requirements project was legally advertised posted in letters sent out to the surrounding Property Owners we received one response about concerns about traffic and existing schools already in the area um so i' would like to talk about that for a moment um this is a small private school it does not take taxpayer dollars the request I believe it's a special needs school for special needs kids um the traffic is an interesting comment and we were thinking about that because right now there's medical and dental and so forth in there yeah on a small school you will have people going in in the morning and out in the evening and that's it right with a dental office or a medical office you have people going in and out all day staff believes that and this is not enough of a change to warrn any any kind of traffic study but in looking at a Traffic Engineers manual or something just looking at the easy numbers that they provide in those this is probably going to lower the actual traffic number um because it's going to be people coming in once and going out um so and then as far as as parking goes because the State of Florida will limit the number of students I don't know the exact number because that's a state call because the State of Florida will limit the number of students based on building size um there there's going we looking at the aerial if we could Max you'll see that the building has plenty there's mostly parking lot here dental office up in the top and then you have the central and southern buildings there so there's a a significant amount of parking we would have discouraged this if we had concerns about the parking definitely uh because of its location at that busy intersection but uh from a staff standpoint as an infill project surrounded by development and with a large amount of parking there um we would be very careful on on an item like this to take into consideration the amount of parking we think it's going to exceed the amount of parking it needs I can't guarantee that but that's what we think at this point um let's see under this conditional use permit the current R2 zoning remains now why this is R2 on what's essentially a a business type Corner not necessarily commercial but office which are two different uses um it's been R2 since long as I can remember and back in Prior codes you could do what was called a special exception use or something like that some of you may remember those I've seen your names in some of the old files few and uh uh but we had what was called a special exception use that might be something like a variance or a conditional use permit now all of Dixie was R2 yes and some of it all of Dixie was R2 and some of it's R3 across from the hospital and has Hospital uses in it but that's how that came to be um but using the conditional use permit process we still achieve the same goal um and and so as I said it's an infill project it it uh will create some economic activity there U leaves the underlying zoning but it adds the school use um no other uses are contemplated in this request the access remains on 9th Street and they have asked for no changes to the exterior of the building they may not have to change the interior but that depends on how they want to lay out their their classroom and beyond that um no changes so um like to go ahead and read the recommendation on that if I may the um conditional use permit to allow for a private school in case number cup 24166 Planning and Zoning departments recommending approval of the request for the following reasons it number one it meet the request meets the criteria set forth in section 25-41 conditional uses and section 25-284 District use regulations of the city of leeburg C code of ordinances for the granting of a conditional use permit to allow for the development of a private school to the subject to the conditions listed below the proposed conditional use does not appear to create a detrimental impact on the surrounding properties three the request does not create an inconsistency with the city of Leesburg comp plan we have listed some conditions I'd like to summarize those rather than go through all of them but um it is the conditional use would allow for the development of a private school in the R2 medium density residential zoning District the conditional use permit would be subject to All City of leeburg code requirements including zoning and building code regulations so any any changes they needed to make the interior of the building would require building permits um the minimum development standards would remain as they are under the R2 zoning District if if new lighting was required they would be required to do dark sky lighting which you all are familiar with it's the shielding of the light directionally um um and then parking has to be designed and constructed to be consistent with the requirements of chapter 25- 357 which is the parking portion of the Land Development regulations and to include any handicap space spaces that might be needed so if they need to create a handicap space based on the long previous uses of the building they'll have to create that um beyond that it's a very standard conditional use permit and no no other changes um I have listed here Mr Lester cheu and Mr Frederico Nicholas are any of those folks here today we did contact them so to ask them if they could be here I don't know if we heard back from them okay thank you but they were contacted to be here uh we did have a meeting with them prior to the submission of the application to discuss these conditions and they were fine so that's all staff has at this time yeah Lester lives in Houston oh okay um yeah I mean my I don't have any questions on it I mean it's medical had a lot more traffic I think sta that's what staff is I've been going there since it was built okay up until about a year ago when my doctor moved wasn't the Boys and Girls Club in that area at one time or not in that um a number of years ago there was um one of the clubs in the building on the south there was a sort of geodesic dome or some type of building remember thatout Boy Scout Girl Scout and Boy Scout and the Woman's Club yes well I think that building the D was a kindergarten at one time yes that's what it started it was monory that was the monor school yeah it so it it has the area in here has been used for the similar type uses before okay is there any anybody from the uh audience wishes to speak the public okay we'll close the public well I gave my opinion I think it's fine because of the you know traffic's busier with medical C I think so Dan can I just ask one question here do they what about maybe a con an issue about stacking or how they I guess do pick up and drop off on the site are there any concerns with that there should not be any concerns with that we'd be happy to add any type of condition that the commission would like in order can we go back to the aerial Max please in order to alleviate any concerns we'd be happy to do that with I know that the um the private school that they're asking to be I don't know personally but from my guess from what stepup Academy what they're who they deal with children on the Spectrum so those those parents when they pick up from schools like that this is just from personal experience you pull up to the school you have to park in the front so there it there's no line like a traditional school so these kids you have to they the parents have to pull up they either bring the kids or bring them out so it's not like a big old line or anything like that yeah it's not a cue at all and I wouldn't expect that anyway with the few students it's not like is that what you're saying is that not like a standard school where you go in to pick up child and there's 100 kids out there right exactly it's not that at all there's not even room for that many but based on the state requirements but they have to be walked in and out because it's a spectrum based education right okay still have no idea how many students I I don't have definitely just from looking at that building I is safe to say there is going to be less less than 50 kids at that under that less than 50 kids than I'm just saying that Park it's it's not going to be a lot of kids yeah cuz if they're not remodeling the inside I mean the classrooms are going to be pretty small and they have um kids on the Spectrum and this is professionally and per um personally you are only allowed so many kids per um and it's not even a teacher they actually have therapists that are that are their teachers so there's only going to they can only get I think there's like it's almost one on-one so it's not a lot a lot of kids there so you you have up to 50 children or less and then if you had that's a guesstimate 30 students I mean teachers or 20 teachers or with speaking professionally from my cooking school we did we taught children on the Spectrum and there was I had two staff and because they were older children we capped out at 12 okay so we capped out at 12 kids and this is with um my building that was downtown so I highly doubt they're going to have a a it's not going to be a lot of kids and that's just State regulation and the uniqueness of the school and I I don't even speak on behalf of them just the situation they have a quick question or well I was going to ask anybody a quick question hope it's quick presently there appear to be at least two of the buildings occupied by entity called First Step therapy is that the same group of people that I just was curious this group has a has the name of Kai Muki LLC k a i m u k i well that's that's probably his Corporation cuz he that's a corporation and Hawaiian descent so yes and I don't know what the I don't recall what the name they I think they did tell us when we were talking originally and I apologize I don't remember the name on that my dad his dad we're best friends okay but um with the size of the building and the te the uh teacher to student ratio I can't imagine this thing going over 25 to be honest but and so I think 50 was a generous number right okay but I don't have a way to control that the state does yeah that's and if there if the state looks at and says hey this place isn't big enough for 47 then they'll put a cap on it they'll put a cap on it yeah well then local local uh occupancy codes anyways are not going to let that be I mean building codes would do something in there would would be in there as well all right any other questions yes okay um according to the aerial what I see here we all you all have been talking about the building I see two buildings what is the second building that's Max yeah it's the M it's the building in the middle part where the Max has the Mouse pan that isn't that the school future school that's the white one yeah that's the one we're talking about okay the one in the lower left corner that's a building too mhm that's correct so what's that going to be used for is that part of it there three buildings there's actually three buildings it looks like three buildings in the same correct there's three buildings total there's one on the North with medical and dental in there then the one in the center and then the one on the south so my question is what what is the second the one on the bottom because it's incorporated into the subject property what what is it what is it oh I don't remember it's offices but I don't remember so that's going to be included into the school property parking and everything no just you it doesn't show on this one it shows here this want to be the school right the parking is because it's one property it's one parcel so they one parcel all everyone can use all of the parking and there's a there's a large amount of parking all up in through here here back over here and back there so okay clarify there are three buildings are you saying only the Center building is can be used for a school that's my understanding is but they're requesting this um you see that that concerns Meo to we can we can if we approve the school then they're going to do something with those other buildings now you're generating more traffic and and I'll admit it is a we can slow light there and uh you can set there wait to get out we can specify the address for it yeah I mean but I just I I kind of disagree with that because for what was said earlier that I think the traffic is going to be less because you don't have people com and going come and going come and going all day you go to school you you drop off right and then you pick back up that's it the rest of the day it's going to be clear well then you don't have people kids going off the lunch or anything you know I understand go ahead yeah I was just going to jump in and say from a general standpoint on conditional uses you know the board does have the ability to craft unique conditions that you believe might be appropriate to allow the use that's been requested here so if there are conditions on not utilizing buildings for certain things then you know you can impose the conditions that you think might be reasonable I don't think we should do that we're not I don't think that it's fair to put all these conditions on education in an area that that whole entire lot if you familiarize yourself those of us who've been here long enough no there is ample parking there is ample space for people to get in and out um living where we live knowing what the schools do that traffic Even in our area school traffic lasts maybe an hour that's it it's a school we should not be trying to conditionalize out a school we need the space Leber needs SCH qu to do that right we we really do we need schools we're not are we going to let them come in just do anything no but parking is the least of our things there's a whole Park right next door so the worst case scenario go tell your kid to wait for you at the park if they're old enough there's a whole park we can see that whole strip right down there and in there of parking in a park that area has no issues I don't agree so my concern is not what the school is what are they going to do with the other buildings there I just want to know what's going a school let it be a school let me let me finish I've been told that the middle build buing is the school mhm I know the front building I know the back buildings is that going to become the school I just want to know what their plans are on the property and that is that is right we don't know and the our understanding from our meeting is that it's only the middle building to be used for the school so what I would recommend is that if this meets the city attorney's approval is that within the conditional use permit we write which we would normally do anyway write the specific address of the conditional use for that building because it's not they're not trying to get the entire property they just want the one building okay the proposal is title the entire parcel is is being uh requested to be used for a school that's what I thought oh no sir I'm sorry that's that's that's it's just the central building that's my understanding do they all have the same owner yes oh okay may I speak sorry sorry if you look at the if you look at the title of the of the case it's got the address in there so they're making it specific of that building I didn't see that but if if I can say something is if they decide to go to a total school it's even less traffic you know think about it who cares I mean I I wouldn't even want to put a specification on it cuz if if they decide to get the next building when it opens up hey that's better for the traffic I mean it's logic okay so that's that's just my opinion so anyway what's everybody's feeling I'll take a I'll take a motion Mr chairman I would like to motion for us to approve it as it is written currently okay one second there uh just under discussion real quick I don't know if with it being specific to that address then it's it's blocked into that address anyway right way usually I mean if the whole property is given that one postal address I don't know that that's not each building has a different postal address exactly then that's all I'm want to know is what's going to happen you know what we I mean I think if it's specific to one postal address then it would be limited to that um you know you could make sure that's clear in there by just saying you we want want to make sure it's clearly limited to five I just want to make sure someone knows down the road I'm not I don't care if it's all school or one building school I mean I think it's suited I just want to make sure when all of us are gone right everybody knows whether they can have more school there or not so I think that might need to be cleari I have a clarification if I may chairman uh so 606 South 9th Street is the address of that specific building the very bottom of this aerial um under the case number it's read 606 south9 Street private school in parentheses 611 West Dixie that is the entire parcel address in parenthesis so again we're tying just 606 South 9th for this conditional use permit in that central building and that is it just wanted to clarify good and if we can have that in the minutes that would be good okay if if then if we per Mr chairman per Max's comment if we tie it to the address it limits to this building if you tie it to the ALT key we don't have the permission well do we we have the permission of the property owner I'm just trying to make sure I'm covered yeah I mean the alt keys and the postal addresses can both change over time the legal descriptions not I mean the clearest way to tie it the clearest way to tie it would be through a legal description but I don't know if we have a survey that that describes part of it and the other part of it so I don't know if there's any way to parse it out that way we don't have anything that just describes the building okay so if you want to assign it to the entire parcel is that acceptable I'm sorry Dan if because we are the legal description does include the entire parcel and I apologize for us not thinking this one through on that but uh because I was thinking it was only about the 606 and that was my intent when I and I should have explained that a little better but um it it from staff's Viewpoint it can be either 606 or the entire ALT key because if one if one owner says that it can go for the entire alternate key or entire legal description because alt keys can change the easy way to Sol is to go ahead and approve it but but i' like to make it easy on the owners right or the users where they don't have to keep coming back and paying the fees and all that right so I mean I'd rather see us make an amendment to the motion or we'd have to almost change the motion because since the address is in it yeah we motion so so if you believe in allowing the whole building I mean the whole property to be zoned that way then vote down this amendment I mean this uh motion correct and then make a new motion yeah we could yeah yes well well we can amend you can amend the motion that's on the floor yeah you could just vote on the amendment take the address it has the entire legal all right so does anybody want to make a amendment to change the title and take the 606 out and just amend it for the entire property which is 611 West xie Avenue guess since I brought it to the floor I'll okay bring the amendment up body oh that's right everybody understand is there a second on the motion or the amendment is there a second on the amendment okay there's a second uh all in favor of the amendment or roll call I can't oll I don't I'm not sure because that whole property subject property says school but yet the school is only one building I'm not against the school I'm not against the other building being a school but we don't know what the other building is and will it become the school or what it's doing it's it's got that use anyway that's not going to change but we're allowing the school to expand in the future if they like by changing the address yeses that make sense so it doesn't matter it doesn't change the address I I agree with Ken because I I'm not against the school but this school could go from 20 students to 50 students and staff of 20 or 30 and folks that's a busy intersection that you can't you get three or four cars lined up on Ninth Street and that light Waits three or four minutes and they can't get it in and out I mean on Mon Sunday on Church they have a heck of a time getting out of the Women's Club okay and I I'm sorry but I'm I'm going to have to vote against this because I just don't feel comfortable with what we're going to give them permission to do and I and I disagree with that I think I mean half half of everybody here thought it was the whole thing anyway and they were in favor of it and all of a sudden everybody's not weight that's a little SCH you know it's a little odd to me but and I still believe it's less traffic than whatever is in there now was there a second to her proposal yes okay so we're in discussion that's one I'm talk okay I'm sorry yeah you I got rubber rules um so anyway I'm in favor of expanding it for future um expansion because the use now is more I call it obnoxious but it's more busy it's busier that's just the term I use right so Mr chairman correct it's already being used to it to its fullest capacity already and like I pointed out before it's got ample parking space it's not underp parked and you guys are always concerned about parking it's not parking it has parking there but but that's what I'm saying the parking lot is available if you need to pick up students so there is a school on Main Street that's got just as many students a private school on Main Street and they utilize the parking lot so it doesn't flow over into the actual Street that's a big and we all know those of us you've been here longer than me before the park was there there were Apartments there that that's just always been a busy intersection and if we have an ability to enhance the city with more education private school options and it's not a detriment to the community make it make sense to me it made plenty of sense I know you're a you're issue is the traffic but I think you know once you get through the morning rush and the afternoon Rush there's no traffic at all or very little so anyway we're repeating ourselves so let's uh let's vote on the amendment uh all in favor of the amendment or sorry almost did I'm confused what is the amendment the amendment is to change the address to the whole property the whole property so the school can then expand if it if it needs to or wants to that way they don't have to come back the other tenants ban them there correct yeah which may never happen we're you know we're all I'm trying to do is keep them happen to come back if they decide to get bigger I'm just trying to save them the trouble and the money I mean that's all I'm doing okay no I'm not against the school and I don't think I think she's right about the traffic um it's there um so can we vote are you ready yeah okay yes roll call I want to make sure everybody understood though I'm not I'm not Commission of Senate yes commissioner bar no commissioner Kaplan yes commissioner Carter yes commissioner o Kelly yes all right that was the amendment now we're voting to approve the school roll call sounds parliamentarian for years do a good job do we need to make a motion no it's already been made oh the amendment was on the prior motion a vote on the yeah you just back back into the original motion commissioner Sone yes commissioner Senate yes commissioner bar no commissioner kapan yes commissioner Carter yes commissioner o Kell yes thank you very much I'll be the B home you sure are you move in that neighborhood you get all stuck up see John lives there and he didn't mind he just sleep fast in school time I um that's it I appreciate it oh oh yeah we got to postp seven is postponed yeah we got to do that one more to postp no but we got to postpone it thank you okay public caring case number PUD 24123 First Academy Athletic Field minor modific a plan unit development they've asked for it to be postponed to July 18th do I have a motion to postpone why well I'll second you go ahead well okay well I'll make the motion all right any discussion all in favor say I I all oppos thank you very much for attending and we'll see you uh one quick announcement uh Mr chairman if I may sorry candy and I ran into Mr Sanders last week at lunch and he was wanted to I uh make the announcement I think the juneth festival is coming up on this Saturday I was hoping he was going to be here and he would make the announcement because I haven't but I believe it's this Saturday at the um uh lebur Resource Center what Resource Center on 468 okay thank you very much any other announcements this is a good time to announce public or yes especially since they're on the agenda right now this is a good time to adjourn this is a good time to adjourn