11-02-1993 Meeting• •
CITY OF CLF,RMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 2, 1993
The meeting of the Planning & Zoning Commission was called to order Tuesday,
November 2, 1993 at 7:00 P.M. by Chairman John Sargent. Members present were Jim
Hoskinson, Joseph Janusiak, James Brown, Joseph Wiebush and Marilyn George.
Members absent were Bonnie Kranz, Don Smith and Wendell McDannel. Also
attending were Lanny Harker Director of Planning and Mimi Shaw Planning Technician.
MINUTES of the meeting held October 5, 1993 were approved as presented.
1. REQUEST FOR A CONDITIONAL USE PERMIT
APPLICANT: Clermont Venture, Ltd.
LOCATION: North of Highway 50 and east of Grand Highway
REQUEST: A request for a Conditional Use Permit to amend Resolution #773
(granted as a Conditional Use Permit for a Planned Unit Development) to
allow the optional use for a learning center and deletion of certain
infrastructure items.
Mr. Harker explained to the Commission that the changes being requested were minor
changes, however, they do require action by this Commission and the City Council in
order to be changed. These changes were made necessary due to an inability to execute
certain easements with adjacer.,t property owners. The applicant would like to amend the
existing CUP which includes the following:
1. Delete the Cross Connection Drive between the shopping center and
Quinsy's (see Sketch #1).
2. Delete the storm drainage connection from Quinsy's retention pond
pending approval of St. John's Water Management District (see Sketch
#2).
Due to other tenant considerations, the applicant would also like to include the
following:
3. The optional change of use of the area designated as Retail B (10,000
square feet) as either retail space or a Learning Center (see Sketch #3).
4. The construction of the designated TBA (auto center) area for the
KMART buildinb is to be considered optional. This area will be paved if
the TBA is not constructed (see Sketch #4).
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CITY OF CI,ERMON7'
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MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 2, 1993
Page-2-
Staff recommends approval of the requested amendments pursuant to the following:
1. Section 4, item #8 of the existing CUP/PUD which references construction of an
internal traffic connection link with the adjacent Quinsy's restaurant is to be
deleted in its entirety and a new item #8 shall be added which states:
"The area designated as Retail "B" (10,000 square feet) may be utilized as either
retail space or as a learning center/day care facility. If the learning center/day
care facility option is utilized the operation of the business may not proceed until
all applicable regulations of HRS and other appropriate regulatory agencies have
been satisfied."
2. An item #15 shall be added to Section 4 which states:
"The area designated TBA (auto center) for the Kmart building shall be
considered as an optional construction item. If the TBA (auto center) is not
constructed the permittee shall provide revised site plan drawings to the City
which must be reviewed and approved rp for to receipt of a certificate of
occupancy for the Kmart building."
3. An item #16 shall be added to Section 4 which states:
"In the event that stormwater drainage easements cannot be executed with the
adjacent Quinsy's property, the permittee shall provide revised site plans to both
the City of Clermont and St. Johns River Water Management District which must
be reviewed and approved prior to receipt of a certificate of occupancy for any
buildings on the site".
At this time Mr. Sargent askew all those present who wished to speak in regard to this
case be sworn in.
Persons sworn in were Gary Fischer of 421 Oakhill Drive, Altamonte Springs, Florida
and Kelley Harris of 1000 East Highway 50, Clermont, Florida.
Mr. Fischer, representative of Welbro Management, Inc., advised the Commission that
amendments numbers 1 and 2.were brought about by the inability of the owners to
execute certain easements with Quinsy's/Spartan Foods. Therefore, we have proposed to
delete the cross connection drive and the storm drainage.
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CITY OF CLERMONT
MINUTES
PLANNING AND ZONING COMMISSION MEETING
NOVEMBER 2, 1993
Page-3-
Further discussion followed, with Mr. Fischer explaining the design of the stormwater
drainage facility to the Commission.
Mr. Kelley Harris, representative of Quinsy's/Spartan Foods, stated that they have made
numerous attempts to contact the owners of this site, however no one has returned there
phone calls. Mr. Harris stated, that they are willing to give the easements. However,
some sort of an agreement might have to be made regarding the parking spaces that
Quinsy's would lose if the cross-connection drive were constructed.
Chairman Sargent suggested that perhaps Mr. Harris and Mr. Fischer could negotiate
some sort of an agreement on ;the easements prior to this request being brought before
the City Council
A motion was made by Marilyn George to recommend approval of this CUP as
presented by Staff, seconded by Joseph Janusiak.
Further discussion followed. Jim Hoskinson noted that he was hesitant about removing
the portion that they be required to connect to Quincys parking area.
Mr. Sargent suggested that the maker of the motion would add that a recommendation
be made that the two parties get together prior to the City Council meeting to attempt to
resolve items 1 and 2.
Marilyn George noted that she did not feel the parties would get together due to a
motion.
The motion was moved by Marilyn George and approved 4 to 1, with Jim Hoskinson
voting nay.
There being no further business the meeting was adjourned.
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John N. Sargent, Chairm
ATTEST:
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Miml~ Shaw, Planning Technician