View Other Items in this Archive | View All Archives | Printable Version




DATE OF MEETING:      October 23, 2003


LOCATION:                   Municipal Services Complex 1st Floor Conference Room

                                    2901 17th Street, St. Cloud


CALL TO ORDER:         2:05 P.M.


CHAIRMAN:                  David Nearing, Planning/Zoning Director


SECRETARY:               Megan Berkau, Planning Technician, Acting Secretary



Dave Nearing                 Mark Luthie                   Dave Ennis                    John Groenendaal          Ron Trowell

Angelo Perri                  Veronica Witol               Tommy Howse              




1.         Approval of Consent Agenda for October 23, 2003


The consent agenda for October 23, 2003 was approved as submitted.


2.         Case #3-4.22 - Halloween

                                                New York & Pennsylvania between 10th & 12th

                                                Special Event


Mr. David Lane was present to represent the application.




1.                   Temporary electrical wiring shall comply with the National Electrical Code (NEC) 1999 Article 305. Note: Temporary wiring shall be ground-fault protected. Multi-conductor cord shall originate in an approved power outlet or panelboard and be of the type identified in Table 400-4 for hard usage or extra hard usage. Receptacles shall be the grounding type. Lamps shall be protected from accidental contact or breakage. Electrical cords shall be protected from damage and shall be placed so as to prevent trip hazards. When receptacles are installed on flexible cords/cables and exposed to weather or in wet locations, they shall be in a weatherproof enclosure.


Mr. Lane stated that he needed electricity only for the music.


2.         If tents over 300 sq. ft. are used they shall comply with the Florida Building Code (FBC) 2001 Section 3103.1 and Section 1019.5. Certification of flame resistance shall be filed with the building department prior to a permit being issued.

3.                   Tent exits, aisles, seating, etc. shall conform to assembly occupancy. All exits shall be kept free of obstructions while tent is occupied by the public.    


Mr. Lane stated that there were no tents planned for the event.




1.         No comment.




1.         All fire protection equipment; building exits and other safety features shall remain accessible.

2.         A lane shall remain open to allow emergency vehicles access if needed. (Movable barricades are acceptable.




1.                   Please submit itinerary of events and times.

2.                   Police Explorers will assist with traffic safety.




1.       All residents and business owners affected by the street closures must be notified in writing.  While this issue was also addressed in the application package, October 29, 2003 does not leave sufficient time for anyone affected to make any arrangements needed to accommodate the street closures.  Please provide the written notification a minimum of ten days prior to the event.


Mr. Lane informed that he has sent out written notice to all business owners affected by the event.



2.                   As a DRC approved Special Event, the applicant is authorized to utilize off-site signage to advertise and/or direct traffic to the event.  All signs must be free standing and placed so as to prevent visual obstruction of pedestrian and vehicular traffic.  Signs may be placed beginning on October 25, 2003 and must be removed no later than November 1, 2003.


Mr. Lane explained the planned event for the Committee.



The DRC approved the applicant’s requested Special Event with the conditions as stated.
Page  2, DRC Minutes – 10/23/03



3.         Case #3-123.02 – Dairy Queen

1309 Louisiana Avenue

Site Variance


Mr. Nearing advised that the applicant had withdrawn the request for both site plan and site variance.


There was no discussion of this case and no action was taken.




1.         This case has no bearing on the building department




1.         We recommend the approval of the variance request.




1.         Approval of this case will not cause an adverse affect on fire rescue department operations.




1.         This variance request has no impact on Police Services.




1.         This case will require approval by the City’s Engineering Department only.



This case was withdrawn.  No discussion occurred and no action was taken.
Page 3, DRC Comments – 10/23/03



4.         Case #3-96.01 – Crystal Creek

W. of Michigan Ave, N. of Canoe Creek Woods

Preliminary Subdivision Plan


Mr. Jeremy Kibler was present to represent the application.




1.         This case has no effect on the building department.




1.         It appears that the applicant intends to utilize one half of the existing 40-foot right-of-way which separates Crystal Creek and Canoe Creek Woods. If this is the intent the applicant will need to process a right-of-way vacation request. 


Mr. Kibler stated that he plans to vacate the ROW and will follow the necessary steps to do so.

Mr. Groenendaal inquired about the placement of pipes in the easement signifying “this and that” on the map.

Mr. Nearing asked if the lots would become substandard if the ROW was not abandoned.

Mr. Luthie stated that if the ROW was designated as an easement, it would not have to be unobstructed.


2.         The unification of the two stormwater ponds into one large pond with a control structure outfall within Crystal Creek will need to receive a permit from South Florida Water Management District with signature blanks for the Vice President and President of the Canoe Creek Woods Homeowners Association as co-applicants to the permit.


Mr. Kibler stated that he contacted the Homeowners Association about this.


3.         It will be necessary to fill the existing conveyance ditch outfall for the Canoe Creek Woods stormwater retention pond. 

4.         We recommend close coordination with the proposed lot grading plan of Indian Lakes in order to eliminate any potential surface run-off problems in the future.  We further recommend the lot grades for both Indian Lakes and Crystal Creek be designed as a Type-A grading plan. 




1.                   A Certificate of Capacity will be processed through City Council.  For this project, the fee is calculated as follows: 50 lots x $2,358 per lot = $117,900.00.  Ten (10) percent of this amount, or $11,790.00. is due prior to Notice to Proceed.  The balance is due prior to Certificate of Occupancy for each lot.  This Certificate may be phased with the phases or paid at once. 

2.                   Any existing wells on the property must be abandoned or have a reduced pressure backflow preventer installed if the well is to be used for irrigation.  Any existing septic tanks on the property must be abandoned per Osceola County Health Department specifications.

3.                   This Certificate of Capacity shall remain valid as long as continuous construction activity is verified on this site.


Mr. Kibler stated that he will comply.




1.                   All the existing utilities within the easement and right of way will be required to be shown on the plans.


Mr. Kibler stated that he felt that they have shown all utilities.

Mr. Swingle discussed with Mr. Kibler using “this and that” on the plans.


2.                   The sanitary sewer will be required to be extended across the entire Michigan Ave. frontage.

3.                   The sanitary sewer depth will be required to be maintained from the invert elevation of the connecting manhole structure, for the portion along Michigan Ave.

4.                   The sanitary sewer location will be reviewed and may be subjected for relocation, due to the installation of a 12” reclaimed water main currently under design.

5.                   Construction plans are required.


6.         Water, sewer and reclaimed water are available.




1.         Cul-de sacs with no street parking shall be provided with a turnaround having an outside roadway diameter of at least one hundred feet (100’) and a street right of way diameter of one hundred twenty feet (120’). (LDC 6.2.1L)


Mr. Kibler stated there is no problem with this condition.


2.         Before and during construction, when combustibles are brought onto the site in such quantities as deemed hazardous by the fire official, paved roads to provide access for fire vehicles and a suitable water supply for fire protection acceptable to the fire department shall be provided and maintained.  (L.D.C.




1.         The existing overhead power line can be removed at your request.

2.         There is existing underground power lines across the entire front of this project.  Please review the attached electric plan showing the underground electric line (attachment forwarded to Mr. John Kidd of RHPA, 1100 N. Main St., Suite A, Kissimmee, FL  34744 on 10/6/03 via U.S. Mail).  Before you dig, call for locates.  The existing underground electric is a major electric feeder line.


Mr. Kibler acknowledged these conditions and will comply.




1.                   Need a survey of the property that shows the old SLIC Right of Ways and elevations.


Mr. Kibler stated that the SLIC ROWs are shown on the plans.

Mr. Groenendaal stated that there is no boundary map including those ROWs.

Mr. Kibler asked if the boundary map should be turned in with the PSP.

Mr. Nearing stated that it should.

Mr. Nearing asked if this project is going to be a single phase.

Mr. Kibler agreed.


2.                   Vacate any ROW that will be platted over. 

3.                   Remove the easement on 37 and 38 and make it part of the pond tract.


Mr. Kibler stated that he is aware that there should not be easements directly along the property line.

Mr. Groenendaal stated that it is ok if they are small.

Mr. Kibler stated that the easement must be that large to accommodate for the utilities pipe laid.

Mr. Luthie stated that creating an unobstructed easement would make the area unobstructed for permanent items, not for things such as fences that are easily removed.

Mr. Swingle added a comment that the utility manhole will be subject to review because it is not included in the plans and stated that he would need to see the construction plans.

Mr. Groenendaal asked about the easement stating that the property buyers would essentially get 62.5 feet of width with the easement in place.

Mr. Nearing stated that if that was the case, it is ok, but nothing is to be built within the easement.  He also stated that it should be included on the plat that no permanent structures are to be built within the easement.

Mr. Groenendaal added the following comments:

·         Provide a tree survey and the location of trees deemed necessary for removal.

·         Trees removed shall be replaced at 2 to 1.

·         A 6-foot wall or berm is required to buffer the community from a Collector roadway.  Provide a landscape plan with this shown.  The wall or berm should be in a Tract.

Mr. Groenendaal removed the following comments:

·         Lot 33 is not wide enough. The lot width will be measured from the front façade of the home. The rear property line is 62.5 feet.

·         Provide a PM peak traffic generation calculation.



4.                   The Staff along with the neighbors in Canoe Creek Woods may not favor vacating some of the ROW with trees in them if the plan is not revised to be more green with mature canopy trees.


5.                   Revised plans must be submitted within sixty (60) days of this review.  Revised plans submitted after the allotted time frame will require a new application including payment of additional fees.

6.                   All submitted plans must be folded at the time of submittal.  Rolled plans will not be accepted.




1.                   Aerial Sheet 2 of 5 is required to be marked up.

·       Please show amount of trees proposed for removal and/or mitigation.

·       Identify what types of trees exist upon this property.

2.                   Submit a landscaping plan.


3.         This department will not move forward with this site until the aerial has been corrected. The City Arborist will then compare the corrected aerial with the site. After an evaluation has been completed, additional conditions may be submitted.




1.         A South Florida Water Management District Permit is required for this project.




1.                   Applicant shall clear all proposed street names with the 9-1-1 addressing department prior to submitting a final.  Please submit a preliminary subdivision plan for review.



Applicant will resubmit for sign-off.