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,7 <br />9.B.1. PROGRESSIVE CIVIC LEAGUE OF GIFFORD, <br />1999: <br />FLORIDA, INC. - APPEAL OF APPROVAL OF SITE <br />PLAN FOR R & R INVESTMENTS (INDOOR <br />MEMBERSHIP GUN RANGE) SW CORNER OF US#1 <br />AND 42" STREET (MOVED FROM ITEM I I.A.) <br />The Board reviewed a Memorandum of February 5, 1999 and a letter of January 26, <br />TO: James E. Chandler <br />County Administrator <br />DIVISION HEAD CONCURRENCE: <br />Robert M. Keating, AIC <br />Community Developmefit D' r <br />FROM: Stan Bolidj4, AICP <br />Planning Director <br />DATE: February 5, 1999 <br />SUBJECT: Progressive Civic League of Gifford, Florida Ines Appeal of the Planning and <br />Zoning Commission's Approval of a Site Plan for R & R Investments <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of February 16, 1999. <br />In September 1998, Mosby & Associates, Inc. submitted an application for major site plan approval <br />to constrict a 12,286 sq. R multi-tenant/multi-use commercial building at the southwest corner of <br />US 1 and 42°d Street (see attachment #2). Proposed tenant uses include: auto repair, appliance sales, <br />and retail firearms sales with an indoor gun range (see attachments #3 and #4). The site is located <br />in the CG (General Commercial) zoning district. <br />At its January 14, 1999 meeting, the Planning and Zoning Commission voted (4-3) to approve the <br />site plan application with conditions (see attachment #7). Approval conditions included a restriction <br />of indoor gun range use to members only, and a provision to ensure that the public has the right to <br />use the alleyway located along the site's west boundary and an access easement to US 1. At that <br />meeting, members of the Gifford community and members of the Progressive Civic League of <br />Gifford spoke against the proposed indoor gun range use. <br />On January 26, 1999, the Progressive Civic League of Gifford, Florida, Inc. filed an appeal of the <br />Planning and Zoning Commission's conditional site plan approval (see attachment #8); the appeal <br />relates to the indoor gun range use only. No technical issues are being contested. The Progressive <br />Civic League contends that indoor gun ranges are not specifically permitted in the CG district Also, <br />the Progressive Civic League contends that, because there is no indoor gun range use category <br />specified in the zoning code and because of the seriousness of gun use issues, no such use, including <br />the R & R Investments site plan project, should be permitted unless and until the zoning code is <br />changed to specifically address gun range uses. <br />Under provisions of land development regulations (LDRs) sections 914.13 and 902.07 (see <br />attachment #5), the Board of County Commissioners is now to conduct a de novo hearing and review <br />the R & R Investment's site plan application. The Board may approve, approve with conditions, or <br />deny the site plan application and thereby uphold or deny the appeal. <br />FEBRUARY 16, 1999 <br />-39- <br />• <br />BOOK JOB. FAGE 373 <br />