Pledge of Allegiance Roll Call Approval of Minutes Planning Commission Meeting, February 21, 2017

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1 CITY OF ST. CLOUD PLANNING COMMISSION AGENDA th STREET; BUILDING A, 3 rd FLOOR, CITY COUNCIL CHAMBERS TUESDAY, MARCH 21, 2017, 6:00 PM OPENING BUSINESS: Pledge of Allegiance Roll Call Approval of Minutes Planning Commission Meeting, February 21, 2017 ACTION ITEMS: A. Ordinance No Ashton 28/Lot 48 - Comprehensive Plan Future Land Use Map Amendment (Small Scale) DRC Case # Applicant: Location: Request: H.R. Thornton, Jr., Trustee for Ashton 28 Partnership West of Hickory Tree Road and approximately 1,300 feet south of East Irlo Bronson Memorial Highway Applicant is requesting consideration of a Future Land Use Map Amendment of approximately 7.85 acres of land from Commercial (City) to Industrial (City). B. Ordinance No Ashton 28/Lot 48 - Zoning DRC Case # Applicant: Location: Request: H.R. Thornton, Jr., Trustee for Ashton 28 Partnership West of Hickory Tree Road and approximately 1,300 feet south of East Irlo Bronson Memorial Highway Applicant is requesting consideration of an I-2 Industrial 2 Zoning district for approximately 7.85 acres. C. Resolution No R JJCC Assembly of God Church Conditional Use DRC Case # Applicant: Location: Request: Norma Vazquez, Jehovah Jireh Community Church Assembly of God, Inc Eastern Avenue Applicant is requesting consideration of a Conditional Use for the expansion of a Place of Worship in the R-2 Single and Two-Family Dwelling Zoning District. 1

2 D. Ordinance No R Kids World Learning Academy, LLC Conditional Use DRC Case # Applicant: Location: Request: Adriana Hernandez, Kids World Learning Academy, LLC 2923 Canoe Creek Road Applicant is requesting consideration of a Conditional Use for a Child care center at 2923 Canoe Creek Road in the HB Highway Business Zoning District. If a person decides to appeal any decision made by the Committee/Board, with respect to any matter considered at such hearing/meeting, such person will need a record of the proceedings and, for this purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, and which record is not provided by the City of St. Cloud (FS ). In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the Secretary/Clerk of the Committee/Board listed, prior to the meeting (FS286.26). Sandy Miville, Planning Commission Secretary; th Street; St. Cloud, FL 34769; (407) or smiville@stcloud.org 2

3 CITY OF ST. CLOUD PLANNING COMMISSION MINUTES th STREET; BUILDING A, 3 rd FLOOR, CITY COUNCIL CHAMBERS TUESDAY, FEBRUARY 21, 2017, 6:00 PM OPENING BUSINESS: A. Introduction of new Planning Commission members City Attorney Jack Morgeson introduced himself, welcomed the current and new members of the Planning Commission, identified the names and seat numbers, and explained the process for nominating and electing Chairperson and Vice Chairperson. B. Nomination and election of Chairperson Mario Galvan provided a nomination of Peter Vitelli for Chairperson. Jeff Rivera provided a second to the motion. Rosa Holloway provided a nomination of Mario Galvan for Chairperson. Peter Vitelli provided a second to the motion. The vote for election of the first nominee, Peter Vitelli, as Chairperson was called. The nomination received 3 votes. Peter Vitelli shall serve as Chairperson. C. Nomination and election of Vice Chairperson Mr. Vitelli called for nominations of Vice Chairperson. Mario Galvan provided a nomination of Rosa Holloway for Vice Chairperson. Jeff Rivera provided a second to the motion. Peter Vitelli provided a nomination of Mario Galvan for Vice Chairperson. Rosa Holloway provided a second to the motion. The vote for election of the first nominee, Rosa Holloway, as Vice Chairperson was called. The nomination received 5 votes. Rosa Holloway shall serve as Vice Chairperson. Mr. Morgeson announced the joint workshop with the Planning Commission and Zoning Board of Adjustment and Appeals is to be held on Wednesday, March 8, 2017, at 6:00 pm. Mr. Morgeson briefly reviewed the Sunshine Law for new members present. At this time, Mr. Vitelli called the meeting to order. Pledge of Allegiance Roll Call Peter Vitelli, Chair (present) Rosa Holloway, Vice Chair (present) Mario Galvan, (present) Dr. Jeff Rivera (present) Brandon Whaley (present) John Goldsborough, Alternate (present) Rafael Herrera, Alternate (present) Brian Kepner, School District non-voting member 1

4 Staff Representatives Veronica Miller, Growth Management Services Administrator André Anderson, Planning & Zoning Manager Christopher Widmer, Planner II Jack Morgeson, City Attorney Approval of Minutes Planning Commission Meeting, January 17, 2017 Ms. Holloway provided a motion to approve the minutes for January 17, Mr. Whaley provided the second to the motion. The vote was 5-0 with all members voting aye. ACTION ITEMS: A. Ordinance No Ralph Miller Road Annexation DRC Case # Applicant: Location: Request: South Nona Holdings, LLC 4965 Ralph Miller Road Applicant is requesting annexation of approximately 4.44 acres of land into the City. Chris Widmer, Planner II, presented the case, noted this is a voluntary annexation, meets the criteria for annexation, is consistent with the Comprehensive Plan, and the DRC and staff recommend approval of the request. Quang Lam, Lam Civil Engineering, Inc., 1320 West Pine Street, Orlando, represented the owner and was present to respond to questions. Bradley Scott Hensley, 5001 Ralph Miller Road, asked what is planned and how it will impact his property. Mr. Vitelli noted the project concept will be discussed when the Zoning item is heard. Mr. Galvan made a motion to recommend approval of Ordinance with consideration of the sixteen findings and staff recommendation. Ms. Holloway provided a second to the motion. The vote was 5-0 with all members voting aye. B. Ordinance No Ralph Miller Road Comprehensive Plan Future Land Use Map Amendment (Small Scale) DRC Case # Applicant: Location: Request: South Nona Holdings, LLC 4965 Ralph Miller Road Applicant is requesting consideration of a Future Land Use Amendment of approximately 4.44 acres of land from Commercial (County) to Commercial (City). 2

5 Mr. Widmer presented the case, noted the request is for commercial, it is consistent with the Comprehensive Plan and compatible with the area, no adverse impacts were noted on City facilities and school capacity, and the DRC and staff recommend approval of the request. Quang Lam, Lam Civil Engineering, Inc., 1320 West Pine Street, Orlando, represented the owner and was present to respond to questions. Ms. Holloway asked what type of business could be in Commercial. Mr. Widmer noted the concept received is basically for office property; the types of businesses refer to the zoning district. Ms. Holloway asked for confirmation that industrial use is not planned. Mr. Vitelli asked about the Police Department comment about increasing calls for service. Mr. Widmer noted that the annexation will make this another location that would require police service. Ms. Holloway made a motion to recommend approval of Ordinance Mr. Galvan provided a second to the motion. The vote was 5-0 with all members voting aye. C. Ordinance No Ralph Miller Road Zoning DRC Case # Applicant: Location: Request: South Nona Holdings, LLC 4965 Ralph Miller Road Applicant is requesting consideration of a zoning designation of HB Highway Business for approximately 4.44 acres of land. Mr. Widmer presented the case, reviewed the current and proposed zoning and the maximum floor ratio used to determine the density permitted, and noted: o the request is a logical transition and is compatible with surrounding area o three proposed buildings are shown in the concept site plan provided o the DRC and staff recommend approval of the request based on the sixteen findings Mr. Goldsborough noted the vacant land to the north and east is low density residential, this will increase the traffic count on Ralph Miller Road, and asked if a traffic study will be done. Mr. Widmer noted the future land use is commercial. Quang Lam, Lam Civil Engineering, Inc., 1320 West Pine Street, Orlando, represented the owner and was present to respond to questions. Mr. Galvan asked about buffers around the site. Mr. Lam noted the development will provide for the required setbacks, landscape buffers, and noted the location of the retention pond on the site will be part of buffer. Mr. Galvan noted the retention pond will solve the drainage issue. B. Scott Hensley, 5001 Ralph Miller Road, asked what type of buffers will be provided and what type of patrol will be provided by police because it is currently a dirt road. Ms. Holloway and Mr. Galvan noted the section of road will be paved and utilities and other requirements will be reviewed at the site plan stage. Mr. Hensley asked how much more does the City plan on expanding. Mr. Galvan noted this annexation is the applicant s request. Mr. Hensley asked if some time in the future he can request annexation. 3

6 Mr. Galvan made a motion to recommend approval of Ordinance with consideration of the sixteen findings and DRC and staff recommendation. Ms. Holloway provided a second to the motion. The vote was 5-0 with all members voting aye. ADJOURNMENT: 6:36 pm Respectfully submitted: Peter Vitelli, Chair Date Sandy Miville, Planning Commission Secretary Date 4

7 Planning Commission Staff Report March 21, 2017 DRC Case # Ordinance No Type of Application Future Land Use Map Amendment (Small Scale) Case Name Ashton 28/ Lot 48 Applicant/Owner H.R. Thornton, Jr., Trustee for Ashton 28 Partnership Agent Susan Abshire Address Hickory Tree Road Parcel ID # Total Land Area +/ acres Project Planner Christopher Widmer Figure 1 Location Map REQUEST The applicant is requesting consideration of a Future Land Use Map Amendment of approximately 7.85 acres of vacant land from Commercial (City) to Industrial (City). BACKGROUND The subject property is located west of Hickory Tree Road and approximately 1,300 feet south of East Irlo Bronson Memorial Highway. The vacant parcel is made up of Lot 48 and 33, which were combined into a single parcel when annexed into the City on January 25, The current Future Land Use designation is Commercial (City) and the proposed Future Land Use designation would replace it with Industrial (City). The Comprehensive Plan s Future Land Use and Existing Land Uses for the surrounding properties are indicated in the table below. TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North East South West HB Highway Business (City) RS-1 (County) HB Highway Business (City) IG Industrial General (County) Commercial (City) Low Density Residential (County) Commercial (City) Industrial (County) Vacant (City) Single Family (County) Vacant (City) Mobile Home (County) Page 1 of 4

8 CONSISTENCY WITH THE ST. CLOUD COMPREHENSIVE PLAN In preparing the recommendation, staff reviewed the proposed amendment for consistency with the Goals, Objectives and Policies of the City of St. Cloud 2020 Comprehensive Plan. The subject property is currently within the city. The current Future Land Use designation for this property is Commercial (City) and the corresponding zoning designation is HB Highway Business (City). It is important that this Future Land Use Amendment be consistent with the Comprehensive Plan and compatible with adjacent industrial development to the west. The applicant is requesting I-2 Industrial 2 zoning district to be consistent with the adjacent properties. The property to the west is designated for Industrial (County) Future Land Use and zoned IG Industrial General (County), which is compatible to I-2 Industrial 2 (City) zoning based on the St. Cloud Osceola County Zoning Conversion Table in Section A of the Land Development Code. Figure 2 below depicts the current Future Land Use designations within the city and the county. Figure 2 St. Cloud Future Land Use Map This is consistent with Chapter 1.C.3.c of the Comprehensive Plan on Industrial Uses of Future Land Use Needs as stated below. Industrial Land Use Needs - Projections for 2020 show Industrial land uses to reach 4% of the total projected City land area. The additional industrial land is anticipated on the south side of 13 th street on the east side of the City. The applicant provided a preliminary layout for future development and will be similar in appearance and approximate development intensity to adjacent industrial properties. IMPACTS TO FACILITIES Anticipated impacts to water, sewer, transportation, solid waste, drainage, recreational facilities and public schools are addressed in the sections that follow. Additionally, available capacity will be further reviewed Ordinance No Page 2 of 4 Ashton 28/ Lot 48 Case No

9 with subsequent development applications for the site, which require technical review and must meet all Land Development Code requirements, including standards for the provision of public facilities and services. Future development applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: Water and sewer service are available with extensions. Connection to the sanitary sewer system may require upgrading of the existing lift station. This will be determined at time of submittal of the construction plans. The subject property will be required to connect to potable water and sanitary sewer once developed. 2. Transportation Facilities Analysis: The City of St. Cloud will continue to coordinate with the Florida Department of Transportation (FDOT) and Osceola County to determine any adverse impacts to Strategic Intermodal System (SIS) facilities and any potential future development. Subdividing can occur in accordance with the LDC, however, any future proposed development may require a transportation impact analysis. 3. School Capacity Analysis: No Impact on Public Schools. 4. Solid Waste Analysis: The subject property can be served by the current collection system. The City of St. Cloud operates the Transfer Station located in St. Cloud at Peghorn Park. This allows the City to maintain its current Level of Service for solid waste. 5. Drainage Analysis: The City s Public Services Department currently uses adopted and accepted standards for management of stormwater. Protection of natural drainage systems through preservation and buffering have been incorporated into the City s Land Development Code (LDC) for consistent application throughout the City s jurisdiction. Regarding the subject property, no stormwater management has been approved by Osceola County or the City of St. Cloud. Drainage improvement will need to be installed by the applicant/developer at the time of the property development in accordance with City Land Development Code requirements, requirements of the South Florida Water Management District, and (if applicable) the Florida Department of Transportation. DRC/STAFF RECOMMENDATION The Development Review Committee reviewed this request for a Future Land Use designation of Commercial on or before February 15, 2017, with no objections. Additional information was provided: Planning Information: 1. For industrial use in proximity to residential refer to City Land Development Code 8.7.9, that provides direction on buffer yards for I-2 Industrial 2 zoning abutting any residential district. Ordinance No Page 3 of 4 Ashton 28/ Lot 48 Case No

10 School District Information: 1. The change in land use classification to Industrial will not impact Public Schools. DRC recommends APPROVAL of the proposed Commercial Future Land Use Map Amendment. PLANNING COMMISSION REQUIRED ACTION Per Section B.2 of the Land Development Code, the Planning Commission shall review annexation, land use, and zoning petitions and submit its recommendations to the City Council based on the 16 required findings identified in Section C.2.a of the Land Development Code. ATTACHMENTS Ordinance No Required Findings School Capacity Report Ordinance No Page 4 of 4 Ashton 28/ Lot 48 Case No

11 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A FUTURE LAND USE DESIGNATION OF INDUSTRIAL TO APPROXIMATELY 7.85 ACRES, LOCATED WEST OF HICKORY TREE ROAD AND APPOXIMATELY 1,300 FEET SOUTH OF EAST IRLO BRONSON MEMORIAL HIGHWAY; PROVIDING FOR AMENDING THE OFFICIAL FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN, FILING OF THE PLANNING COMMISSION RECOMMENDATION AND PROOF OF PUBLICATION, APPLICABILITY AND EFFECT, SEVERABILITY, COPIES ON FILE AND EFFECTIVE DATE. WHEREAS, Chapter , Florida Statutes, and Article VII, of the Charter Laws of the City of St. Cloud, allows the City Council of the City of St. Cloud to prepare and enforce a Comprehensive Plan and under such authority only lawful procedures and requirements have been met; and, WHEREAS, the City adopted the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, by Ordinance , on September 26, 2002; and, WHEREAS, pursuant to Chapter , Florida Statutes, the City Council of the City of St. Cloud has determined it necessary and desirable to adopt the amended version of the City of St. Cloud, Florida, Comprehensive Plan; and, WHEREAS, this Ordinance is enacted under the authority of Chapter through and Chapter 166, Florida Statutes, as amended, reserving to the City Council of the City of St. Cloud all permitted discretionary authority; and, WHEREAS, this small scale land use amendment meets all requirements of Chapter (1) (c), Florida Statutes; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated March 21, 2017; and, WHEREAS, the City Council has at least one (1) hearing on this matter consistent with the requirements of Chapter (2) Florida Statutes, and advertisement and notice being consistent with the requirements of Chapter (3)(c)1 and 2.b., Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION 1: All information above is true and correct. Ordinance No Ashton 28/ Lot 48 Page 1 of 4 DRC Case #

12 SECTION 2: The City of St. Cloud, Florida, Comprehensive Plan is amended in the following respects to the property, identified under Comprehensive Plan Amendment shown on Exhibit A and described as follows: LOT 33 AND LOT 48, THE SEMINOLE LAND & INVESTMENT CO. S (INCORPORATED) SUBDIVISION OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 31 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 23 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, LESS AND EXCEPT ROAD RIGHT OF WAY. CONTAINING 7.85 ACRES, MORE OR LESS. A. The City of St. Cloud Future Land Use Map, 2020, is amended to show the property as "INDUSTRIAL ; B. Any and all additional maps of the Comprehensive Plan are amended to show the property; C. All Goals, Objectives, Policies, and other planning provisions applicable to properties as shown and set forth in the City of St. Cloud, Florida, Comprehensive Plan apply to the property. SECTION 3: The City Manager is authorized and directed to promptly enter changes on the Official Future Land Use Map. SECTION 4: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a corrected copy of this ordinance in the official records of the City. SECTION 5: Upon adoption of this ordinance, the Planning Commission recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 6: The applicability and effect of the City of St. Cloud, Florida, Comprehensive Plan shall be as provided by Chapter through , Florida Statutes, and this Ordinance, reserving to the City Council of the City of St. Cloud all permitted discretionary authority. SECTION 7: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Ashton 28/ Lot 48 Page 2 of 4 DRC Case #

13 SECTION 8: A. A certified copy of the enacting ordinance and any amendments shall be filed with the Clerk of the Circuit Court. B. A certified copy of the enacting ordinance, as well as certified copies of the City of St. Cloud, Florida, Comprehensive Plan and any amendments, shall be on file and made available to the public in the office of the City Clerk of the City of St. Cloud, Florida. C. To make the City of St. Cloud, Florida, Comprehensive Plan available to the public, a certified copy of the enacting ordinance, as well as certified copies of the City of St. Cloud, Florida, Comprehensive Plan and any amendments, shall be located in the Department of Planning and Zoning of the City of St. Cloud. The Department of Planning and Zoning shall also make copies available to the public for a reasonable publication charge. SECTION 9: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 23 rd day of March, 2017 Second Reading on the 13 rd day of April, 2017 ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, SIMMONS, KNIGHT, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S. Ordinance No Ashton 28/ Lot 48 Page 3 of 4 DRC Case #

14 EXHIBIT A Ordinance No Ashton 28/ Lot 48 Page 4 of 4 DRC Case #

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16 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT SDOC # 2016/ DRC#: Current FLU: Commercial Requested FLU: Industrial PROJECT NAME: Ashton 28/Lot 48 Land Use Amendment Current Zoning: Highway Business PROJECT LOCATION: 2170 Hickory Tree Road Requested Zoning: Industrial 2 COMMENTS DUE DATE: February 15, 2017 PID#: The change in land use classification to Industrial will not impact Public Schools. Page 1 of 1 February 9, 2017 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\Ashton 28-Lot 48\ , Land Use Amendment.docx (Rev )

17 Planning Commission Staff Report March 21, 2017 DRC Case # Ordinance No Type of Application Zoning Case Name Ashton 28/ Lot 48 Applicant/Owner H.R. Thornton, Jr., Trustee for Ashton 28 Partnership Agent Susan Abshire Address Hickory Tree Road Parcel ID # Total Land Area +/ acres Project Planner Christopher Widmer Figure 1 Location Map REQUEST The applicant is requesting consideration of a zoning district of I-2 Industrial 2 for approximately 7.85 acres of land as shown on Figure 1 above. BACKGROUND The subject property is located west of Hickory Tree Road and approximately 1,300 feet south of East Irlo Bronson Memorial Highway. The parcel is made up of Lot 48 and 33, which were combined into a single parcel at the time it was annexed into the City on January 25, The current Future Land Use designation is Commercial (City), and a Zoning district of HB Highway Business (City). The applicant is proposing a Zoning designation of I-2 Industrial 2, which is consistent with the proposed Future Land Use designation of Industrial. FINDINGS The proposed zoning is consistent with the proposed Industrial Future Land Use and is a logical extension of the existing development pattern in the area. The property to the west is designated for Industrial (County) Future Land Use and zoned IG Industrial General (County), which is compatible to I-2 Industrial 2 (City) zoning district based on the St. Cloud Osceola County Zoning Conversion Table in Section A of the Land Development Code. The properties to the north and south are vacant and located within the city with a zoning district of HB Highway Business (City). Figure 2 depicts the current zoning within the city and county. Page 1 of 2

18 Figure 2 Zoning Map DRC/STAFF RECOMMENDATION The Development Review Committee reviewed the request for an I-2 Industrial 2 Zoning on or before February 25, 2017 with no objections. Additional information was provided: Planning Information: 1. For industrial use in proximity to residential refer to City Land Development Code Section 8.7.9, that provides direction on buffer yards for I-2 Industrial 2 zoning abutting any residential district. School District Information: 1. The change in zoning to Industrial-2 (I-2) will not impact Public Schools. DRC recommends APPROVAL of the request for an I-2 Industrial 2 Zoning District. PLANNING COMMISSION REQUIRED ACTION Per Section B.2 of the Land Development Code, the Planning Commission shall review annexation, land use, and zoning petitions and provide recommendations to the City Council based on the 16 required findings identified in Section C.2.a of the Land Development Code. ATTACHMENTS Ordinance No Required Findings School Capacity Report Site Concept Plan Ordinance No Page 2 of 2 Ashton 28/ Lot 48 Case No

19 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING TH STREET ST. CLOUD, FL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF "I-2 INDUSTRIAL 2, COMPATIBLE WITH AN INDUSTRIAL FUTURE LAND USE DESIGNATION CHANGE, ADOPTED BY ORDINANCE NO , FOR APPROXIMATELY 7.85 ACRES, LOCATED WEST OF HICKORY TREE ROAD AND APPROXIMATELY 1,300 FEET SOUTH OF EAST IRLO BRONSON MEMORIAL HIGHWAY; PROVIDING FOR ENTERING THE DESIGNATION ON THE OFFICIAL ZONING MAP, FILING OF THE PLANNING COMMISSION RECOMMENDATION AND PROOF OF PUBLICATION, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, zoning districts are required to be consistent with Comprehensive Plan of the City of St. Cloud; and, WHEREAS, the City Council of the City of St. Cloud Ordinance No has amended the Future Land Use Map of the Comprehensive Plan designating the property as "Industrial ; and WHEREAS, the proposed zoning is consistent with the Industrial designation; and, WHEREAS, the property described below is less than five percent (5%) of the total land area of the City of St. Cloud; and, WHEREAS, the City Council has received the recommendation of the Planning Commission dated March 21, 2017; and, WHEREAS, the City Council has held a Public Hearing on this matter after public notice has been provided, as required by law; and, WHEREAS, it is in the best interest of the City of St. Cloud and its citizens that the proposed rezoning be approved. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That Ordinance No. 87-HH of the City of St. Cloud, Florida, passed and adopted October 1, 1987, and any amendments to the ordinance, being the Land Development Code of the City of St. Cloud, Florida, is hereby amended to include and designate on the Official Zoning Map an I- Ordinance No Page 1 of 4 Ashton 28/ Lot 48 DRC Case #

20 2 Industrial 2 zoning district classification for the following property, as also shown in Exhibit A : LOT 33 AND LOT 48, THE SEMINOLE LAND & INVESTMENT CO. S (INCORPORATED) SUBDIVISION OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 31 EAST, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 23 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, LESS AND EXCEPT ROAD RIGHT OF WAY. SECTION 2: The property is rezoned to I-2 Industrial 2, making applicable all provisions of the Land Development Code of the City of St. Cloud, Florida. SECTION 3: The City Manager or their designee is authorized and directed to promptly enter such change on the Official Zoning Map. SECTION 4: Upon adoption of this ordinance, the Planning Commission recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 5: The City Clerk, after consultation with the City Attorney, is authorized to correct scrivener s errors found by filing a correct copy of this ordinance in the official records of the City. SECTION 6: If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this ordinance. Ordinance No Page 2 of 4 Ashton 28/ Lot 48 DRC Case #

21 SECTION 7: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 23 rd day of March, 2017 Second Reading on the 13 th day of April, 2017 ATTEST: Nathan Blackwell, Mayor Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Pursuant to Section (3) (f), this instrument exempt from Chapter 695, F.S. Ordinance No Page 3 of 4 Ashton 28/ Lot 48 DRC Case #

22 EXHIBIT A Ordinance No Page 4 of 4 Ashton 28/ Lot 48 DRC Case #

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24 THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA PLANNING SERVICES DEPARTMENT SCHOOL CAPACITY REPORT SDOC # 2016/ DRC#: Current FLU: Commercial Requested FLU: Industrial PROJECT NAME: Ashton 28/Lot 48 Zoning Amendment Current Zoning: Highway Business PROJECT LOCATION: 2170 Hickory Tree Road Requested Zoning: Industrial 2 COMMENTS DUE DATE: February 15, 2017 PID#: The change in zoning to Industrial-2 (I-2) will not impact Public Schools. Page 1 of 1 February 9, 2017 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\Ashton 28-Lot 48\ , Zoning Amendment.docx (Rev )

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26 Planning Commission Staff Report Meeting Date: March 21, 2017 DRC Case # Resolution No R Type of Application Conditional Use Case Name JJCC Assembly of God Church Applicant/Owner Norma Vazquez, Jehovah Jireh Community Church Assembly of God, Inc. Agent Raymond C. Stangle II, Jordan & Associates Consulting, Inc. Address/Location 1406 Eastern Ave Parcel ID # , Total Land Area +/ acres REQUEST Figure 1 Location Map The applicant is requesting approval of a Conditional Use for a Place of Worship at 1406 Eastern Avenue in the R-2 Single and Two-Family Dwelling Zoning District, as shown on Figure 1 above. BACKGROUND The subject property has a Future Land Use designation of Medium Density Residential and a zoning designation of R-2 Single and Two-Family Dwelling. A Place of Worship, with their attendant education/recreational buildings, including schools, is a conditional use in the R-2 Zoning District. Currently the JJCC Assembly of God Church is operating at this location. The Conditional Use request is to provide for the expansion of the existing church and school. The expansion will be from the existing 150-seat church and 70-student school to a 380-seat church and 120-student private K-12 school. The Comprehensive Plan s Future Land Use and Existing Land Uses for the surrounding properties are indicated in the table below. Project Planner Shuo Liu Page 1 of 5

27 Table 1: Zoning & Future Land Use of Neighboring Properties Direction Zoning Future Land Use Existing Land Use North HB (City) Commercial(City) Commercial (City) East South West PD(County), IG (County), PUD(City), and P (City) R-2 (City) R-2 (City) Industrial(County &City) Medium Density Residential(City) Medium Density Residential(City) Warehouse(County & City), Office(County), Vacant Commercial(County), and Church(City) Single Family Residential (City) Single Family Residential (City) Figure 2 and Figure 3 below depict the current Zoning districts and Future Land Use designations within the city and county. Figure 2 Zoning Map Resolution No R Page 2 of 5 JJCC Assembly of God Church Conditional Use Case No

28 Figure 3 Future Land Use Map The applicant has also provided the Preliminary Site Plan as shown in Figure 4 below, depicting the existing and proposed buildings, parking lot and landscape layout, and the floor plans for the church and the school. The existing church will be altered to a 120-seat auditorium, 9 classrooms/offices. The new structure will be built on the south side of the existing building, as for the proposed church. All parking will be on-street or off-site parking. Resolution No R Page 3 of 5 JJCC Assembly of God Church Conditional Use Case No

29 DRC/STAFF RECOMMENDATION Figure 4 Preliminary Site Plan The Development Review Committee reviewed this request for a Conditional Use on or before February 23, The Development Review Committee had no objections and provided the following informational comment: Concurrency Management Additional Transportation Impact Fee may be assessed. Fire Department 1. A supervised automatic fire sprinkler system is required. 2. A review of building plans will be completed at a later stage of the project to address any issues related to number and location of exits, exit/emergency lighting, fire alarm, extinguishers, etc. Police Department The property will impact the Police Department by increasing the calls for service. PLANNING COMMISSION REQUIRED ACTION Section B.5 of the Land Development Code states that the Planning Commission is empowered to hear all conditional uses specifically provided for in these zoning regulations; to decide such questions as are involved in recommending whether or not conditional uses should be granted; and to recommend to City Council whether conditional uses with such conditions and safeguards are reasonable and appropriate under Resolution No R Page 4 of 5 JJCC Assembly of God Church Conditional Use Case No

30 these zoning regulations. The applicant has provided responses to the six factual matters identified in Section C.5.b. These factual matters shall be considered by the Planning Commission in making its recommendation to the City Council. Attachments Resolution No R Applicant Response to the Six Factual Matters Resolution No R Page 5 of 5 JJCC Assembly of God Church Conditional Use Case No

31 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A CONDITIONAL USE FOR THE EXPANSION OF A PLACE OF WORSHIP USE AT 1406 EASTERN AVENUE, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant, Norma Vazquez, Jehovah Jireh Community Church Assembly of God, Inc., has made application for a Conditional Use for the expansion of a Place of Worship use at 1406 Eastern Avenue and has been assigned DRC Case No ; and WHEREAS, the Planning Commission held a public hearing on this request on March 21, 2017, at which it made a recommendation of approval; and WHEREAS, the City Council held a public hearing on this request on March 23, 2017, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.5 of the Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1. The subject property to which this conditional use is applicable is described below, and as shown in Exhibit A : LOTS 1, 2, 3 AND 4, BLOCK 351, THE SEMINOLE LAND & INVESTMENT CO'S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. AND LOTS 1, 2, 3 AND 4, BLOCK 350, THE SEMINOLE LAND & INVESTMENT CO'S (INCORPORATED) MAP OF TOWN OF ST. CLOUD, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGES 33 AND 34, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. CONTAINING ACRES, MORE OR LESS. SECTION 2. The Conditional Use is for the expansion of a Place of Worship in the R-2, Single and Two- Family Dwelling zoning district, as listed in the Land Development Code. SECTION 3. The City Council has determined that the granting of the conditional use will not adversely affect the public interest, but rather will promote the health, safety and general welfare. This determination is based upon, but not limited to, consideration of the following factual matters in Section C.5.b of the Land Development Code: Resolution No R JJCC Assembly of God Church Page 1 of 3 DRC Case #

32 a. Is the conditional use consistent with the general pattern of land development within the zoning district? b. Is the conditional use consistent with the trends of development in the area or neighborhood, as opposed to being detrimental to the area or neighborhood? c. Is the conditional use consistent with the patterns of development intensity in the area or neighborhood? d. Does the conditional use have reasonable effect on existing traffic patterns, movements and intensities without adverse impacts? e. Is the conditional use consistent with the City's Comprehensive Plan? f. Can the conditional use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels? SECTION 4. The following conditions are applicable to this conditional use of the subject property: 1. The main auditorium of the expanded church shall not have more than 380 seats. 2. The expanded school shall not have more than 120 students. SECTION 5. The conditional use granted by this resolution shall expire twelve (12) months after the effective date of such action by the City Council unless any required local business tax receipt or building permit based upon and incorporating the conditional use is obtained within one year of the approval date of this resolution. SECTION 6. This resolution shall take effect immediately upon its adoption by the City of St. Cloud, Florida. ADOPTED this 23 rd day of March, ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal Nathan Blackwell, Mayor By: Daniel F. Mantzaris, City Attorney Resolution No R JJCC Assembly of God Church Page 2 of 3 DRC Case #

33 Exhibit A Resolution No R JJCC Assembly of God Church Page 3 of 3 DRC Case #

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35 City of St. Cloud Planning Commission Staff Report Meeting Date: 03/21/17 DRC Case # Resolution No R Type of Application Conditional Use Case Name Kids World Learning Academy, LLC Applicant/Agent Kids World Learning Academy, LLC/ Adriana Hernandez Owner Cancreco, LLC Michael McNatt, Manager Address/Location 2923 Canoe Creek Road Parcel ID # Total Land Area +/ acres Project Planner Michelle Acosta REQUEST The applicant is requesting approval of a Conditional Use for a Child care center at 2923 Canoe Creek Road in the HB Highway Business Zoning District. BACKGROUND The subject property has a Future Land Use designation of Commercial and a zoning district of HB Highway Business. A Child care center is allowed as a conditional use in the HB Highway Business Zoning District. The applicant is requesting approval of a child care facility to provide care and preschool education for children between three months and five years old. The existing Land Uses for the adjacent properties are indicated in the table below. Table 1: Zoning & Future Land Use of Neighboring Properties Zoning Future Land Use Existing Land Use North HB, Highway Business Commercial Retail, gas station South P - Professional Private / Institutional Church East HB, Highway Business Commercial Vacant West PUD Canoe Creek Estates Low density residential Single Family, detached Page 1 of 3

36 Figure 2 and Figure 3 below depict the current Zoning districts and Future Land Use designations within the city and county. Figure 2 Zoning Map Figure 3 Future Land Use Map Resolution No R Kids World Learning Academy, LLC Conditional Use Case No Page 2 of 3

37 DRC REVIEW The Development Review Committee (DRC) has reviewed this request for a Conditional Use on or before February 24, 2017 and had no objections. However, the following condition of approval was listed: Lines There are concerns that loading and unloading for drop off in front of the school could block the access to the existing lift station therefore No Parking and No loading or unloading zone signage shall be installed in front of the lift station. In addition, the following informational comments were provided: Planning A total of 25 parking spaces are required based on a maximum occupancy of 125 people (20 staff plus 105 children). If the number of children or staff increases, a Parking Determination will be required. If a fence and/or playground will be installed in the green area, a Mini Site Development Plan will be required prior to application for a Building Department permit. DRC Resubmittal Fee (after the initial submittal and a submittal for sign-off) is 50% of the original fee. Public Works The applicant is responsible to assure that adequate parking is available for the proposed use. PLANNING STAFF RECOMMENDATION Staff recommends APPROVAL of the request of a Conditional Use for a Child care center at 2923 Canoe Creek Road in the HB Highway Business Zoning District and to include a condition that No Parking and No Loading or Unloading Zone signage shall be installed in front of the lift station. PLANNING COMMISSION REQUIRED ACTION Section B.5 of the Land Development Code states that the Planning Commission is empowered to hear all conditional uses specifically provided for in these zoning regulations; to decide such questions as are involved in recommending whether or not conditional uses should be granted; and to recommend to City Council whether conditional uses with such conditions and safeguards are reasonable and appropriate under these zoning regulations. The applicant has provided responses to the six factual matters identified in Section C.5.b. These factual matters shall be considered by the Planning Commission in making its recommendation to the City Council. Attachments Resolution No R Applicant Response to the Six Factual Matters Resolution No R Kids World Learning Academy, LLC Conditional Use Case No Page 3 of 3

38 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A CONDITIONAL USE TO OPERATE A CHILD CARE CENTER AT 2923 CANOE CREEK ROAD, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant Kids World Learning Academy, LLC, has made application for a Conditional Use for a CHILD CARE CENTER use at 2923 Canoe Creek Road, St. Cloud, FL, and has been assigned Case Number # ; and WHEREAS, the Planning Board held a public hearing on this request on March 21, 2017, at which it made a recommendation of approval; and WHEREAS, the City Council held a public hearing on this request on March 23, 2017, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.5 of the Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1. The subject property to which this conditional use is applicable is described below and as shown on Exhibit A: SL & IC PB B PG 10 LOTS 40 & 41 LESS: BEG AT NW COR LOT 40, S 89 DEG E 380 FT, S FT, N 89 DEG W FT, N FT, W FT, S 00 DEG 48 MIN W FT, W 135 FT, N FT TO POB SECTION 2. The Conditional Use is for a CHILD CARE CENTER in the HB - Highway Business zoning district, as listed in the Land Development Code. SECTION 3. The City Council has determined that the granting of the conditional use will not adversely affect the public interest, but rather will promote the health, safety and general welfare. This determination is based upon, but not limited to, consideration of the following factual matters in Section C.5.b of the Land Development Code: a. Is the conditional use consistent with the general pattern of land development within the zoning district? b. Is the conditional use consistent with the trends of development in the area or neighborhood, as opposed to being detrimental to the area or neighborhood? c. Is the conditional use consistent with the patterns of development intensity in the area or neighborhood? d. Does the conditional use have reasonable effect on existing traffic patterns, movements and intensities without adverse impacts? e. Is the conditional use consistent with the City's Comprehensive Plan? f. Can the conditional use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels?

39 SECTION 4. No Parking and No Loading or Unloading Zone signage shall be installed in front of the lift station. SECTION 5. The conditional use granted by this resolution shall expire twelve (12) months after the effective date of such action by the City Council unless any required local business tax receipt or building permit based upon and incorporating the conditional use is obtained within one year of the approval date of this resolution. SECTION 6. This resolution shall take effect immediately upon its adoption by the City of St. Cloud, Florida. ADOPTED this 23 rd day of March, Nathan Blackwell, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: debeaubien, Simmons, Knight, Mantzaris & Neal By: Daniel F. Mantzaris, City Attorney Resolution No R Page 2 of 3 DRC Case #

40 EXHIBIT A Resolution No R Page 3 of 3 DRC Case #

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