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CITY OF ST. CLOUD

DEVELOPMENT REVIEW COMMITTEE MINUTES

REGULAR

 

 

DATE OF MEETING:      October 19, 2006                      

 

LOCATION:                   1300 9th Street - 1st Floor – DRC Conference Room; St. Cloud

 

CALL TO ORDER:         2:00 P.M.

 

CHAIRMAN:                  David Nearing, Director Department of Planning and Zoning

 

SECRETARY:               Michelle Orton, Development Coordinator

 

MEMBERS PRESENT:

Dave Ennis                    Ken Peck                      Mark Luthie                   John Groenendaal

Jeff Higgins                    Ron Trowell                   Tommy Howes

 

Rick Mauro has been excused

 

1.                   Case #07-1.01 – Fall Festival (Michelle Orton, Development Coordinator)

Veterans Park

Special Event

 

Mr. Luthie indicated that he had additional comments that are not included.

 

Pastor Jay Avant and Jane Colston were present to represent the application. 

 

BUILDING DEPARTMENT

CONDITIONS:

1.         Temporary electrical wiring shall comply with the National Electrical Code (NEC) 2005 Article 525. 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.

2.         If tents over 300 sq. ft. are used they shall comply with the Florida Building Code 2004 (FBC) Section

3103.1 and Chapter 10, Means of Egress. 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.

 

Pastor Avant noted that the supplier of the moon walks will be bringing all the cords and will make sure they are ground protected.  He also indicated that there will be no big tents and they will only be using canopies which will be set up in a horse shoe in front of the auditorium. 

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

CONDITIONS:

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

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No Comment

 

PLANNING

CONDITIONS:

1.         The applicant shall be responsible for assuring that all food vendors are properly licensed and inspected.

INFORMATION:

2.         As a DRC approved special Event, the applicant is authorized to utilize off-site signage to advertise and/or direct traffic for the event. Please be advised that all signage must be placed so as to prevent visual obstruction to both pedestrian and vehicular traffic, must be free standing and may be utilized beginning one week prior to the event. All signage must be removed the day following the final day of the event.

 

Ms. Colston wanted to know if they could also have a yard sale.

 

Mr. Nearing noted that if they have a yard sale that would be okay as long as they fill out a permit from the Building Department. 

 

Pastor Avant indicated that the food was going to be supplied by Chick-fil-A and that they would also be serving soda, cotton candy and popcorn for free in order to give back to the community for the Fall Festival.

 

PARKS & RECREATION

CONDITIONS:

1.         You must fill out a form at the Parks and Recreation Department prior to any approval of using City Facilities for events or functions.

INFORMATION:

1.         We will drop off the tables and chairs on Friday November 17th in the afternoon inside the band shell storage room. You will need to come to the Civic Center to sign out a key to the storage room and return the key on Monday November 20th.

2.         I will have the Building Department check out the power source for your needs.

3.         Please make sure that you police the area before you leave the Park.

 

Ms. Colston wanted to know where the tables were, if they were in the band shell.

 

Mr. Howes noted that on Friday they would putting all of the things they requested in there along with a restroom key.

 

RISK MANAGEMENT

CONDITIONS:

1.         Vendor must provide acceptable Certificates of Insurance via ACORD form or sign waiver documents, no later than 10 days prior to the event. If the vendor does not carry Florida Worker’s Compensation insurance, an Exemption certificate must be attached to submitted insurance certificates.

2.         A Hold Harmless Agreement must be signed by a representative 10 days prior to the event

RECOMMENDATIONS:

3.         For additional information contact Risk Management at 407.957.7205 or go to 1300 Ninth Street (Bldg B Floor 3.)

4.         Information should be e mailed or faxed to cspanglo@stcloud.org or 407.957.7205 Fax:407-957-8416.

 

Pastor Avant indicated that there were no problems with the insurance requirements.

 

Mr. Nearing wanted to know if Cindy Spanglo from Human Resources had spoken with them, if not they could call her and she would be able to walk them through.

 

Mr. Nearing then read into the record Public Works comments.

 

“Please submit a parking plan which addresses the parking needs for the event.”

 

Mr. Luthie noted that they will just need to identify how they will handle the parking.

 

Pastor Avant indicated that they have a member of the Osceola Sherriff’s Department and a member of the St. Cloud Police Department that would be assisting.

 

Mr. Nearing noted that the committee just wants to know where and how they plan on parking. 

 

Pastor Avant indicated that they will be parking on the side streets and that Mr. Jones has given them permission to park in his area.

 

Mr. Nearing noted that they need to make sure they have enough room for fire trucks.

 

Mr. Ennis indicated that they are not to block off the roads.

 

Pastor Avant wanted to know if they need to send in a diagram.

 

Mr. Nearing noted they just need to send a plan.

 

Mr. Luthie indicated that Ms. Orton would distribute them to all the departments.

 

Mr. Nearing suggested that they contact the police department to see if there were any precautionary measures they need to take.

 

Pastor Avant wanted to know if they would need to speak to anyone from the fire department.

 

Mr. Ennis indicated that they just had.

 

Mr. Nearing suggested that they contact Major Holiday with the Police Deparmtent.

 

Mr. Howes noted that they will need to sign up for the park when they come to pick up the key.

 

Ms. Colston wanted to know if they paid at the Civic Center.

 

Mr. Howes noted that they do.

 

FINDING:

The DRC recommended approval with conditions.

 

2.                   Case #07-1.02 – St. Cloud Craft Festival (Michelle Orton, Development Coordinator)

New York Avenue, 9th – 12th Street

Special Event

 

Betty Carl was present to represent the application.

 

BUILDING DEPARTMENT

CONDITIONS:

1.         Temporary electrical wiring shall comply with the National Electrical Code (NEC) 2005 Article 525. 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 i n 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.

2.         If tents over 300 sq. ft. are used they shall comply with the Florida Building Code 2004 (FBC) Section 3103.1 and Chapter 10, Means of Egress. 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.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comment.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

Ms. Carl indicated that she requested that 10th street be closed Saturday night.  She contacted the County but they told her that it was no longer a county road so she was now requesting from the city that the road be closed.

 

Mr. Luthie noted that would be fine with him as long as it was okay with the Fire Department.

 

Mr. Ennis indicated that would be fine as long as they have barricades, they would have to keep 12th and New York open.

 

Mr. Luthie wanted to know if Ms. Carl has spoken to anyone regarding the parade route.

 

Ms. Carl indicated that they usually come up near City Hall and then up 10th.

 

Mr. Luthie wanted to know if they plan on closing 10th street after the parade.

 

Ms. Carl noted that when the parade goes by they will close it off.

 

Mr. Luthie wanted to know about the vendors during the parade.

 

Ms. Carl indicated that after the parade they will then use New York Avenue.

 

Mr. Nearing wanted to know if they have been in contact with Main Street.

 

Ms. Carl indicated that they have and they are trying to work it all out.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

CONDITIONS:

1.         The intersection at 12th and New York shall remain open between New York and Massachusetts.

2.         No parking shall be allowed on 12th street between New York and Massachusetts.

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

4.         The temporary blocking of the intersections will effect the tactical operations of the fire rescue department by causing a delay in response. In view of the positive community-wide effects expected from this event and the fire rescue department’s close proximity to the area, the fire rescue department will temporarily augment its standard response to negate the obstacles presented by this special event.

5.         Blocking of intersections shall be done using removable barricades and manned when possible.

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

 

Mr. Ennis wanted them to mark the corner and not just use a number.

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1. No comment

 

PLANNING

CONDITIONS:

1.         All business owners/merchants located along the streets proposed for closure must be provided with written notification a minimum of 10 days prior to the event.

2.         All handicap curb cuts are to remain open at all times.

INFORMATION:

3.         As a DRC approved special Event, the applicant is authorized to utilize off-site signage to advertise and/or direct traffic for the event. Please be advised that all signage must be placed so as to prevent visual obstruction to both pedestrian and vehicular traffic, must be free standing and may be utilized

 

Ms. Carl noted that they wanted to put in a stage but that they wouldn’t be able to put it up until after the parade. 

 

Mr. Howse indicated that they want to use a stage for the parade and that they usually use the bleachers in the VFW parking lot.  He also noted that as far as barricades go they only have 12.

 

Ms. Carl noted that they did use the City’s last year but this year they will be using the counties.  She wanted to know what the size of the stage was.

 

Mr. Howse noted that it was about 3 feet off the ground and approximately 24 x 24.

 

FINDING:

The DRC recommended approval with conditions.

 

3.                   Case #05-81.06 – Esprit, Phase 2 (John Groenendaal, Planner)

West of Canoe Creek Road

Final Plat

 

John Kidd of Askey-Hughey and Chuck Bell of Ryland Homes were present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this final plat.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

LINES DIVISION

CONDITIONS:

1.         Remove utility easement from the Lift Station Tract ‘J’.

 

Mr. Bell noted that they have no problem with #1 and that they have been removed as requested.

 

2.         Tract “M” for the recreation area will have a water service and a sanitary sewer main which will require easements.

 

Mr. Bell indicated that they will put in 3 1” services and putting the meter closer to the right-of-way.

 

3.         Provide a minimum 20’ utility easement centered over the sanitary sewer main and a min. 15’ utility easement centered over the water.

 

Mr. Bell noted that in regards to the sewer main they will put in an easement as well.

 

FIRE DEPARTMENT

INFORMATION:

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

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         The Final Plat meets the requirements of The Orlando Utilities Commission Electric Engineering Division.

 

PLANNING

CONDITIONS:

1.         The final plat is to match the resubmitted construction drawings. You will need the construction drawing approved prior to the plat moving forward.

 

Mr. Bell noted that the construction plans are already in for approval.

 

Mr. Groenendaal noted that was correct that they have them.

 

Mr. Kidd wanted to know where the construction plans were according to the timeline and if they should run them concurrently.

 

Mr. Nearing noted that they are approved at the staff level and not a council action,

 

2.         Need 911 Addressing approval of street names.

3.         The land to the north has been subdivided with the Plat of Deer Creek 3, Bristol Cove and should be reflected on this plat.

 

Mr. Kidd noted that they will reflect the new name.

 

Mr. Bell noted that they have an approved tract.

 

4.         Final plat shall be recorded within 6 months of City Council approval.

INFORMATION:

1.         Resubmit one full set for DRC sign-off, once indicated by Planning and Zoning provide 15 reduced sets for the PB and CC. Once approved by City Council follow the plat recording checklist.  Please be advised that no model homes or centers will be permitted prior to recording of the final plat.  Any such structures shall also require approval of a “Mini Site Plan”.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

RECOMMENDATIONS:

1.         Recommend Approval

 

FINDING:

The DRC recommended approval with conditions.

 

4.         Case #07-05.01 – Sunrise Pest Services (Jeff Higgins, Planner)

West of Canoe Creek Road and North of Friars Cove Road

Annex/SSLUA/Zoning

 

Venita Crawford, Dennis Crawford, Charles Egger and Pat Shank were present to represent the application.

 

Mr. Nearing addressed the applicants that they are applying for Business Commercial and that the City does not put it near or adjacent to a residential property.  Canoe Creek road is a collector but that they were not on Canoe Creek Road.  There would be a problem with the City granting this, they may have considered Neighborhood Business but that an exterminator or pest control is not allowed in Neighborhood Business.  He indicated that there are two options.  The first would be to go forward and see if the council will grant the request or withdraw the application for a partial refund and see if perhaps they could find something else on 17th Street where they can get Highway Business or Business Commercial somewhere to the east on 13th Street.  He noted that the committee doesn’t want to tell them anything but the truth and the truth is that they cannot support this case.  Neighborhood Business is the best that can be done.

 

Mr. Egger noted that Megan had told them that the first option was Highway Business but they wouldn’t be able to do this because they weren’t on the Highway and then she said perhaps Neighborhood Business.

 

Mr. Nearing indicated that Megan is no longer here and that she was correct they would not be able to do Highway Business.  He noted that they could go with Business Commercial but as a Professional Planner they could not support them.

 

Mr. Crawford wanted to know if the road frontage was the problem.

 

Mr. Nearing noted that the road frontage is a problem if you want to put in a pest control because if they decide to sell someone else can come in and put in a body shop or something else.  If they decided they were getting too big for that piece of property they would be leaving a piece of property that would be able to be used next to residential.

 

Mr. Crawford noted that there is a housing development that is being put in along Friars Cove Land and that there are only 3 residents that would be affected.  That there is no access from the subdivision because there will be a wall placed there to separate them from the subdivision.

 

Mr. Groenendaal indicated that it would be the back of the homes but there will not be a wall placed there.

 

Mr. Crawford noted that when he questioned them about his view the told him he would not be losing his view.

 

Mr. Nearing indicated that if they allowed this it would be considered spot zoning.  This is when you are putting a very specific zone on a piece of property that it does not support.  He noted that they were given their two options that they could go before Planning Board and City Council or withdraw their application.

 

Mr. Egger noted that he is not in Highway Business but that if they could put it there could request a conditional use to arrange the zoning.  He indicated that they have no more room for filing cabinents and that they just need to put there things somewhere because they are growing.  He noted that they have supported the City and have placed half a million dollars for charity.  That they had to sell their old building to buy a new one and that they were already in the City.  He indicated that they are hurting for his company to have a place to grow.  They would appreciate anything that the city could do for them.

 

Mr. Nearing noted that if they were to apply for Highway Business that they would have to make an application for Conditional Use and then it depends if they get any opposition from their neighbors.

 

Mr. Crawford wanted to know if they do go forward if they would need to annex before it would go to the City Council.

 

Mr. Nearing indicated that the annexation is contingent on them going with the annexation or the zoning.  If you go forward we will have to advertise for Business Commercial as requested but the Council could go for a lower zoning.  He noted that if they want to make the January deadline they would have to decide now.

 

Mr. Egger indicated that he didn’t know they could have this zoning whether they would be able to sell it if it would revert back to the previous zoning.

 

Mr. Nearing indicated that he didn’t know if they would be able to do that because they may not be able to put on a reverter clause.

 

Mr. Groenendaal suggested that perhaps they would like to consider doing a neighborhood PUD.  This could be considered a third option.  He noted that they could do a PUD and write their own zoning category.  They could use Neighborhood Business and add exterminator to the PUD.  This would be regulated but it would be a solution and give you a clear action.  He indicated that they may need to have someone write this for them.

 

Mr. Egger indicated that they would fence in the property and that the chemicals used now are all natural and they do not have tanks filled with chemicals.

 

Mr. Nearing noted that they could advertise as Business Commercial but come with the PUD as Neighborhood Business.

 

Mr. Crawford noted that their building is adjacent to the old Chapco Feed Store building which is zoned Neighborhood Business.  He wanted to know if it was beneficial if they joined their two properties.

 

Mr. Nearing noted that they would be County but that they would be Neighborhood Business.

 

Mr. Peck wanted to know about the property that is “L” shaped.

 

There was discussion and review of the plans.

 

Mr. Nearing noted that Mr. Higgins will be able to come up a with a time table and that maybe since the other property is sold perhaps they would be able to get the new landlord to rent until they were able to finish with the zoning.

 

Mr. Egger noted that they have discussed this and they were told they would be able to rent it back for a couple of months.

 

Mr. Nearing suggested that they contact an engineer that is familiar with the City of St. Cloud.

 

Mr. Crawford wanted to know if they decide to do the PUD if they will have a good shot.

 

Mr. Nearing noted that if they go into council with staff saying yes instead of no that will help.  He indicated that staff will come up with a time frame for them to go to Planning Board and City Council.

 

Mr. Groenendaal recommended that they get an Engineer.

 

Mr. Crawford wanted to finalize that they will be requesting PUD and list Neighborhood Business as the permitted uses and add exterminator/pest control.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this annexation.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

CONDITIONS:

1.         Upon annexation, this site will receive fire protection from the St. Cloud Fire Rescue Department. In order for the site to receive the ISO rating inherent with the rest of the City, a hydrant must be located within 1000 feet of any existing structures, measured along the road right-of-way and shall not be measured across private property not designated and used as a road right-of-way. Furthermore, any future development will require standards set forth according to the City of St. Cloud’s Land Development Code.

2.         If construction plans have been approved in the county the St. Cloud Fire Rescue Department will require review of the plans before construction.

RECOMMENDATIONS:

3.         Upon annexation the Fire Rescue Department recommends moving forward in the near future with the           staffing of a Fire Station in the eastern area of the City of St. Cloud.

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No Comment

 

PLANNING

RECOMMENDATIONS:

1.         Staff does not recommend rezoning from County R-1 to City BC. This parcel does not have direct frontage to the arterial Canoe Creek Road as BC zoning implies for this district. Additionally, the surrounding properties are residential including the subject property. The adjacent property to the east has NB zoning and frontage along Canoe Creek Road.

 

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         No Comment

 

FINDING:

The DRC recommended approval with the changes.

 

5.         Case #07-07.01 – Sugar Mill MHP (Jeff Higgins, Planner)

East of Brown Chapel, South of Sand Hill MHP

Annex/SSLUA/Zoning

 

Jeff Higgins was present to represent the application.

 

Mr. Higgins explained that this was encumbered property.

 

INFORMATION:

1.         No comments on this annexation.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

CONDITIONS:

1.         Upon annexation, this site will receive fire protection from the St. Cloud Fire Rescue Department. In order for the site to receive the ISO rating inherent with the rest of the City, a hydrant must be located within 1000 feet of any existing structures, measured along the road right-of-way and shall not be measured across private property not designated and used as a road right-of-way. Furthermore, any future development will require standards set forth according to the City of St. Cloud’s Land Development Code.

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No comment

 

PLANNING

RECOMMENDATIONS:

1.         Approval of Annexation, Medium Density Residential Land Use, and MH-2 Zoning.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         No comment

 

FINDINGS: 

            The DRC recommended approval.

 

6.                   Case #07-09.01 – St. Thomas Aquinas Catholic Church (John Groenendaal, Planner)

900 Brown Chapel Road

Site Plan (Minor)

 

Mark Straite of AIA-Architects, Chris Bravo the Engineer and Father Fabian of St. Thomas Aquinas Catholic Church were present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this site plan.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

INFORMATION:

1.         Further conditions and recommendations will be addressed during the construction process.

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No comment

 

PLANNING

CONDITIONS:

1.         Proposed additions meet setbacks.

2.         Correct the zoning note on sheet C1, the correct zoning is P, Professional

 

Mr. Bravo asked if it would be appropriate to red line the change since this was the only change.

 

Mr. Groenendaal indicated that would be fine and that he would try to collect as many of the sets as plans as he could.

 

Mr. Nearing noted that they also need to initial and date the plans.

 

3.         Based on the data provided the parking on site still meets the LDC, the use of the rectory for overflow during holiday services is permitted, Coordination with the St. Cloud Police Department to create a temporary crosswalk with a officer to direct traffic is advised.

 

Mr. Bravo wanted to know if they needed something in writing from the Police Department.

 

Mr. Groenendaal noted that this was only for information.

 

Mr. Nearing indicated that traffic is usually directed to 192.

 

Mr. Straite noted that they would only have extended traffic during the Christmas and Easter time.

 

INFORMATION:

1.         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. Please be advised that the number of plans required for submittal has increased to 15 sets.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

CONDITIONS:

1.         SFWMD permit/modification is required.

 

Mr. Bravo indicated that they have submitted a letter to South Florida Water Management District and that should be forthcoming and that they have also submitted the building plans.

 

Mr. Luthie noted that they would need something from South Florida first.

 

Mr. Groenendaal indicated that once they have all the DRC signatures they can then get them down to the Building Department.

 

FINDINGS:

            The DRC recommended approval with conditions.

 

 

 

7.                   Case #07-10.01 – Sand Hill MHP (Jeff Higgins, Planner)

East of Brown Chapel, North of Sugar Mill MHP

Annex/SSLUA/Zoning

 

Jeff Higgins was present to represent the application.

 

Mr. Higgins explained that this was encumbered property.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this annexation.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         No comments.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

CONDITIONS:

1.         Upon annexation, this site will receive fire protection from the St. Cloud Fire Rescue Department. In order for the site to receive the ISO rating inherent with the rest of the City, a hydrant must be located within 1000 feet of any existing structures, measured along the road right-of-way and shall not be measured across private property not designated and used as a road right-of-way. Furthermore, any future development will require standards set forth according to the City of St. Cloud’s Land Development Code.

 

PLANNING

RECOMMENDATIONS:

1.         Approval of Annexation, Medium Density Residential Land Use, and PUD Zoning.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         No comment

 

FINDINGS:

            The DRC recommended approval

 

8.                   Case #07-11.01 – Gaston Financial Group, Inc (Jeff Higgins, Planner)

1121 Kentucky Avenue

Parking Determination

 

Gabriel Gaston of Gaston Financial Group was present to represent the application.

 

Mr. Nearing noted that it appears there is a problem with the size of the site.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this parking determination.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         Since this is a conversion from residential property to commercial property the practical solution is to allow the applicant to provide on-street parking in order to comply with the number of required parking spaces. We recommend approval of the parking request.

 

LINES DIVISION

CONDITIONS:

1.         The Lines Division does not object to this request as long as the water and sanitary sewer services are protected if they are within this area.

 

FIRE DEPARTMENT

INFORMATION:

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

 

PLANNING

RECOMMENDATIONS:

1.         Denial based on lot size too small to place parking spaces on-site.

INFORMATION:

2.         The applicant needs 5 parking spaces based on the square footage of his office. He can provide 3 spaces off the alleyway. And proposes to construct 2 spaces in the front yard along Kentucky Avenue.

 

Mr. Gaston indicated that he has taken a drawing based on the estimation of what he has and that he needs 5 parking spaces based on his square footage.  He noted that he has spoken with Mr. Mark Luthie and he suggested to him that he consider coming in from the back and then park on Kentucky Avenue putting a couple of spots in the front.  He noted he could put a couple of spaces on his property instead of on the road but would really prefer not to do that.  He indicated that he would like to put two parallel spaces on Kentucky, he noted he understood he would own the spaces that are on the street but he could use them and then the church can still use them on Sundays if they wanted too.

 

Mr. Trowell wanted to know if that was a vacant lot next to him and if he could make some sort of an agreement with the church.

 

Mr. Gaston noted that they didn’t want to make a perpetual agreement, they just purchased the property a few months ago and he indicated he didn’t think they were going anywhere.

 

Mr. Groenendaal asked about the garage, if there was room for parking.

 

Mr. Gaston indicated that he didn’t want to use the garage if he didn’t have too.

 

Mr. Nearing wanted to know from Mark Luthie if he had a problem with parking on the street.

 

Mr. Luthie noted that he didn’t have any objections.

 

Mr. Higgins indicated that the decision was not to put the parking on the street.

 

Mr. Nearing noted that he didn’t have an objection.

 

Mr. Trowell wanted to know if the garage door faced the alley.

 

Mr. Gaston indicated that it did.

 

Mr. Nearing wanted to know how much street traffic he had for his business.

 

Mr. Gaston noted that he didn’t get very much, that he usually goes to his clients and that they hardly ever come to his office unless he’s working on life insurance.  He indicated that he has had an average of about 10 clients in the last couple of months and usually they park in the church parking lot.

 

There was discussion over the map.

 

Mr. Groenendaal asked if the alley was paved.

 

Mr. Gaston indicated that it was sugar sand and that there isn’t much traffic back there.

 

Mr. Nearing noted that he would need to take this to the Planning Board for a final decision.

 

Mr. Groenendaal wanted to know if they were allowing him to count the back in the alley and then accepting the two off site parallel parking to count towards his requirement or should they look in the garage.

 

Mr. Nearing wanted to know how big the garage was that perhaps they could support a parking variation from 5 spaces to 3, two on site and three on the back.  He noted that if they agree to this that they would need to make a condition on the determination, that it applies only to low volume use and if someone uses it as a high volume use that the parking determination would become void.  He also indicted that Jeff Higgins will let him know when they would be taking it to planning board.

 

Mr. Gaston wanted to know if he already had a date set.

 

Mr. Higgins noted that he would get with him to set a date.

 

Mr. Gaston indicated he would bring in 8 copies, 11” x 17” for Planning Board.

 

Mr. Trowell noted that he would need to keep in mind that the existing house will need to be done to commercial standards.

 

Mr. Ennis noted that the back door will need to be made wider.

 

Mr. Gaston indicated that he was aware of that and that the back door will be 36” and the interior doors 32”.

 

Mr. Trowell also reminded him to make sure the bathrooms were wheelchair accessible.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         No Comment

 

FINDINGS:

            The DRC recommended approval with conditions.

 

9.                   Case #07-12.01 – Turtle Bay (Jeff Higgins, Planner)

West of Narcoossee Road, North of 10th Street

Preliminary Subdivision Plan

 

Jim Wells of Wiregrass Consulting Services was present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this preliminary subdivision plan.

 

INFORMATION TECHNOLOGY DEPARTMENT

INFORMATION:

1.         With the implementation of the Cyber Spot wireless system thru out the City of St. Cloud, “Cyber Spot

Capital Expansion” charges will apply prior to development of said property.

This fee shall be assessed as follows:

Per Residential Unit: $118.46

Per square foot of Commercial property: $0.0068

Please reference Resolution #2005-418R, Ordinance #2005-168, and Section 6.1.10.1 of the

Land Development Code.

2.         Please note that all cases do not necessarily require poles, but in the cases that do require poles, the following guidelines will apply.

1. Poles that provide a minimum mounting height of 25 feet, as recommended by the Radio manufacture and a continuous, non-switched power source, will be required, at the developer’s expense, for mounting of the radios.

2. In instances of decorative light poles, matching decorative poles, providing a minimum mounting height of 25 feet, as recommended by the Radio manufacture and a continuous, nonswitched power source, will be required, at the developer’s expense, for mounting of the radios.

3. Please note that this is a combined effort with OUC and the City of St. Cloud for the acquisition and placement of the poles that needs to be addressed by the developer during the street lighting design phase.

4. A layout of the electric system showing transformer locations and street lighting needs too be supplied to the IT department as soon as possible for determining the number of poles required and location of the poles.

5. Based on the plans submitted, the fees would be $16,584.40.

 

Mr. Wells wanted to know if there were going to be any poles required and if so where.

 

Mr. Peck indicated that they will not know until they see the layout as far as the electrical.  That’s when they start the determination with street lighting.

 

Mr. Wells wanted to know why this has anything to do with street lighting.

 

Mr. Peck noted that this is the best place to put in a light pole.  That if they are using decorative poles they will need to coordinate with OUC.

 

Mr. Wells wanted to know how many poles they will need.

 

Mr. Peck indicted he could not answer that because he has not seen the plans and they would need to set up a meeting with the IT department in order to see what they would need to come up with.

 

Mr. Wells wanted to know who he would need to talk to in IT.

 

Mr. Peck noted that he would need to talk to himself, the director and the guy that handles the wi-fi.

 

PUBLIC WORKS

CONDITIONS:

1.         The access to the property from Narcoossee Road will require a letter of intent to issue a R/W utilization permit from Osceola County prior to issuance of a “notice to proceed”.

2.         Please contact Osceola County regarding the required R/W dedication along Narcoossee Road.

3.         Will the streets be maintained privately?

 

Mr. Wells noted that they have made an application with Osceola County for a drive way permit.

 

Mr. Luthie indicated that they will need something from the county before they can move into construction the county would need to submit a letter.

 

Mr. Wells noted that they have been discussing this with the county and city and they are seeing the balls in motion that the road will get widened in the next three years, he indicted he doesn’t see themselves spending $200,000 and then that will get bulldozed in the ground.  He noted they will donate the new fee and then donate the additional right of way.  He indicated he would like to table about someway to integrate this wth the improvements on the right of way.

 

Mr. Nearing wanted to know the timing on this project.

 

Mr. Wells noted that they are moving ahead with the PSP process.  It will probably be a year before the first units are available for occupancy.

 

Mr. Luthie wanted to know what kind of an or layout would be acceptable to the county as an interim access until the road is completed.

 

Mr. Wells indicated that they have the thresholds in their Access Management Peak hour trips and they are going to keep it below the thresholds.

 

Mr. Nearing wanted to know how many units they would have.

 

Mr. Wells noted that there were 140 units.

 

CONCURRENCY MANAGEMENT

CONDITIONS:

1.         The Sewer Impact Reservation Fee $37,646.00 amount equal to 10% of required sewer impact fee is required prior to issuance of Notice to Proceed.

2.         The Sewer Impact Reservation Fee shall be credited towards the sewer impact fee for each residential dwelling unit at the time of building permit at the rate of $268.90 per lot. The balance of the sewer impact fee and all other impact and tap fees are due and payable at the time of Building Permit on a lot by lot basis.

RECOMMENDATIONS:

3.         Approval with conditions.

INFORMATION:

4.         Please be advised that the Certificate of Capacity will not be moved forward to City Council for approval until such time as the applicant notifies the Planner that it is needed. Your planner will place the item on the next available City Council agenda.

5.         The Sewer Impact Reservation Fee is calculated as 10% of the estimated sewer impact fee for the development, according to Resolution 98-27R. The estimated sewer impact fee for the project is $2,689 per dwelling unit. 140 dwelling units x $2,689= $376,460.00 x 10% = $37,646.00

 

LINES DIVISION

CONDITIONS:

1.         The Lines Division does not does not object to this Preliminary Subdivision Plan.

2.         Additional comments to be addressed at time of Construction Plan review.

 

FIRE DEPARTMENT

CONDITIONS:

1.         Add a hydrant between units 19&30,east of unit 89, between units 97&96 and between units 107&106.

2.         Delete hydrants at lots 109,100, and 95.

3.         Move the hydrant on street B west near unit 31.

4.         Fire Hydrants and Fire Protection Appliances shall have clearances of 7.5 feet front and sides and 4 foot to the rear for hydrants. (NFPA1 18.3.4.1) This includes driveways, mailboxes, trees and utilities.

5.         During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable supply of water, acceptable to the fire department, shall be provided and maintained. Completion of the base installation, including the appropriate tack coating and sanding, shall be considered sufficient for vehicular access. The following requirements must be met before water is made available to the site: (LDC 16E)

A. A clearance letter from the Florida Department of Environmental Protection (F.D.E.P.) to place a public drinking water facility into service;

B. A fire flow test by the St. Cloud Fire Department with results verifying minimum specifications have been met.

6.         Proof of adequate fire flow must be submitted to the public works department for verification prior to site plan approval by the fire rescue department.

 

Mr. Wells indicated that he had no problem with the fire department’s comments.

 

Mr. Ennis and Mr. Wells discussed the fire hydrants and the flows. 

 

Mr. Wells noted that they will have one more fire hydrant.

 

Mr. Ennis indicated that the fire flows would need to be 1500-1700 gm flow.

 

Mr. Wells indicated that they have one fire hydrant flowing at 1500 gm, but that they need to do a fire hydrant blow and an analysis.

 

OUC (ELECTRIC UTILITY)

CONDITIONS:

1.         The owner shall install all the electric conduit, primary manholes or pullboxes, concrete switchgear pads, concrete transformer pads, secondary pullboxes what is required to install the electric within the project. Please have all the conduit and pads installed and passed inspection by OUC four weeks before you need electric power. Please read the attached OUC ADVISORY NOTICE as it pertains to longer time to get electric transformers, wire and switchgears.

2.         A 10 foot wide utility easement will be required on all property line abutting a right-of-way. Other easements my be required.

INFORMATION:

1.         OUC can provide street lights for this project please contact Development Services.

2.         Please send all site and electric information to OUC Development Services

OUC Development Services

44 W. Jefferson Street

P.O. Box 3193

Orlando, FL 32802

407-236-9652 FAX 407-236-9628

E-Mail: developmentservices@ouc.com

3.         Once all the information is obtained by Development Services and Engineer will be assigned to the project.

 

PLANNING

CONDITIONS:

1.         Please submit the legal description in electronic format.

2.         Letter of authorization for the agent to act on behalf of applicant must be submitted.

3.         Name on Plans should be that of the subdivision.

4.         Need boundary survey. (The one submitted is for property on 192)

5.         Must submit document from Osceola County that Narcoossee Road improvement are within the 1st three years of the County’s Capital Improvements Element Plan.

6.         Pool/Cabana will require a mini site plan application/approval.

7.         The zoning ordinance limits the height of the buildings to 28 feet. Plans state 35 feet maximum.

8.         Landscaping adjacent R-O-W shall include one tree every 25 feet.

9.         Walls along the perimeter of the property may consist of block, brick, PVC, or a berm. Not a wooden fence.

10.        Wall along R-O-W must be consistent with the style, texture and size of other walls on abutting and nearby properties. Abutting property has a brick wall.

11.        Street C? Public Works/Public Safety concerns.

 

Mr. Higgins noted that this concern was brought up during the workshop and that there didn’t seem to be a concern.

 

Mr. Luthie indicated that they didn’t have a problem with that the main concern was that the garbage truck could back up and we decided it would be fine.

 

Mr. Wells noted that they have changed the name to “Falcon Ridge”

 

Mr. Higgins indicated that Mr. Wells will need to submit a set for DRC to sign off on and 15 reduced sets for Planning Board and City Council.

 

Mr. Wells wanted to know where he was with Planning Board and City Council.

 

Mr. Higgins indicted that we have to wait for DRC to sign off.  He then wanted to know what kind of fence they would be putting up.

 

Mr. Wells noted that it would be PVC and that the spacing will be done like Turtle Creek.

 

Mr. Groenendaal wanted to know if they were going to have a community meeting with the people in Ashley Oaks.

 

Mr. Nearing suggested that he let Mr. Quinn know that may be a good idea so that they will know what’s going on.

 

Mr. Higgins wanted to know what the height of the buildings would be.

 

Mr. Wells indicated that they would be 28 feet in height.

 

Mr. Luthie wanted to know if they were private streets.

 

Mr. Wells noted that they were.

 

Mr. Luthie indicated he wanted to know because they don’t have a compliant right of way for the public and they would need to have a variance.

 

12.        Islands within street A should be in separate tract and dedicated to the HOA.

13.        Detention pond should be in separate tract dedicated to HOA.

14.        Pool/Cabana should be in separate tract dedicated to HOA.

15.        Landscaped areas should be a tract dedicated to HOA.

RECOMMENDATIONS:

16.        Approval with conditions.

INFORMATION:

17.        Final plat is to be prepared within 6 months or as defined in 5.2.2.6

18.        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. Please be advised that the number of plans required for submittal has increased to 15 sets.

19.        Applicant shall confer with Osceola County regarding access, right-of-way permits and concurrency prior to Final Site Plan approval for any development application that impacts a County Road.

20.        Please be advised that no model homes or centers will be permitted prior to recording of the final plat.

Any such structures shall also require approval of a “Mini Site Plan”.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

CONDITIONS:

1.         A SFWMD permit/modification is required.

 

FINDINGS:

            The DRC recommended approval with conditions.

 

10.               Case #07-13.01 – Mallard Pond, Phase 3 (John Groenendaal, Planner)

South of Old Canoe Creek Road

Final Plat

 

Patty McCurdy with Johnston’s Surveying and Ryan Breadahl with KB Homes were present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments on this final plat.

 

INFORMATION TECHNOLOGY DEPARTMENT

CONDITIONS:

1.         No Comments.

 

PUBLIC WORKS

CONDITIONS:

1.         Please amend the dedication to include the dedication of the proposed drainage easements to the public.

 

LINES DIVISION

CONDITIONS:

1.         No comments.

 

FIRE DEPARTMENT

INFORMATION:

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

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         The Final Plat meets the requirements of The Orlando Utilities Commission Electric Engineering

Division

 

PLANNING

CONDITIONS:

1.         The boundary survey provided is old phase too old, your resubmittal shall have an up to date survey. Then the legal descriptions will match, presumably also.

2.         Move the dedication of tracts to the first page in the dedication box preferably.

Tract N needs to be dedicated to the HOA.

Tracts K &U are assigned to the HOA as open space on one page, then K, H1, H2, & U on the next page.

 

Ms. McCurdy noted she was surprised about moving the dedication of the tract to the dedication boxes because it has never been done in the past at least never done with a Home Owners Association.

 

Mr. Groenendaal indicated that this was preferred and not required and this is just the first place he looks. 

 

Ms. McCurdy noted that Tract N just didn’t get added to the notes.

 

3.         Unable to find where the drainage easements are dedicated to the public. Point out or correct.

 

Ms. McCurdy noted that they were drainage easements and she didn’t get that note corrected on the following sheets and it will be corrected and that they will add to the dedication.

 

4.         Wasn’t there a second means of emergency access across tract G, could that not be tracted out for the record.

 

Ms. McCurdy indicated that they would like to make that an easement for access of ingress and egress and for emergency access if that would be alright.

 

Mr. Ennis noted that it would have to be paved and that they will need to make sure that they couldn’t put anything across that end, the reason is when they come up with a final, a final constitutes 501 will have two accesses, as far as for a tract or easement he noted he wasn’t sure what the difference would be.

 

Mr. Nearing stated that a tract is best for emergency access that an easement could result in argument with owners and maintenance.

 

Mr. Breadahl noted the problem is that the road cross more than their property, they can give the tract to the property line but that doesn’t go to the road.

 

Ms. McCurdy noted that Jim Wells indicated that there was a tract over that property.

 

Mr. Groenendaal indicated that they would need to do a records research in order to verify that.

 

Mr. Ennis noted that they just need to be able to get through there, and make sure that no one puts anything into that tract.

 

Mr. Breadahl indicated that since they didn’t own it they wouldn’t be able to put a tract there.

 

Mr. Groenendaal indicated that they would need to show proof that it exist.

 

Mr. Ennis noted that they will need to have guaranteed access.

 

5.         Final plat shall be recorded within 6 months of City Council approval.

 

INFORMATION:

1.         Resubmit one full set for DRC sign-off, once indicated by Planning and Zoning provide 15 reduced sets for the PB and CC. Once approved by City Council follow the plat recording checklist

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

RECOMMENDATIONS:

1.         Recommend Approval

 

FINDINGS:

            The DRC recommended approval with conditions.

 

CONSENT AGENDA

 

            1.         Deferral of Annexation

                                    Case #06-20.46 – Cobra Construction – 530 Orange Avenue

                                    Case #07-20.01 – Meharg, Steven – 1410 Chisholm Ridge Court

 

Mr. Nearing addressed the consent agenda and wanted to know if there were any objections.

 

No Objections.

 

FINDINGS:

Consent Agenda Approved 

 

ADJOURNED: 3:32 pm