Newest Agenda Full - City of St. Cloud, Florida
Transcription
Newest Agenda Full - City of St. Cloud, Florida
ST. CLOUD CITY COUNCIL REGULAR MEETING May 12, 2016 City Hall Council Chambers 1300 Ninth Street 6:30 PM Agenda Welcome to our Council meeting. In the interest of time efficiency and ensuring that everyone who wishes to address the Council is given the opportunity to do so, the following will apply to all comments made by the public. Each speaker shall be allotted 3 minutes to address the Council, unless such time is extended by the Mayor or by questions from Council. Groups shall designate a spokesperson to avoid repetition of comments. Every effort will be made to avoid interrupting speakers. Thank you for participating in your City Government. I. Call to Order II. Invocation III. Pledge of Allegiance IV. Roll Call • Mayor Rebecca Borders • Deputy Mayor Jeff Rinehart • Council Member Russell Holmes • Council Member Dave Askew • Council Member Donald Shroyer V. Presentations Proclamation in recognition of EMS Week Proclamation in recognition of Water Reuse Week Proclamation in recognition of Older Americans Month Proclamation in recognition of National Public Works Week Presentation by School Superintendent Presentation regarding an update for the St. Cloud Health Center VI. First Citizen’s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. VII. Public Hearings 1. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO. 2016-20 , an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately 27.633 acres located generally north of New Nolte Road, east of Indiana Avenue, south of David Drive, and west of Delaware Avenue; in accordance with the voluntary annexation provisions of Chapter 171.044, Florida Statutes. (Above is the full title) ACTION ON ORDINANCE NO. 2016-20 2. SECOND AND FINAL PUBLIC HEARING FOR ORDINANCE NO. 2016-23 , an ordinance of the City Council of the City of St. Cloud, Florida amending the Land Development Code of the City of St. Cloud, Florida to include Article III, Division 19 Section 2 Definitions; and adding Section 6.K – Prohibited Characteristics and Section 11.L – Sign Regulations; providing for severability, conflicts, codification, and an effective date. (Above is the full title) ACTION ON ORDINANCE NO. 2016-23. 3. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-24, an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately 10.42 acres identified as St. Cloud West Village Center, located north of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal; in accordance with the voluntary annexation provisions of Chapter 171.044, Florida Statutes. (Above is the full title) ACTION ON ORDINANCE NO. 2016-24 4. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-25, an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of “High Density Residential” to approximately 10.42 +/- acres, located north of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal; 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. (Above is the full title) ACTION ON ORDINANCE NO. 2016-25. 5. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-26, an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of "R-4” Multiple-Family Dwelling District, compatible with a “High Density Residential” Future Land Use designation change, adopted by Ordinance No. 2016-25, for approximately 10.42 acres, located north of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal; providing for entering the designation on the official Zoning map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is the full title) ACTION ON ORDINANCE NO. 201626 6. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-27, an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately 2.524 acres, more or less, identified as St. Cloud West Village Center - Fairwinds, located at 2975 East Irlo Bronson Memorial Highway; in accordance with the voluntary annexation provisions of chapter 171.044, Florida Statutes. (Above is full title) ACTION ON ORDINANCE NO. 2016-27 7. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-30, an ordinance of the City Council of the City of St. Cloud, Florida, to annex into the City of St. Cloud approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; in accordance with the voluntary annexation provisions of chapter 171.044, Florida Statutes. (Above is full title) ACTION ON ORDINANCE NO. 2016-30 8. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-31, an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Future Land Use designation of “Commercial” to approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; 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. (Above is full title) ACTION ON ORDINANCE NO. 2016-31 9. FIRST PUBLIC HEARING FOR ORDINANCE NO. 2016-32, an ordinance of the City Council of the City of St. Cloud, Florida, assigning a Zoning district of "HB” Highway Business, compatible with a “Commercial” Future Land Use designation change, adopted by Ordinance No. 2016-31, for approximately 1 acre, more or less, located at 3820 Canoe Creek Road, known as Circle K Store; providing for entering the designation on the official Zoning Map, filing of the Planning Commission recommendation and proof of publication, severability and effective date. (Above is full title) ACTION ON ORDINANCE NO. 2016-32 VIII. Consent Agenda- The next portion of tonight's meeting is the consent agenda which contains items that have been determined to be routine and non-controversial. If anyone in the audience wishes to address a particular item on the consent agenda, now is the opportunity for you to do so. Additionally, if staff or members of the City Council wish to speak on a consent item, they have the same opportunity. A. Warrant List #32 B. Resolution No. 2016-078R, a resolution of the City Council of the City of St. Cloud, Florida, revising the Schedule of Fees pursuant to Article XIII, Minimum Building Construction Standards, Section 13.3. - Permit and Permit Fee required of the Land Development Code, repealing all resolutions in conflict and providing an effective date. COST: No cost associated with this item. C. Resolution No. 2016-086R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing and directing the City Manager to declare items as obsolete, damaged, and/or surplus property and otherwise in the best interest of the City of St. Cloud. COST: No cost associated with this item. D. Resolution No. 2016-089R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor to accept a public utility easement from 2580 Development, LLC., to have and to hold for all uses traditionally made of a public utility easement. COST: No cost associated with this item. E. Resolution No. 2016-090R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the Mayor the release of funds from the St. Cloud Police Department Federal Equitable Fund to purchase handguns and holsters. COST: No cost associated with these items F. Resolution No. 2016-091R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by the Special Olympics on city property, for a special event, known as the 2016 Fundraiser for Special Olympics Benefit Poker Tournament Event, to be held on May 21, 2016, with conditions. COST: No coast associated with this item. G. Resolution No. 2016-092R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by Special Olympics, on city property, for a special event, known as Robo Mud Run, to be held on Saturday, June 25, 2016, with conditions. COST: No coast associated with this item. H. Request City Council's approval of Rummell Downs Replat 1. IX. Council Action 1. Resolution No. 2016-088R, a resolution of the City Council of the City of St. Cloud, Florida approving a Water & Wastewater Service Agreement from Serenity Reserve, LLC., for Serenity Reserve a development located in the unincorporated area of Osceola County West of Narcoossee Rd. and North of Dan Smith Rd. servicing approximately eighty-five (85) homes authorizing the City Manager to execute the agreement; and providing an effective date. X. City Attorney XI. City Manager XII. Mayor and Council Members XIII. Second Citizen’s Forum - Any person who desires to comment on any item not on this agenda is provided this opportunity to address the City Council. Each person is requested to complete a sign-in form to be provided to the City Clerk prior to addressing the Council. XIV. Information Section Friday, May 13, 2016 - Community Pantry Spaghetti Dinner - 5:30 p.m. @ Community Center Friday, May 20, 2016 - Coffee with the Mayor - 7:30 a.m. @ Location to be determined Thursday, May 26, 2016 - City Council Meeting - 6:30 p.m. @ City Hall, Council Chambers XV. Adjournment 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 that, 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 286.0105) 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 below), prior to the meeting. (FS 286.26) Linda P. Jaworski, 1300 9th Street, St. Cloud, FL 407-957-7300 Item # AGENDA First Reading: First Public Hearing: 04/28/2016 Public Hearings Second Public Hearing: 05/12/2016 Ordinance No. 2016-20 Resolution No. Final Action: 05/12/2016 04/28/2016 - Passed, motion made by Mr. Askew, seconded by Mr. Shroyer, vote was 5-0, all members voting, "aye". DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-20 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. As the applicant, the City is seeking annexation of the encumbered subject properties into the City of St. Cloud. The Future Land Use and Zoning District designations will be automatically assigned per Ordinance No. 2014-30 once the properties are annexed. Of the 15 properties being annexed, two properties will be zoned A – Agriculture; the remaining properties will be zoned RE – Single-Family. All the properties being annexed will be assigned a Future Land Use of Low-Density Residential. The subject properties meet the requirements of Florida Statutes Section 171.044 for voluntary annexation by being contiguous to the City and reasonably compact, and the properties are located within an existing enclave. The City is currently providing water and sewer services to the subject properties. On March 24, 2016, staff reviewed this application for annexation by encumbrance and offers no objections. On April 19, 2016, the Planning Commission reviewed the request for the annexation by encumbrance of 15 properties in the area of Michigan Ave. Ms. Holloway made a motion to recommend approval. Mr. Gonzalez provided a second to the motion. The vote was 4-0 with all members voting "aye". FINANCE DIRECTOR'S COMMENTS: N/A Item # V.1 PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/12/2016 04/28/2016 - Passed, motion made by Mr. Askew, seconded by Mr. Shroyer, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance No. 2016-20 Exhibit A Exhibit B Staff Report Future Land Use Zoning School Capacity Report Item # V.1 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 27.633 ACRES, MORE OR LESS, LOCATED GENERALLY NORTH OF NEW NOLTE ROAD, EAST OF INDIANA AVENUE, SOUTH OF DAVID DRIVE, AND WEST OF DELAWARE AVENUE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER 171.044, FLORIDA STATUTES. WHEREAS, by Notice of Encumbrance, the owners of the properties described in Exhibit “A” petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes, requesting annexation into the City of St. Cloud, Florida; WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review, that the owners of the properties have signed the Notices of Encumbrance; and, WHEREAS, the Notices of Encumbrance are recorded in the Official Records Book of the Public Records of Osceola County, Florida and are more specifically described in Exhibit “A”; and, WHEREAS, the City Council has received the recommendation of the Planning Commission dated April 19, 2016; and, WHEREAS, the property is reasonably compact and contiguous to the corporate areas of the City of St. Cloud, Florida and annexation reduces an existing 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; and, 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 “B” of this ordinance, is annexed into the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes: SEE EXHIBIT “A” INCLUDING THE FULL WIDTH OF THE FOLLOWING RIGHTS-OF-WAYS AND RELATED INTERSECTIONS: MICHIGAN AVENUE FROM DAVID DRIVE TO NEW NOLTE ROAD; NEW NOLTE ROAD FROM THE EASTERN PORTION OF PID: 13-26-30-4950-0001-0575 TO INDIANA _______________________________________________________________________________________ Ordinance No. 2016-20 Michigan Avenue Area Annexation DRC Case # 16-30.01 Item #Page V.1 1 of 3 AVENUE; AND DELAWARE AVENUE FROM THE NORTHERN PORTION OF PID: 13-26-30-46500001-0550 TO NEW NOLTE ROAD. 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. 2014-30. All fifteen properties shall be assigned a Future Land Use designation of “Low Density Residential.” The properties located at 3550 South Delaware Avenue and 806 West New Nolte Road shall be assigned the Zoning Classification of A – Agriculture, and the remaining thirteen properties shall be assigned the Zoning Classification of RE – Single-Family Dwelling. SECTION 3: 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 4: 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 5: That occupants and owners of the properties shall be entitled and subject to all the rights, privileges, immunities, and responsibilities of occupants and owners of properties 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 shall be published as provided by law and shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. First Reading on the 28th day of April 2016 Second Reading on the 12th day of May 2016 _______________________________________________________________________________________ Ordinance No. 2016-20 Michigan Avenue Area Annexation DRC Case # 16-30.01 Item #Page V.1 2 of 3 Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida 34769. _______________________________________________________________________________________ Ordinance No. 2016-20 Michigan Avenue Area Annexation DRC Case # 16-30.01 Item #Page V.1 3 of 3 EXHIBIT A ORDINANCE NO. 2016-20 Parcel Information and Legal Descriptions of Annexed Parcels Parcel ID Acres Address Notice of Encumbrance Legal Description 14-26-30-4950-0001-0330 3.014 3354 MICHIGAN AVE, SAINT CLOUD FL 34769 Lot 33 of Section 14, Township 26 South, Range 30 East, of the Seminole Land and Investment Company's (Incorporated) Subdivions of the said section as recorded in Plat Book "B", BK 1160, Page 5, of the Public Records of Osceola County, Florida, Less Pgs 1166-1167 the North 132.00 feet thereof and the North one-half of Lot 48, of said Section 14, and also Less the East 5.00 feet thereof for Road Right-of-way. Said Tract contains 5.00 acres more or less. 14-26-30-4950-0001-0485 2.193 3400 MICHIGAN AVE, SAINT CLOUD FL 34769 Included in Notice of Encumbrance for 3354 Michigan Ave, St. Cloud, FL 34769. See BK 1160/1166-1167 AND 2067/2137 for addition information. 13-26-30-4950-0001-0410 2.430 Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 16-30.01 3401 MICHIGAN AVE, SAINT CLOUD FL 34769 The West 330.14 feet of Lot 41, The Seminole Land & Investment Co.'s (Incorporated) Subdivision of Section 13, BK 03857, Township 26 South, Range 30 East, according to the Official Pgs 1221-1222 Plat thereof, as recorded in Plat Book 8, Page 4 of the Public Records of Osceola County, Florida, Less road right-of-way. Item # V.1 1 EXHIBIT A ORDINANCE NO. 2016-20 Parcel ID Acres Address Notice of Encumbrance Legal Description 13-26-30-4950-0001-0565 3.020 3515 MICHIGAN AVE, SAINT CLOUD FL 34769 Lot 56, The Seminole Land and Investment Company's Subdivision of Section 13 Township 26 South, Range 30 East, according to the Official Plat thereof, recorded in Plat Book B, Page 4 of the Public Records of Osceola County, Florida; Less the West 5.0 feet of the North 41 feet thereof; And Less: Begin at the Southwesterly corner of Lot 56, The Seminole Land and BK 4800, Investment Company's Subdivision of Section 13, Township 26 Pgs 2715-2716 South, Range 30 East, according to the Official Plat thereof, as recorded in Plat Book B, Page 4 of the Public Records of Osceola County, Florida; thence run South 89°25'09" East, a distance of 335.0 feet; thence run North, a distance of 261.0 feet; thence run North 89°25'09" West, a distance of 335.0 feet; thence run South a distance of 261.0 feet to the Point of Beginning. 14-26-30-5279-0001-0010 0.528 3550 MICHIGAN AVE, SAINT CLOUD FL 34769 Lot 1, Tucker Estates, according to the Plat thereof, as recorded OR 2595/2546 in Plat Book 12, Page 100, Public Records of Osceola County, Florida. Lot 56, Seminole Land and Investment Company's (Inc) Subdivision of Section 13, Township 26 South, Range 30 East, according to the plat thereof, as recorded and filed in Plat Book B, Page 4, of the Public Records of Osceola County, Florida, Less the West 5.0 feet of the North 41.0 feet thereof. 13-26-30-4950-0001-0560 2.007 3575 MICHIGAN AVE, SAINT CLOUD FL 34769 14-26-30-5279-0001-0020 0.535 3600 MICHIGAN AVE, SAINT CLOUD FL 34769 Lots 2 and 3, Tucker Estates, according to the Official Plat OR 2192/1304 thereof, as recorded in Plat Book 12, Page 99 and 100, Public Records of Osceola County, Florida. 14-26-30-5279-0001-0030 0.535 3650 MICHIGAN AVE, SAINT CLOUD FL 34769 Lots 2 and 3, Tucker Estates, according to the Official Plat OR 2192/1304 thereof, as recorded in Plat Book 12, Page 99 and 100, Public Records of Osceola County, Florida. Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 16-30.01 BK 1195, Pg 2977 Item # V.1 2 EXHIBIT A ORDINANCE NO. 2016-20 Parcel ID Acres 14-26-30-5279-0001-0040 0.537 Address Notice of Encumbrance Legal Description 3698 MICHIGAN AVE, SAINT CLOUD FL 34769 Lot 4, Tucker Estates, according to the Plat thereof, as recorded OR 2595/2553 in Plat Book 12, Pages 99-100 of the Public Records of Osceola County, Florida. 13-26-30-4950-0001-0575 0.999 600 W NEW NOLTE RD, SAINT CLOUD FL 34769 The West 269.0 feet of the South 165.0 feet of Lot 57, of the Seminole Lnad and Investment Company's (Incorporated) BK 1195, Subdivision of Section 13, Township 26 South, Range 30 East, Pg 2987-2988 according to the plat thereof, in Plat Book B, Page 4, of the Public Records of Osceola County, Florida, less the West 5.0 feet thereof for road right-of-way. 14-26-30-5279-0001-0050 1.045 750 W NEW NOLTE RD, SAINT CLOUD FL 34769 Lot # 5, Tucker Estates, according to Map or Plat thereof as OR 2486/1804 recorded in Plat Book 12, Pages 99-100 of the Public Records of Osceola County, Florida. 14-26-30-5279-0001-0060 1.060 780 W NEW NOLTE RD, SAINT CLOUD FL 34769 Lot # 6, Tucker Estates, according to the plat thereof, as OR 2334/1318 recorded in Plat Book 12, Pages 99-100 of the Public Records of Osceola County, Florida. 806 W NEW NOLTE RD, SAINT CLOUD FL 34769 All of the South half of Lots 49 and 50 and all of Lots 63 and 64, Less and Except the West 422.5 feet of the South half of Lot 50, and the West 422.5 feet of Lot 63 and Less and Except the East 420.0 feet of the South half of Lot 49 and the East 420 feet of BK 03901, Lot 64, all in Section 14, Township 26 South, Range 30 East, Pgs 2324-2325 according to the Plat thereof of Seminole Land and Investment Co.'s Subdivision of said Section as recorded in Plat Book B, Page 5 of the Public Records of Osceola County, Florida, Less and Except the South 7.5 feet of Lots 63 and 64 reserved for County road purposes. 14-26-30-4950-0001-0492 4.820 Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 16-30.01 Item # V.1 3 EXHIBIT A ORDINANCE NO. 2016-20 Parcel ID 13-26-30-4950-0001-0550 Acres 4.910 Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 16-30.01 Address 3550 S DELAWARE AVE, SAINT CLOUD FL 34769 Notice of Encumbrance Legal Description Lot 55, The Seminole Land and Investment Company's BK 03440, (Incorporated) Subdivision of Section 13, Township 26 South, Pgs 2637-2638 Range 30 East, according to the plat recorded in Plat Book B, Page 4, of the Public Records of Osceola County, Florida. Item # V.1 4 EXHIBIT B Michigan Avenue Area Annexation by Encumbrance Annexation Map April 2016 / CLAY DR Michigan Avenue Area Ordinance No. 2016-20 Annexation by Encumbrance Case # 16-30.01 RD MAIDU CT SE C O FF EE K YA N TE OL LN IM A LN NEW NOLTE RD DAVID DR DELAWARE AVE INDIANA AVE MICHIGAN AVE REBECCA DR NL A D CHAMBERLIN TRL LV WINRUN CT IN A DI SB KE Legend SENECA TRL CREEKVIEW CT Item # V.1 Michigan Ave Area Annexation City_Limits of St. Cloud 4/7/16 City Council Staff Report Meeting Dates: April 28, 2016 & May 12, 2016 DRC Case # 16-30.01 Ordinance No. 2016-20 Type of Application Annexation by Encumbrance Applicant City of St. Cloud, FL Case Name Michigan Avenue Area Annexation Location North of New Nolte Road, east of Indiana Avenue, south of David Drive, and west of Delaware Avenue Total Land Area +/- 27.633 acres Parcel ID # (See Attached) Project Planner Bill M. Spivey Annexation Request As the applicant, the City is seeking annexation of the subject properties into the City of St. Cloud. The Future Land Use and Zoning District designations will be automatically assigned per Ordinance No. 2014-30 once the properties are annexed. Findings Prior to approval of the proposed voluntary annexation, Florida Statutes Section 171.044 requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is an existing enclave that is reasonably compact and contiguous to the City Jurisdiction limits. In addition, the subject properties are 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, 2014. The proposed annexation meets the requirements of Florida Statutes Section 171.044, 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. The City of St. Cloud has records that City utility services were granted to the subject properties. Part of the agreement for such services Item # V.1 was the execution of a “Notice of Encumbrance” by the property owners and the City at the time of execution. The Notices of Encumbrance are recorded in the Public Records of Osceola County, Florida and are valid for any parcels of land that have changed ownership, been subdivided or created from the property listed on the Notice of Encumbrance. By way of this document, the action is considered a voluntary annexation. Classification of Annexed Land Properties that are annexed into the City of St. Cloud are automatically assigned Future Land Use and Zoning designations according to Article III, Division 20, Section 35 – Classification of Annexed Land (Table 1). Of the 15 properties being annexed, two properties will be zoned A – Agriculture; the remaining properties will be zoned RE – Single-Family. All the properties being annexed will be assigned a Future Land Use of Low-Density Residential. Table 1 - Classification of Annexed Land (Sec. 3.20.35.A of LDC) Address 3615 MICHIGAN AVE 3401 MICHIGAN AVE 3550 S DELAWARE AVE 3575 MICHIGAN AVE 3515 MICHIGAN AVE 600 W NEW NOLTE RD 3354 MICHIGAN AVE 3400 MICHIGAN AVE 806 W NEW NOLTE RD 3550 MICHIGAN AVE 3600 MICHIGAN AVE 3650 MICHIGAN AVE 3698 MICHIGAN AVE 750 W NEW NOLTE RD 780 W NEW NOLTE RD Zoning Existing St. Cloud RS-1A R-2 AC E-2A E-2A E-1A E-2A E-2A AC RS-1C RS-1C RS-1C RS-1C RS-1C RS-1C RE RE A RE RE RE RE RE A RE RE RE RE RE RE Future Land Use LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR LDR DRC/Staff Review The DRC/Staff have reviewed this request for Annexation by Encumbrance with no objects except for the informational comments: Public Works - Stormwater Utility Fee and solid waste pickup charges will apply once the annexation of these properties is finalized. The charges for Stormwater Utility Fee and solid waste pickup may not start immediately upon annexation. Police - This project will impact the Police department by increasing the calls for service. Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 2016-30.01 Item # V.1 Osceola County School Board - The Annexation of these parcels with their existing residential development into the City Limits of the City of St. Cloud will not impact public schools. Should an application requesting an increase in the residential density occur, school capacity impacts shall be subject to negotiation and mitigation with the School District. Planning Commission Required Action On April 19, 2016, the Planning Commission reviewed the request for the annexation by encumbrance of 15 properties in the area of Michigan Ave. Ms. Holloway made a motion to recommend approval. Mr. Gonzalez provided a second to the motion. The vote was 4-0 with all members voting “aye”. City Council Required Action Per Section 5.6.4.3 of the Land Development Code, the City Council shall base their decision on the recommendations from the Development Review Committee and the Planning Commission as well as impacts listed in the background of this report. Attachments Ordinance No. 2016-20 Exhibit A – Parcel List Exhibit B – Annexation Map Location Map Future Land Use Map Zoning Map School Capacity Report Ordinance No. 2016-20 Michigan Avenue Area Annexation Case No. 2016-30.01 Item # V.1 Michigan Avenue Area Annexation Future Land Use Map March 2016 CLAY DR DAVID DR NEW NOLTE RD Legend C H Annexation Parcels IP P St Cloud FutureELand Use W A RESIDENTIAL LOW DENSITY LN MEDIUM DENSITY RESIDENTIAL SE N EC N MAIDU CT A TR L COMMERCIAL PUBLIC/INSTITUTIONAL Osceola County Future Land Use LOW DENSITY RESIDENTIAL DELAWARE AVE MICHIGAN AVE INDIANA AVE REBECCA DR Item # V.1 TE OL RD / Michigan Avenue Area Annexation Zoning Map March 2016 CLAY DR Legend Annexation Parcels DAVID DR DELAWARE AVE MICHIGAN AVE INDIANA AVE REBECCA DR Zoning A R-E R-1 R-1A NEW NOLTE RD R-1B N R-2 PUD P Osceola County Zoning AC E-1* C HI E-1A*PP E-2A* PD EW A SE N LN EC MAIDU CT A TR L R-2* RS-1A* RS-1C* RS-2* Item # V.1 TE OL RD / SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC #2015/16-0261 DRC#: 16-30.01 Current FLU: LDR Requested FLU: LDR PROJECT NAME: Michigan Avenue Area Annexation PROJECT LOCATION: Current Zoning: E-2A, E-1A, RS-1C, RS-1A, R-2 & AC Requested Zoning: R-E, A Michigan Avenue Area COMMENTS DUE DATE: March 23, 2016 PID#: multiple The Annexation of these parcels with their existing residential development into the City Limits of the City of St. Cloud will not impact public schools. Should an application requesting an increase in the residential density occur, school capacity impacts shall be subject to negotiation and mitigation with the School District. Page 1 of 1 C:\Users\sandram\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PVHG1E7Y\16-30 01 Michigan Avenue Annexation.docx Item March 24, 2016 (Rev. 07.05.15) # V.1 Item # AGENDA First Reading: First Public Hearing: 04/28/2016 Public Hearings Second Public Hearing: 05/12/2016 Ordinance No. 2016-23 Resolution No. Final Action: 04/28/2016 05/12/2016 - Passed, motion made by Mr. Askew, seconded by Mr. Holmes, vote was 5-0, all members voting, "aye". DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-23 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. Ordinance No. 2016-23 is proposing changes to Article III, Division 19 – Sign Regulations of the Land Development Code (LDC) since the City of St. Cloud has recently received several complaints regarding Electronic Variable Message (EVM) boards and On April 15, 2016, staff reviewed this application for annexation by encumbrance and offers no objections. On April 17, 2016, the Planning Commission reviewed the request for changes to Article III, Division 19 – Sign Regulations of the Land Development Code (LDC). Ms. Holloway made a motion to recommend approval. Mr. Gonzalez provided a second to the motion. The vote was 4-0 for approval. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A Item # V.2 CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 04/28/2016 05/12/2016 - Passed, motion made by Mr. Askew, seconded by Mr. Holmes, vote was 5-0, all members voting, "aye". ATTACHMENTS: Description Ordinance No. 2016-23 Staff Report Item # V.2 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING 1300 9th Street ST. CLOUD, FL 34769 ORDINANCE NO. 2016-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF ST. CLOUD, FLORIDA TO INCLUDE ARTICLE III, DIVISION 19 SECTION 2 DEFINITIONS; AND ADDING SECTION 6.K – PROHIBITED CHARACTERISTICS AND SECTION 11.L – SIGN REGULATIONS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ST. CLOUD, FLORIDA, as follows: SECTION 1 Article III, Division 19.2. – Definitions of the City of St. Cloud Land Development Code is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): Altered. A change of copy, logo, or other means in which the message is changed or enlarged, changing shape or location or structural supports. Animated. Blinking, flashing and rotating signs. Informational type signs specific to time, temperature, civic messages, etc., are not considered animated. Any sign with motion, action or flashing lights or colors activated by mechanical, electrical or other non-natural means. Animated sign. A sign having action, motion, movement, changeable copy, or flashing color changes that are activated by electrical energy, electronic energy or other manufactured sources of energy supply, but not including wind-activated movement such as in flags, banners or pennants, or mechanical movement signs. Animated signs include grids of flashing lights or mechanical elements in patterns that give the perception of movement, as in chasing lights or programmable displays. For purposes of this title, an animated sign shall not be considered a mechanical movements sign if the only mechanical movement in the sign relates to the movement of grids to produce programmable displays. Awning sign. A permanent sign placed on an awning which is supported entirely from the exterior wall of a building and composed of a non-rigid material except for the support framework. The allowance for signage shall be the same as for facade signs. The calculation of signage shall be the area within a continuous line that encloses the outer extremities of all letters, figures, characters, symbols, and delineations either painted, stamped, perforated or stitched on the surface area of any awning, canopy, or roller curtain. Bullet/portable sign. A ground sign, which is not permanently secured or attached to the ground, excluding an A-frame sign. (Ord. No. 2011-08, § 1, 4-28-2011) Construction site identification sign. A temporary sign which is displayed on the premises by the developer of such project, only during progress of actual construction work, which indicates the ultimate character of the development or those firms or individuals involved in its creation. Contractor sign. A temporary sign which is displayed on an individual lot which identifies the particular contractor, sales information, or information in regard to the work being performed. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 1 of 10 Development entranceway signs. A permanent sign which is permanently displayed at the entrances to a subdivision identifying only the name of such development. Directional sign. A permanent sign which transmits information which facilitates vehicular access to and from off-street parking or drive-in facilities, and may identify the name or logo of the establishment but does not in any way contain advertisement. Double-faced signs. A sign with two parallel, or nearly parallel faces, back to back, and where the faces are no greater than three feet apart. Drive-in menu signs. Signage necessary for the operations of a drive-in restaurant establishment. Such signage shall not be designed or located so as to be visible from any roadway with the intent to advertise to passing motorists nor shall such signs be designed to attract the attention of such persons or to communicate information to them. (Ord. No. 2000-27, 8-9-2000) Drive-in restaurant. An establishment whereby customers park under a covered parking and are served by a server directly to the automobile. (Ord. No. 2000-27, 8-9-2000) Electronic variable message sign (EVM) means a type of animated sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. The elements may be internally illuminated or may be illuminated by reflected light. The sign may be part of a permanent sign that is not a programmable electronic sign. "Programmable electronic sign" includes sign display screens commonly known as liquid crystal display (LCD), plasma and digital displays, and their functional equivalents. This definition applies whether the display is used to produce a series of still images, or images that appear to move on the display screen. Establishment. An individual business or enterprise located on a parcel of land or within a shopping center, with a particular address for that business or enterprise. Facade (wall) sign. Any permanent sign attached to and erected parallel to the face of, or erected or painted on the window or outside wall of a building and supported throughout its length by such wall or building. (Ord. No. 95-29, 7-13-1995) Finished grade. The average grade of the ground not including the berm. Freestanding sign. A permanent sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, pedestal or other structure) that is not itself an integral part of, or attached to a building or other structure whose principal function is something other than the support of a sign. A monument sign is considered a freestanding sign with its own regulations. Frontage. For the purpose of these sign regulations, only one side of any parcel of property shall be considered as frontage in the calculation of total sign area permitted, and that side shall be determined by the street address or the main entrance door. Hanging sign. Any permanent sign which is displayed over a public sidewalk or pedestrian way and is supported from a projected canopy or roof overhang. Illuminated sign. A sign which gives forth artificial light or is designed to reflect light from one or more sources of artificial light. Maintenance. Maintenance shall include cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter size, structural members or increase any portion of a nonconforming sign. Menu sign. A permanent sign that is associated with drive-thru or carryout services which identifies only the name of the establishment and the current list and prices of goods and/or services available in that establishment. Such sign shall only be located within the side or rear yard and adjacent to the drive-thru lane. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 2 of 10 Nonconforming sign. A sign that does not conform to the area, dimensional or other requirements as set forth in this code. Off-site Sign. Any sign whose purpose is to advertise, display, identify, direct attention to or in any other way present to the public a message that relates to a product, business merchandise, service, institution, residential area, entertainment, charitable organization, religious organization, or any other organization or activity conducted by any company, person, or organization that is not located, purchased, rented, based, offered, furnished, or otherwise associated with the property on which the sign is located. This includes a sign erected by an outdoor advertising business, a digital billboard sign, a multi-vision sign, or any other sign meeting the definition of off-site sign. An off-site sign shall include a sign structure and/or sign display surface, upon which copy or information content is intended to be displayed. A sign structure without display surface shall not be construed to be an off-site sign; nor, shall a sign structure with only nondurable paper, cloth, or plastic sheeting, without a rigid frame, be construed to be an off-site sign. Portable sign. A temporary sign of any size, type or material which is attached to a vehicle or structure and can be moved from place to place on wheels, skids, boards or similar means. Real estate sign. A temporary sign which indicates a property is for sale, rent or lease is used to offer for sale, lease or rental of the premises upon which such sign is erected. For purposes of this chapter, an open house, model home or new development sign shall be considered a real estate sign and not off-site signage. Roofline. The horizontal line at the intersection of the fascia or wall at the lowest point of the roof. When an establishment is designed as an "A" frame, Quonset or similar type structure, such roofline shall be considered by drawing an imaginary horizontal line eight foot above grade or not to exceed the highest portion of the roof. Sign. An identification, logo, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, service, institution or business. A sign shall include all types of mobile signs in all cases where the principal use of the vehicle, trailer or mobile structure, containing or supporting such signs are for the purpose of advertisement. Sign area. The area within a continuous line that encloses the outer extremities of all letters, figures, characters, symbols and delineations. Only one side of a double-faced sign shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying its diameter by its height. Architectural elements used to support the sign or frame the sign area shall not be counted as sign area provided they do not cause the overall area of the front of the sign structure to increase by more than 50 percent. In the event the architectural elements cause the front of the sign structure to exceed the sign area by more than 50 percent, the amount of architectural element in excess of 50 percent shall be counted toward the total sign area. The architectural features shall comply with any height restrictions and setbacks. These architectural elements cannot advertise any business or service offered on the property. (Ord. No. 2004-117, 10-28-2004) Sign, directly illuminated. A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign, including but not limited to illuminated tubings (neon lights) and exposed lamp signs. Sign, indirectly illuminated. A sign illuminated with a light so shielded that no direct rays therefore are visible elsewhere than on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign. Subdivision development sign. A temporary sign identifying the development of a subdivision. Such sign may include the project name, developer, owner, architect, engineer, contractors, subcontractors, funding sources and may contain sales information. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 3 of 10 Temporary sign. A sign that is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place within a reasonably short period of time. Temporary signs may include sandwich signs, balloons, flags, banners, or trailer signs. Such signage is considered nonexempt temporary signage. Signs temporarily attached to the interior of windows for the purpose of advertising sales of merchandise within the establishment may include placards, posters, self-contained portable electric signage not substantially affixed, etc., are considered exempt temporary signs. Painted signage onto the glass or vinyl lettering affixed to the glass is not signage temporarily affixed. (Ord. No. 2001-40, 9-27-2001) Vacated. To give up the incumbency or occupancy. To vacate an office, post or tenancy. SECTION II Article III, Division 19.6. – Sign Regulations, Prohibited characteristics of the City of St. Cloud Land Development Code is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): K. Off-site signage shall be prohibited. SECTION III Article III, Division 19.11. – Permanent Signs of the City of St. Cloud Land Development Code is hereby amended as follows (note strikethrough indicates removed words and underlined indicates added): L. Electronic Variable Message (EVM) Sign 1. Illuminance measurement using a light meter. a. The distance (rounded to the nearest foot) from which the illuminance is to be measured shall be calculated using the following formula: Where: x = Measurement distance in feet L = Allowable luminance of the sign = 323 cd/m2 A = Area of the sign in square feet ΔI = Change in illuminance = 0.3 fc b. Based on the measurement distance calculated above, the illuminance shall be measured at a corresponding distance perpendicular to the center of the EVM sign face. See Figure 3.19.11.1, Measurement point (plan view). _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 4 of 10 Figure 3.19.11.1, Measurement point (plan view) c. The light meter's photocell shall be set up at the measurement point at a height of five (5) feet above grade. The photocell shall be oriented to face the EVM sign panel. See Figure 3.19.11.2, Photocell orientation (elevation view). Figure 3.19.11.2, Photocell orientation (elevation view) d. With the EVM sign displaying a solid white message, a measure of the illuminance shall be taken. For displays which utilize one (1) color only, the message shall be the solid color of the display. e. With the EVM sign off, a measure of the illuminance shall be taken. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 5 of 10 f. The illuminance of the sign shall be measured as the change in illumination and shall be calculated using the following formula: ΔI = Imax - Imin Where: ΔI = Change in illuminance Imax = Illuminance measured with the sign on Imin = Illuminance measured with the sign off 2. Electronic variable message (EVM) signs shall meet the following criteria: a. Sign area. An EVM sign may be a portion of a sign or may comprise the entire area of a sign. Only one (1) sign panel per sign face may utilize EVM technology. b. Display. The EVM sign shall display static messages/images only and the transition from one (1) static message or image to the next shall be instantaneous. c. Dwell time. (1) For on-premises EVM signs located on streets classified as a minor arterial, major arterial, freeway, or interstate, each message or image shall have a minimum dwell time of three (3) seconds. (2) For on-premises EVM signs located on streets classified as a collector, neighborhood collector, or local street, each message or image shall have a minimum dwell time of six (6) seconds. d. Malfunction display lock. The sign shall be programmed with a static default message or image. If a malfunction occurs: (1) The default message or image shall freeze the sign in one (1) position; and (2) The maximum light intensity shall be automatically set at three hundred twenty-three (323) candelas per square meter or the sign's illumination shall be turned off. e. Lighting. The sign shall be equipped with light sensors in accordance with the following: (1) Controls. Ambient light sensors shall be installed prior to the sign's erection on a site and shall automatically adjust the light intensity of the sign based on ambient light conditions. (2) Certification. At the time of application for a sign permit, written certification from the sign manufacturer shall be provided certifying that: i. Ambient light sensors are installed; ii. The light intensity of the sign has been preset to not exceed the levels established by this section; and iii. The preset intensity is protected from end user manipulation by password protected software or other approved method. (3) Nighttime lighting. Between sunset and sunrise, as determined by the National Oceanic and Atmospheric Administration, the maximum light intensity shall not exceed three hundred twenty-three (323) candelas per square meter, or three-tenths (0.3) of a foot-candle above ambient light levels. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 6 of 10 f. Sound. EVM signs shall not emit audible sound. g. Prohibited EVM signs. EVM signs are prohibited for the following sign types: (1) Temporary signs; (2) Portable signs; (3) Animated signs; and (4) Vehicle signs which are used as an on-premises sign, a permanent identification, or to circumvent other parts of this Code. h. Conversion. (1) Existing, legally conforming signs may be converted to an EVM sign when all applicable requirements are met. (2) Nonconforming signs shall be prohibited from converting to an EVM sign unless such conversion shall cause the EVM sign to come into full compliance with all applicable regulations of this Code. i. Glare. Lighting on an EVM sign shall not cause glare which impairs the vision of the driver of a motor vehicle or to otherwise interfere with the safe operation of a motor vehicle. j. Maintenance. EVM signs and their components shall be properly maintained in full operational order. k. Nonconforming EVM signs. Nonconforming EVM signs shall be prohibited from changing messages/images between 10:00 p.m. and 6:00 a.m. l. Exceptions. (1) Pedestrian-oriented directory and menu signs shall not be considered an EVM sign when the following criteria are met: i. Number. For the site, only one (1) directory sign or one (1) menu sign shall be permitted to use EVM technology. ii. Sign area. The sign shall have a maximum area of three (3) square feet. iii. Location. The sign shall be attached to the wall within four (4) feet of the building's entrance or window serving walk-up customers. iv. Copy changes. The sign's copy does not change more than once per day. (2) Menu boards for businesses offering drive-thru services shall not be considered an EVM sign and shall be subject to the following criteria: i. The EVM portion of the menu board shall comprise no more than fifty (50) percent of the menu board's area. ii. The menu board shall not be located within the first twenty (20) feet of the front of the development site and shall be located a minimum of twenty (20) feet from any lot line abutting a residential zoning district. (3) The advertised price of motor fuels dispensed by a retail dealer may be displayed on more than one (1) EVM sign panel provided that the EVM sign panels shall be embedded in a _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 7 of 10 non-EVM sign panel on a detached sign. See Figure 3.19.11.3, Embedded EVM sign panels within a non-EVM sign panel. Figure 3.19.11.3, Embedded EVM sign panels within a non-EVM sign panel (4) An EVM sign may use a travelling transition subject to the following criteria: i. The sign has an area of fifteen (15) square feet or less. ii. If the EVM sign is located in any residential district or more restrictive district, the sign shall have no message/image changes between 10:00 p.m. and 6:00 a.m. (5) Signage permitted in Section 3.19.5.D of the Land Development Code (LDC) of the City of St. Cloud. n. Enforcement procedure for nighttime lighting requirements. The Code Enforcement shall use the following procedure to issue citations for an EVM sign's lighting during nighttime hours: (1) Illuminance measure using a light meter. EVM sign owners and/or operators shall be required to cooperate with the department of inspection and code enforcement when testing the sign. i. Upon receiving a complaint about an EVM sign's lighting at night, the department of inspection and code enforcement shall send a letter to the property owner. The letter shall include the following information: (a) A summary of the City of St. Cloud's sign lighting requirements for nighttime hours. (b) Date and time a Code Enforcement officer will perform the inspection. (c) Requirement that the sign owner/operator be present for the inspection of the EVM sign's lighting. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 8 of 10 (d) Requirement that a solid white message (for monochrome displays, the message shall be the solid color of the display) be prepared prior to and available during the inspection. (e) Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face, at the following distances: (1) A sign that is zero to 100 square feet in area shall be measured at a distance of one hundred 100 feet from the sign area being measured; (2) A sign that is 101 to 350 square feet in area shall be measured at a distance of 150 feet from the sign area being measured; (3) A sign that is 351 to 650 square feet in area shall be measured at a distance of 200 feet from the sign area being measured; (4) A sign that is 651 to 1,000 square feet in area shall be measured at a distance of 250 feet from the sign area being measured; (5) A sign that is over 1,000 square feet in area shall be measured at a distance of 350 feet from the sign area being measured. ii. SECTION IV During the inspection, the director of inspection and code enforcement or the director's designee shall take three (3) measures of the EVM sign's illumination, following the procedure set forth in section 3.19.11.L.2.n.(1).i of this article. The average of the three (3) measures shall be the sign's illumination. SEVERABILITY. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION V CONFLICTS. This action supersedes all codes and ordinances of the City or parts of, in conflict with this ordinance, to the extent of the conflict. SECTION VI CODIFICATION. Sections I and II of this Ordinance shall be codified in the Land Development Code for the City of St. Cloud, Florida, separate and apart from the Code of St. Cloud. The codifier is authorized to make editorial changes not affecting the substance of this ordinance in the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise take such editorial license. SECTION VII SCRIVENER’S ERRORS. 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. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 9 of 10 SECTION VIII EFFECTIVE DATE. This ordinance has been published and shall take effect as provided by law. FIRST READING ON THE 28TH DAY OF APRIL, 2016 SECOND READING ON THE 12TH DAY OF MAY, 2016 ________________________________ Rebecca Borders, Mayor ATTEST: _________________________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: de Beaubien, Knight, Simmons, Mantzaris & Neal _____________________________________ Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud, 1300 9th Street, St. Cloud, Florida 34769. _____________________________________________________________________________________________________ Ordinance No .2016-23 LDC Amendment – Sign Regulations DRC Case # 16-55.05 Item #Page V.2 10 of 10 CITY OF ST. CLOUD, FLORIDA MEMORANDUM REPORT FOR CITY COUNCIL MEETINGS ON APRIL 28, 2016 & MAY 12, 2016 To: Mayor Rebecca Borders and Members of the City Council From: Department of Planning & Zoning Subject: Article 19 – Sign Regulations – Case No. 16-55.05 Land Development Code Amendment Date: April 8, 2016 Ordinance No. 2016-23 is proposing changes to Article III, Division 19 – Sign Regulations of the Land Development Code (LDC) since the City of St. Cloud has recently received several complaints regarding signage. Staff is proposing to better regulate signs that contribute to these complaints through the following changes to Article III, Division 19, Section 2 – Definitions: 1. The definition of Animated was replaced to capture a broader range of graphic presentations associated with different sign types. 2. A definition of Animated Sign was added to better regulate signs that could possibly distract drivers. 3. A definition of Electronic Variable Message Signs (EVM) to regulate how graphics are presented with this sign type. 4. The definition of Freestanding sign was expanded by adding monument signs to the definition. 5. A definition of Off-site Sign was added to clarify different sign types and their contributions to the streetscape. 6. The definition of Real Estate Sign was altered to capture a variety of sign types associated with real estate. Other major changes within Article III, Division 19 – Sign Regulations include: 1. Prohibiting off-site signage in the City of St. Cloud. Item # V.2 Case No. 16-55.05 - Sign Regulations Page 2 of 2 2. Additional regulations were added to the Prohibited Characteristics subsection of the Sign Regulations concerning Electronic Variable Message (EVM) Sign. These regulations include criteria on transitioning from one message to the next, frequency of display changes, lighting controls, and enforcement procedures. The DRC review of the new regulations was completed on April 15, 2016 with no objections. On April 19, 2016, the Planning Commission reviewed the request for changes to Article III, Division 19 – Sign Regulations. Ms. Holloway made a motion to recommend approval. Mr. Gonzalez provided a second to the motion. The vote was 4-0 with all members voting “aye”. Per Section 5.6.4.3 of the Land Development Code, the City Council shall base their decision on the recommendations from the Development Review Committee and the Planning Commission as well as impacts listed in the background of this report. Attachments Ordinance No. 2016-23 Item # V.2 Case No. 16-55.05 - Sign Regulations Page 2 of 2 Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: Ordinance No. 2016-24 Resolution No. Final Action: 5/12/2016 TBD - Final Action DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-24 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Future Land Use map amendment to High-Density Residential and a Zoning map amendment to R-4, MultiFamily Dwelling for approximately 10.422 acres of vacant land. The subject properties meet the requirements of Florida Statutes Section 171.044 for voluntary annexation by being contiguous to the City and reasonably compact. On April 7, 2016, staff reviewed this application for annexation and offers no objections. On April 19, 2016, the Planning Commission reviewed the request for the Annexation, Future Land Use and Zoning of St. Cloud West Village Center. For the Annexation, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Item # V.3 I recommend approval. CITY COUNCIL ACTION: 5/12/2016 TBD - Final Action ATTACHMENTS: Description Ordinance No. 2016-24 Exhibit A Staff Report 16 Required Questions Development Regulations Location Map FLU Map Zoning Map School Capacity Report Osceola County Letter 4/7/16 Pending Annexations Map Item # V.3 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 10.42 ACRES IDENTIFIED AS ST CLOUD WEST VILLAGE CENTER, LOCATED NORTH OF US 192, SOUTH AND EAST OF BIG SKY BOULEVARD AND WEST OF THE ST. CLOUD CANAL; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER 171.044, FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Linda Phillips-Yorks, Trustee of the Linda Phillips-Yorks Revocable Trust has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated March 24, 2016; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated March 1, 2016 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 April 19, 2016; 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 is annexed into the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes: Beginning at the Southwest corner of the Southeast ¼ of the Southwest ¼ of Section 33, Township 25 South, Range 30 East, Osceola County, Florida; run South 00°00’53” West, 374.19 feet; run thence North 51°16’38” East, 1048.75 feet; run thence North 58°26’39” West, 726.97 feet; run thence Southwesterly on a 280.79 foot radius curve to the right, 220.09 feet, to the West line of said _______________________________________________________________________________________________________ Ordinance No. 2016-24 St. Cloud West Village Center DRC Case # 16-86.01 ItemPage # V.3 1 of 2 Southeast ¼ of Southwest; run thence South 00°00’53” West, 581.0 feet, to the Point of Beginning. A/k/a Tract 45 Big Sky Unit Three. Including any and all adjacent rights-of-way. SECTION 2: That occupants and owners of the property shall be entitled and subject to all the rights, privileges, immunities, and responsibilities of occupants owners of property in the City of St. Cloud, Florida, as provided in Chapter 171, Florida Statutes. SECTION 3: 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 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: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12th day of May, 2016 Second Reading on the 23rd day of June, 2015 Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida 34769. _______________________________________________________________________________________________________ Ordinance No. 2016-24 St. Cloud West Village Center DRC Case # 16-86.01 ItemPage # V.3 2 of 2 St Cloud West Village Center Ordinance No. 2016-24 Subject Property Annexation BIG SKY BLVD IR LO BR Legend City_Limits of St. Cloud 4/7/16 Subject Property ON SO N ME M HW April 2016 CINDER LN EXHIBIT A St. Cloud West Village Center Annexation Map ST Y 13 TH ST O CL UD VI LL E AG CT Item # V.3 / St. Cloud West Village Center / CINDER LN March 2016 St Cloud West Village Center Case No. 16-86.01 BIG SKY BLVD IR LO BR St Cloud West Village Center 2 Case No. 16-86.02 ON SO N ME M HW Y IR LO4 St Cloud West Village Center BR Case No. 16-30.04 O St Cloud West Village Center 3 Case No. 16-30.03 NS ON ME M HW ST SCWVC - ALL UD A LL Y St Cloud West Village Center - Fairwinds Case No. 16-30.02 Legend O CL VI 13 TH ST 13 TH ST Item # V.3 GE CT City Council Staff Report Meeting Dates: May 12, 2016 & June 23, 2016 DRC Case # 16-86.01 Ordinance No. 2016-24, Annexation 2016-25, Future Land Use 2016-26, Zoning Type of Application Voluntary Annexation, Future Land Use & Zoning Applicant City of St. Cloud, FL Case Name St. Cloud West Village Center Location North of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal Total Land Area +/- 10.422 acres Parcel ID # 33-25-30-0000-4450-0000 Project Planner Bill M. Spivey OVERVIEW The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Future Land Use map amendment to HighDensity Residential and a Zoning map amendment to R-4, Multi-Family Dwelling for approximately 10.422 acres of vacant land. ANNEXATION The subject property associated with this voluntary annexation encompasses +/- 10.42 acres north of US 192, south and east of Big Sky Blvd. and west of the St. Cloud Canal. Currently, the subject property abuts the city limits along the southeast property boundary. As required by Prior Florida Statutes Section 171.044, the City is making the following findings: The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting the City’s Jurisdiction limits along the property’s southeast boundary making it contiguous. Additionally, 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, 2014. The proposed annexation meets the requirements of Florida Statutes Section 171.044, and therefore is eligible for annexation into the City. Item # V.3 Page 1 of 5 The petition must bear the signatures of all owners of the subject property to be annexed. The City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel No. 33-25-30-0000-4450-0000 into the City’s Jurisdiction limits. FUTURE LAND USE The applicant has requested to change the Future Land Use of the property to High-Density Residential for the construction of Multi-Family Dwellings which is compatible with the proposed Zoning and the adjacent property to the southeast. 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 North E-1A (County) East RS-2 (County) And R-4 (City) South R-4 (St. Cloud) West AC & E-2A (County) Future Land Use Low-Density Residential (County) Low-Density Residential (County) and High Density Residential (City) High-Density Residential Existing Land Use Single-Family Dwelling (County) Multi-Family Dwelling (St. Cloud Village Apts.) Low-Density Residential Vacant & Single-Family Dwelling (County) Single-Family Dwelling (County) and MultiFamily Dwelling (City) According to the County’s Future Land Use Map, the current future land use designation for the subject property is Low Density Residential. Changing the future land use designation to City – High Density Residential respectively could result in the following: TABLE 2: POTENTIAL CHANGE IN DENSITY FOR SUBJECT PROPERTY County - Low Density Residential 5 d.u./acre vs. City - High Density Residential 18 d.u./acre Current Potential Potential 7.59 ac. X 5 d.u. = 37.95 d.u./acre 7.59 ac. X 18 d.u. = 136.6 d.u./acre CONSISTENCY WITH THE CITY OF 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 following policies are offered in support of this request: Policy 1.4.2 The change to High-Density Residential is consistent with the Comprehensive Plan by promoting the development of high density residential uses north of 13 th Street and west of the Downtown Grid. According to Policy 1.4.2 of the Future Land Use Element of the 2020 Comprehensive Plan, the City shall allow High Density Residential land uses classification only in those areas which meet the following. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.3 Page 2 of 5 a. Property located within two miles of an elementary school. approximately 1.4 miles from Partin Settlement Elementary. The subject property is located b. Property located within three miles of fire station. The subject property is located approximately 2.2 miles from the St. Cloud Fire Rescue Station located at 900 Minnesota Avenue. c. Property has direct access to an arterial road. The subject property will have direct access to E. Irlo Bronson Memorial Highway/192. d. Property is located in an area which is served by a “looped” water main system. Based on current utility standards, the water system shall be looped. e. Property meets all level of service criteria. development process. These criteria will be provided as part of the Policy 2.1.5 This policy states that neighborhood commercial areas and uses that generate high traffic loads must be located adjacent to collector or arterial roadways. The subject property is part of larger development that totals over 25 acres of a mix of commercial and high-density residential with direct egress and ingress to E. Irlo Bronson Memorial Highway/192. Impact Review of City 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 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: An analysis of the existing and proposed FLUM designations and anticipated impacts to potable water and sanitary sewer is provided below based on gallons per day (GPD). This will be determined at time of submittal of the construction plans. The amendment will increase water demand or sanitary sewer flow. The subject property will be required to connect to potable water and sanitary sewer once developed. Water and sewer service are available with extensions. Maximum Residential Use: Analysis of Potable Water Usage Existing Land Use: 6,000 GPD Proposed Development Program: 56,000 GPD Analysis of Sanitary Sewer Usage Existing Land Use: 5,300 GPD Proposed Development Program: 49,555 GPD 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 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.3 Page 3 of 5 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. 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. 4. Parks and Recreational Facilities Analysis: The proposed land use amendment will not negatively impact the City’s existing park and recreation land. 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. 6. School Impact Analysis: Should the project increase utilization of schools above adopted level of service, the applicant shall meet with the School District to obtain a Letter of Agreement outlining an accommodation plan for the students generated. The School Capacity report is attached. ZONING The applicant is requesting a Zoning designation of R-4, Multi-Family Dwelling which complies with the Comprehensive Plan and the Future Land Use designation of High-Density Residential. The area of the City of St. Cloud abutting the property to the southeast has a Future Land Use designation of High-Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. The current Zoning for the adjacent properties is shown in Table 1. DRC REVIEW The DRC have reviewed this request for Voluntary Annexation along with changes to the Future Land Use and Zoning designations. The Development Review Committee had no objections and provided the following informational comments: Public Works - Stormwater Utility Fee and solid waste pickup charges will apply once the annexation of these properties is finalized. The charges for Stormwater Utility Fee and solid waste pickup may not start immediately upon annexation. Police - Any commercial or residential growth will impact calls for service. As calls for service increase, additional officers and dispatchers are required. Osceola County School Board – Please see attached School Capacity Report. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.3 Page 4 of 5 Osceola County Department of Community Development – Please see attached letter. PLANNING COMMISSION REQUIRED ACTION On April 19, 2016, the Planning Commission reviewed the request for the Annexation, Future Land Use and Zoning of St. Cloud West Village Center. For the Annexation, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Future Land Use, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Zoning, Ms. Holloway made a motion to recommend approval. Mr. Rick provided a second to the motion. The vote was 2-2, a tie with Mr. Gonzalez and Mr. Vittelli voting “nay.” STAFF RECOMMENDATION Staff recommends that the subject property be annexed into the City, assigned a Future Land use designation of High Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. Attachments Ordinance No. 2016-24 (Annexation) Exhibit A – Map of Subject Property Ordinance No. 2016-25 (FLU) Ordinance No. 2016-26 (Zoning) Applicant’s response to 16 required findings in Section 3.4.3.C.2.a of the LDC Development Regulations Location Map Future Land Use Map Zoning Map School Capacity Report Osceola County Letter 4/7/16 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.3 Page 5 of 5 Item # V.3 Item # V.3 Item # V.3 TABLE III-4 CITY OF ST. CLOUD LAND DEVELOPMENT CODE -- DEVELOPMENT REGULATIONS BY ZONING DISTRICT AGRICULTURAL AND RESIDENTIAL REQUIREMENTS MINIMUM LOT WIDTH (FT.) MAXIMUM DWELLING SIZE LOT MINIMUM MINIMUM GROSS COVERAGE RECREATION FLOOR AREA PRIMARY & (SQ. FT.) STRUCTURE OPEN SPACE MAXIMUM DENSITY (UNITS PER ACRE) -------FRONT (PRIMARY STREET) -------- -- -- -------- -------- SIDE -------------SIDE (ON SECONDARY STREET) REAR WATER FRONT1 MAXIMUM BUILDING HEIGHT (FT.) 35 20 35 25 -- 35 DISTRICT USE MINIMUM SITE AREA (SQ. FT.) A Agricultural 43,560 125 900 -- R-E Single-family 15,000 100 1,600 50% 9 -- 4 25 15 25 25 30 35 R-1 Single-family 10,000 75 1,000 50% 9 -- 4 25 10 15 25 25 35 R-1A Single-family 9,000 62.5 1,000 50% 9 -- 4 25 7.5 15 25 25 35 R-1B Single-family 7,500 62.5 1,000 50% 9 -- 4 25 5 15 25 25 35 9 R-2 Single-family Duplex Non-Dwelling 7,500 11,250 11,250 62.5 75 75 1,000 2 1,800 -- 50% 9 50% 9 50% ---- 8 8 8 25 25 25 5 5 5 15 15 15 25 25 25 25 25 25 35 35 35 R-2A Single-family 7,500 62.5 1,000 50% 9 -- 8 25 5 15 25 25 35 R-3 Single-family Duplex Multi-family / Unit Cluster / Unit Non-Dwelling 7,500 11,250 4,356 6,000 15,000 62.5 75 1,000 2 1,800 900 1,000 -- 50% 9 35% 9 35% 9 35% 9 35% 9 --- 10 3 10 3 10 3 10 -- 25 25 7 5 5 7 15 15 25 25 25 25 25 5 15 25 -- 35 35 8 35 8 35 8 35 50% 9 35% 9 35% 9 35% 9 35% 25 25 7 5 5 7 15 15 25 25 --- 15% 18 3 18 3 18 3 18 3 18 20 7 5 7 15 20 -7 35 35 8 35 8 35 8 35 6% -- 6 -- 10 25 -5 -15 -25 -25 -35 -- -- 25 5 15 25 25 35 R-4 10 10 4 50/Unit 100 62.5 75 9 Single-family Duplex Multi-family / Unit Cluster / Unit Non-Dwelling 7,500 10,000 2,420 6,500 15,000 50/Unit 100 1,000 2 1,800 900 1,000 -- MH-2 Mobile Home Park MH Subdivision 4,000 7,000 -50 -700 -9 35% MH-A MH-Annexation 7,500 50 700 35% 4 1 Waterfront measured from mean-high-water line. No units less than 900 square feet. (Ord. 2001-40, 9/27/01) Density to be set at time of zoning. 4 Multiple-family dwellings, townhouses, condominium projects and architecturally integrated subdivisions - not applicable per dwelling unit. Site specific project master plan overrides this criteria. 2 3 9 5 6 15% --5 6 3 3 7 5 7 7 7 7 7 7 7 7 7 7 Multiple-familiy dwellings, townhouses, condominium projects and architecturally integrated subdivisions - see Section 3.9.7(C). 6 Cluster home subdivision - see Section 3.9.7(B) 7 See Table, Section 3.9.4. 8 Height, See Section 3.9.6. 9 In no cases shall total maximum lot coverage exceed 50% for ALL primary AND accessory structures. 10 Applies to Single-Family detached lots created prior to the effective date of the Ordinance 2001-40, and to properties annexed after that effective date. Item # V.3 Revised ORD. 95-29, 7-13-95; Revised 08/09/00. Ord. 2000-27: Ord. 2000-51, 12/14/00: ORD. 2001-40, 9/27/01 7 7 March 2016 CINDER LN St. Cloud West Village Center Annexation, Future Land Use & Zoning Location Map St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning IR LO Legend North Parcel BR ON SO N ME M HW BIG SKY BLVD ST Y 13 TH ST O CL UD VI LL E AG CT Item # V.3 / March 2016 / CINDER LN St. Cloud West Village Center Annexation, Future Land Use & Zoning Future Land Use Map St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning BIG SKY BLVD IR LO BR ON SO N ME M HW ST Y CL D OU VI LL E AG CT Legend North Parcel2 Osceola County MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL 13 TH INDUSTRIAL ST Item # V.3 COMMERCIAL LOW DENSITY RESIDENTIAL RURAL ENCLAVE St. Cloud West Village Center Annexation, Future Land Use & Zoning Zoning Map / CINDER LN March 2016 St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning BIG SKY BLVD IR LO BR ON SO N ME M HW ST Y C U LO D VI LL E AG CT Legend North Parcel2 St. Cloud Zoning Zoning R-2 R-3 R-4 13 TH PUD ST Osceola County Zoning Osceola County PRIM_ZON Item # V.3 I-1 HB PEND* CG CR* RPB AC E-1A* E-2* E-2A* PD RS-1C* RS-2* SCHOOL CAPACITY REPORT The School District of Osceola County Facilities Planning Division SDOC #: 2015/16-0269 Current FLU: County: LDR DRC#: 16-86.01 Requested FLU: SC: MF-Residential PROJECT NAME: St. Cloud West Village Center Current Zoning: County: RS-1C Annexation/FLU/Zoning Requested Zoning: SC: R-4 MF-Residential PROJECT LOCATION: US 192 COMMENTS DUE DATE April 7, 2016 PID: 33-25-30-0000-4450-0000 AC: 10.42 0 SF/TH Maximum/Proposed Units: Single Family/ Townhome 188 MF/CONDO Multi-family/ Condo 0 RESORT Short Term Rental Age Restricted 0 MH Mobile Home 0 Senior Housing Estimated Number of New Students Generated by Proposed Development Elementary (Gr K-5) 21 Middle (Grades 6-8) SF/TH/STR MF/CONDO PROPOSED IMPACT 10 13 High (Grades 9-12) MH TOTAL 0 188 0 188 Dwelling Units Student Generation 0.407 0.233 0.219 44 Total Students Elementary School 0.173 0.113 0.108 21 Middle School 0.091 0.052 0.049 10 High School 0.143 0.068 0.062 13 LEVEL OF SERVICE (LOS) 2015-16 2018-19 COFTE Permanent Student Capacity Current Level of Service 3 YR Projected COFTE Projected COFTE w/ Impact Projected LOS w/ Impact Partin Settlement ES 822 895 92% 822 843 94% Neptune MS 1308 1494 88% 1508 1518 102% St. Cloud HS 2243 2309 97% 2247 2260 98% SCHOOL NAME COMMENTS Study Area: 383 PSES: 2.5 +/- miles NPMS: 2.2 +/- miles SCHS: 5.2 +/- miles Partin Settlement Elementary currently has eight (8) relocatables on site to accommodate its existing enrollment. Neptune Middle currently has five (5) relocatables on site to accommodate its existing enrollment. St. Cloud High currently has eleven (11) relocatables on site to accommodate its existing enrollment. Currently, the School District is experiencing overcrowding in our schools serving this area. The new high school, opening for the school year 2018-19, will provide relief of our existing over capacity high schools; Gateway High, Harmony High, Osceola High and St. Cloud High, and provide some capacity for students projected from currently approved residential development. The new high school is projected to be over capacity within five (5) years of opening. The School District recently approved the redistricting of 330+ students from St. Cloud High School to Harmony High School to accommodate its projected student population during the next 5 years within St. Cloud High School's new attendance zone boundary. School impacts are based on the allowable residential density and Floor Area Ratio (FAR) within the R-4, multi-family residential zoning district category being requested in this development application. A more accurate report can be generated with the submittal of a detailed site and development plan application which indicates the actual number of dwelling units proposed. This report is provided as a planning tool for use by the public and reflects the DOE COFTE, projected enrollment and school If proposed project increases utilization of schools above adopted level of service, applicant will obtain a Letter of Agreement outlining an accommodation plan for the students generated by this project, consistent with the provisions of Sections 6.3. - 6.6 of the Osceola County School Planning and Coordination Agreement (as required by Section 163.31777, F.S.[2012]). "The City and the applicant must collaborate with the School Board to identify available means that might be used to achieve sufficient capacity to accommodate the development, which may include, but not be limited to developer contributions, project phasing, or developer provided facility improvements." If you should have any questions please feel free to contact the Osceola School District Planning Services Department at 407-518-2916. "Education Which Inspires All to Their Highest Potential" Item # V.3 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\2015-16-0269_St.CloudWestVillageCenter\16-86.01,StCloudWestVillageCtr Item # V.3 Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: Ordinance No. 2016-25 Resolution No. Final Action: 5/12/2016 TBD - Final Action DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-25 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Future Land Use map amendment to High-Density Residential for approximately 10.422 acres of vacant land. The change to High-Density Residential is consistent with the Comprehensive Plan which promotes the development of high density residential uses north of 13th Street and west of the Downtown Grid, and it meets the criteria called out in Policy 1.4.2 of the Future Land Use Element of the 2020 Comprehensive Plan for locating High Density Residential land uses. On April 7, 2016, staff reviewed this application for annexation by encumbrance and offers no objections. On April 19, 2016, the Planning Commission reviewed the request for the Annexation, Future Land Use and Zoning of St. Cloud West Village Center. For the change of Future Land Use, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A Item # V.4 CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/12/2016 TBD - Final Action ATTACHMENTS: Description Ordinance No. 2016-25 Staff Report Applicant's response to 16 Findings Location Map Future Land Use Map School Capacity Report Item # V.4 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A FUTURE LAND USE DESIGNATION OF “HIGH DENSITY RESIDENTIAL” TO APPROXIMATELY 10.42 +/- ACRES, LOCATED NORTH OF US 192, SOUTH AND EAST OF BIG SKY BOULEVARD AND WEST OF THE ST. CLOUD CANAL; 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 163.3167, 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 2002-41, on September 26, 2002; and, WHEREAS, pursuant to Chapter 163.3161, 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 163.3161 through 163.3215, Florida Statutes, and Chapter 166, Florida Statutes, as amended, reserving to the City Council of the City of St. Cloud all permitted discretionary authority; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated April 19, 2016 and, WHEREAS, the City did transmit its analysis of the proposed amendment to the agencies as required by State Statute, and any other interested parties; and, WHEREAS, the State Land Planning Agency and required reviewing agencies did review the proposed amendment as outlined in Chapter 163, Florida Statutes; and, WHEREAS, the City Council has held two (2) public hearings and has produced advertisement and notice on this matter consistent with the requirements of Chapter 163.3184., Florida Statutes, and, WHEREAS, the City staff has prepared a staff report and will rely on the data as findings of fact to support the map change. _________________________________________________________________________________________________________ Ordinance No. 2016-25 St Cloud West Village Center DRC Case # 16-86.01 Page 1 of 3 Item # V.4 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. SECTION 2: The City of St. Cloud, Florida, Comprehensive Plan is amended in the following respects to the property, identified under Comprehensive Plan Amendment 2016-25 and described follows: Beginning at the Southwest corner of the Southeast ¼ of the Southwest ¼ of Section 33, Township 25 South, Range 30 East, Osceola County, Florida; run South 00°00’53” West, 374.19 feet; run thence North 51°16’38” East, 1048.75 feet; run thence North 58°26’39” West, 726.97 feet; run thence Southwesterly on a 280.79 foot radius curve to the right, 220.09 feet, to the West line of said Southeast ¼ of Southwest; run thence South 00°00’53” West, 581.0 feet, to the Point of Beginning. A/k/a Tract 45 Big Sky Unit Three. A. The City of St. Cloud Future Land Use Map, 2020, is amended to show the property as "High Density Residential”; 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 or his/her designee is authorized and directed to promptly enter changes on the Official Future Land Use 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 applicability and effect of the City of St. Cloud, Florida, Comprehensive Plan shall be as provided by Chapter 163.3161 through 163.3217, Florida Statutes, and this Ordinance, reserving to the City Council of the City of St. Cloud all permitted discretionary authority. 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. 2016-25 St Cloud West Village Center DRC Case # 16-86.01 Page 2 of 3 Item # V.4 SECTION 7: 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 8: 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 9: This ordinance has been published and shall take effect as provided by law. First Reading on the 12th day of May 2016 Second Reading on the 23th day of June 2016 Mayor Rebecca Borders ATTEST: ____________________________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: ________________________________ Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; 1300 9th Street; St. Cloud, Florida 34769 _________________________________________________________________________________________________________ Ordinance No. 2016-25 St Cloud West Village Center DRC Case # 16-86.01 Page 3 of 3 Item # V.4 City Council Staff Report Meeting Dates: May 12, 2016 & June 23, 2016 DRC Case # 16-86.01 Ordinance No. 2016-24, Annexation 2016-25, Future Land Use 2016-26, Zoning Type of Application Voluntary Annexation, Future Land Use & Zoning Applicant City of St. Cloud, FL Case Name St. Cloud West Village Center Location North of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal Total Land Area +/- 10.422 acres Parcel ID # 33-25-30-0000-4450-0000 Project Planner Bill M. Spivey OVERVIEW The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Future Land Use map amendment to HighDensity Residential and a Zoning map amendment to R-4, Multi-Family Dwelling for approximately 10.422 acres of vacant land. ANNEXATION The subject property associated with this voluntary annexation encompasses +/- 10.42 acres north of US 192, south and east of Big Sky Blvd. and west of the St. Cloud Canal. Currently, the subject property abuts the city limits along the southeast property boundary. As required by Prior Florida Statutes Section 171.044, the City is making the following findings: The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting the City’s Jurisdiction limits along the property’s southeast boundary making it contiguous. Additionally, 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, 2014. The proposed annexation meets the requirements of Florida Statutes Section 171.044, and therefore is eligible for annexation into the City. Item # V.4 Page 1 of 5 The petition must bear the signatures of all owners of the subject property to be annexed. The City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel No. 33-25-30-0000-4450-0000 into the City’s Jurisdiction limits. FUTURE LAND USE The applicant has requested to change the Future Land Use of the property to High-Density Residential for the construction of Multi-Family Dwellings which is compatible with the proposed Zoning and the adjacent property to the southeast. 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 North E-1A (County) East RS-2 (County) And R-4 (City) South R-4 (St. Cloud) West AC & E-2A (County) Future Land Use Low-Density Residential (County) Low-Density Residential (County) and High Density Residential (City) High-Density Residential Existing Land Use Single-Family Dwelling (County) Multi-Family Dwelling (St. Cloud Village Apts.) Low-Density Residential Vacant & Single-Family Dwelling (County) Single-Family Dwelling (County) and MultiFamily Dwelling (City) According to the County’s Future Land Use Map, the current future land use designation for the subject property is Low Density Residential. Changing the future land use designation to City – High Density Residential respectively could result in the following: TABLE 2: POTENTIAL CHANGE IN DENSITY FOR SUBJECT PROPERTY County - Low Density Residential 5 d.u./acre vs. City - High Density Residential 18 d.u./acre Current Potential Potential 7.59 ac. X 5 d.u. = 37.95 d.u./acre 7.59 ac. X 18 d.u. = 136.6 d.u./acre CONSISTENCY WITH THE CITY OF 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 following policies are offered in support of this request: Policy 1.4.2 The change to High-Density Residential is consistent with the Comprehensive Plan by promoting the development of high density residential uses north of 13 th Street and west of the Downtown Grid. According to Policy 1.4.2 of the Future Land Use Element of the 2020 Comprehensive Plan, the City shall allow High Density Residential land uses classification only in those areas which meet the following. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.4 Page 2 of 5 a. Property located within two miles of an elementary school. approximately 1.4 miles from Partin Settlement Elementary. The subject property is located b. Property located within three miles of fire station. The subject property is located approximately 2.2 miles from the St. Cloud Fire Rescue Station located at 900 Minnesota Avenue. c. Property has direct access to an arterial road. The subject property will have direct access to E. Irlo Bronson Memorial Highway/192. d. Property is located in an area which is served by a “looped” water main system. Based on current utility standards, the water system shall be looped. e. Property meets all level of service criteria. development process. These criteria will be provided as part of the Policy 2.1.5 This policy states that neighborhood commercial areas and uses that generate high traffic loads must be located adjacent to collector or arterial roadways. The subject property is part of larger development that totals over 25 acres of a mix of commercial and high-density residential with direct egress and ingress to E. Irlo Bronson Memorial Highway/192. Impact Review of City 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 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: An analysis of the existing and proposed FLUM designations and anticipated impacts to potable water and sanitary sewer is provided below based on gallons per day (GPD). This will be determined at time of submittal of the construction plans. The amendment will increase water demand or sanitary sewer flow. The subject property will be required to connect to potable water and sanitary sewer once developed. Water and sewer service are available with extensions. Maximum Residential Use: Analysis of Potable Water Usage Existing Land Use: 6,000 GPD Proposed Development Program: 56,000 GPD Analysis of Sanitary Sewer Usage Existing Land Use: 5,300 GPD Proposed Development Program: 49,555 GPD 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 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.4 Page 3 of 5 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. 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. 4. Parks and Recreational Facilities Analysis: The proposed land use amendment will not negatively impact the City’s existing park and recreation land. 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. 6. School Impact Analysis: Should the project increase utilization of schools above adopted level of service, the applicant shall meet with the School District to obtain a Letter of Agreement outlining an accommodation plan for the students generated. The School Capacity report is attached. ZONING The applicant is requesting a Zoning designation of R-4, Multi-Family Dwelling which complies with the Comprehensive Plan and the Future Land Use designation of High-Density Residential. The area of the City of St. Cloud abutting the property to the southeast has a Future Land Use designation of High-Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. The current Zoning for the adjacent properties is shown in Table 1. DRC REVIEW The DRC have reviewed this request for Voluntary Annexation along with changes to the Future Land Use and Zoning designations. The Development Review Committee had no objections and provided the following informational comments: Public Works - Stormwater Utility Fee and solid waste pickup charges will apply once the annexation of these properties is finalized. The charges for Stormwater Utility Fee and solid waste pickup may not start immediately upon annexation. Police - Any commercial or residential growth will impact calls for service. As calls for service increase, additional officers and dispatchers are required. Osceola County School Board – Please see attached School Capacity Report. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.4 Page 4 of 5 Osceola County Department of Community Development – Please see attached letter. PLANNING COMMISSION REQUIRED ACTION On April 19, 2016, the Planning Commission reviewed the request for the Annexation, Future Land Use and Zoning of St. Cloud West Village Center. For the Annexation, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Future Land Use, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Zoning, Ms. Holloway made a motion to recommend approval. Mr. Rick provided a second to the motion. The vote was 2-2, a tie with Mr. Gonzalez and Mr. Vittelli voting “nay.” STAFF RECOMMENDATION Staff recommends that the subject property be annexed into the City, assigned a Future Land use designation of High Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. Attachments Ordinance No. 2016-24 (Annexation) Exhibit A – Map of Subject Property Ordinance No. 2016-25 (FLU) Ordinance No. 2016-26 (Zoning) Applicant’s response to 16 required findings in Section 3.4.3.C.2.a of the LDC Development Regulations Location Map Future Land Use Map Zoning Map School Capacity Report Osceola County Letter 4/7/16 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.4 Page 5 of 5 Item # V.4 Item # V.4 Item # V.4 March 2016 CINDER LN St. Cloud West Village Center Annexation, Future Land Use & Zoning Location Map St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning IR LO Legend North Parcel BR ON SO N ME M HW BIG SKY BLVD ST Y 13 TH ST O CL UD VI LL E AG CT Item # V.4 / March 2016 / CINDER LN St. Cloud West Village Center Annexation, Future Land Use & Zoning Future Land Use Map St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning BIG SKY BLVD IR LO BR ON SO N ME M HW ST Y CL D OU VI LL E AG CT Legend North Parcel2 Osceola County MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL COMMERCIAL 13 TH INDUSTRIAL ST Item # V.4 COMMERCIAL LOW DENSITY RESIDENTIAL RURAL ENCLAVE SCHOOL CAPACITY REPORT The School District of Osceola County Facilities Planning Division SDOC #: 2015/16-0269 Current FLU: County: LDR DRC#: 16-86.01 Requested FLU: SC: MF-Residential PROJECT NAME: St. Cloud West Village Center Current Zoning: County: RS-1C Annexation/FLU/Zoning Requested Zoning: SC: R-4 MF-Residential PROJECT LOCATION: US 192 COMMENTS DUE DATE April 7, 2016 PID: 33-25-30-0000-4450-0000 AC: 10.42 0 SF/TH Maximum/Proposed Units: Single Family/ Townhome 188 MF/CONDO Multi-family/ Condo 0 RESORT Short Term Rental Age Restricted 0 MH Mobile Home 0 Senior Housing Estimated Number of New Students Generated by Proposed Development Elementary (Gr K-5) 21 Middle (Grades 6-8) SF/TH/STR MF/CONDO PROPOSED IMPACT 10 13 High (Grades 9-12) MH TOTAL 0 188 0 188 Dwelling Units Student Generation 0.407 0.233 0.219 44 Total Students Elementary School 0.173 0.113 0.108 21 Middle School 0.091 0.052 0.049 10 High School 0.143 0.068 0.062 13 LEVEL OF SERVICE (LOS) 2015-16 2018-19 COFTE Permanent Student Capacity Current Level of Service 3 YR Projected COFTE Projected COFTE w/ Impact Projected LOS w/ Impact Partin Settlement ES 822 895 92% 822 843 94% Neptune MS 1308 1494 88% 1508 1518 102% St. Cloud HS 2243 2309 97% 2247 2260 98% SCHOOL NAME COMMENTS Study Area: 383 PSES: 2.5 +/- miles NPMS: 2.2 +/- miles SCHS: 5.2 +/- miles Partin Settlement Elementary currently has eight (8) relocatables on site to accommodate its existing enrollment. Neptune Middle currently has five (5) relocatables on site to accommodate its existing enrollment. St. Cloud High currently has eleven (11) relocatables on site to accommodate its existing enrollment. Currently, the School District is experiencing overcrowding in our schools serving this area. The new high school, opening for the school year 2018-19, will provide relief of our existing over capacity high schools; Gateway High, Harmony High, Osceola High and St. Cloud High, and provide some capacity for students projected from currently approved residential development. The new high school is projected to be over capacity within five (5) years of opening. The School District recently approved the redistricting of 330+ students from St. Cloud High School to Harmony High School to accommodate its projected student population during the next 5 years within St. Cloud High School's new attendance zone boundary. School impacts are based on the allowable residential density and Floor Area Ratio (FAR) within the R-4, multi-family residential zoning district category being requested in this development application. A more accurate report can be generated with the submittal of a detailed site and development plan application which indicates the actual number of dwelling units proposed. This report is provided as a planning tool for use by the public and reflects the DOE COFTE, projected enrollment and school If proposed project increases utilization of schools above adopted level of service, applicant will obtain a Letter of Agreement outlining an accommodation plan for the students generated by this project, consistent with the provisions of Sections 6.3. - 6.6 of the Osceola County School Planning and Coordination Agreement (as required by Section 163.31777, F.S.[2012]). "The City and the applicant must collaborate with the School Board to identify available means that might be used to achieve sufficient capacity to accommodate the development, which may include, but not be limited to developer contributions, project phasing, or developer provided facility improvements." If you should have any questions please feel free to contact the Osceola School District Planning Services Department at 407-518-2916. "Education Which Inspires All to Their Highest Potential" Item # V.4 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\2015-16-0269_St.CloudWestVillageCenter\16-86.01,StCloudWestVillageCtr Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: Ordinance No. 2016-26 Resolution No. Final Action: TBD DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-26 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Zoning map amendment to R-4, Multi-Family Dwelling for approximately 10.422 acres of vacant land which complies with the Comprehensive Plan and the Future Land Use designation of High-Density Residential and the existing R-4 zoning of the adjacent property to the south. On April 7, 2016, staff reviewed this application for annexation by encumbrance and offers no objections. On April 19, 2016, the Planning Commission reviewed the request for the Annexa on, Future Land Use and Zoning of St. Cloud West Village Center. For the change of Zoning, Ms. Holloway made a mo on to recommend approval. Mr. Rick provided a second to the mo on. The vote was 2-2, Mr. Gonzalez and Mr. Vi elli vo ng “nay.” The mo on did not receive a majority vote which cons tutes a recommenda on of denial from the Planning Commission to the City Council. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Item # V.5 I recommend approval. CITY COUNCIL ACTION: TBD ATTACHMENTS: Description Ordinance No 2016-26 Staff Report Applicant's response to 16 Findings Development Regulations Location Map Zoning Map School Capacity Report Osceola County Letter 4-7-16 Item # V.5 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 \ORDINANCE NO. 2016-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF "R-4” MULTIPLE-FAMILY DWELLING DISTRICT, COMPATIBLE WITH A “HIGH DENSITY RESIDENTIAL” FUTURE LAND USE DESIGNATION CHANGE, ADOPTED BY ORDINANCE NO. 2016-25, FOR APPROXIMATELY 10.42 ACRES, LOCATED NORTH OF US 192, SOUTH AND EAST OF BIG SKY BOULEVARD AND WEST OF THE ST. CLOUD CANAL; 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. 2016-25 has amended the Future Land Use Map of the Comprehensive Plan designating the property as "High Density Residential”; and WHEREAS, the proposed zoning is consistent with the “High Density Residential” 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 April 19, 2016; 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 Ordinance No. 2016-26 St. Cloud West Village Center DRC Case #16-86.01 Page 1 of 3 Item # V.5 St. Cloud, Florida, is hereby amended to include and designate on the Official Zoning Map an “R-4 Multi-Family Residential” zoning district classification for the following property: LEGAL DESCRIPTION Beginning at the Southwest corner of the Southeast ¼ of the Southwest ¼ of Section 33, Township 25 South, Range 30 East, Osceola County, Florida; run South 00°00’53” West, 374.19 feet; run thence North 51°16’38” East, 1048.75 feet; run thence North 58°26’39” West, 726.97 feet; run thence Southwesterly on a 280.79 foot radius curve to the right, 220.09 feet, to the West line of said Southeast ¼ of Southwest; run thence South 00°00’53” West, 581.0 feet, to the Point of Beginning. A/k/a Tract 45 Big Sky Unit Three. SECTION 2: The property is rezoned to “R-4 Multi-Family Residential”, making applicable all provisions of the Land Development Code of the City of St. Cloud, Florida. SECTION 3: The City Manager or his/her designee is authorized and directed to promptly enter such change on the Official Zoning Map. SECTION 4: Upon adoption of this ordinance, the Planning Board recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. SECTION 5: 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 6: 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 7: Effective Date. This ordinance has been published and shall take effect as provided by law. Ordinance No. 2016-26 St. Cloud West Village Center DRC Case #16-86.01 Page 2 of 3 Item # V.5 First Reading on the 12th day of May, 2016 Second Reading on the 23rd day of June, 2016 Rebecca Borders, Mayor ATTEST: ________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By:__________________________________________ Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; 1300 9 th Street; St. Cloud, Florida 34769 Ordinance No. 2016-26 St. Cloud West Village Center DRC Case #16-86.01 Page 3 of 3 Item # V.5 City Council Staff Report Meeting Dates: May 12, 2016 & June 23, 2016 DRC Case # 16-86.01 Ordinance No. 2016-24, Annexation 2016-25, Future Land Use 2016-26, Zoning Type of Application Voluntary Annexation, Future Land Use & Zoning Applicant City of St. Cloud, FL Case Name St. Cloud West Village Center Location North of US 192, south and east of Big Sky Boulevard and west of the St. Cloud Canal Total Land Area +/- 10.422 acres Parcel ID # 33-25-30-0000-4450-0000 Project Planner Bill M. Spivey OVERVIEW The applicant is requesting the annexation of the subject property into the City of St. Cloud along with a Future Land Use map amendment to HighDensity Residential and a Zoning map amendment to R-4, Multi-Family Dwelling for approximately 10.422 acres of vacant land. ANNEXATION The subject property associated with this voluntary annexation encompasses +/- 10.42 acres north of US 192, south and east of Big Sky Blvd. and west of the St. Cloud Canal. Currently, the subject property abuts the city limits along the southeast property boundary. As required by Prior Florida Statutes Section 171.044, the City is making the following findings: The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting the City’s Jurisdiction limits along the property’s southeast boundary making it contiguous. Additionally, 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, 2014. The proposed annexation meets the requirements of Florida Statutes Section 171.044, and therefore is eligible for annexation into the City. Item # V.5 Page 1 of 5 The petition must bear the signatures of all owners of the subject property to be annexed. The City of St. Cloud has documentation that the owner of the subject property has agreed to the voluntary annexation of Parcel No. 33-25-30-0000-4450-0000 into the City’s Jurisdiction limits. FUTURE LAND USE The applicant has requested to change the Future Land Use of the property to High-Density Residential for the construction of Multi-Family Dwellings which is compatible with the proposed Zoning and the adjacent property to the southeast. 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 North E-1A (County) East RS-2 (County) And R-4 (City) South R-4 (St. Cloud) West AC & E-2A (County) Future Land Use Low-Density Residential (County) Low-Density Residential (County) and High Density Residential (City) High-Density Residential Existing Land Use Single-Family Dwelling (County) Multi-Family Dwelling (St. Cloud Village Apts.) Low-Density Residential Vacant & Single-Family Dwelling (County) Single-Family Dwelling (County) and MultiFamily Dwelling (City) According to the County’s Future Land Use Map, the current future land use designation for the subject property is Low Density Residential. Changing the future land use designation to City – High Density Residential respectively could result in the following: TABLE 2: POTENTIAL CHANGE IN DENSITY FOR SUBJECT PROPERTY County - Low Density Residential 5 d.u./acre vs. City - High Density Residential 18 d.u./acre Current Potential Potential 7.59 ac. X 5 d.u. = 37.95 d.u./acre 7.59 ac. X 18 d.u. = 136.6 d.u./acre CONSISTENCY WITH THE CITY OF 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 following policies are offered in support of this request: Policy 1.4.2 The change to High-Density Residential is consistent with the Comprehensive Plan by promoting the development of high density residential uses north of 13 th Street and west of the Downtown Grid. According to Policy 1.4.2 of the Future Land Use Element of the 2020 Comprehensive Plan, the City shall allow High Density Residential land uses classification only in those areas which meet the following. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.5 Page 2 of 5 a. Property located within two miles of an elementary school. approximately 1.4 miles from Partin Settlement Elementary. The subject property is located b. Property located within three miles of fire station. The subject property is located approximately 2.2 miles from the St. Cloud Fire Rescue Station located at 900 Minnesota Avenue. c. Property has direct access to an arterial road. The subject property will have direct access to E. Irlo Bronson Memorial Highway/192. d. Property is located in an area which is served by a “looped” water main system. Based on current utility standards, the water system shall be looped. e. Property meets all level of service criteria. development process. These criteria will be provided as part of the Policy 2.1.5 This policy states that neighborhood commercial areas and uses that generate high traffic loads must be located adjacent to collector or arterial roadways. The subject property is part of larger development that totals over 25 acres of a mix of commercial and high-density residential with direct egress and ingress to E. Irlo Bronson Memorial Highway/192. Impact Review of City 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 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: An analysis of the existing and proposed FLUM designations and anticipated impacts to potable water and sanitary sewer is provided below based on gallons per day (GPD). This will be determined at time of submittal of the construction plans. The amendment will increase water demand or sanitary sewer flow. The subject property will be required to connect to potable water and sanitary sewer once developed. Water and sewer service are available with extensions. Maximum Residential Use: Analysis of Potable Water Usage Existing Land Use: 6,000 GPD Proposed Development Program: 56,000 GPD Analysis of Sanitary Sewer Usage Existing Land Use: 5,300 GPD Proposed Development Program: 49,555 GPD 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 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.5 Page 3 of 5 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. 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. 4. Parks and Recreational Facilities Analysis: The proposed land use amendment will not negatively impact the City’s existing park and recreation land. 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. 6. School Impact Analysis: Should the project increase utilization of schools above adopted level of service, the applicant shall meet with the School District to obtain a Letter of Agreement outlining an accommodation plan for the students generated. The School Capacity report is attached. ZONING The applicant is requesting a Zoning designation of R-4, Multi-Family Dwelling which complies with the Comprehensive Plan and the Future Land Use designation of High-Density Residential. The area of the City of St. Cloud abutting the property to the southeast has a Future Land Use designation of High-Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. The current Zoning for the adjacent properties is shown in Table 1. DRC REVIEW The DRC have reviewed this request for Voluntary Annexation along with changes to the Future Land Use and Zoning designations. The Development Review Committee had no objections and provided the following informational comments: Public Works - Stormwater Utility Fee and solid waste pickup charges will apply once the annexation of these properties is finalized. The charges for Stormwater Utility Fee and solid waste pickup may not start immediately upon annexation. Police - Any commercial or residential growth will impact calls for service. As calls for service increase, additional officers and dispatchers are required. Osceola County School Board – Please see attached School Capacity Report. Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.5 Page 4 of 5 Osceola County Department of Community Development – Please see attached letter. PLANNING COMMISSION REQUIRED ACTION On April 19, 2016, the Planning Commission reviewed the request for the Annexation, Future Land Use and Zoning of St. Cloud West Village Center. For the Annexation, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Future Land Use, Ms. Holloway made a motion to recommend approval. Mr. Vittelli provided a second to the motion. The vote was 3-1 with Mr. Gonzalez voting “nay.” For the change of Zoning, Ms. Holloway made a motion to recommend approval. Mr. Rick provided a second to the motion. The vote was 2-2, a tie with Mr. Gonzalez and Mr. Vittelli voting “nay.” STAFF RECOMMENDATION Staff recommends that the subject property be annexed into the City, assigned a Future Land use designation of High Density Residential and a Zoning designation of R-4, Multi-Family Dwelling. Attachments Ordinance No. 2016-24 (Annexation) Exhibit A – Map of Subject Property Ordinance No. 2016-25 (FLU) Ordinance No. 2016-26 (Zoning) Applicant’s response to 16 required findings in Section 3.4.3.C.2.a of the LDC Development Regulations Location Map Future Land Use Map Zoning Map School Capacity Report Osceola County Letter 4/7/16 Ordinance No. 2016-24, 2016-25 & 2016-26 St. Cloud West Village Center Case No. 2016-86.01 Item # V.5 Page 5 of 5 Item # V.5 Item # V.5 Item # V.5 TABLE III-4 CITY OF ST. CLOUD LAND DEVELOPMENT CODE -- DEVELOPMENT REGULATIONS BY ZONING DISTRICT AGRICULTURAL AND RESIDENTIAL REQUIREMENTS MINIMUM LOT WIDTH (FT.) MAXIMUM DWELLING SIZE LOT MINIMUM MINIMUM GROSS COVERAGE RECREATION FLOOR AREA PRIMARY & (SQ. FT.) STRUCTURE OPEN SPACE MAXIMUM DENSITY (UNITS PER ACRE) -------FRONT (PRIMARY STREET) -------- -- -- -------- -------- SIDE -------------SIDE (ON SECONDARY STREET) REAR WATER FRONT1 MAXIMUM BUILDING HEIGHT (FT.) 35 20 35 25 -- 35 DISTRICT USE MINIMUM SITE AREA (SQ. FT.) A Agricultural 43,560 125 900 -- R-E Single-family 15,000 100 1,600 50% 9 -- 4 25 15 25 25 30 35 R-1 Single-family 10,000 75 1,000 50% 9 -- 4 25 10 15 25 25 35 R-1A Single-family 9,000 62.5 1,000 50% 9 -- 4 25 7.5 15 25 25 35 R-1B Single-family 7,500 62.5 1,000 50% 9 -- 4 25 5 15 25 25 35 9 R-2 Single-family Duplex Non-Dwelling 7,500 11,250 11,250 62.5 75 75 1,000 2 1,800 -- 50% 9 50% 9 50% ---- 8 8 8 25 25 25 5 5 5 15 15 15 25 25 25 25 25 25 35 35 35 R-2A Single-family 7,500 62.5 1,000 50% 9 -- 8 25 5 15 25 25 35 R-3 Single-family Duplex Multi-family / Unit Cluster / Unit Non-Dwelling 7,500 11,250 4,356 6,000 15,000 62.5 75 1,000 2 1,800 900 1,000 -- 50% 9 35% 9 35% 9 35% 9 35% 9 --- 10 3 10 3 10 3 10 -- 25 25 7 5 5 7 15 15 25 25 25 25 25 5 15 25 -- 35 35 8 35 8 35 8 35 50% 9 35% 9 35% 9 35% 9 35% 25 25 7 5 5 7 15 15 25 25 --- 15% 18 3 18 3 18 3 18 3 18 20 7 5 7 15 20 -7 35 35 8 35 8 35 8 35 6% -- 6 -- 10 25 -5 -15 -25 -25 -35 -- -- 25 5 15 25 25 35 R-4 10 10 4 50/Unit 100 62.5 75 9 Single-family Duplex Multi-family / Unit Cluster / Unit Non-Dwelling 7,500 10,000 2,420 6,500 15,000 50/Unit 100 1,000 2 1,800 900 1,000 -- MH-2 Mobile Home Park MH Subdivision 4,000 7,000 -50 -700 -9 35% MH-A MH-Annexation 7,500 50 700 35% 4 1 Waterfront measured from mean-high-water line. No units less than 900 square feet. (Ord. 2001-40, 9/27/01) Density to be set at time of zoning. 4 Multiple-family dwellings, townhouses, condominium projects and architecturally integrated subdivisions - not applicable per dwelling unit. Site specific project master plan overrides this criteria. 2 3 9 5 6 15% --5 6 3 3 7 5 7 7 7 7 7 7 7 7 7 7 Multiple-familiy dwellings, townhouses, condominium projects and architecturally integrated subdivisions - see Section 3.9.7(C). 6 Cluster home subdivision - see Section 3.9.7(B) 7 See Table, Section 3.9.4. 8 Height, See Section 3.9.6. 9 In no cases shall total maximum lot coverage exceed 50% for ALL primary AND accessory structures. 10 Applies to Single-Family detached lots created prior to the effective date of the Ordinance 2001-40, and to properties annexed after that effective date. Item # V.5 Revised ORD. 95-29, 7-13-95; Revised 08/09/00. Ord. 2000-27: Ord. 2000-51, 12/14/00: ORD. 2001-40, 9/27/01 7 7 March 2016 CINDER LN St. Cloud West Village Center Annexation, Future Land Use & Zoning Location Map St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning IR LO Legend North Parcel BR ON SO N ME M HW BIG SKY BLVD ST Y 13 TH ST O CL UD VI LL E AG CT Item # V.5 / St. Cloud West Village Center Annexation, Future Land Use & Zoning Zoning Map / CINDER LN March 2016 St Cloud West Village Center 16-86.01 Annexation, Future Land Use & Zoning BIG SKY BLVD IR LO BR ON SO N ME M HW ST Y C U LO D VI LL E AG CT Legend North Parcel2 St. Cloud Zoning Zoning R-2 R-3 R-4 13 TH PUD ST Osceola County Zoning Osceola County PRIM_ZON Item # V.5 I-1 HB PEND* CG CR* RPB AC E-1A* E-2* E-2A* PD RS-1C* RS-2* SCHOOL CAPACITY REPORT The School District of Osceola County Facilities Planning Division SDOC #: 2015/16-0269 Current FLU: County: LDR DRC#: 16-86.01 Requested FLU: SC: MF-Residential PROJECT NAME: St. Cloud West Village Center Current Zoning: County: RS-1C Annexation/FLU/Zoning Requested Zoning: SC: R-4 MF-Residential PROJECT LOCATION: US 192 COMMENTS DUE DATE April 7, 2016 PID: 33-25-30-0000-4450-0000 AC: 10.42 0 SF/TH Maximum/Proposed Units: Single Family/ Townhome 188 MF/CONDO Multi-family/ Condo 0 RESORT Short Term Rental Age Restricted 0 MH Mobile Home 0 Senior Housing Estimated Number of New Students Generated by Proposed Development Elementary (Gr K-5) 21 Middle (Grades 6-8) SF/TH/STR MF/CONDO PROPOSED IMPACT 10 13 High (Grades 9-12) MH TOTAL 0 188 0 188 Dwelling Units Student Generation 0.407 0.233 0.219 44 Total Students Elementary School 0.173 0.113 0.108 21 Middle School 0.091 0.052 0.049 10 High School 0.143 0.068 0.062 13 LEVEL OF SERVICE (LOS) 2015-16 2018-19 COFTE Permanent Student Capacity Current Level of Service 3 YR Projected COFTE Projected COFTE w/ Impact Projected LOS w/ Impact Partin Settlement ES 822 895 92% 822 843 94% Neptune MS 1308 1494 88% 1508 1518 102% St. Cloud HS 2243 2309 97% 2247 2260 98% SCHOOL NAME COMMENTS Study Area: 383 PSES: 2.5 +/- miles NPMS: 2.2 +/- miles SCHS: 5.2 +/- miles Partin Settlement Elementary currently has eight (8) relocatables on site to accommodate its existing enrollment. Neptune Middle currently has five (5) relocatables on site to accommodate its existing enrollment. St. Cloud High currently has eleven (11) relocatables on site to accommodate its existing enrollment. Currently, the School District is experiencing overcrowding in our schools serving this area. The new high school, opening for the school year 2018-19, will provide relief of our existing over capacity high schools; Gateway High, Harmony High, Osceola High and St. Cloud High, and provide some capacity for students projected from currently approved residential development. The new high school is projected to be over capacity within five (5) years of opening. The School District recently approved the redistricting of 330+ students from St. Cloud High School to Harmony High School to accommodate its projected student population during the next 5 years within St. Cloud High School's new attendance zone boundary. School impacts are based on the allowable residential density and Floor Area Ratio (FAR) within the R-4, multi-family residential zoning district category being requested in this development application. A more accurate report can be generated with the submittal of a detailed site and development plan application which indicates the actual number of dwelling units proposed. This report is provided as a planning tool for use by the public and reflects the DOE COFTE, projected enrollment and school If proposed project increases utilization of schools above adopted level of service, applicant will obtain a Letter of Agreement outlining an accommodation plan for the students generated by this project, consistent with the provisions of Sections 6.3. - 6.6 of the Osceola County School Planning and Coordination Agreement (as required by Section 163.31777, F.S.[2012]). "The City and the applicant must collaborate with the School Board to identify available means that might be used to achieve sufficient capacity to accommodate the development, which may include, but not be limited to developer contributions, project phasing, or developer provided facility improvements." If you should have any questions please feel free to contact the Osceola School District Planning Services Department at 407-518-2916. "Education Which Inspires All to Their Highest Potential" Item # V.5 Q:\FACD\PLANNING SERVICES\Growth Management\Development Review\City of St. Cloud\School Capacity Reports\2015-16-0269_St.CloudWestVillageCenter\16-86.01,StCloudWestVillageCtr Item # V.5 Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: 05/26/2016 Ordinance No. 2016-27 Resolution No. Final Action: 05/26/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-27 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The subject property is located at 2975 E Irlo Bronson Memorial Highway. The current Future Land Use designation for this property is Commercial (County). The zoning designation is CR – Neighborhood Commercial (County). The subject property will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No. 2014-30. The Future Land Use designation will be Commercial (City). The zoning designation for this property will be NB – Neighborhood Business (City). Planning Commission will hear this request for annexation on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council at the second hearing scheduled on May 26, 2016. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. Item # V.6 CITY COUNCIL ACTION: 05/26/2016 ATTACHMENTS: Description Ordinance Staff Report Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map Osceola County Letter Pending Annexations Location Map Item # V.6 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 2.524 ACRES, MORE OR LESS, IDENTIFIED AS ST. CLOUD WEST VILLAGE CENTER - FAIRWINDS, LOCATED AT 2975 EAST IRLO BRONSON MEMORIAL HIGHWAY; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER 171.044, FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Fairwinds Credit Union, has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated March 24, 2016; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated March 31, 2016, 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 May 17, 2016; 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 is annexed into the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes: FROM A POINT ON THE SOUTHWESTERLY LINE OF LOT 11 OF BIG SKY, AS FILED AND RECORDED IN PLAT BOOK 2, PAGE 191, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, SAID POINT BEING SOUTH 52º34’48” EAST, 35 FT. FROM THE CENTERLINE OF BIG SKY BOULEVARD; RUN THENCE SOUTH 52º34’48” EAST, ALONG SAID SOUTHWESTERLY LINE, 1400.0 FT. TO THE POINT OF BEGINNING; CONTINUE _______________________________________________________________________________________________________ Ordinance No. 2016-27 St. Cloud West Village Center – Fairwinds DRC Case # 16-30.02 ItemPage # V.6 1 of 3 SOUTH 52º34’48” EAST, 321.15 FT.; RUN THENCE SOUTH 51º16’38” WEST, PARALLEL TO THE CENTERLINE OF ST. CLOUD CANAL C-31, 411.99 FT. TO THE NORTHERLY RIGHT OF WAY LINE OF US HIGHWAY NO. 441; RUN THENCE NORTH 52º34’48” WEST, ALONG SAID RIGHT OF WAY LINE, 222.47 FT.; RUN THENCE NORTH 37º25’12”EAST, 400.00 FT. TO THE POINT OF BEGINNING. INCLUDING THE FULL WIDTH OF ANY AND ALL ADJACENT RIGHTS-OF-WAY. 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. 2014-30. The subject property shall be assigned a Future Land Use designation of “Commercial” and a Zoning designation of NB – Neighborhood Business. 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 12th day of May, 2016 Second Reading on the 26th day of May, 2016 _______________________________________________________________________________________________________ Ordinance No. 2016-27 St. Cloud West Village Center – Fairwinds DRC Case # 16-30.02 ItemPage # V.6 2 of 3 Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida 34769. _______________________________________________________________________________________________________ Ordinance No. 2016-27 St. Cloud West Village Center – Fairwinds DRC Case # 16-30.02 ItemPage # V.6 3 of 3 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # 16-30.02 Ordinance No. 2016-27 Type of Application Annexation Case Name St. Cloud West Village Center – Fairwinds Owner/Applicant Fairwinds Credit Union Agent John C. Reich Address 2975 E Irlo Bronson Memorial Highway Parcel ID # 04-26-30-0000-0017-000-0 Project Planner Shuo Liu Request The applicant is requesting annexation of 2.524 acres of land into the City of St. Cloud. Background The subject property is located at 2975 E Irlo Bronson Memorial Highway. The current Future Land Use designation for this property is Commercial (County). The zoning designation is CR – Neighborhood Commercial (County). The subject property will be automatically assigned a Future Land Use designation and Zoning classification as provided by Ordinance No. 2014-30. The Future Land Use designation will be Commercial (City). The zoning designation for this property will be NB – Neighborhood Business (City). Findings Prior to approval of the proposed voluntary annexation, Florida Statutes Section 171.044 requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. Item # V.6 The proposed annexation is reasonably compact and contiguous to current City Jurisdiction limits. In addition, the subject properties are 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, 2014. The proposed annexation meets the requirements of Florida Statutes Section 171.044, 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 04-26-30-00000017-000-0 into the City’s Jurisdiction limits. DRC/Staff Review On April 14, 2016, staff reviewed this request for annexation and offers no objection. Planning Commission Recommendation Planning Commission will hear this request for annexation on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council. City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. The Planning Commission report and recommendation is based on the 16 required findings of Section 3.4.3.C.2.a of the Land Development Code. The applicant responses to the 16 required findings have been provided as an attachment for the City Council’s review. Attachments Ordinance No. 2016-27 Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 2 of 3 DRC Case # 16-30.02 St. Cloud West Village Center – Fairwinds - Annexation Item # V.6 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/16-0271 DRC#: 16-30.02 Current FLU: County: Commercial Requested FLU: City: Commercial PROJECT NAME: St. Cloud West Village Center – Fairwinds Annexation PROJECT LOCATION: 2975 E. Irlo Bronson Memorial Highway COMMENTS DUE DATE: April 14, 2016 Current Zoning: County: CG Requested Zoning: City: Hwy Business PID#: 04-26-30-0000-0017-0000 No Impact on Public Schools Page 3 of 3 DRC Case # 16-30.02 St. Cloud West Village Center – Fairwinds - Annexation Item # V.6 Item # V.6 Item # V.6 Item # V.6 St. Cloud West Village Center - Fairwinds Future Land Use Map / April 2016 St. Cloud West Village Center - Fairwinds DRC CASE #16-30.02 Annexation IR LO IR LO BR BR ON ON ST SO N SO N ME ME M M HW HW Y Y Legend St. Cloud West Village Center - Fairwinds Canal St Cloud Future Land Use HIGH DENSITY RESIDENTIAL COMMERCIAL Osceola County Future Land Use COMMERCIAL LOW DENSITY RESIDENTIAL 13 TH 13 TH ST ST Item # V.6 C U LO D VI A LL GE CT St. Cloud West Village Center - Fairwinds Zoning Map / April 2016 St. Cloud West Village Center - Fairwinds DRC CASE #16-30.02 Annexation IR LO IR LO BR BR Legend ON ON ST SO N SO N ME ME M M HW HW Y Y St. Cloud West Village Center - Fairwinds Canal Zoning R-4 HB Osceola County Zoning CG CR* AC E-1A* E-2A* RS-1C* 13 TH 13 TH ST ST Item # V.6 C U LO D VI A LL GE CT Item # V.6 St. Cloud West Village Center / CINDER LN March 2016 St Cloud West Village Center Case No. 16-86.01 BIG SKY BLVD IR LO BR St Cloud West Village Center 2 Case No. 16-86.02 ON SO N ME M HW Y IR LO4 St Cloud West Village Center BR Case No. 16-30.04 O St Cloud West Village Center 3 Case No. 16-30.03 NS ON ME M HW ST SCWVC - ALL UD A LL Y St Cloud West Village Center - Fairwinds Case No. 16-30.02 Legend O CL VI 13 TH ST 13 TH ST Item # V.6 GE CT Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: 05/26/2016 Ordinance No. 2016-30 Resolution No. Final Action: 05/26/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-30 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting annexation of 1 acre of land into the City of St. Cloud. The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development – One Acre (County). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. Planning Commission will hear this request for annexation on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, 2016. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. Item # V.7 CITY COUNCIL ACTION: 05/26/2016 ATTACHMENTS: Description Ordinance Staff Report Applicant’s response to 16 required findings Future Land Use Map Zoning Map Osceola County Letter Item # V.7 RETURN TO: CITY OF ST. CLOUD DEPT OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, TO ANNEX INTO THE CITY OF ST. CLOUD APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; IN ACCORDANCE WITH THE VOLUNTARY ANNEXATION PROVISIONS OF CHAPTER 171.044, FLORIDA STATUTES. WHEREAS, the owner of the property described below, being Circle Y Groves, Inc, has petitioned the City Council of the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes, requesting annexation into the City of St. Cloud, Florida in a petition signed and dated April 4, 2016; and, WHEREAS, the City Manager of the City of St. Cloud, Florida, has certified by review of the Certificate of Title dated April 26, 2016, 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 May 17, 2016; 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 is annexed into the City of St. Cloud, Florida, pursuant to Chapter 171.044, Florida Statutes: ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHTOF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY’S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK “B”, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. _______________________________________________________________________________________________________ Ordinance No. 2016-30 Circle K Store #9749 DRC Case # 16-86.03 ItemPage # V.7 1 of 3 ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF FRIAR’S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH 89°47’45” WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 123.79 FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY’S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, 203.9 FEET; RUN THENCE SOUTH 89°47’45” EAST, 303.62 FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH 41°19’15” WEST ALONG SAID WESTERLY RIGHT-OF-WAY 272.35 FEET TO THE POINT OF BEGINNING. INCLUDING THE FULL WIDTH OF ANY AND ALL ADJACENT RIGHTS-OF-WAY, INCLUDING THE FULL INTERSECTION. SECTION 2: 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 3: 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 4: 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 5: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12th day of May, 2016 Second Reading on the 26th day of May, 2016 Rebecca Borders, Mayor _______________________________________________________________________________________________________ Ordinance No. 2016-30 Circle K Store #9749 DRC Case # 16-86.03 ItemPage # V.7 2 of 3 ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by a Public Official: City Manager, City of St. Cloud, St. Cloud, Florida 34769. _______________________________________________________________________________________________________ Ordinance No. 2016-30 Circle K Store #9749 DRC Case # 16-86.03 ItemPage # V.7 3 of 3 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # 16-86.03 Ordinance No. 2016-30 -Annexation 2016-31-FLU 2016-32-Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # 35-26-30-4950-0001-068-0 Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB – Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development – One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section 171.044 requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are 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, 2014. Item The # proposed V.7 annexation meets the requirements of Florida Statutes Section 171.044, 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 35-26-30-49500001-068-0 into the City’s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan’s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. Table 1: Zoning & Future Land Use of Neighboring Properties Zoning CG, Commercial General & PUD, Planned Unit Development Future Land Use Low Density Residential & Commercial RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) North South Existing Land Use Vacant (County) CONSISTENCY WITH THE CITY OF 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. Impact Review of City 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 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 Page 2 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.7 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development – One Acre (County) to HB – Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.7 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No. 2016-30 Ordinance No. 2016-31 Ordinance No. 2016-32 Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.7 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/16-0278 DRC#: 16-86.03 Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 PROJECT LOCATION: 3820 Canoe Creek Road COMMENTS DUE DATE: April 21, 2016 Current Zoning: County – R-1 Requested Zoning: City - HB PID#: 35-26-30-4950-0001-0680 No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.7 Item # V.7 Item # V.7 Item # V.7 Circle K Store #9749 Future Land Use Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 St Cloud Future Land Use LOW DENSITY RESIDENTIAL Osceola County Future Land Use COMMERCIAL LOW DENSITY RESIDENTIAL April 2016 Item # V.7 / Circle K Store #9749 Zoning Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 Zoning PUD Osceola County Zoning CG AC R-1* RS-1A* April 2016 Item # V.7 / Item # V.7 Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: 05/26/2016 Ordinance No. 2016-31 Resolution No. Final Action: 05/26/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-31 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is located at 3820 Canoe Creek Road. The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. Planning Commission will hear this request for Future Land Use Map Amendment on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, 2016. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. Item # V.8 CITY COUNCIL ACTION: 05/26/2016 ATTACHMENTS: Description Ordinance Staff Report Applicant’s response to 16 required findings Future Land Use Map Zoning Map Osceola County Letter Item # V.8 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING & ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A FUTURE LAND USE DESIGNATION OF “COMMERCIAL” TO APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; 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 163.3167, 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 2002-41, on September 26, 2002; and, WHEREAS, pursuant to Chapter 163.3187, 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 163.3161 through 163.3215 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 163.3187(1) (c), Florida Statutes; and, WHEREAS, the City Council has received the recommendation of Planning Commission dated May 20, 2012; and, WHEREAS, the City Council has at least one (1) hearing on this matter consistent with the requirements of Chapter 163.3187 (2) Florida Statutes, and advertisement and notice being consistent with the requirements of Chapter 166.041 (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. SECTION 2: The City of St. Cloud, Florida, Comprehensive Plan is amended in the following respects to the property described as follows (the Property): _________________________________________________________________________________________ Ordinance No. 2016-31 Circle K Store #9749 DRC Case # 16-86.03 Page 1Item of 3 # V.8 ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHT-OF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY’S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK “B”, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OFWAY LINE OF FRIAR’S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH 89°47’45” WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 123.79 FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY’S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, 203.9 FEET; RUN THENCE SOUTH 89°47’45” EAST, 303.62 FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH 41°19’15” WEST ALONG SAID WESTERLY RIGHT-OF-WAY 272.35 FEET TO THE POINT OF BEGINNING. A. The City of St. Cloud Future Land Use Map, 2020, is amended to show the property as "COMMERCIAL”; 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 Board 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 163.3161 through 163.3217, 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. 2016-31 Circle K Store #9749 DRC Case # 16-86.03 Page 2Item of 3 # V.8 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 12th day of May, 2016 Second Reading on the 26th day of May, 2016 Rebecca Borders, Mayor ATTEST: ______________________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By: ____________________________________ Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and returned to a Public Official: City Manager, City of St. Cloud; 1300 9 th Street; St. Cloud, Florida 34769 _________________________________________________________________________________________ Ordinance No. 2016-31 Circle K Store #9749 DRC Case # 16-86.03 Page 3Item of 3 # V.8 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # 16-86.03 Ordinance No. 2016-30 -Annexation 2016-31-FLU 2016-32-Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # 35-26-30-4950-0001-068-0 Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB – Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development – One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section 171.044 requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are 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, 2014. Item The # proposed V.8 annexation meets the requirements of Florida Statutes Section 171.044, 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 35-26-30-49500001-068-0 into the City’s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan’s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. Table 1: Zoning & Future Land Use of Neighboring Properties Zoning CG, Commercial General & PUD, Planned Unit Development Future Land Use Low Density Residential & Commercial RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) North South Existing Land Use Vacant (County) CONSISTENCY WITH THE CITY OF 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. Impact Review of City 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 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 Page 2 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.8 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development – One Acre (County) to HB – Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.8 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No. 2016-30 Ordinance No. 2016-31 Ordinance No. 2016-32 Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.8 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/16-0278 DRC#: 16-86.03 Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 PROJECT LOCATION: 3820 Canoe Creek Road COMMENTS DUE DATE: April 21, 2016 Current Zoning: County – R-1 Requested Zoning: City - HB PID#: 35-26-30-4950-0001-0680 No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.8 Item # V.8 Item # V.8 Item # V.8 Circle K Store #9749 Future Land Use Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 St Cloud Future Land Use LOW DENSITY RESIDENTIAL Osceola County Future Land Use COMMERCIAL LOW DENSITY RESIDENTIAL April 2016 Item # V.8 / Circle K Store #9749 Zoning Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 Zoning PUD Osceola County Zoning CG AC R-1* RS-1A* April 2016 Item # V.8 / Item # V.8 Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Public Hearings Second Public Hearing: 05/26/2016 Ordinance No. 2016-32 Resolution No. Final Action: 05/26/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Ordinance No. 2016-32 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting a rezoning from R-1 Rural Development – One Acre (County) to HB – Highway Business (City). The subject property is located at 3820 Canoe Creek Road. The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. Planning Commission will hear this request for rezoning on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council at the second public hearing scheduled on May 26, 2016. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: Item # V.9 I recommend approval. CITY COUNCIL ACTION: 05/26/2016 ATTACHMENTS: Description Ordinance Staff Report Applicant’s response to 16 required findings Future Land Use Map Zoning Map Osceola County Letter Item # V.9 RETURN TO: CITY OF ST. CLOUD DEPT. OF PLANNING AND ZONING 1300 9TH STREET ST. CLOUD, FL 34769 ORDINANCE NO. 2016-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, ASSIGNING A ZONING DISTRICT OF "HB” HIGHWAY BUSINESS, COMPATIBLE WITH A “COMMERCIAL” FUTURE LAND USE DESIGNATION CHANGE, ADOPTED BY ORDINANCE NO. 2016-31, FOR APPROXIMATELY 1 ACRE, MORE OR LESS, LOCATED AT 3820 CANOE CREEK ROAD, KNOWN AS CIRCLE K STORE; 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. 2016-31 has amended the Future Land Use Map of the Comprehensive Plan designating the property as "Commercial”; and WHEREAS, the proposed zoning is consistent with the “Commercial” 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 May 17, 2016; 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 a “HB Highway Business” zoning district classification for the following property: Ordinance No. 2016-32 Circle K Store #9749 DRC Case # 16-86.03 Page 1 of 3 Item # V.9 ALL OF LOT 77 AND THAT PART OF LOTS 67 AND 68 LYING WEST OF S.R. #523 RIGHT-OF-WAY, OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST AS PER THE PLAT OF SEMINOLE LAND AND INVESTMENT COMPANY’S (INCORPORATED) SUBDIVISION OF SAID SECTION 35 AS FILED AND RECORDED IN PLAT BOOK “B”, PAGE 19, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA. ALSO DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OFWAY LINE OF FRIAR’S COVE ROAD AND THE WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD, RUN THENCE NORTH 89°47’45” WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 123.79 FEET; RUN THENCE SOUTH, PARALLEL TO THE WEST LINE OF LOT 68, ACCORDING TO SEMINOLE LAND AND INVESTMENT COMPANY’S SURVEY AND PLAT OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 30 EAST, RECORDED IN PLAT BOOK B, PAGE 19, OSCEOLA COUNTY, FLORIDA, 203.9 FEET; RUN THENCE SOUTH 89°47’45” EAST, 303.62 FEET TO THE SAID WESTERLY RIGHT-OF-WAY LINE OF CANOE CREEK ROAD; RUN THENCE NORTH 41°19’15” WEST ALONG SAID WESTERLY RIGHT-OF-WAY 272.35 FEET TO THE POINT OF BEGINNING. SECTION 2: The property is rezoned to “HB Highway Business”, making applicable all provisions of the Land Development Code of the City of St. Cloud, Florida. SECTION 3: The City Manager or his/her designee is authorized and directed to promptly enter such change on the Official Zoning 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 Board recommendation and "Proof of Publication" of the required Public Hearing notices shall be filed in the Department of Planning and Zoning. 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. 2016-32 Circle K Store #9749 DRC Case # 16-86.03 Page 2 of 3 Item # V.9 SECTION 7: Effective Date. This ordinance has been published and shall take effect as provided by law. First Reading on the 12th day of May, 2016 Second Reading on the 26th day of May, 2016 Rebecca Borders, Mayor ATTEST: ________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL By:__________________________________________ Daniel F. Mantzaris, City Attorney Pursuant to Section 695.26 (3) (f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official: City Manager, City of St. Cloud; 1300 9 th Street; St. Cloud, Florida 34769 Ordinance No. 2016-32 Circle K Store #9749 DRC Case # 16-86.03 Page 3 of 3 Item # V.9 City Council Staff Report Meeting Date: 05/12/16 & 05/26/16 DRC Case # 16-86.03 Ordinance No. 2016-30 -Annexation 2016-31-FLU 2016-32-Rezoning Type of Application Annexation/ Future Land Use Map Amendment/Rezoning Case Name Circle K Store #9749 Owner Circle Y Groves, Inc. Applicant Peter Uhlich Circle K Stores, Inc. Agent Timothy J. Bauer Progressive Development Group, Inc. Address 3820 Canoe Creek Road Parcel ID # 35-26-30-4950-0001-068-0 Project Planner Shuo Liu Request The applicant is requesting annexation of 1 acre of land into the City of St. Cloud and assignment of a Future Land Use designation of Commercial and a Zoning designation of HB – Highway Business. Background and Findings Annexation The subject property is located at 3820 Canoe Creek Road. The current Future Land Use is Commercial (County). The current zoning designation is R-1 Rural Development – One Acre (County). Prior to approval of the proposed voluntary annexation, Florida Statutes Section 171.044 requires the City to make the following findings: A. The subject property must be contiguous to the municipality and reasonably compact. The proposed annexation is reasonably compact and abutting current City Jurisdiction limits at the northeast corner. In addition, the subject properties are 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, 2014. Item The # proposed V.9 annexation meets the requirements of Florida Statutes Section 171.044, 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 35-26-30-49500001-068-0 into the City’s Jurisdiction limits. Future Land Use The applicant is requesting a Future Land Use Map Amendment from Commercial (County) to Commercial (City). The subject property is now operating as a Circle K store under a Conditional Use approved on February 20, 1986 by Osceola County Board of County Commissioners. The current Comprehensive Plan’s Future Land Use and Zoning Designations and the existing Land Uses for the adjacent properties are indicated in the table below. Table 1: Zoning & Future Land Use of Neighboring Properties Zoning CG, Commercial General & PUD, Planned Unit Development Future Land Use Low Density Residential & Commercial RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) East CG, Commercial General Commercial Vacant (County) West RS-1A, Residential Single Family Low Density Residential Single Family, detached (County) North South Existing Land Use Vacant (County) CONSISTENCY WITH THE CITY OF 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. Impact Review of City 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 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 Page 2 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.9 applications will be reviewed to address improvements to the property, including access, parking, drainage and utilities. 1. Potable Water and Sanitary Sewer Demand Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 2. Transportation Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 3. Solid Waste Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 4. Parks and Recreational Facilities Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 5. Drainage Analysis: No additional impacts are anticipated as the property is already developed. No redevelopment is currently proposed. This application is assigning a City Future Land Use and Zoning designation as a result of the annexation request. 6. School Impact Analysis: No impact on public school according to the School Capacity Report (see Attachment). Zoning The applicant is requesting a rezoning from R-1 Rural Development – One Acre (County) to HB – Highway Business (City). The site has already been developed and is operating as a convenience store. The proposed Zoning designation is consistent with current land use of the property and is compatible with the proposed Future Land Use Designation, the location and the surrounding area. DRC/Staff Review On April 28, 2016, staff reviewed this application and offers no Page 3 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.9 objection to the request. Planning Commission Recommendation Planning Commission will hear this request for Future Land Use Map Amendment on May 17, 2016. The recommendation of the Planning Commission will be presented to the City Council City Council Required Action The City Council shall review the recommendation from the Planning Commission and render a decision based on the recommendation and information presented. Attachments Ordinance No. 2016-30 Ordinance No. 2016-31 Ordinance No. 2016-32 Applicant Response to the 16 Required Findings Future Land Use Map Zoning Map School Capacity Report Osceola County Letter Page 4 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.9 SCHOOL CAPACITY REPORT The School District of Osceola County Planning Services Department SDOC # 2015/16-0278 DRC#: 16-86.03 Current FLU: County - Commercial Requested FLU: City - Commercial PROJECT NAME: Circle K Store #9749 PROJECT LOCATION: 3820 Canoe Creek Road COMMENTS DUE DATE: April 21, 2016 Current Zoning: County – R-1 Requested Zoning: City - HB PID#: 35-26-30-4950-0001-0680 No Impact on Public Schools Annexation/FLU/Zoning Page 5 of 5 DRC Case # 16-86.03 Circle K Store #9749 Annexation, Future Land Use Map Amendment &Zoning Item # V.9 Item # V.9 Item # V.9 Item # V.9 Circle K Store #9749 Future Land Use Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 St Cloud Future Land Use LOW DENSITY RESIDENTIAL Osceola County Future Land Use COMMERCIAL LOW DENSITY RESIDENTIAL April 2016 Item # V.9 / Circle K Store #9749 Zoning Map DEER RUN RD FRIARS COVE RD A N O E C R EE K R D FOREST CIR C Circle K Store #9749 DRC # 16-86.03 Annexation, FLU Map Amendment & Rezoning Legend Circle K Store #9749 Zoning PUD Osceola County Zoning CG AC R-1* RS-1A* April 2016 Item # V.9 / Item # V.9 Item # AGENDA First Reading: First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. Final Action: 5/12/16 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Warrant List #32 DEPARTMENT SUMMARY: COST OF PROJECT: Warrant List #32 04/15/2016 - 04/28/2016 2,618,565.12 FINANCE DIRECTOR'S COMMENTS: Include in agenda as presented. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/12/16 Item # VI.A ATTACHMENTS: Description Warrant List #32 Item # VI.A Item # VI.A Item # VI.A Item # AGENDA First Reading: First Public Hearing: 05/12/2016 Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016-078R Final Action: 05/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-078R DEPARTMENT SUMMARY: COST OF PROJECT: No cost assoicated with this item. Resolution No. 2016-078R will update the fee schedule for residential building permits and other administrative fees. Resolution No. 2015-158R was the last major update to this fee schedule. The permitting, plan review and inspections that the Building Department, as required by Florida Statute and Florida Building Codes, perform is costing more money than we are presently charging. This permit fee adjustment on new residential permits only will ensure that the Building Department will continue to operate without the use of any dollars from the General Fund. As seen on the included comparison, an update to the existing fee schedule will make us competitive with Osceola County and City of Kissimmee Fees. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. Item # VI.B CITY COUNCIL ACTION: 05/12/2016 ATTACHMENTS: Description Resolution No. 2016-078R Exhibit A Staff Report Fee Comparison Item # VI.B RESOLUTION NO. 2016-078R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, REVISING THE SCHEDULE OF FEES PURSUANT TO ARTICLE XIII, MINIMUM BUILDING CONSTRUCTION STANDARDS, SECTION 13.3. - PERMIT AND PERMIT FEE REQUIRED OF THE LAND DEVELOPMENT CODE, REPEALING ALL RESOLUTIONS IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Permit and Permit Fees may be set from time to time by resolution of the City Council and were previously amended by Resolution No. 2015-158R on December 10, 2015. WHEREAS, the City Council finds that it is in the best interest of the citizens of the City of St. Cloud that the above-stated resolution be amended as set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I The City Council of the City of St. Cloud does further approve Article XIII, Section 13.3. Schedule of Permit Fees/Building more particularly described and set forth in Exhibit “A” attached hereto. SECTION II This resolution shall take effect June 1, 2016. SECTION III All determinations regarding definition and processing procedure shall be determined by the City of St. Cloud Land Development Code as required. Any determinations regarding definition and processing procedure not stipulated by the Land Development Code shall be by way of written policy from the City Manager’s designee and may be amended from time to time as needed. SECTION IV The schedule of fees and charges shall be posted in the offices of the Building Official and the City Manager and copies of the schedule contained herein shall be made available to the public on demand. The City Manager or his designee shall be directed to collect such fees contemporaneously with applications for procedures. SECTION V All fees not herein specified shall remain as adopted unless otherwise amended by resolution. Resolution No. 2016-075R 2016 Fee Update Page 1 of # 2 Item VI.B SECTION VI 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 VII Conflict. Any resolution or part thereof in conflict this resolution is hereby repealed to the extent of such conflict. PASSED AND ADOPTED this 12th day of May, 2016. ___________________________________ Rebecca Borders, Mayor ATTEST: __________________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: DEBEAUBIEN, KNIGHT, SIMMONS, MANTZARIS & NEAL __________________________________ Daniel F. Mantzaris, City Attorney Resolution No. 2016-075R 2016 Fee Update Page 2 of # 2 Item VI.B City of St. Cloud Schedule of Fees - Building As of Resolution No. 16-078R CASE TYPE Section 1: Division 1. Schedule of Permit/Building FEE The following fee schedule shall be used in determining permit fees based on construction valuation. Valuation for purposes of this section, in the event of controversy over the issue between the City and applicant for building permit, shall be determined by the valuation standards as established and set forth in the latest official publications of the Florida Building Code, or by copy of the original signed contract or by a detailed cost estimate which meets the approval of the Building Division Official. Technology Fee 3% All construction permits shall have 3% of the permit fee added on all building, electrical, plumbing, mechanical, gas, signs, roofs, re-roofs, pools, sheds and fencing permits, including all subcontractor permits. The purpose of this fee is to offset the costs associated to technology related items, such as computer purchases, software purchase, inspector technology aides, and any other electronic devices used to provide a greater degree of customer service and reduce response time in providing permits and inspections. Commercial permits, Industrial permits, Storage Tank permits, Commercial and Residential Re-Roof permits, Shed permits, Fence permits, Solar permits and Residential renovation permits. (A) PERMIT FEES: TOTAL VALUATION $1,000.00 and less $1,000.01 to $15,000.00 $46.35 $46.25 (for the first $1,000.00) plus $3.35 for each additional thousand or fraction thereof, to and including $15,000.00 $15,000.01 to $25,000.00 $93.31 (for the first $15,000.00) plus $5.41 for each additional thousand or fraction thereof, to and including $25,000.00 $25,000.01 to $40,000.00 $147.29 (for the first $25,000.00) plus $5.41 for each additional thousand or fraction thereof, to and including $40,000.00 $40,000.01 to $100,000.00 $228.40 (for the first $40,000.00) plus $4.63 for each additional thousand or fraction thereof, to and including $100,000.00 $100,000.01 to $500,000.01 $506.50 (for the first $100,000.00) plus $3.35 for each additional thousand or fraction thereof, to and including $500,000.00 $500,000.01 and Over $1,845.50 (for the first $500,000.00) plus $3.09 for each additional thousand or fraction thereof Item # VI.B 1 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: Review DivisionFee 1. Schedule of Permit/Building Plan FEE one-half (50%) of the Commercial building permit fee. Such plan review fee is in addition to the building permit fee and payable at the time of application a) Plan Review Fee shall be equal to (B) SINGLE PERMIT FEES: All single permit fees shall be paid as required at the time of permitting, in accordance with the following schedule: SINGLE FAMILY HOMES/DUPLEXES: For single family and duplex construction only, there shall be (1) one building permit issued to the contractor/builder of record which shall also be deemed the electrical, plumbing, mechanical, roofing, drywall permits, if applicable. All subcontractors intended for use will be listed with each State License Number on the application. FEES: 0000-1599 Sq. Ft. 1600-1999 Sq. Ft. $1,414.48 $1,414.48 first 1,599 sq. ft. plus $8. 42 for each additional 100 sq. ft. or fraction thereof $1,448.16 first 1,999 sq. ft. plus $10.10 for each additional 100 sq. ft. or fraction thereof $1,549.19 first 2,999 sq. ft. plus $5.05 for each additional 100 sq. ft. or fraction thereof $1,603.07 first 3,999 sq. ft. plus $3.37 for each additional 100 sq. ft. or fraction thereof 2000-2999 Sq. Ft. 3000-3999 Sq. Ft. 4000-over Sq. Ft. a) Plan Review Fee 0000-1599 Sq. Ft. 1600-1999 Sq. Ft. $731.34 $731.34 first 1,599 sq. ft. plus $4.35 for each additional 100 sq. ft. or fraction thereof $748.75 first 1,999 Sq. Ft. plus $5.22 for each additional 100 sq. ft. or fraction thereof $800.99 first 2,999 sq. ft. plus $2.61 for each additional 100 sq. ft. or fraction thereof $828.85 first 3,999 sq. ft. 2000-2999 Sq. Ft. 3000-3999 Sq. Ft. 4000-over Sq. Ft. plus $1.74 for each additional 100 sq. ft. or fraction thereof Item # VI.B 2 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: Division 1. Schedule of Permit/Building b) MANUFACTURED HOME: FEE Installation of principal structure and foundation including related plumbing and sanitary. Electrical and Mechanical (HVAC) require separate permits. c) MODEL CENTER: A permit shall be required for the proposed model center, at the primary address. The permit shall include signs and fences. Such permit shall be valid for 1 year and shall be renewed or extended on a yearly basis. A residential permit complete with subs is required for the construction of a model home. d) MODULAR HOME: Installation of principal structure and foundation, electrical, mechanical, plumbing and water require permits. e) SWIMMING POOLS: Construction of pool, related piping and deck. All related electrical requires separate permit. 1) Residential Inground 2) Residential Spa 3) Residential Inground Pool & Spa 4) Above Ground Pools 5) Commercial Pools f) SCREEN ROOMS: 1) Screen Enclosure/ Screen Roof /Metal Roof 2) Screen Room/ Concrete Foundation/ Metal Roof 3) Glass Rooms (Does not include sub-permits) g) PREFAB OR SITE BUILT SHEDS: h) RESIDENTIAL ELECTRICIAL: i) RESIDENTIAL PLUMBING: j) RESIDENTIAL LP GAS: k) RESIDENTIAL MECHANICAL: l) RESIDENTIAL RE-ROOF: m) FENCE: n) CONSTRUCTION OFFICE TRAILER: (Does not include sub-permits) o) MOVING OF BUILDING OR STRUCTURES: 1) Fee for the moving of any building or structure into or within the city. This includes all inspections at the old site, if within the city limits, and any inspections at the new site, to include the foundation. 2) Fee for the moving of any building or structure out of the city. p) DEMOLITION OF BUILDING OR STRUCTURE: 1) Fee for the demotion of any building or structure. When applicable, there shall also be a sewer inspection fee q) SIGN: PERMANENT OR TEMPORARY (Does not include electrical) Base fee (Up to $1,000 valuation): $231.75 $51.50 $270.38 $103.00 $51.50 $154.50 $77.25 By Value $77.25 $77.25 $115.88 By Value $46.35 $46.35 $46.35 $46.35 By Value By Value $103.00 $231.75 $154.50 $154.50 $25.00 $25.75 Item # VI.B 3 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: Division 1. Schedule Each additional $1,000oforPermit/Building fraction thereof: r) SIGN: DIRECTIONAL (Annually) FEE $5.15 $103.00 Section II: Division 3. Schedule of Permit Fees/Commercial Mechanical (Includes kitchen hoods and suppression systems) Base Minimum Fee (Up to $1,000 valuation) $46.35 Each Additional $1,000 or fraction thereof: $4.63 Section III: Division 6. Schedule of Permit Fees/Commercial Electrical Base Minimum Fee: In addition to the base fee, there shall be a fee for each fixture as follows: Each Outlet Each Fixture Floodlight over 300w Outlet for window a/c New Service up to 200 amp Each additional 100 amp up to 1200 amp Each Sub-Feed or Sub-Meter Temporary Service Motors or Generators Not over 1 hp Over 1 but not over 3 hp Over 3 but not over 5 hp Over 5 but not over 10 hp Over 10 but not over 25 hp Over 25 hp Sign Outlet - per circuit Heating and Heating Appliances Up to 1 kw Over 1 kw and not over 5kw Over 5 kw and not over 10 kw Over 10 kw and not over 15 kw Over 15 kw and not over 25 kw Over 25 kw Water Heaters Dryer Dishwasher Disposal Electric Range Cooktop Microwave Oven Oven Compactor X-Ray Dental Unit Gun Fired Oil Burner $46.35 $0.31 $0.31 $1.54 $1.54 $46.35 $3.09 $4.63 $23.18 $1.54 $2.32 $3.86 $6.18 $15.45 $25.75 $0.77 $1.54 $7.72 $15.45 $23.18 $30.90 $38.63 $1.54 $1.54 $1.54 $1.54 $4.63 $3.09 $3.09 $3.09 $3.09 $7.82 $7.82 $3.09 Item # VI.B 4 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: Division 1. Schedule Exhaust Fan Under 1/4 hp of Permit/Building Electric Elevator Electric Welder Transformer type up to 50 amp Transformer type over 50 amp Electric Signs Time Switch (clocks) Neon Transformers or Tubing First Transformer Each additional transformer Display Cases (meat or produce) Power transformer used in buildings changing higher voltage to: 120/208 or step up transformer For each KVA up to 10 KVA For each KVA over 10 KVA Fire Alarm Systems Control Panel or Remote Station Audible or Signaling devices Section IV: Division 7. Schedule of Permits Fee/Gas Base Minimum Fee: In Addition to the base fee, there shall be a fee for each fixture as follows: (A) Gas piping for rough-in and final inspections at one (1) location shall be: a) 1 to 4 outlets, inclusive b) Each additional outlet FEE $1.03 $15.45 $3.09 $6.18 $3.09 $1.54 $3.86 $1.54 $4.63 $2.06 $3.09 $4.63 $4.63 $46.35 $23.18 $3.09 (B) The fees for inspecting conversion burners, floor furnaces, boilers, or central heating plants shall be: a) Each Unit (C) The fees for inspecting vented wall furnaces and water heaters shall be: a) Each Unit Section V: Division 8. Schedule of Permits Fees/Commercial Plumbing Base Minimum Fee: In addition to the base fee, there shall be a fee for each fixture as follows: Water Closet Bathtub Water basin Shower Kitchen Sink Dishwasher Clothes Washer Water Heater Water Softener Urinal Drinking Fountain Floor Sink Slop Sink $5.15 $46.35 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 Item # VI.B 5 City of St. Cloud Schedule of Fees - Building CASE TYPE FEE Section Division 1. Schedule of Permit/Building Ice1:Maker Disposal Hose bibs (1-5) Hose bibs (over 5) Roof Drain Floor Drain (A) Sewer Connection Fee: The sewer connection fees shall be as prescribed by the local governing body. (B) Water Connection Fee: The water connection fee shall be as prescribed by the local governing body. $4.63 $4.63 $4.63 $3.09 $4.63 $4.63 Section VI: Fire Plans Review and Inspections Fire Plans Review Fees Building $36.05 Minimum or $0.0013 of Construction Valuation Fire Alarm $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) Fire Sprinkler $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) Fire Sprinkler - Under Ground Hood/Suppression Tent Change of Use Site Plan (Major) Mini-Site Plan Inspection Fees New Business Building Final Building Final Minor (Valuation under $35,000.00) Fire Alarm Final (No Fee For Walk-In Permits) Fire Sprinkler Final (No fee For Walk-In Permits) Fire Suppression System $36.05 Minimum or $0.0023 of Valuation $36.05 $36.05 $25.75 $154.50 $66.95 $51.50 $66.95 $25.75 $51.50 $51.50 $51.50 Section VII: Extensions, Garage Sale, Reinspection, Reissuance, Refunds, Reviews, Surcharge and After Hours Inspections (A) Re-inspection fee A re-inspection fee shall be charged, for work rejected due to failure to meet the applicable code requirements, for work not being ready on the date or at the time inspection was requested, or when inspections are canceled after the inspection cut-off time established by the department. $51.50 Item # VI.B 6 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: Division 1. Schedule of Permit/Building Any inspection after an initial inspection and one subsequent re-inspection of any project or activity for the same code violation specifically and continuously noted in each rejection shall be charged a fee of: FEE four times the amount of the fee imposed for the initial inspection or first re-inspection, whichever is greater, for each subsequent reinspection All re-inspection fees shall be paid in full prior to scheduling the final inspection, prior to permanent power release, and prior to the issuance of a Certificate of Occupancy. (B) Failure to obtain a permit prior to commencement of work will result in a penalty of: (C ) A new permit, replacing an expired or revoked permit for the same project. (D) Duplicate Permit cards will be issued at a cost of (E) Letters requesting refunds must be received by the Building Department (F) Commercial and Residential inspections requested on weekends, holidays or after business hours, shall be assessed an additional fee: (G) Duplicate Plans - will be copied at a cost of : For each single family unit, townhouse unit or duplex All others will be charged at a rate of 100 percent of the usual permit fee in addition to the required permit fees. Current permit fee amount $20.60 within thirty (30) days of the date of issuance of the permit. Refunds granted will be 75% of the original permit fee and will not be granted to permit fees under $100.00. $51.50 per hour with a 3 hour minimum $20.60 $2.06 per page with a $10.30 minimum $5.15 per page However, large "D" size drawings will be charged (H) Plan Review - fees shall be assessed based on permit value at a rate of: a) Residential (duplex, single family, townhouse, or associated 25% structures) b) Commercial (all other non-residential related permits) 50% Plan review fees shall be payable at time of application and are non-refundable. Fees may be adjusted if total valuation is modified during the plan review process. If additional stamped plans are requested and provided at the $2.06 per page time of initial review, they shall be charged at a rate of: (I) Plan Revisions - will be charged at a rate of $20.60 per page submitted The Initial review fee includes one set of revisions to address initial plan review comments. All subsequent revisions and all those submitted after permit issuance will charged at the above rate. (J) Preliminary Plan Reviews Will be charged a minimum fee of Plans with more than 20 pages will be charged (K) Permit or Permit Application Extensions $206.00 $10.30 per page Item # VI.B 7 City of St. Cloud Schedule of Fees - Building CASE TYPE FEE Section 1: Division 1. Schedule of Permit/Building Shall be requested in writing on a "Permit Application Extension" form provided by the Building Department with justifiable cause given and signed by the contractor. Extensions shall be made prior to the expiration of the permit or permit application, which is 180 days from the date of the last approved inspection or 180 days from the application submittal date, and shall be limited to (2) 90 day extensions (a) For "permit valuations" up to $16,000.00 the extension fee 1/2 of the original permit fee amount shall be: 10% of the original permit fee (b) For "permit valuations" over $16,000.00 the extension fee amount of $51.50 whichever is shall be: greater (L) Copy charges will be charged: Legal or letter size $0.15 per page Larger scaled plans will be charged at a rate of $5.00 per page (M) Permit Research Fee Permits issued within the past three (3) year period $5.15 Permits older than three (3) years will be charged $20.60 This fee is due and payable at the time of the request and is not refundable. (N) When a change in contractor or subcontractor is made, it is the responsibility of the permit applicant to notify the Building Department in writing or email. All requirements of that form shall be met and shall be $51.50 charged a fee of (O) Residential Garage Sale Permits Issued for up to 3 consecutive days at a charge of $1.00 Failure to obtain a garage sale permit. Double permit fee (P) Florida Permit Surcharge Program Fee Each construction related permit will be charged the following additional fees: 1.5% of the permit fee with a a) DBPR fee is minimum of $2.00 1.5% of the permit fee with a b) DCA fee is minimum of $2.00 (R) RV Parking Waiver $100.00 Section VIII: Business - Certificate of use Pursuant to city code sec 12-136 Certificate of Use fees are as currently established or as hereafter adopted by resolution of the city council from time to time. Fees for Certificate of use are as follows: Certificate of Use for new or expired businesses $25.00 Renewal if paid by October 1 $15.00 Non refundable application fee at time of application submittal $20.00 Penalty for non-renewal after expiration of September 30 each year $75.00 Item # VI.B 8 City of St. Cloud Schedule of Fees - Building CASE TYPE Section 1: IX:Division 1. Schedule of Permit/Building FEE This schedule of fees and charges shall be posted in the offices of the Building Official and the City Manager and copies of the schedule contained herein shall be made available to the public on demand. The City Manager or his designee shall be directed to collect such fees contemporaneously with applications for procedures when applicable. Item # VI.B 9 PLANNING AND ZONING DEPARTMENT 1300 NINTH STREET, BUILDING A, FIRST FLOOR ST. CLOUD, FLORIDA 34769 407-957-7255 FAX 407-957-7290 TO: Mayor Rebecca Borders and Members of the City Council FROM: Building Department DATE: May 2, 2016 SUBJECT: Resolution No. 2016-078R Resolution No. 2016-078R will update the fee schedule for residential building permits and other administrative fees. Resolution No. 2015-158R was the last major update to this fee schedule. As seen on the included comparison, an update to the existing fee schedule will make us competitive with Osceola County and City of Kissimmee Fees. The permitting, plan review and inspections that the Building Department, as required by Florida Statute and Florida Building Codes, to perform is costing more money than we are presently charging. This permit fee adjustment on new residential permits only will ensure that the Building Department will continue to operate without the use of any dollars from the General Fund. Item # VI.B City of St. Cloud Building Department Case Type: Section 1: Division 1. Schedule of Permit/Building As of Resolution No. 16-078R Current Fee: Proposed: Osceola Kissimmee The following fee schedule shall be used in determining permit fees based on construction valuation. Valuation for purposes of this section, in the event of controversy over the issue between the City and applicant for building permit, shall be determined by the valuation standards as established and set forth in the latest official publications of the Florida Building Code, or by copy of the original signed contract or by a detailed cost estimate which meets the approval of the Building Division Official. Technology Fee All construction permits shall have 3% of the permit fee added on all building, electrical, plumbing, mechanical, gas, signs, roofs, re-roofs, pools, sheds and fencing permits, including all subcontractor permits. The purpose of this fee is to offset the costs associated to technology related items, such as computer purchases, software purchase, inspector technology aides, and any other electronic devices used to provide a greater degree of customer service and reduce response time in providing permits and inspections. 3% 3% 3% Commercial permits, Industrial permits, Storage Tank permits, Commercial and Residential Re-Roof permits, Shed permits, Fence permits, Solar permits and Residential renovation permits. (A) PERMIT FEES: TOTAL VALUATION $1,000.00 and less $1,000.01 to $15,000.00 $15,000.01 to $25,000.00 $25,000.01 to $40,000.00 $40,000.01 to $100,000.00 $46.35 $46.25 (for the first $1,000.00) $46.35 $46.25 (for the first $1,000.00) plus $3.35 for each additional thousand or fraction thereof, to and including $15,000.00 plus $3.35 for each additional thousand or fraction thereof, to and including $15,000.00 $93.31 (for the first $15,000.00) $93.31 (for the first $15,000.00) plus $5.41 for each additional thousand or fraction thereof, to and including $25,000.00 plus $5.41 for each additional thousand or fraction thereof, to and including $25,000.00 $147.29 (for the first $25,000.00) $147.29 (for the first $25,000.00) plus $5.41 for each additional thousand or fraction thereof, to and including $40,000.00 plus $5.41 for each additional thousand or fraction thereof, to and including $40,000.00 $228.40 (for the first $40,000.00) $228.40 (for the first $40,000.00) Up to $5,000.00: $85.00 $5,000.01 up to and including $25,000.00: $300.00 + $3.25 per thousand or fraction thereof over $5,000.01 Commercial Permit, Multi-Family Permit Fee & General Construction Fees: $1.00 to $1,000.00: $33.68 $1,001.00 to $50,000.00: $33.68 (first $1,000.00) $18.56 Each Additional $1,000.00 or fraction thereof $25,000.01 and over: $375.00 + $5.25 per thousand or fraction thereof over $25,000.01 $50,001.00 to $100,000.00: $942.99 (first $50,000.00) Item # VI.B 1 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: $100,000.01 to $500,000.01 $500,000.01 and Over Current Fee: Proposed: Osceola Kissimmee plus $4.63 for each additional thousand or fraction thereof, to and including $100,000.00 plus $4.63 for each additional thousand or fraction thereof, to and including $100,000.00 $9.43 each additional $1,000.00 or fraction thereof $506.50 (for the first $100,000.00) $506.50 (for the first $100,000.00) $100,001.00 to $250,000.00: $1,414.48 (first $100,000.00) plus $3.35 for each additional thousand or fraction thereof, to and including $500,000.00 plus $3.35 for each additional thousand or fraction thereof, to and including $500,000.00 $6.06 each additional $1,000.00 or fraction thereof $1,845.50 (for the first $500,000.00) $1,845.50 (for the first $500,000.00) $250,001.00 to $500,000.00: $2,323.78 (first $250,000.00) plus $3.09 for each additional thousand or fraction thereof plus $3.09 for each additional thousand or fraction thereof $9.30 each additional $1,000.00 or fraction thereof $500,001.00 to $1,000, 000.00: $4,647.57 (first $500,000.00) $6.47 each additional $1,000.00 or fraction thereof $1,000,001.00 and over: $8,015.37 (first $1,000,000.00) $3.37 each additional $1,000.00 or fraction thereof Plan Review Fee a) Plan Review Fee shall be equal to Commercial Permit, Multi-Family Permit Fee one-half (50%) of the Commercial building permit fee. Such plan review fee is in addition to the building permit fee and payable at the time of application one-half (50%) of the Commercial building permit fee. Such plan review fee is in addition to the building permit fee and payable at the time of application 25% of Permit Fee for Residential and 50% of Permit Fee for Commercial $1.00 to $1,000.00: $26.12 $1,0001.00 to $50,000.00: $26.12 (first $1,000.00) $14.39 each additional $1,000.00 or fraction thereof $50,001.00 to $100,000.00: $731.34 (First $50,0000.00) $7.31 each additional $1,000.00 or fraction thereof $100,001.00 to $250,000.00: $1,097.01 (First $100,0000.00) $4.70 each additional $1,000.00 or fraction thereof $250,001.00 to $500,000.00: $1,802.23 (First $250,0000.00) $7.21each additional $1,000.00 or fraction thereof $500,001.00 to $1,000,000.00: $3,604.45 (First $500,0000.00) $5.22 each additional $1,000.00 or fraction thereof $1,000,001.00 and over: $6.216.38(First $1,000,000.00) $2.61 each additional $1,000.00 or fraction thereof Plan Review Fee General Construction Fee Item # VI.B 2 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: Current Fee: Proposed: Osceola Kissimmee $1.00 to $1,000.00: $17.41 $1,0001.00 to $50,000.00: $17.41 (first $1,000.00) $9.59 each additional $1,000.00 or fraction thereof $50,001.00 to $100,000.00: $487.56 (First $50,0000.00) $4.88. each additional $1,000.00 or fraction thereof $100,001.00 to $250,000.00: $731.34 (First $100,0000.00) $3.13 each additional $1,000.00 or fraction thereof $250,001.00 to $500,000.00: $1,201.48 (First $250,0000.00) $4.81 each additional $1,000.00 or fraction thereof $500,001.00 to $1,000,000.00: $2,402.97 (First $500,0000.00) $3.48 each additional $1,000.00 or fraction thereof $1,000,001.00 and over: $4,144.25 (First $1,000,000.00) $1.74 each additional $1,000.00 or fraction thereof (B) SINGLE PERMIT FEES: All single permit fees shall be paid as required at the time of permitting, in accordance with the following schedule: SINGLE FAMILY HOMES/DUPLEXES: For single family and duplex construction only, there shall be (1) one building permit issued to the contractor/builder of record which shall also be deemed the electrical, plumbing, mechanical, roofing, drywall permits, if applicable. All subcontractors intended for use will be listed with each State License Number on the application. FEES: 0000-1599 Sq. Ft. 1600-1999 Sq. Ft. $1,414.48 $1,414.48 first 1,599 sq. ft. plus $8. 42 for each additional 100 sq. ft. or fraction thereof $772.50 $1,448.16 first 1,999 sq. ft. plus $10.10 for each additional 100 sq. ft. or fraction thereof $888.38 $1,549.19 first 2,999 sq. ft. plus $5.05 for each additional 100 sq. ft. or fraction thereof $1,030.00 $1,603.07 first 3,999 sq. ft. plus $3.37 for each additional 100 sq. ft. or fraction thereof $540.75 $656.63 2000-2999 Sq. Ft. 3000-3999 Sq. Ft. 4000-over Sq. Ft. $1,414.48 $1,414.48 first 1,599 sq. ft. plus $8. 42 for each additional 100 sq. ft. or fraction thereof $1,448.16 first 1,999 sq. ft. plus $10.10 for each additional 100 sq. ft. or fraction thereof $1,549.19 first 2,999 sq. ft. plus $5.05 for each additional 100 sq. ft. or fraction thereof $1,603.07 first 3,999 sq. ft. plus $3.37 for each additional 100 sq. ft. or fraction thereof Item # VI.B 3 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: a) Plan Review Fee Current Fee: Proposed: $731.34 $731.34 first 1,599 sq. ft. plus $4.35 for each additional 100 sq. ft. or fraction thereof $748.75 first 1,999 Sq. Ft. 25 % of permit fee plus $5.22 for each additional 100 sq. ft. or fraction thereof $800.99 first 2,999 sq. ft. 25 % of permit fee plus $2.61 for each additional 100 sq. ft. or fraction thereof $828.85 first 3,999 sq. ft. 25 % of permit fee plus $1.74 for each additional 100 sq. ft. or fraction thereof $731.34 first 1,599 sq. ft. plus $4.35 for each additional 100 sq. ft. or fraction thereof $748.75 first 1,999 Sq. Ft. plus $5.22 for each additional 100 sq. ft. or fraction thereof $800.99 first 2,999 sq. ft. plus $2.61 for each additional 100 sq. ft. or fraction thereof $828.85 first 3,999 sq. ft. plus $1.74 for each additional 100 sq. ft. or fraction thereof 25 % of permit fee 1600-1999 Sq. Ft. 25 % of permit fee 3000-3999 Sq. Ft. 4000-over Sq. Ft. b) MANUFACTURED HOME: Installation of principal structure and foundation including related plumbing and sanitary. Electrical and Mechanical (HVAC) require separate permits. c) MODEL CENTER: A permit shall be required for the proposed model center, at the primary address. The permit shall include signs and fences. Such permit shall be valid for 1 year and shall be renewed or extended on a yearly basis. A residential permit complete with subs is required for the construction of a model home. d) MODULAR HOME: Installation of principal structure and foundation, electrical, mechanical, plumbing and water require permits. e) SWIMMING POOLS: Construction of pool, related piping and deck. All related electrical requires separate permit. 1) Residential Inground 2) Residential Spa 3) Residential Inground Pool & Spa 4) Above Ground Pools 5) Commercial Pools f) SCREEN ROOMS: 1) Screen Enclosure/ Screen Roof /Metal Roof $231.75 $231.75 $200.00 $51.50 $51.50 $60.00 Plan Review Fee + $500.00 Permit Fee for Model Home Sales Office $270.38 $270.38 $103.00 $103.00 $51.50 $154.50 $51.50 $154.50 $77.25 By Value $77.25 By Value $77.25 2) Screen Room/ Concrete Foundation/ Metal Roof 3) Glass Rooms (Does not include sub-permits) Kissimmee $731.34 0000-1599 Sq. Ft. 2000-2999 Sq. Ft. Osceola $77.25 $115.88 Item # VI.B 4 of 11 $60.00 Plan Review Fee + $160.00 Permit Fee $160.00 $60.00 Plan Review Fee + $160.00 Permit Fee $160.00 By Valuation Table $77.25 $60.00 Plan Review Fee + $100.00 Permit Fee $77.25 $115.88 $60.00 Plan Review Fee + $190.00 Permit Fee (separate electrical permit is required) $71.00 Revised April 2016 City of St. Cloud Building Department Case Type: g) PREFAB OR SITE BUILT SHEDS: h) RESIDENTIAL ELECTRICIAL: i) RESIDENTIAL PLUMBING: j) RESIDENTIAL LP GAS: k) RESIDENTIAL MECHANICAL: l) RESIDENTIAL RE-ROOF: Current Fee: Proposed: Osceola By Value $46.35 $46.35 $46.35 $46.35 By Value By Value $46.35 $46.35 $46.35 $46.35 By Value By Value By Value $103.00 $103.00 $231.75 $231.75 $154.50 $154.50 m) FENCE: n) CONSTRUCTION OFFICE TRAILER: (Does not include sub-permits) o) MOVING OF BUILDING OR STRUCTURES: 1) Fee for the moving of any building or structure into or within the city. This includes all inspections at the old site, if within the city limits, and any inspections at the new site, to include the foundation. 2)Fee for the moving of any building or structure out of the city. p) DEMOLITION OF BUILDING OR STRUCTURE: Kissimmee $40.00 $125.00 $105.00 $19.00 minimum fee $60.00 Plan Review Fee + $20.00 Permit Fee $160.00 Residential $58.00 (0 to 200 lineal feet in length) (wood, chain link or or Based on valuation (201 lineal feet vinyl/plastic) no plan and longer in length) review Fee Commercial $60.00 Plan Review Fee + $160.00 Permit Fee $159.00 $120.00 $124.00 $150.00 Residential and $68.00 (0 to 5,000 square feet) and $160.00 Commercial $12.00 each additional 1,000 square feet 1) Fee for the demotion of any building or structure . When applicable, there shall also be a sewer inspection fee $154.50 $25.00 q) SIGN (PERMANENT OR TEMPORARY): (Does not include electrical) Base fee (Up to $1,000 valuation): $25.75 Each additional $1,000 or fraction thereof: r) SIGN (DIRECTIONAL): (Annually) $5.15 $103.00 Section II: Division 3. Schedule of Permit Fees/Commercial Mechanical (Includes kitchen hoods and suppression systems) Base Minimum Fee (Up to $1,000 valuation) $46.35 $154.50 $25.00 $12.00 each additional 1,000 square feet $25.75 $60.00 Plan Review Fee + $160.00 Permit Fee for Free Standing and/or Wall $5.15 $59.00 cold air balloon $30.00 all other types $103.00 $46.35 $125.00 $45.00 Replacement of Compressor or Air Handler (No Duct Work Change) Item # VI.B 5 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: Each Additional $1,000 or fraction thereof: Section III: Division 6. Schedule of Permit Fees/Commercial Electrical Base Minimum Fee: In addition to the base fee, there shall be a fee for each fixture as follows: Each Outlet Each Fixture Floodlight over 300w Outlet for window a/c New Service up to 200 amp Each additional 100 amp up to 1200 amp Each Sub-Feed or Sub-Meter Temporary Service Motors or Generators Not over 1 hp Over 1 but not over 3 hp Over 3 but not over 5 hp Over 5 but not over 10 hp Over 10 but not over 25 hp Over 25 hp Sign Outlet - per circuit Heating and Heating Appliances Up to 1 kw Over 1 kw and not over 5kw Over 5 kw and not over 10 kw Over 10 kw and not over 15 kw Over 15 kw and not over 25 kw Over 25 kw Water Heaters Dryer Dishwasher Disposal Electric Range Cooktop Microwave Oven Current Fee: Proposed: $4.63 Item # VI.B Osceola $4.63 $22.50 in addition to the base fee for the first $1,000.00 of Valuation of the Installation $4.50 in addition to the base fee and the fee for each 1st $1,000.00 valuation for each additional $1,000.00 of Valuation of the Installation or fraction thereof Kissimmee $19.00 minimum issuance fee $76.00 HVAC and Refrigeration systems $46.35 $46.35 $125.00 $19.00 minimum issuance fee $0.31 $0.31 $1.54 $1.54 $46.35 $3.09 $4.63 $23.18 $0.31 $0.31 $1.54 $1.54 $46.35 $3.09 $4.63 $23.18 $0.30 $0.30 $1.50 $1.50 $45.00 $3.00 $4.50 $22.50 $25.00 $25.00 $25.00 $25.00 $25.00 $12.00 $25.00 $25.00 $1.54 $2.32 $3.86 $6.18 $15.45 $25.75 $0.77 $1.54 $2.32 $3.86 $6.18 $15.45 $25.75 $0.77 $1.50 $2.25 $3.75 $6.00 $15.00 Over 10HP $25.00 Over 75 HP $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $1.54 $7.72 $15.45 $23.18 $30.90 $38.63 $1.54 $1.54 $1.54 $1.54 $4.63 $3.09 $3.09 $1.54 $7.72 $15.45 $23.18 $30.90 $38.63 $1.54 $1.54 $1.54 $1.54 $4.63 $3.09 $3.09 $1.50 $7.50 $15.00 $22.50 $30.00 $37.50 $1.50 $1.50 $1.50 $1.50 $4.50 $3.00 $3.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 6 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: Oven Compactor X-Ray Dental Unit Gun Fired Oil Burner Exhaust Fan Under 1/4 hp Electric Elevator Electric Welder Transformer type up to 50 amp Transformer type over 50 amp Electric Signs Time Switch (clocks) Neon Transformers or Tubing First Transformer Each additional transformer Display Cases (meat or produce) Current Fee: Power transformer used in buildings changing higher voltage to: 120/208 or step up transformer For each KVA up to 10 KVA For each KVA over 10 KVA Fire Alarm Systems Control Panel or Remote Station Audible or Signaling devices Section IV: Division 7. Schedule of Permits Fee/Gas Base Minimum Fee: In Addition to the base fee, there shall be a fee for each fixture as follows: (A) Gas piping for rough-in and final inspections at one (1) location shall be: a) 1 to 4 outlets, inclusive b) Each additional outlet (B) The fees for inspecting conversion burners, floor furnaces, boilers, or central heating plants shall be: a) Each Unit (C )The fees for inspecting vented wall furnaces and water heaters shall be: Item # VI.B Osceola $3.09 $3.09 $7.82 $7.82 $3.09 $1.03 $15.45 $3.09 $6.18 $3.09 $1.54 Kissimmee $3.00 $3.00 $7.50 $7.50 $25.00 $1.00 $15.00 $25.00 $25.00 $3.09 $6.18 $3.09 $1.54 $3.00 $4.00 $25.00 $25.00 $25.00 $25.00 $3.86 $1.54 $4.63 $3.86 $1.54 $4.63 $3.75 $1.50 $4.50 $25.00 $12.00 $25.00 (Grocers refrigerated display case) $2.06 $3.09 $2.06 $3.09 $2.00 $3.00 $25.00 $25.00 $4.63 $4.63 $4.63 $4.63 $125.00 (LP Gas) $19.00 minimum issuance fee $25.00 $12.00 $46.35 a) Each Unit Section V: Division 8. Schedule of Permits Fees/Commercial Plumbing Base Minimum Fee: In addition to the base fee, there shall be a fee for each fixture as follows: Water Closet Bathtub Water basin Shower Kitchen Sink Dishwasher Clothes Washer Proposed: $3.09 $3.09 $7.82 $7.82 $3.09 $1.03 $15.45 $46.35 $1.50 $23.18 $3.09 $23.18 $3.09 $22.50 $3.00 $4.63 $4.63 $10.00 $5.15 $5.15 $5.00 $46.35 $46.35 $125.00 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $5.00 $5.00 $5.00 7 of 11 $25.00 $25.00 $19.00 minimum issuance fee Revised April 2016 City of St. Cloud Building Department Case Type: Water Heater Water Softener Urinal Drinking Fountain Floor Sink Slop Sink Ice Maker Disposal Current Fee: Hose bibs (1-5) Hose bibs (over 5) Roof Drain Floor Drain (A) Sewer Connection Fee: The sewer connection fees shall be as prescribed by the local governing body. Proposed: Osceola $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $4.63 $3.09 $4.63 $4.63 $4.63 $3.09 $4.63 $4.63 $3.00 $2.00 $5.00 $25.00 $25.00 $10.00 Sewer Tap $25.00 sewer drain line installation and/or repair $10.00 Water Service $25.00 water piping installation and/or repair Tent Buildout Fee by Valuation Table $52.00 (B) Water Connection Fee: The water connection fee shall be as prescribed by the local governing body. Section VI: Fire Plans Review and Inspections Fire Plans Review Fees Building Valuation Fire Alarm Fire Sprinkler Fire Sprinkler - Under Ground Hood/Suppression Tent $36.05 Minimum or $0.0013 of Construction $36.05 Minimum or $0.0013 of Construction $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) $36.05 Minimum or $0.0023 of Valuation $36.05 $36.05 $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) $36.05 Minimum or $0.0023 of Valuation (No Fee For Walk-In Permits) $36.05 Minimum or $0.0023 of Valuation $36.05 $36.05 $25.75 $154.50 $66.95 $25.75 $154.50 $66.95 $51.50 $66.95 $25.75 $51.50 $51.50 $66.95 $25.75 $51.50 Change of Use Site Plan (Major) Mini-Site Plan Inspection Fees New Business Building Final Building Final Minor (Valuation under $35,000.00) Fire Alarm Final (No Fee For Walk-In Permits) Item # VI.B Kissimmee $5.00 $5.00 (Commercial) $5.00 $5.00 $5.00 $5.00 $5.00 (Commercial) $10.00 (Commercial) & $5.00 (Residential) 8 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: Fire Sprinkler Final (No fee For Walk-In Permits) Fire Suppression System Current Fee: Proposed: Osceola Kissimmee $51.50 $51.50 $51.50 $51.50 $51.50 $51.50 four times the amount of the fee imposed for the initial inspection or first re-inspection, whichever is greater, for each subsequent reinspection four times the amount of the fee imposed for the initial inspection or first re-inspection, whichever is greater, for each subsequent reinspection $67.00 fee for reinspection(s) required, due to the rejection of the work by the inspector (B) Failure to obtain a permit prior to commencement of work will result in a penalty of: 100 percent of the usual permit fee in addition to the required permit fees. 100 percent of the usual permit fee in addition to the required permit fees. $80.00 + Double Normal $100.00 shall be imposed and shall Permit Fee be added to the required permit fee, which shall be doubled. Reinstatement of permits that had expired within 6 months of issuance shall be $60.00 (C ) A new permit, replacing an expired or revoked permit for the same project, shall be assessed the current permit fee amount current permit fee amount $80.00 Per Permit for Early Start Permit $20.60 $20.60 $16.00 per card Section VII: Extensions, Garage Sale, Reinspection, Reissuance, Refunds, Reviews, Surcharge and After Hours Inspections (A) Re-inspection fee A re-inspection fee shall be charged, for work rejected due to failure to meet the applicable code requirements, for work not being ready on the date or at the time inspection was requested, or when inspections are canceled after the inspection cut-off time established by the department. Any inspection after an initial inspection and one subsequent re-inspection of any project or activity for the same code violation specifically and continuously noted in each rejection shall be charged a fee of: $24.00 for 1st reinspection/$96.00 for any subsequent re-inspection $250.00 fee failure to schedule or miss a required inspection All re-inspection fees shall be paid in full prior to scheduling the final inspection, prior to permanent power release, and prior to the issuance of a Certificate of Occupancy. (D) Duplicate Permit cards will be issued at a cost of (E) Letters requesting refunds must be received by the Building Department (F) Commercial and Residential inspections requested on weekends, holidays or after business hours, shall be assessed an additional fee: (G) Duplicate Plans - will be copied at a cost of : For each single family unit, townhouse unit or duplex All others will be charged at a rate of However, large "D" size drawings will be charged $9.00 for Duplicate Permit within thirty (30) days of the date of within thirty (30) days of the date of issuance of the permit. Refunds issuance of the permit. Refunds granted will be 75% of the original granted will be 75% of the original permit fee and will not be granted to permit fee and will not be granted to permit fees under $100.00. permit fees under $100.00. $51.50 per hour with a 3 hour minimum $51.50 per hour with a 3 hour minimum $20.60 $2.06 per page with a $10.30 minimum $5.15 per page $20.60 $2.06 per page with a $10.30 minimum $5.15 per page Item # VI.B 9 of 11 $110.00 per hour/per $200.00 for the first two hours, person for applicant where applicable. Afterwards, a fee requested after hours of $401.00 for every four hours. inspection (4 hour minimum) $16.00 $4.00 ($16.00 minimum) Revised April 2016 City of St. Cloud Building Department Case Type: (H) Plan Review - fees shall be assessed based on permit value at a rate of: a) Residential (duplex, single family, townhouse, or associated structures) b) Commercial (all other non-residential related permits) Current Fee: Plan review fees shall be payable at time of application and are non-refundable. Fees may be adjusted if total valuation is modified during the plan review process. If additional stamped plans are requested and provided at the time of initial review, they shall be charged at a rate of: (I) Plan Revisions - will be charged at a rate of Proposed: Osceola 25% 50% 25% 50% $2.06 per page $2.06 per page $20.60 per page submitted Kissimmee $1.60 per page $20.60 per page submitted $16.00 per page (Includes 1 set of revisions to address initial plan review comments) $76.00 The Initial review fee includes one set of revisions to address initial plan review comments. All subsequent revisions and all those submitted after permit issuance will charged at the above rate. (J) Preliminary Plan Reviews - will be charged a minimum fee of Plans with more than 20 pages will be charged $206.00 $206.00 $10.30 per page $10.30 per page (K) Permit or Permit Application Extensions Shall be requested in writing on a "Permit Application Extension" form provided by the Building Department with justifiable cause given and signed by the contractor. Extensions shall be made prior to the expiration of the permit or permit application, which is (a) For "permit valuations" up to $16,000.00 the extension fee shall be: (b) For "permit valuations" over $16,000.00 the extension fee shall be: (L) Copy charges will be charged for legal or letter size $8.00 per page - $160.00 minimum 10 % of original permit cost or $40.00 whichever is greater $42.00 building permit 180 days from the date of the last 180 days from the date of the last approved inspection or 180 days approved inspection or 180 days from the application submittal date, from the application submittal date, and shall be limited to (2) 90 day and shall be limited to (2) 90 day extensions extensions 1/2 of the original permit fee amount 1/2 of the original permit fee amount 10% of the original permit fee amount of $51.50 whichever is greater $0.15 per page Plans will be charged at a rate of $5.00 per page 10% of the original permit fee amount of $51.50 whichever is greater $0.15 per page $0.15 per page and for letter double sided $0.20 per page and for legal double sided $0.50 per page $5.00 per page Charged at the going rate paid directly to private provider Item # VI.B 10 of 11 Revised April 2016 City of St. Cloud Building Department Case Type: (M) Permit Research Fee Current Fee: $5.15 $20.60 $51.50 $51.50 $1.00 double permit fee $1.00 double permit fee 1.5% of the permit fee with a minimum of $2.00 1.5% of the permit fee with a minimum of $2.00 1.5% of the permit fee with a minimum of $2.00 1.5% of the permit fee with a minimum of $2.00 $25.00 $15.00 $20.00 $75.00 $25.00 $15.00 $20.00 $75.00 (N) When a change in contractor or subcontractor is made, it is the responsibility of the permit applicant to notify the Building Department in writing or email. All requirements of that form shall be met and shall be charged a fee of (O) Residential Garage Sale Permits Issued for up to 3 consecutive days at a charge of Failure to obtain a garage sale permit will result in a b) DCA fee is Osceola $5.00 minimum for the first 15 minutes/$20.00 per hour above and beyond the first 15 minutes $5.15 $20.60 Permits issued within the past three (3) year period Permits older than three (3) years will be charged This fee is due and payable at the time of the request and is not refundable. (P) Florida Permit Surcharge Program Fee Each construction related permit will be charged the following additional fees: a) DBPR fee is Proposed: $40.00 Kissimmee $9.00 Section VIII: Business - Certificate of use Pursuant to city code sec 12-136 Certificate of Use fees are as currently established or as hereafter adopted by resolution of the city council from time to time. Fees for Certificate of use are as follows: Certificate of Use for new or expired businesses Renewal if paid by October 1 Non refundable application fee at time of application submittal Penalty for non-renewal after expiration of September 30 each year Section IX: This schedule of fees and charges shall be posted in the offices of the Building Official and the City Manager and copies of the schedule contained herein shall be made available to the public on demand. The City Manager or his designee shall be directed to collect such fees contemporaneously with applications for procedures when applicable. Section X: This resolution shall take effect June 01, 2016. Item # VI.B 11 of 11 Revised April 2016 Item # AGENDA First Reading: First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016-086R Final Action: 05/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-086R DEPARTMENT SUMMARY: COST OF PROJECT: COST: No cost associated with this item. Various departments are requesting authorization to dispose of obsolete, damaged, and surplus City property. The obsolete, damaged, and surplus property will be disposed of by trading in for credit toward new equipment, donated, sold as scrap or sold via auction. Please see itemized list attached as Exhibit ‘A’ to the resolution. Staff recommends approval of this request. FINANCE DIRECTOR'S COMMENTS: Recommended for approval. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: Item # VI.C 05/12/2016 ATTACHMENTS: Description Resolution No. 2016-086R Exhibit A Item # VI.C RESOLUTION NUMBER 2016-086R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO DECLARE ITEMS AS OBSOLETE, DAMAGED, AND/OR SURPLUS PROPERTY AND OTHERWISE IN THE BEST INTEREST OF THE CITY OF ST. CLOUD. WHEREAS, the City of St. Cloud has surplus property in its possession, which needs to be disposed of, and WHEREAS, the items declared obsolete, damaged, and/or surplus will be traded in for credit toward new equipment, donated, sold as scrap or sold via auction. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of St. Cloud, Florida, as follows: Section I. The City Manager is authorized and directed to declare items as obsolete, damaged, and/or surplus in accordance with Article V of the Purchasing Policy. Section II. The list of items to be declared obsolete, damaged, and/or surplus is set forth in Exhibit ‘A,’ attached hereto and incorporated herein by reference. Section III. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 12th day of May 2016. CITY OF ST. CLOUD Rebecca Borders, Mayor ATTEST: Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED deBeaubien, Knight, Simmons, Mantzaris & Neal LLP Daniel F. Mantzaris, City Attorney Item # VI.C Exhibit ‘A’ to Resolution No. 2016-086R May 12, 2016 Qty 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Description Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Model# 30 21 gen 4 21 gen 4 21 gen 4 21 gen 4 21 gen 4 21 gen 3 21 gen 3 21 gen 3 21 gen 21 gen 4 SF 21 gen 21 gen 3 21 gen 4 21 gen 4 30 21 gen 4 21 gen 4 21 gen 3 30 21 gen 4 30 21 gen 4 21 gen 3 21 gen 3 21 gen 3 21 gen 4 30 21 gen 3 43 21 gen 3 21 gen 3 21 gen 4 21 gen 4 21 gen 4 21 gen 4 30 21 gen 4 21 gen 4 21 gen 4 21 gen 4 21 gen 3 21 gen 4 21 gen 4 Serial # ZTB622 BADV070 BADV072 BADV073 BADV075 BADV077 HSV041 G20382 HSV895 RVM889 YUV794 XUA545 HSV900 YUV788 NEN963 SGB493 XUA546 YUV789 HSV060 PBM827 HNP626 PBM823 MRP663 HSV904 KEW984 HKN620 XUA530 SGB494 HSV896 BAFD508 LAM457 LAM459 XUA547 YUV792 MRP672 MRP669 PBM826 YUV793 HNP619 TUH686 MRP675 LAM240 XUA544 XUA544 Asset No. Tag No. Item # VI.C Exhibit ‘A’ to Resolution No. 2016-086R May 12, 2016 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock Glock 21 gen 4 21 gen 3 21 gen 3 30 21 gen 4 21 gen 4 21 gen 4 21 gen 4 21 gen 3 21 gen 3 21 gen 4 21 gen 4 21 gen 3 30 21 gen 4 30 21 gen 3 21 gen 4 21 gen 4 30 21 gen 4 21 gen 4 30 21 gen 4 21 gen 4 21 gen 4 26 21 gen 3 30 21 gen 3 21 gen 3 21 gen 3 30 21 gen 4 21 gen 3 21 SF 21 gen 4 21 gen 3 21 gen 3 21 gen 3 21 gen 3 21 gen 4 21 gen 3 21 gen 4 21 gen 3 YUV784 KEW981 HSV063 PBM824 HNP620 XUA531 TUH684 TUH685 KEW985 KEW982 MRP670 VLR600 YHR359 SGB495 MRP674 SGB496 KEW980 YUV796 YUV790 PBM825 GCX760 BADV076 ZTB623 NEN956 TUH683 MRP668 ZDL664 HSV061 PBM828 HSV062 LAM239 LAM456 PVB754 HNP628 GUD481 RVM891 YHR180 HSV898 HSV894 KEW983 RVM890 VLR604 GCX759 YUV783 GCX758 Item # VI.C Exhibit ‘A’ to Resolution No. 2016-086R May 12, 2016 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 89 28 76 22 21 3 6 15 18 Glock 21 gen 4 Glock 30 Glock 21 SF Glock 30 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 3 Glock 21 gen 3 Glock 21 gen 3 Glock 30 gen 4 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 4 Glock 21 gen 3 Glock 21 gen 3 Glock 21 gen 4 Glock 30 Gen 4 Glock 21 gen 4 Holster, BW w/light Holster, BW w/o light Holster, SBH w/light Holster, SBH w/o light Holster, Glock 30 Holster, Serpa Holster, ALS marine Holster, Tan ALS Holsters Holster, Tan Drop Leg VLR606 PBM822 SHF678 PVB753 MRP676 YUV786 YUV795 YUV785 MRP667 LAM458 HSV902 GUD480 XVE513 MRP673 YUV787 HNP618 LAM455 HSV044 BADV071 XVE511 YUV791 Item # VI.C Item # AGENDA First Reading: First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016-089R Final Action: 05/12/16 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-089R DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The easement is located along Narcoossee Rd. and Kaliga Dr. for the East Lake Professional Center and is to be utilized for the City of St. Cloud Utility System. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/12/16 Item # VI.D ATTACHMENTS: Description Resolution 2016-089R Exhibit A Item # VI.D RESOLUTION NUMBER 2016-089R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA AUTHORIZING THE MAYOR TO ACCEPT A PUBLIC UTILITY EASEMENT FROM 2580 DEVELOPMENT, LLC., TO HAVE AND TO HOLD FOR ALL USES TRADITIONALLY MADE OF A PUBLIC UTILITY EASEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I. The Mayor of the City of St. Cloud, Florida is authorized and she is directed to execute the acceptance of a permanent utility easement from 2580 Development, LLC., to have and to hold for all public uses traditionally made of a public utility easement, as more particularly set forth in Exhibit “A” attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 12, 2016. CITY OF ST. CLOUD _____________________________ Rebecca Borders, Mayor ATTEST: ______________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP ______________________________ Daniel F. Mantzaris, City Attorney Item # VI.D EXHIBIT “A” Item # VI.D Item # VI.D Item # VI.D Item # VI.D Item # VI.D Item # VI.D Item # VI.D Item # AGENDA First Reading: 05/12/2016 First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016.090R Final Action: 05/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-090R DEPARTMENT SUMMARY: COST OF PROJECT: Release of $25,000.00 The release of funds will help the department to purchase handguns and holsters for the police officers. FINANCE DIRECTOR'S COMMENTS: Recommended for approval. PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/12/2016 Item # VI.E ATTACHMENTS: Description Resolution 2016-090R Resolution 2016-090R Exhibit A Item # VI.E RESOLUTION NUMBER 2016-090R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.CLOUD, FLORIDA AUTHORIZING THE RELEASE OF FUNDS FROM THE ST. CLOUD POLICE DEPARTMENT FEDERAL EQUITABLE FUND TO PURCHASE HANDGUNS AND HOLSTERS. WHEREAS, funds are available in the St. Cloud Police Department Federal Forfeiture Funds account; and pursuant to the Department of Treasury, Request for Transfer of Property Seized/Forfeited by a Treasury Agency, said funds may be used specifically for law enforcement uses, i.e. purchase of vehicles and equipment, etc., and WHEREAS, the St. Cloud Police Department wishes to make purchases utilizing forfeiture funds in the amount $25,000.00 accordance with the Department of Treasury and the St. Cloud Purchasing Policy, from the items listed in Exhibit ‘A,’ attached hereto and incorporated herein by reference. NOW THEREFORE: BE IT RESOVED by the City Council of the City of St. Cloud, Florida, as follows: Section I. All purchases shall be made in accordance with the Department of Treasury and the St. Cloud Purchasing Policy utilizing forfeiture funds. Section II. All purchases will be from the listed in Exhibit ‘A,’ found to be the most responsive and /or reasonable quotes, and /or, otherwise, their acceptance is found to be in the best interest of the City of St.Cloud. Section III. The City Manager is authorized and he is directed to issue purchase orders or "confirmation letters" to said bidders upon a final review of the award process. Section IV. The City Manager is specifically authorized to withhold the purchase orders or "confirmation letters" upon his determination of any matter or factor, hereafter coming to his attention which may indicate such action is not in the City's best interest, provided that upon such withholding, the City Manager, with reasonable dispatch, shall present the issue to the City Council, in session, for review and direction. Section V. The Mayor and City Manager are authorized and they are directed, where appropriate, to execute a formal written agreement as said "confirmation letter" in the furtherance of obtaining the materials and/or services of the subject bid, with similar discretion to withhold and present for Council review. Item # VI.E PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida this 12 day of May, 2016. CITY OF ST. CLOUD, FLORIDA _______________________________ Rebecca Borders, Mayor ATTEST: ______________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED: _______________________________________ Daniel F. Mantzaris, City Attorney Item # VI.E Exhibit A Purchase of Sig Sauer 9mm handguns Purchase of holsters Total: $25,000 Item # VI.E Item # First Reading: AGENDA First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016-091R Final Action: 5/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-091R DEPARTMENT SUMMARY: COST OF PROJECT: Resolution No. 2016-091R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by the Special Olympics on city property, for a special event, known as the 2016 Fundraiser for Special Olympics Benefit Poker Tournament Event, to be held on May 21, 2016, with conditions. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: Item # VI.F 5/12/2016 ATTACHMENTS: Description Resolution Request Letter Item # VI.F RESOLUTION NO. 2016-091R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES BY THE SPECIAL OLYMPICS ON CITY PROPERTY, FOR A SPECIAL EVENT, KNOWN AS THE 2016 FUNDRAISER FOR SPECIAL OLYMPICS BENEFIT POKER TOURNAMENT EVENT, TO BE HELD ON MAY 21, 2016, WITH CONDITIONS. WHEREAS, City Code Section 6-3 and 6-4 provides for the City Council to authorize the consumption and possession of alcoholic beverages on City property to include such conditions as is deemed necessary and in the best interest of the citizens of the City of St. Cloud; and WHEREAS, the Special Olympics, is requesting to be allowed to sell and serve alcoholic beverages on City property during the 2016 Fundraiser for Special Olympics Benefit Poker Tournament event held on Saturday, May 21, 2016 from 5:00 p.m. to 11:00 p.m. at the St. Cloud Civic Center located at 3001 17th Street, with the following conditions: NOW THEREFORE; be it resolved by the City Council of the City of St. Cloud, Florida, as follows: SECTION I. The City Council of the City of St. Cloud hereby authorizes the sale, consumption and possession of alcoholic beverages by the 2016 Fundraiser for Special Olympics Benefit Poker Tournament, on City property for their event to be held on Saturday, May 21, 2016 from 5:00 p.m. to 11:00 p.m. and such consumption and possession shall be restricted to the St. Cloud Civic Center located at 3001 17th Street, with the following conditions: • • • • The Special Olympics shall submit prior to the event: • A certificate of insurance in an amount approved by the City, with the City of St. Cloud listed as additional insured; • A hold harmless form executed by the Special Olympics acceptable to the City Attorney; • If required by applicable law, a permit from the State Division of Alcoholic Beverages to the Special Olympics The Special Olympics agrees to comply with all laws and codes of the City of St. Cloud and the State of Florida; The event shall be processed through the City’s Development Review Committee; The Special Olympics shall notify all business owners and/or residents within 1,500 feet of the area where alcoholic beverages will be served. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on the 12th day of May, 2016. CITY OF ST. CLOUD ATTEST: ____________________________ Mayor, Rebecca Borders __________________________ City Clerk, Linda P. Jaworski Legal in form and valid if adopted. __________________________ City Attorney, Daniel F. Mantzaris Item # VI.F Item # VI.F Item # First Reading: AGENDA First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. 2016-092R Final Action: 5/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-092R DEPARTMENT SUMMARY: COST OF PROJECT: Resolution No. 2016-092R, a resolution of the City Council of the City of St. Cloud, Florida, authorizing the sale, consumption and possession of alcoholic beverages by Special Olympics, on city property, for a special event, known as Robo Mud Run, to be held on Saturday, June 25, 2016, with conditions. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 5/12/2016 Item # VI.G ATTACHMENTS: Description Resolution Request Letter Item # VI.G RESOLUTION NO. 2016-092R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, AUTHORIZING THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES BY SPECIAL OLYMPICS, ON CITY PROPERTY, FOR A SPECIAL EVENT, KNOWN AS ROBO MUD RUN, TO BE HELD ON SATURDAY, JUNE 25, 2016, WITH CONDITIONS. WHEREAS, City Code Section 4-3 and 4-4 provides for the City Council to authorize the consumption and possession of alcoholic beverages on City property to include such conditions as is deemed necessary and in the best interest of the citizens of the City of St. Cloud; and WHEREAS, Special Olympics is requesting to be allowed to sell and serve alcoholic beverages on City property during the Robo Mud Run event to be held on Saturday, June 25, 2016 from 7:00 a.m. to 6:00 p.m. in an area approved through the DRC review process. NOW THEREFORE; be it resolved by the City Council of the City of St. Cloud, Florida, as follows: Section I. The City Council of the City of St. Cloud hereby authorizes the sale, consumption and possession of alcoholic beverages by Special Olympics, on City property, for their event to be held on Saturday, June 25, 2016 from 7:00 a.m. to 6:00 p.m., and such sale, consumption and possession shall be restricted to St. Cloud Parks and Recreation Civic Center and PegHorn Park as approved through the DRC review process with the following conditions: • • • St. Cloud Citizen Foundation shall submit prior to the event: • A certificate of insurance in an amount approved by the City, with the City of St. Cloud listed as additional insured; • A hold harmless form executed by St. Cloud Citizen Foundation acceptable to the City Attorney; • If required by applicable law, a permit from the State Division of Alcoholic Beverages to the St. Cloud Citizen Foundation. St. Cloud Citizen Foundation agrees to comply with all requirements, policies, laws and codes of the City of St. Cloud and the State of Florida; St. Cloud Citizen Foundation shall notify all business owners and/or residents within the area where alcoholic beverages will be served. Section II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida, on the 12th day of May, 2016. CITY OF ST. CLOUD ATTEST: ____________________________ Mayor, Rebecca Borders ____________________________ City Clerk, Linda P. Jaworski Legal in form and valid if adopted. ____________________________ City Attorney, Daniel F. Mantzaris Item # VI.G Item # VI.G Item # AGENDA First Reading: First Public Hearing: Consent Agenda Second Public Hearing: Ordinance No. Resolution No. Final Action: 05/12/2016 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Rummell Downs Replat 1 DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. The applicant is requesting a Final Plat for Rummell Downs Replat 1 (FKA Turtle Creek Estates, part of Phase III). The subject property is located between 4750 & 4810 Rummell Road. The proposed plat consists of 9 residential lots. FINANCE DIRECTOR'S COMMENTS: N/A PURCHASING MANAGER'S COMMENTS: N/A CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/12/2016 Item # VI.H ATTACHMENTS: Description Staff Report Final Plat Item # VI.H City Council Staff Report Meeting Date: 05/12/16 DRC Case # 16-50.01 Type of Application Final Plat Case Name Rummell Downs Replat 1 Owner Rosewood Interest Inc. Applicant Scott Stearns Jones Homes USA Agent David Reid, P.E. Franklin, Hart & Reid Address Between 4750 & 4810 Rummell Road Parcel ID # 31-25-31-0618-0001-001-0, 31-25-31-0618-0001-002-0, 31-25-31-0618-0001-003-0, 31-25-31-0618-0001-004-0, 31-25-31-0618-0001-005-0, 31-25-31-0618-0001-006-0 Project Planner Shuo Liu Request The applicant is requesting a Final Plat for Rummell Downs Replat 1 (FKA Turtle Creek Estates, part of Phase III). The subject property is located between 4750 & 4810 Rummell Road. The proposed plat consists of 9 residential lots. Background The subject property is approximately 3.88 acres. The Future Land Use designation is Low Density Residential and the zoning designation is PUD, Planned Unit Development. The Planning Commission recommended approval of the PUD amendment and revision to the Final Master Plan and Construction Plans for Rummell Downs on March 15, 2016, followed by the City Council’s approval on April 14, 2016 (DRC case# 15-45.05). DRC/Staff Review The Development Review Committee (DRC) and City Surveyor reviewed the Final Plat and all conditions have been met. The proposed Final Plat meets the requirements of the Land Development Code (LDC) and Florida Statute. Item # VI.H City Council Required Action Per LDC Section 5.2.3.5.4 – City Council Review, when the plat complies with all requirements, it shall be presented to the City Council for final approval. The City Council shall have the option of approving the plat as presented or requiring additional information or revisions. The Mayor shall execute the Final Plat/Replat within 30 days of approval. The Deputy Mayor shall have the authority to sign Final Plats/Replats in the absence of the Mayor. Attachments Final Plat Page 2 of 2 DRC Case # 15-55.02 Case Name Item # VI.H Item # VI.H Item # AGENDA First Reading: First Public Hearing: Council Action Second Public Hearing: Ordinance No. Resolution No. 2016-088R Final Action: 05/12/16 DATE OF MEETING: MAY 12, 2016 AGENDA ITEM (Brief Description) Resolution No. 2016-088R DEPARTMENT SUMMARY: COST OF PROJECT: No cost associated with this item. This development is located in the unincorporated area of Osceola County West of Narcoossee Rd. and North of Dan Smith Rd. and is requesting water and sewer service by the City of St. Cloud Utility System. FINANCE DIRECTOR'S COMMENTS: PURCHASING MANAGER'S COMMENTS: CITY MANAGER'S COMMENTS: I recommend approval. CITY COUNCIL ACTION: 05/12/16 Item # VIII.1 ATTACHMENTS: Description Resolution 2016-088R Exhibit A Exhibit A Page 2 Exhibit B Page 1 Exhibit B Page 2 Item # VIII.1 RESOLUTION NUMBER 2016-088R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA APPROVING A WATER & WASTEWATER SERVICE AGREEMENT FROM SERENITY RESERVE, LLC.; FOR SERENTIY RESERVE A DEVELOPMENT LOCATED IN THE UNINCORPORATED AREA OF OSCEOLA COUNTY WEST OF NARCOOSSE RD. AND NORTH OF DAN SMITH RD. SERVICING APPROXIMATELY EIGHTY-FIVE (85) HOMES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. CLOUD, FLORIDA, as follows: SECTION I. The City Manager of the City of St. Cloud, Florida is authorized and is directed to execute the Water & Wastewater Service Agreement from Serenity Reserve, LLC., as agreement to provide water and wastewater utility service to Serenity Reserve, as more particularly set forth in Exhibit “A” attached hereto and incorporated herein by reference. SECTION II. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of St. Cloud, Florida on May 12, 2016 CITY OF ST. CLOUD _____________________________ Rebecca Borders, Mayor ATTEST: ______________________________ Linda P. Jaworski, City Clerk LEGAL IN FORM AND VALID IF ADOPTED. deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP ______________________________ Daniel F. Mantzaris, City Attorney Item # VIII.1 EXHIBIT “A” Item # VIII.1 EXHIBIT “B” Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1 Item # VIII.1