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DEVELOPMENT REVIEW COMMITTEE MINUTES

 

DATE OF MEETING:      February 6, 2003

 

LOCATION:                   Municipal Services Complex 1st Floor Conference Room

                                    2901 17th Street, St. Cloud

 

CALL TO ORDER:         2:00 P.M.

 

CHAIRMAN:                  David Nearing, Planning/Zoning Director

 

SECRETARY:               Marty Hobbs, Development Officer

 

MEMBERS PRESENT:

Dave Nearing                 Rick Mauro                    Kim Duffy                      Mark Luthie                  

Dave Ennis                    John Groenendaal          Eric Morgan                   Ron Trowell                  

Tommy Howes

 

Mr. Nearing noted that there were no members of the public present at this meeting.

           

NEW BUSINESS:

 

1.         Case #3-4.07 – Veteran Tribute “2003”

                                                Lakefront Park

                                                Special Event (March 13, 14, 15, & 16, 2003)

 

Mr. Jerry Kerwin and Mr. Tony Cianciotta were present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

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.

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.    

 

PUBLIC WORKS

INFORMATION:

1.         No comment.

 

LINES DIVISION

CONDITIONS:

1.                   The light tower will only be allowed for use until 10:30 PM. For any usage beyond would require city council approval.

 

Mr. Cianciotta noted that he was under a contractual agreement to have the wall remain lighted at all times.  He noted that he understood the staff’s concerns regarding the noise from generators and asked what the alternatives might be.

 

Mr. Mauro noted that his department had a light tower but use of it would require approval from the City Council including running the generator after 11:00 p.m.

 

Mr. Nearing noted that the applicant would need to contact the City Manager’s office to get placed on an agenda.

Page 2, DRC Minutes – 02/06/03

 

 

Mr. Cianciotta noted that he had made a request to OUC to utilize their lights but had not yet received a response.

 

Mr. Nearing recommended that the applicants speak to OUC to see if it would be possible to provide temporary power poles to which temporary lighting could be attached.

 

Mr. Cianciotta explained that he had an agreement with Parks and Recreation stating that they would provide two temporary electrical poles.

 

Ms. Duffy asked under what authority that agreement had been made.

 

Mr. Cianciotta explained that he had a letter of confirmation listing all of the items that Parks and Recreation had agreed to provide for the event.  Those items he listed included poles, tents, chairs, stage and PA system.

 

Ms. Duffy made a copy of the agreement and Mr. Howes discussed the items with the applicants.

 

Mr. Nearing recommended that the applicants meet with Mr. Howes outside of this meeting to finalize the arrangements.

 

RECOMMENDATIONS:

2.         A temporary light pole from power may be the best way to go. 

INFORMATION:

3.         The Line Systems Division has a light tower available for use, please contact Vince Jensen @ (407) 957-7341 to make arrangements for delivery, set up & pick up.

 

FIRE DEPARTMENT

CONDITIONS:

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

RECOMMENDATIONS:

2.         Since temporary power is needed, use a pole and lights instead of the light trailers. The light trailers are noisy and require trained people to operate and fuel.

 

Mr. Kerwin asked what kind of fire protection the City was looking for.

 

Fire Marshall Ennis explained that there must be a fire extinguisher on site and that the tents must meet all fire retardant requirements and requires permitting through the Building Department.

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         Will the existing electric service meet your electric requirements?

2.         For any additional temporary electric please contact OUC customer Service (2903 17th Street, St. Cloud, FL  34769; 407-957-7373).

 

POLICE DEPARTMENT

CONDITIONS:

1.                   All carrying or display of any weapons to be in accordance with Florida State Statute Chapter 790.

2.                   Private Security for the purpose of securing any type of weapons must be from a licensed and bonded Security Company.

3.                   Security of helicopter landing area must be completely secure from public access using fencing and people trained for securing a helicopter landing area. Minimum safe landing radius from any spectators is 100’. 

 

Mr. Cianciotta explained that all of the weapons used at the event would be dummies with the exception of the VFW Color Guard.

 


Page 3, DRC Comments – 02/05/03

 

 

PLANNING

CONDITIONS:

1.         Applicant to provide an original insurance binder, in the sum of $1,000,000 naming the City of St. Cloud as an insured party.  The document must be submitted to the Risk Management Division of Human Resources no later than March 6, 2003.

2.                   All food vendors shall be properly licensed and inspected pursuant to the requirements of the Department of Business Regulation.  The applicant was provided with contact information at the time of application submittal.

 

Mr. Cianciotta explained that there may be a booth selling prepackaged foods and sodas but that would be all.

 

Ms. Hobbs explained that prepackaged food and/or beverages were exempt from the requirements.

 

3.         Any use of the helicopter, other than display, will require submittal of additional insurance coverage.

4.         The applicant must contact the Parks & Recreation Department to determine if there are contracts to be signed and/or fees to be paid prior to use of the facilities and/or equipment.

5.         The application indicates need for lighting towers.  Be advised that uses of any City equipment must be coordinated directly through the department providing the service/equipment.  Lights from the towers must not cast light on any surrounding residential properties.

INFORMATION:

6.                   The application indicates that this is a 3 day event open to the public 24 hours a day.  Be advised that the event must be in compliance with Section 38-66 & 38-67 (noise ordinance).  A copy of the ordinance was provided to the applicant at the time of application submittal.

 

Mr. Kerwin noted that the event would actually run for four days.

 

7.         As a DRC approved special event, temporary signage may be utilized to advertise and or direct the public to the event.  Signs must be placed so as to prevent obstruction of view by pedestrian and/or vehicular traffic and may not be attached to street signs, utility poles, trees, etc.  Signs may not be place prior to March 7, 2003 and must be removed no later than March 17, 2003.

PARKS & RECREATION

CONDITIONS:

8.         The St. Cloud Parks & Recreation Department (SCPR) is requesting that someone meet with our representative on site to confirm the set up, per application. The first page, third page map and last page are all giving different information.

9.                   How long do they need our Sound System person? How many days? What times

 

Mr. Cianciotta noted that he would work everything out with Mr. Howes. 

 

4.         It is shown on the front sheet, two (2) 10’ x 20’ tents; the back page map list a 20’ x 30’ tent and the last page list 20’ x 20’ tents. The SCPR can only make these size tents:

*     10’ x 10’ -  20’ x 20’ - 20’ x 40’

What are the sizes that are needed? And how many?

5.         Where do they want the tables & chairs delivered too?

6.         Where do they want the trashcans delivered?

7.         They have it on the application that on Thursday, the SCPR shall drop off dumpster. This is the responsibility of the Refuse Department.

8.         The SCPR is requesting that to set up the Stage w/ramp, on Thursday instead of Friday. Conflict of installation time.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         The District has no comment regarding this project.

 

FINDING:          The DRC recommended approval with conditions.

 

SEE DRC SIGN-OFF SHEET FOR STAFF RECOMMENDATIONS

 


Page 4, DRC Minutes – 02/06/03

 

 

2.         # 03-15.01 – Jones, Fredrick

                                    1123 Florida Avenue

                                    Rezoning from R-3 to P

 

Mr. Jeremy Camp and Mr. Fred Jones were present to represent the application.

 

The proposed zoning for the property was discussed.

 

Mr. Campbell explained that the applicant would prefer to have a zoning of CBD-2 and asked if a new application would be required.

 

Mr. Nearing noted that staff could agree with CBD-2 zoning and advised the applicant that a small scale land use amendment would also be required.

 

Mr. Campbell explained that Mr. Jones wanted to make sure that he could do what was planned before the request went any further.  He provided the Committee with a copy of a proposed site plan for the project.

 

The plan was discussed with Mr. Nearing noting that there would probably need to be a variance processed that would allow use of a fence instead of a wall.

 

Mr. Campbell asked why there would be a wall on the site.

 

Mr. Nearing noted that a 6’ masonry wall would be mandatory between the commercial and residential properties.

 

Mr. Groenendaal noted that there were no requirements for walls in the CBD-2 zoning districts.  He explained that the parking would still need to be buffered though.

 

Drainage for the site was briefly discussed with Mr. Luthie noting that the site was connected to the State highway for drainage.

 

BUILDING DEPARTMENT

INFORMATION:

1.         Due to the rezoning change, the building will have to be brought up to current

            Commercial building and Handicap accessibility codes.

 

PUBLIC WORKS

INFORMATION:

1.         No comment.

 

LINES DIVISION

INFORMATION:

1.         No comment.

 

FIRE DEPARTMENT

INFORMATION:

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

 

POLICE DEPARTMENT

CONDITIONS:

1.         No Comments

 

PLANNING

CONDITIONS:

1.                   Converting of the structure to office space will require a site plan that demonstrates how the site will meet the LDC regulations. A Change in use requires any non-conformity be made compliant.

2.                   Impact fees for the new use will apply.

 

Page 5, DRC Minutes – 02/06/03

 

 

RECOMMENDATIONS:

3.         The proposed zoning brings the property into compatibility with the City Comprehensive Plan and therefore the Planning supports the rezoning.

INFORMATION:

4.         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.

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

 

PARKS & RECREATION

INFORMATION:

1.         The rezoning request will not have an impact on the St. Cloud Parks & Recreation Department until construction/development is proposed. At that time, a landscaping plan and tree survey will be required in accordance with the Land Development Code, Article VIII.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         The District has no comment regarding this project.

 

Mr. Groenendaal recommended that the applicant approach the residential property owner to the north about joining in on the rezoning.

 

Mr. Nearing noted that that property could not be used for commercial unless it was combined to another property because it wasn’t big enough unless combined with the subject property.

 

Mr. Jones asked if he would be allowed to purchase the property, provide shared parking, and rent the other building out for a commercial use such as office space.

 

Mr. Nearing explained that the property would need to be unified but he noted that it could be done.  He then noted that he didn’t think he could recommend any kind of commercial land use for that property since it could not be built upon for a commercial use.

 

Mr. Nearing asked if the alley behind the property was paved and Mr. Groenendaal noted that it was.

 

FINDING:

The applicant for this case will amend the application to reflect a request for a zoning of CBD-2.  At that time, the case will be forwarded to the Planning Board and City Council for public hearings.  A site plan will be submitted prior to any construction on the site.

 

SEE DRC SIGN-OFF SHEET FOR STAFF RECOMMENDATION

 

 


Page 6, DRC Minutes – 02/06/03

 

 

3.         Case # 03-35.01 – Poffenbaugh Ford Body Shop

 

Mr. Brad Tatsch and Mr. Russell Maynard were present to represent the application.

 

BUILDING DEPARTMENT

INFORMATION:

1.         No comments at this time.

 

PUBLIC WORKS

CONDITIONS:

1.         The retention pond discharges through an 18-inch ADS pipe connecting at the northwest corner of the intersection to an existing storm inlet.  The 18-inch proposed invert elevation is set at 76.95.  If installed as proposed the crown of the pipe may be higher than the top of the drainage inlet.  We recommend the invert elevation be specified at a lower elevation in order to be accommodated within the existing inlet. 

2.         Both driveways will connect to an un-curbed roadway.  It appears that the roadway elevation is nearly flat which will create ponding of storm water at the entrance way to each driveway.  We recommend a valley gutter made of concrete be installed to transport or convey the storm water away from the entrance way to the existing drainage system along 17th St. & Orange Ave.

3.         Please provide sufficient detail of the grading and conveyance of storm water along 17th St. and Orange Ave.  

 

CONCURRENCY MANAGEMENT

CONDITIONS:

1.                   A Certificate of Capacity approved by City Council shall be required prior to receiving a Notice to Proceed.

2.                   A Sewer Capacity Reservation Fee in the amount of $58.32, equal to 10% of the estimated sewer impact fee, shall be paid prior to receiving a Notice to Proceed.  This amount will be credited against final impact fees, which will be calculated at the time of building permit submittal based upon construction plans.

 

Mr. Tatsch asked if he needed to wait for City Council approval on the Certificate of Capacity.

 

Mr. Nearing explained that that was correct.  He also advised the representatives that the fees were subject to change and that they would have to pay those fees that were in place at the time of payment.  He then explained briefly how the concurrency process worked.

 

RECOMMENDATIONS:

3.         Staff recommends approval with conditions as given herein.

INFORMATION:

4.         The estimated sewer impact fee is based upon the ratio of $600 per 1,000 gross square feet of Industrial building area, per Resolution 98-27R.  As it applies to this project:  9,720 gross square feet of auto body shop X $600.00÷ 1,000 gross square feet = $5,832.00 estimated sewer impact fee. 10% of this amount is the Sewer Capacity Reservation Fee.

5.         A copy of current impact fees and rates are available from the Planning & Zoning Department.

6.         A Certificate of Capacity is valid for 1 year after the approval date by City Council, within which period construction must commence and be ongoing and continuous.  Otherwise, the Certificate of Capacity expires and water and sewer service is denied until such time as another Certificate of Capacity is obtained.

 

LINES DIVISION

CONDITIONS:

1.                   Re-locate the water meters to the area between the sidewalk and the fence.

2.                   Indicate the backflow preventers as reduced pressure type assemblies.

3.                   A cleanout is required every 75 feet on the sanitary sewer lateral. Add another cleanout with a note stating “brass cap required in pavement areas”.

4.                   Replace sheet numbers 5 through 9 with the most current approved City Standard Detail Drawings.

 

 

Page 7, DRC Minutes – 02/06/03

 

 

FIRE DEPARTMENT

CONDITIONS:

1.         All existing or new structures shall meet current Florida Fire Prevention Codes.

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. 6.1.21.3)

 

Mr. Maynard noted that it would be Type 6 construction.

 

Fire Marshall Ennis noted that the Type 6 construction would require the building to be sprinkled.  He explained that if the applicant did not want to do that, they would have to change the construction type.

 

INFORMATION:

3.         What class of construction will be used?

4.         What type of protection system will be used in the spray booths and mixing rooms?

5.         Depending upon construction type and protection type a water line and FDC connection needs to be shown on the plans.

6.         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. 6.1.21.3)

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

OUC (ELECTRIC UTILITY)

CONDITIONS:

1.                   If the electric service is underground, the owner will install all primary conduit and concrete transformer pad.  The secondary conduit, wire, and terminations are the responsibility of the owner.  Overhead electric service; OUC will install the poles, primary wire and secondary wire to the mast if the service is overhead.

2.                   A utility easement will be required once the location of the transformer and primary run are determined.

3.                   There may be costs to provide electric service to this project, please contact Bill Ellwood.

4.                   OUC can provide parking lot lights for this project, please contact Bill Ellwood.

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

OUC Development Services                    (407) 236-9652  Fax (407) 236-9628

Bill Ellwood                                           email: developmentservices@ouc.com

500 South Orange Avenue

P.O. Box 3193

Orlando, Florida  32802

6.                   Once all the inf9ormation is obtained by Development Services and Engineer will be assigned to the job.

 

POLICE DEPARTMENT

CONDITIONS:

1.         No Comments

 

PLANNING

CONDITIONS:

1.                   The guidelines for buffering I-2 from R-2 in Article 8 states a 6 foot wall not a fence. In this case a wall is appropriate. In addition the shrubs should be on the outside of the wall. The wall may need to be adjusted for the vision triangle at the intersection.

 

Mr. Maynard explained that there had previously been a variance provided for this site to allow fencing in lieu of the wall.

 

Mr. Nearing noted that the variance to which he referred was valid only for the previous site plan and that a new variance would have to be processed.

 

 

Page 8, DRC Minutes – 02/06/03

 

 

Timing for reviewing and approval of the project was briefly discussed with Mr. Nearing noting that it could make the March Planning Board if everything was submitted soon.

 

2.                   Noises from air wrenches and compressors, etc. must be controlled with mufflers or additional physical barriers. The City Code prohibits noise disturbances which are defined as any sound that

a.                   Endangers or injures the safety or health of humans or animals

b.                   Annoys or disturbs a reasonable person of normal sensitivities; or

c.                   Endangers or injures personal or real property.

3.                   Barbwire is not appropriate when   residential zoned property is adjacent. Will the applicant agree to waive the right to use barbwire?  The DRC may rescind this condition if it deems it appropriate

 

The representatives for the applicant noted that many of the contracts were with the Police Department and that they require the barbed wire fencing.

 

Mr. Groenendaal noted that because it was so close to a residential area, he would like to see that waived.  He recommended discussing it in conjunction with the wall issue.

 

Mr. Nearing noted that he did not think anyone would like to see the barbed wire out there because of the proximity to a residential area.

 

4.                   The landscape page is incorrectly scaled, please correct and make plantings to scale. Currently it appears like you proposed a thick 7-foot wide shrub. If so great, however the parking stalls along the north end of the property encroach in the landscaping, which it may not. Provide two feet of vehicle overhang clear of shrubs.

5.                   Show location of any signs. A monument sign is appropriate.

6.                   Any lighting on site shall be situated in such a way that no glare is permitted to shine on to the right of way or residential area.

INFORMATION:

7.         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.

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

PARKS & RECREATION

CONDITIONS:

1.         Tree Survey is incorrect. Trees that exist on site are not shown. A new survey shall be submitted. Show and label all of the trees that exist in accordance with the Land Development Code (LDC), Article VIII, Section 8.2.2(b)(4). The City Arborist will review the survey and submit information in accordance with Section 8.2.2(c). NOTE: The City Arborist acknowledges that tree mitigation requirements are shown on the landscaping plan for trees proposed for removal. However, the mitigation may be changed after review of the new tree survey.

2.         Put a different tree type along 17th Street. The proposed Live Oaks (Quercus virginiana) will not be accepted, nor any tree that will cause an impact to the overhead utilities.

3.         Put a different tree type within the interior medians that propose Live Oaks. Upon maturity, these trees will cause a negative impact to its surrounding area.

4.         According to Sheet 4 of 9, Crape Myrtle trees (Lagerstroemia indica) are proposed adjacent to the dumpster. Please add a note onto the landscaping plan stating:

All Crapes Myrtles on site shall be maintained through pruning techniques that will not cause the tree to be topped, headed-out, hat racked, and/or stubbed. This note is for code enforcement purposes.

5.         Additional buffer plantings are required to meet the existing landscaping, within the Northwest corner of the site.

6.         Show on the landscaping plan the required thirty (30%) percent calculations for the minimum landscaping of this site. Reference to Section 8.7.10 Landscaping I-l, l-ll, l-llA, l-lll.

7.         The proposed screening along 17th Street does not meet Section 8.7.2 B. Screening Walls and Landscaping.

 

OSCEOLA COUNTY PUBLIC SAFETY (911-ADDRESSING)

CONDITIONS:

1.         Prior to requesting a building permit, contact Osceola County Public Safety, 911 Addressing, for assignment of an address for the project.

 

Page 9, DRC Minutes – 02/06/03

 

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

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

 

The issue of noise generation was briefly discussed.

 

FINDING:         

The DRC recommended approval of the site plan.  The applicant will resubmit corrected plans within 60 days of this review for sign-off only.

 

SEE DRC SIGN-OFF SHEET FOR STAFF RECOMMENDATIONS


Page 10, Minutes – 02/06/03

 

 

4.         Case # 02-69.04 – Cypress Preserve

                                                W. of Canoe Creek Rd; N. of Canoe Creek Woods Subdivision

                                                Rezoning to R-1B

 

Mr. Nearing noted that this case had been withdrawn indefinitely and there was no discussion regarding this case.

 

BUILDING DEPARTMENT

INFORMATION:

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

 

PUBLIC WORKS

INFORMATION:

1.         No comment.

 

LINES DIVISION

1.         No comment.

 

FIRE DEPARTMENT

INFORMATION:

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

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No comment.

 

POLICE DEPARTMENT

CONDITIONS:

1.         No comment

 

PARKS & RECREATION

CONDITIONS:

1.         This will not cause an impact on the St. Cloud Parks & Recreation Department, at this time.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         The District has no comment regarding this project.

 

FINDING:

The case was withdrawn by staff.  No action was taken.


Page 11, DRC Minutes – 02/06/03

 

 

5.         Case # 03-38.01 – Holiday Chevrolet

                                                3550 13th Street

                                                Annexation, LUA & Zoning

 

Mr. John Ritch was present to represent the application.

 

Mr. Nearing noted that this was a standard annexation.  He explained that the staff was recommending a land use of commercial with a zoning of Highway Business.  He then explained some of the benefits to annexation of the property such as the favorable ISO rating and lower utility rates.

 

Mr. Ritch had no comments or questions of the Committee.

 

BUILDING DEPARTMENT

INFORMATION:

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

 

PUBLIC WORKS

INFORMATION:

1.         No comment.

 

LINES DIVISION

INFORMATION:

1.         No comment.

 

FIRE DEPARTMENT

INFORMATION:

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

 

OUC (ELECTRIC UTILITY)

INFORMATION:

1.         No comment.

 

POLICE DEPARTMENT

CONDITIONS:

1.         No Comments

 

PLANNING

RECOMMENDATIONS:

1.                   The annexation is contiguous and reduces the area of an enclave.

2.                   The proposed land use of Commercial and HB zoning are both compatible with the area.

INFORMATION:

3.         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.

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

 

PARKS & RECREATION

CONDITIONS:

1.                   This request will have an impact on the St. Cloud Parks & Recreation Department at the time of construction/development.

 

Ms. Duffy noted that he comment could be deleted.

 

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

INFORMATION:

1.         The District has no comment regarding this project.

 

 

 

Page 12, DRC Minutes – 02/06/03

 

 

FINDING:

The Committee recommended approval of the request.  The case will be forwarded to the Planning Board and City Council for public hearings.

 

SEE DRC SIGN-OFF SHEET FOR STAFF RECOMMENDATIONS

 

ADJOURNMENT:           The meeting was adjourned at 2:55 p.m.