CITY OF ST. CLOUD PLANNING COMMISSION AGENDA th STREET; BUILDING A, 3 rd FLOOR, CITY COUNCIL CHAMBERS TUESDAY, DECEMBER 19, 2017, 6:00 PM

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1 CITY OF ST. CLOUD PLANNING COMMISSION AGENDA th STREET; BUILDING A, 3 rd FLOOR, CITY COUNCIL CHAMBERS TUESDAY, DECEMBER 19, 2017, 6:00 PM OPENING BUSINESS: Pledge of Allegiance Roll Call Approval of Minutes Planning Commission Meeting, November 21, 2017 ACTION ITEMS: A. Ordinance No St. Cloud (FL 131) RMC Plant - Annexation DRC Case # Applicant: Location: Request: Titan America, LLC 1501 Tileston Road Applicant is requesting annexation of approximately 5.71 acres of land, including any and all adjacent rights-of-way into the City of St. Cloud B. Resolution No R St. Cloud Auto Service - Conditional Use DRC Case # Applicant: Location: Request: Tatiane Domenech 4575 H.C. Yates Lane Applicant is requesting consideration of a Conditional Use for an Automobile: major mechanical repair use in the HB Highway Business Zoning District. C. Resolution No R Kid City USA Conditional Use DRC Case # Applicant: Location: Request: Joyce Development Group, LLC Lot 6 Nolte Road Commercial Park Applicant is requesting consideration of a Conditional Use for a Child Care Center for Lot 6 of the Nolte Road Commercial Park in the Stevens Plantation Planned Unit Development (PUD) Zoning District.

2 OTHER BUSINESS A. Envision St. Cloud Citywide Vision Plan Presentation B. Authority and General Procedure Workshop 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). Michelle Acosta, Planning Commission Secretary; th Street; St. Cloud, FL 34769; (407) or macosta@stcloud.org Agenda for 12/19/2017Planning Commission Meeting Page 2 of 2

3 CITY OF ST. CLOUD PLANNING COMMISSION MINUTES th STREET; BUILDING A, 3 rd FLOOR, CITY COUNCIL CHAMBERS TUESDAY, NOVEMBER 21, 2017, 6:00 PM OPENING BUSINESS: Pledge of Allegiance Roll Call Peter Vitelli, Chair (present) Rosa Holloway, Vice Chair (present) Mario Galvan, (present) Dr. Jeff Rivera (present) Brandon Whaley (absent) Kari Whaley, Alternate (absent) Staff Representatives André Anderson, Acting Planning & Zoning Director Christopher Mills, Planner III Leigh Anne Wachter, Planner III Jack Morgeson, City Attorney Approval of Minutes Planning Commission Meeting, October 17, 2017 Mr. Galvan provided a motion to approve the minutes for October 17, Dr. Rivera provided the second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) ACTION ITEMS: A. Ordinance No Tohoqua Annexation DRC Case # Applicant: Location: Request: Neptune Road Investments, LLC and Tohoqua Development Group, LLC South of Neptune Road, west of Ronald Regan Turnpike and the C-31 Canal, north of Twin Oaks Conservation Area and east of May Island Road Applicant is requesting consideration of Annexation of approximately 784 acres of land. Leigh Anne Wachter, Planner III, presented the case, and stated that staff has reviewed the request and per FL Statute finds that the property is contiguous to the City limits, is reasonably compact and compatible with the surrounding area. DRC recommends approval. Applicant, Jody Thacker, was available to take questions, and agreed with staff s recommendation Mr. Vitelli asked if there was any mitigation on the wetlands and and trees done on the site. Applicant responded that there has been quite a few and permits have been issued by the South Florida Water Management District

4 Mr. Vitelli recommended having the mitigation documents available for City Council Public comment was an sent from Ms. Carol Byron, a resident adjacent where the project is taking place Ms. Holloway noted that the public comment came from someone not located within City limits, however, the comment will still be on public records Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Ms. Holloway provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) B. Ordinance No Preserve at Lakeside Annexation DRC Case # Applicant: Location: Request: Lots Partners, LLC North side of 10 th Street between Orange Avenue and Narcoossee Road Applicant is requesting consideration of annexation of approximately acres into the City. Christopher Mills, Planner III, presented the case, and stated that staff has reviewed the request and per FL Statute finds that the property is contiguous to the City limits, is reasonably compact and compatible with the surrounding area. There is also a signed petition from all property owners. DRC recommends approval. Applicant, Alex Mena, 1216 Palmer St., Orlando, present for question and also showed a presentation regarding the project Mr. Galvan asked if the project is going to be low-income housing, to which the applicant said he will have to check and come back with an answer Public comment made by Dorothy Rudd, 1065 E. 10 th Street, question regarding the roads and the potential increase in traffic associated with the project Jack Morgeson explained that, at the moment, the only issue being discussed was the annexation. That that question must be asked in later items regarding the Zoning and Future Land Use. Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Ms. Holloway provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) C. Ordinance No Preserve at Lakeside Comprehensive Plan Future Land Use Map Amendment (Large Scale) DRC Case # Applicant: Location: Lots Partners, LLC North side of 10 th Street between Orange Avenue and Narcoossee Road Minutes for 11/21/2017Planning Commission Meeting Page 2 of 8

5 Request: Applicant is requesting consideration of a Future Land Use designation of Low Density Residential for approximately acres. Christopher Mills, Planner III, presented the case, reviewed the current Future Land Use and Zoning. He also stated that this change will not have adverse impact to the City. The DRC recommends approval. Applicant, Alex Mena, was available to answer questions Public comments provided by Ms. Dorothy Rudd, 1065 E. 10 th Street, and her concern with this project was about the increase in traffic and population and what is the City going to do to make sure the streets are able to handle the increase traffic load and that the street is adequately lighted. The applicant believes the addition of 36 houses will not increase traffic more than what the street is meant to withstand Mr. Vitelli asked the applicant if that was specified in the 16 questions and findings section of the application. To which the applicant responded affirmatively Dr. Rivera wanted to address the street lighting question brought up by Ms. Rudd, Dr. Rivera wanted to know if anything will be done regarding the street lighting The applicant responded that they will have street lights inside the development and the entrance Ms. Rudd expressed her concerns on the street lighting and how the new homes could cause a hazard on the road Andre Anderson from the Planning and Zoning Department specified that the issue being discussed is important, however, the applicant cannot answer those type of questions because they are only responsible for their development area. The staff will get the information Ms. Rudd is asking for and talk to her personally about it Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Dr. Rivera provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) D. Ordinance No Preserve at Lakeside - PUD Zoning and Preliminary/Final Master Plan DRC Case # Applicant: Location: Request: Lots Partners, LLC North side of 10 th Street between Orange Avenue and Narcoossee Road Applicant is requesting consideration of a zoning district of Planned Unit Development for approximately acres and approval of a Preliminary/Final Master Plan. Christopher Mills, Planner III, presented the case, reviewed the current Future Land Use and Zoning. The item is linked to the past two items. He also noted the request is compatible with surrounding area and will not have adverse impacts to City facilities. The DRC recommends approval. Minutes for 11/21/2017Planning Commission Meeting Page 3 of 8

6 The Applicant, Alex Mena, was present to answer any questions the Commission and the public might have Mr. Vitelli asked the applicant if the document the commission received were the final master plan for the PUD. To which the applicant responded with the document being both, preliminary and master plan. Christopher then clarified that the documents were the master plan and not the engineering drawing for construction. No public comments were given. Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Dr. Rivera provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) E. Ordinance No Vista Lakes Annexation DRC Case # Applicant: Location: Request: City of St. Cloud East of Hickory tree Road, South of Alligator Lake Road, and West of Alligator Lake Applicant is requesting annexation of approximately acres into the City. Christopher Mills, Planner III, presented the case, and stated that staff has reviewed the request and per FL Statute finds that the property is contiguous to the City limits, is reasonably compact and compatible with the surrounding area. There is a signed encumbrance letter from the property owners and DRC and Staff recommends approval. Ms. Holloway, asked why is the City the applicant? Chris explained that the property was developed under the County and just had a water and sewer agreement with the City, now the City would like to Annex the land through encumbrance. Andre Anderson, Planning and Zoning Department, explained Joint Planning Agreement with the County and that now it is convenient to annex the land. Public comment provided by Barbara Brown, 3225 West Shore Drive, she is located behind the development and she does not want to be include in the annexation at a future time. Christopher Mills explained to her that her property is not being targeted at the moment, at least not with the current agenda item. Dr. Rivera made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Mr. Galvan provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) Minutes for 11/21/2017Planning Commission Meeting Page 4 of 8

7 F. Ordinance No Vista Lakes Comprehensive Plan Future Land Use Map Amendment (Large Scale) DRC Case # Applicant: Location: Request: City of St. Cloud East of Hickory Tree Rd, South of Alligator Lake Rd, and West of Alligator Lake Applicant is requesting consideration of a Future Land Use designation of Low Density Residential for approximately acres. Christopher Mills, Planner III, presented the case, reviewed the current Future Land Use and Zoning. He also stated that this change will not have adverse impact to the City. The DRC recommends approval. No public comments Mr. Vitelli stated that all of this was already approved by the County and that it is just grandfather into the City, Christopher Mills confirmed the statement Dr. Rivera made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Mr. Galvan provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) G. Ordinance No Vista Lakes PUD Zoning and Preliminary/Final Master Plan DRC Case # Applicant: Location: Request: City of St. Cloud East of Hickory tree Road, South of Alligator Lake Road, and West of Alligator Lake Applicant is requesting consideration of a zoning district of Planned Unit Development for approximately acres and approval of a Preliminary/Final Master Plan. Christopher Mills, Planner III, presented the case, reviewed the current Future Land Use and Zoning. The item is linked to the past two agenda item. He also noted the request is compatible with surrounding area and will not have adverse impacts to City facilities. The DRC & Staff recommends approval. Ms. Holloway asked if there were canals going through the development, if the development was approved by the South Florida Water Management District, she did not know it was allowed to build such a project on Alligator Lake. For years, she believes such construction was not permitted along the Alligator Lake Dr. Rivera made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Minutes for 11/21/2017Planning Commission Meeting Page 5 of 8

8 Requirements. Mr. Galvan provided a second to the motion. The vote was 3-1 with Ms. Holloway voting nay (Whaley and Whaley were not present) H. Ordinance No Hickory Tree Annexation DRC Case # Applicant: Location: Request: Hickory Tree LLC East of Hickory Tree Rd, South of Alligator Lake Rd, North of Mabel Simmons Rd Applicant is requesting annexation of approximately acres into the City. Christopher Mills, Planner III, presented the case, and stated that staff has reviewed the request and per FL Statute finds that the property is contiguous to the City limits, is reasonably compact and compatible with the surrounding area. This is a voluntary annexation, property owners having signed a petition to be annexed. The previous agenda items approval would mean that this item will be within the boundaries of the city. DRC and Staff recommend approval. Applicant, Kathy Hattaway, 2602 E. Livingston Street, Orlando, FL, was available to answer any questions No public comments were given Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Ms. Holloway provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) I. Ordinance No Hickory Tree Comprehensive Plan Future Land Use Map Amendment (Large Scale) DRC Case # Applicant: Location: Request: Hickory Tree LLC East of Hickory Tree Road, South of Alligator Lake Road and North of Mabel Simmons Road Applicant is requesting consideration of a Future Land Use designation of Low Density Residential for approximately acres. Christopher Mills, Planner III, presented the case, reviewed the current Future Land Use and Zoning. He also stated that this change will not have adverse impact to the City. The DRC & Staff recommend approval. Kathy Hattaway, Poulos & Bennet 2602 E. Livinston Street, Orlando, FL was present to answer any question regarding the agenda item Minutes for 11/21/2017Planning Commission Meeting Page 6 of 8

9 Mr. Galvan asked staff if the development is going to be apartments, to which staff replied with a No Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Ms. Holloway provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) J. Ordinance No Hickory Tree Zoning DRC Case # Applicant: Location: Request: Hickory Tree LLC East of Hickory Tree Road, South of Alligator Lake Road and North of Mabel Simmons Road Applicant is requesting consideration of a zoning district of R-1 Single Family Dwelling for approximately acres. Christopher Mills, Planner III, reviewed the Zoning for the proposed property. DRC & Staff recommends approval No public comments were given Mr. Galvan made a motion to recommend approval of Ordinance based on recommendations from staff and the applicant s response to the 16 Requirements. Dr. Rivera provided a second to the motion. The vote was 4-0 with all members voting aye. (Whaley and Whaley were not present) ADJOURNMENT: 7:05 pm Respectfully submitted: Peter E. Vitelli, Chair Date Abismael Abreu, Planning Commission Secretary Date 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 Minutes for 11/21/2017Planning Commission Meeting Page 7 of 8

10 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). Michelle Acosta, Planning Commission Secretary; th Street; St. Cloud, FL 34769; (407) or macosta@stcloud.org Minutes for 11/21/2017Planning Commission Meeting Page 8 of 8

11 Planning Commission Staff Report Meeting Date: December 19, 2017 DRC Case # Ordinance No Type of Application Annexation Case Name St. Cloud (FL 131) RMC Plant Applicant/Agent William Kissel Titan America, LLC Owner Tamarac America, LLC Address 1501 Tileston Rd Parcel ID # Total Land Area +/ acres Project Planner Trevor Bedford Figure 1 Jurisdiction Map REQUEST The applicant is requesting annexation of approximately 5.71 acres of land, including any and all adjacent rights-of-way into the City of St. Cloud, as shown on Figure 1 above. BACKGROUND The subject property is located east of Tileston Road and approximately 300 feet south of East Irlo Bronson Memorial Highway. The property is currently vacant. The current Future Land Use designation is Industrial (County), and a Zoning district of IG Industrial (County). In addition, the applicant is requesting the automatically Future Land Use and Zoning Classifications as shown in the conversion table from Section A. of the Land Development Code. This will result in a Future Land Use of Industrial (City) and a Zoning district of I-2 Industrial (City). PUBLIC NOTICE Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this report s distribution. Additional public comment may be available at the public hearing. Page 1 of 3

12 FINDINGS Prior to approval of the proposed voluntary annexation, Florida Statutes Section requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation borders the current City Jurisdiction limits to the east and to the west. In addition, the subject property is located within the Joint Planning Area Boundary as provided in the executed Joint Planning Area Interlocal Agreement between Osceola County and the City of St. Cloud, dated March 17, The proposed annexation meets the requirements of Florida Statutes Section , and therefore is eligible for annexation into the City. B. The petition must bear the signatures of all owners of the subject property to be annexed. This is a voluntary annexation and the City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel into the City s Jurisdiction limits. Figure 2 below depicts the current Future Land Use categories within the city and the county. Figure 2 Future Land Use Map Ordinance No Page 2 of 3 St. Cloud (FL 131) RMC Plant DRC Case #

13 Review of 16 Required Findings of Section C.2.A of the Land Use Code. The proposed annexation will not have an adverse influence on the area as adjacent uses are industrial or commercial. The site was previously approved for a Ready Mix Concrete Plant in 2006 by Osceola County. The proposed change is consistent with surrounding uses and future land use categories on Tileston Road. IG Industrial (County) will automatically covert to I-2 Industrial (City) zoning and Industrial future land use (City) through automatic classification procedures triggered by the annexation of territory into the City as established in the St. Cloud Osceola County Zoning Conversion Table in Section A of the Land Development Code. DRC/STAFF RECOMMENDATION The Development Review Committee reviewed this request for Annexation on or before December 5, 2017, with no objections. Additional information was provided: Planning Department Information 1. Territory annexed into the City (without a rezoning) is automatically assigned zoning and future land use classifications using the conversion table from Sec A of the LDC. Automatic classification for Osceola County IG Industrial zoning district is assigned I-2 Industrial and Industrial future land use in the City. DRC/Staff recommends APPROVAL of the request for Annexation. PLANNING COMMISSION REQUESTED 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 Site Concept Plan Ordinance No Page 3 of 3 St. Cloud (FL 131) RMC Plant DRC Case #

14 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, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 5.71 ACRES LOCATED APPROXIMATELY 300 FEET SOUTH OF U.S. 192 AND EAST OF TILESTON ROAD AT 1501 TILESTON ROAD; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER , FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Titan America, LLC, has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated November 17, 2017; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated December 11, 2017, that the owner of the property has signed the Petition for Annexation; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated December 19, 2017; and, WHEREAS, the property is reasonably compact and contiguous to the corporate areas of the City of St. Cloud, Florida and annexation will not result in the creation of any enclave; and, WHEREAS, the City of St. Cloud, Florida, has provided or will provide municipal services to the property, and has found it in the best interest of the City to accept the petition for annexation. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of St. Cloud, Florida, as follows: SECTION 1: That the following property, as also shown in Exhibit A, is annexed into the City of St. Cloud, Florida, pursuant to Chapter , Florida Statutes: LEGAL DESCRIPTION: PER O.R. 3113, PG BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. 192, FEET SOUTH OF THE CENTERLINE THEREOF AND LYING NORTH 89d40'09" EAST FEET Ordinance No St. Cloud (FL 131) RMC Plant Page 1 of 5 DRC Case #

15 FROM THE WESTERLY LINE OF LOTS 18 AND 31, OF SEMINOLE LAND AND INVESTMENT COMPANY'S (INCORPORATED) SUBDIVISION OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 31 EAST, AS RECORDED IN PLAT BOOK B, PAGE 23 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA; FROM SAID POINT CONTINUE ALONG SAID SOUTHERLY LINE NORTH 89d40'09" EAST FEET; THENCE SOUTH FEET; THENCE NORTH 89d40' EAST FEET; THENCE SOUTH FEET; THENCE NORTH 89d15'00" WEST FEET; THENCE NORTH FEET; THENCE NORTH 89d40'09" EAST FEET; THENCE NORTH FEET TO THE POINT OF BEGINNING. LESS: COMMENCE AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. 192, FEET SOUTH OF THE CENTERLINE THEREOF AND LYING NORTH 89d40'09" EAST FEET FROM THE WESTERLY LINE 18 AND 31, OF SEMINOLE LAND AND INVESTMENT COMPANY'S (INCORPORATED) SUBDIVISION OF SECTIONOF LOTS 7, TOWNSHIP 26 SOUTH, RANGE 31 EAST, AS RECORDED IN PLAT BOOK B, PAGE 23 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA; FROM SAID POINT CONTINUE ALONG SAID SOUTHERLY LINE NORTH 89d40'09" EAST FEET; THENCE SOUTH 00d05'37" EAST FEET TO A POINT OF BEGINNING; THENCE NORTH 89d40'09" EAST FEET; RUN THENCE SOUTH 00d05'37" EAST FEET; RUN THENCE NORTH 89d14'31" WEST FEET; RUN THENCE NORTH 00d05'37" WEST FEET TO THE POINT OF BEGINNING. ALSO LESS: COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY No , AND COMMENCE AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF U.S. HIGHWAY No , AND (INCORPORATED) SUBDIVISION OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 31 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 23 OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA; RUN NORTH 89d40'09" EAST ALONG SAID SOUTH RIGHT OF WAY LINE FEET, TO THE POINT OF BEGINNING; CONTINUE NORTH 89d40'09" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE FEET; DEPARTING SAID RIGHT CONTINUE NORTH 89d40'09" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE FEET; THENCE NORTH 00d04'49" WEST, PARALLEL WITH SAID WESTERLY LINE OF LOTS 18 AND 31, FEET TO THE DEPARTING SAID RIGHT POINT OF BEGINNING. CONTAINING 5.71 ACRES, MORE OR LESS INCLUDING THE FULL WIDTH OF ANY AND ALL ADJACENT RIGHTS-OF-WAY. Ordinance No St. Cloud (FL 131) RMC Plant Page 2 of 5 DRC Case #

16 SECTION 2: The properties annexed by this ordinance will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No The subject property shall be assigned a Future Land Use designation of Industrial and the Zoning Classification of I-2 Industrial. SECTION 3: The City Manager or his/her designee is authorized and directed to promptly enter changes on the Official Future Land Use and Zoning Maps. 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: That occupants and owners of the property shall be entitled and subject to all the rights, privileges, immunities, and responsibilities of occupants and owners of property in the City of St. Cloud, Florida, as provided in Chapter 171, Florida Statutes. 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. SECTION 7: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 11 th day of January, 2018 Second Reading on the 25 th day of January, 2018 Nathan Blackwell, Mayor ATTEST: Linda P. Jaworski, City Clerk Ordinance No St. Cloud (FL 131) RMC Plant Page 3 of 5 DRC Case #

17 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.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida Ordinance No St. Cloud (FL 131) RMC Plant Page 4 of 5 DRC Case #

18 Ordinance No St. Cloud (FL 131) RMC Plant Page 5 of 5 DRC Case #

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22 City of St. Cloud Planning Commission Staff Report Meeting Date: 12/19/17 DRC Case # Resolution No R Type of Application Conditional Use Case Name St. Cloud Auto Service Applicant Tatiane Domenech Owner Tatiane Domenech Address/Location 4575 H. C. Yates Ln. Parcel ID # Total Land Area +/ acres Project Planner Abismael Abreu REQUEST The applicant is requesting approval of a Conditional Use Automobile: Major Mechanical Repair at a HB Highway Business Zoning District, as shown in Figure 1 above. BACKGROUND Lot 9, St. Cloud Commercial Centers A Replat, according to the plat thereof as recorded in Plat Book 11, Pages 63 and 64, Public Records of Osceola County, Florida. The subject property has a Future Land Use designation of Commercial and a Zoning District of HB Highway Business. An Automobile: Major Vehicle Repair use is conditionally permitted in the HB Highway Business Zoning District. Pursuant to Table III-7 of the Land Development Code, Automobile: Major Vehicle Repair is allowed in a HB-Highway Business District as a Conditional Use. PUBLIC NOTICE Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this report s distribution. Additional public comment may be available at the public hearing. Page 1 of 3

23 TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North East South West Highway Business Highway Business Multi-Family Dwelling Highway Business Commercial Commercial High Density Residential Commercial Highway Business Highway Business Multi-Family Dwelling Highway Business As required by the Land Development Code Section C.3.b, the applicant has provided responses to the six factual matters. The proposed location has a Future Land Use designation as Commercial, which permits the use of Automobile: Major Vehicle Repair ; the use will not be adverse to the previous use of the lot, which was previously used as a car wash facility. Figure 2 and Figure 3 below depict the current Zoning districts and Future Land Use designations. Figure 2 Zoning Map Resolution No R St. Cloud Auto Service Conditional Use Case No Page 2 of 3

24 Figure 3 Future Land Use Map DRC/STAFF RECOMMENDATION The Development Review Committee (DRC) has reviewed this request for a Conditional Use on or before November 9, 2017 and had no objections. The following informational comments were provided: Police Department I recommend the business install a video security system. The business needs to follow all ordinances referring to noise. A barrier should be established between the business and the area residences to reduce noise from the business. DRC/Staff recommends APPROVAL of the request of a Conditional Use for an Automobile: Major Vehicle Repairs at 4575 H. C. Yates Ln. in the HB Highway Business Zoning District. PLANNING COMMISSION REQUESTED ACTION Section B.3 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.3.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 St. Cloud Auto Service Conditional Use Case No Page 3 of 3

25 Resolution No R DRC Case # RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, GRANTING A CONDITIONAL USE FOR AUTOMOBILE: MAJOR MECHANICAL REPAIR AT 4575 H. C. YATES LANE, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant Tatiane Domenech, has made application for a Conditional Use to allow for AUTOMOBILE: MAJOR MECHANICAL REPAIR at 4575 H. C. Yates Lane, St. Cloud, FL and has been assigned Case Number # ; and WHEREAS, the Planning Commission held a public hearing on this request on December 19, 2017, at which it made a recommendation of Approval; and WHEREAS, the City Council held a public hearing on this request on January 11, 2018, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.3.b 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: SECTION 2. LOT 9, ST. CLOUD COMMERCIAL CENTERS A REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGES 63 AND 64, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. Containing acres, more or less. The Conditional Use is to allow for an AUTOMOBILE: MAJOR MECHANICAL REPAIR 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.3.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?

26 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. No conditions are necessary on this conditional use of the subject property. 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 11 day of January, 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 DRC Case #

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28 City of St. Cloud Planning Commission Staff Report Meeting Date: 12/19/17 DRC Case # Resolution No R Type of Application Conditional Use Case Name Kid City USA Applicant John Joyce Joyce Development Group, LLC Agent Andrew Peterson, P.E. Bowman Consulting Group Address/Location Lot 6 in Nolte Road Commercial Park Parcel ID # Pending Total Land Area +/ acres Project Planner Abismael Abreu REQUEST The applicant is requesting approval of a Conditional Use for a Child Care Center for Lot 6 of the Nolte Road Commercial Park in the Steven s Plantation Planned Unit Development (PUD) Zoning District, as shown in Figure 1 above. BACKGROUND The property is located within the Steven s Plantation Planned Unit Development (Ordinance ). The subject property has a Future Land Use designation of Low Density Residential and it is located within a Planned Unit Development Zoning District. Pursuant to Ordinance No of the Land Development Code, Child Care Centers are allowed in this particular Planned Unit Development (PUD) as a Conditional Use. PUBLIC NOTICE Figure 1 Location Map Notice of Public Hearing was mailed to property owners within 300 feet of the subject property and was advertised as required by State Statutes. No oral or written comments have been received from the public at the time of this report s distribution. Additional public comment may be available at the public hearing. Page 1 of 3

29 TABLE 1: ZONING & FUTURE LAND USE OF NEIGHBORING PROPERTIES Direction Zoning Future Land Use Existing Land Use North East South West Planned Unit Development Planned Unit Development Planned Unit Development Planned Unit Development Low Density Residential Low Density Residential Low Density Residential Low Density Residential Vacant Commercial Stormwater Pond, Single-Family Dwelling Vacant As required by the Land Development Code Section C.3.b, the applicant has provided responses to the six factual matters. The proposed location has a Future Land Use designation of Low Density Residential, which allows the use of Child Care Center on a conditional basis. The subject property is currently vacant and ready to be developed. The proposed use will not adversely affect the surrounding development pattern in the area. Figure 2 and Figure 3 below depict the current Zoning districts and Future Land Use designations. Figure 2 Zoning Map Resolution No R Kid City USA - Conditional Use Case No Page 2 of 3

30 Figure 3 Future Land Use Map DRC REVIEW The Development Review Committee (DRC) has reviewed this request for a Conditional Use on or before November 30, 2017 and had no objections. The following informational comments were provided: Police Department: This project will impact the Police Department by increasing the calls for service. A security video system is recommended for the business. DRC/STAFF RECOMMENDATION DRC/Staff recommends APPROVAL of the request of a Conditional Use for a Child Care Center on Lot 6 of the Nolte Road Commercial Park in the PUD-Planned Unit Development Zoning District. PLANNING COMMISSION REQUESTED ACTION Section B.3 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.3.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 Kid City USA - Conditional Use Case No Page 3 of 3

31 Resolution No R DRC Case # 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 LOT 6 OF THE NOLTE ROAD COMMERCIAL PARK, ST. CLOUD, FLORIDA, AS DESCRIBED IN THE BODY OF THIS RESOLUTION. WHEREAS, the applicant Joyce Development Group, LLC, has made application for a Conditional Use to allow for a CHILD CARE CENTER on LOT 6 of the Nolte Road Commercial Center and has been assigned DRC Case# ; and WHEREAS, the Planning Commission held a public hearing on this request on December 19, 2017, at which it made a recommendation of APPROVAL; and WHEREAS, the City Council held a public hearing on this request on January 11, 2018, and determined that the request for a Conditional Use satisfies the six criteria for granting a Conditional Use required by Section C.3.b 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 shown on Exhibit A: LOT 6, NOLTE ROAD COMMERCIAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGES 38 AND 39, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. SECTION 2. The Conditional Use is to allow for a CHILD CARE CENTER in the Planned Unit Development 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.3.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,

32 SECTION 4. 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? No conditions are necessary on this conditional use of the subject property. 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 11 day of January, 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 DRC Case #

33 FACTUAL MATTERS FOR CONSIDERATION OF A CONDITIONAL USE Per LDC Section C.3.b, the application shall address the factual matters listed below that shall be considered of equal weight. The factual matters shall be considered by the Planning Commission in making its recommendation to the City Council, and by the City Council in granting approval. Based upon professional urban planning standards methods and techniques or traffic engineering standards methods and techniques, the factual matters to be considered are: 1. How is the conditional use consistent with the general pattern of land development within the zoning district? The property is classified as PUD by the city's zoning map. Design of the site and building will be consistent with the requirements of the Stevens Plantation PUD. 2. How 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? The surrounding neighborhood is a mix of commercial and residential development. The proposed use of a daycare center is commercial, and it is a desired service for the surrounding residential communities. 3. How is the conditional use consistent with the patterns of development intensity in the area or neighborhood? The subject property is surrounded on three sides by single family residential subdivisions and on one side by a Walmart Neighborhood Market. The proposed Daycare will serve the adjacent residential communities and will fit as a commercial use adjacent to the Grocery Store that also serves the community 4. How does the conditional use have reasonable effect on existing traffic patterns, movements, and intensities without adverse impacts? Per 8th Ed. ITE Trip Generation report the proposed daycare center will create approximately 1,075 Daily Trips with 197 PM peak trips total. The proposed development provides sufficient access-driveways and vehicular use areas to manage the incoming traffic, minimizing impacts to neighboring developments. 5. How is the conditional use consistent with the City s Comprehensive Plan? The daycare center is proposed within a PUD development close to nearby residential areas with the intent of minimizing urban sprawl and sharing traffic with other nearby commercial uses. 6. How can the conditional use development be designed to function effectively for its intended purpose without creating negative off-site impacts for adjoining parcels? This use is designed such that the daycare operations will be isolated and protected from nearby commercial developments. A fence willl surround the playground area minimizing distractions to adjacent commercial and residential developments and landscaping will be provided creating a cohesive appearance. Any additional traffic generated by this development will likely be welcomed by nearby connected retail businesses within the PUD. REVISED JANUARY 2017