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CITY OF ST. CLOUD

PLANNING BOARD AGENDA

August 1, 2006

 

LOCATION:                              1300 9th Street, Building A; 3rd Floor; Council Chambers

 

CALL TO ORDER:                     6:30 P.M.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL: 

Jackie Walton (P)                      Kimberly Koile – Chair (A)                 Peter Vitelli (P)

David Peach (P)                         Elaine Cardinal (P)                           Tony Maresco, Alt #1 (P)     

David Rhinehart, Alt #2 (EA)

 

STAFF REPRESENTATIVES:     Jack Morgeson, City Attorney; John Groenendaal, Planner; Jeffrey Higgins, Planner; Megan Berkau, Development Coordinator

 

Welcome to the City of St. Cloud Planning Board Meeting. In the interest of time efficiency and ensuring that everyone who wishes to address the Board 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 Board, unless such time is extended by the Chairman or by questions from Board. 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.

 

In the absence of Ms. Koile, Vice Chair, David Peach, will be acting as chairperson for the Board.

 

In the absence of Ms. Koile, Tony Maresco will be acting as a voting member of the Planning Board.

 

PUBLIC HEARINGS:

 

1.         Case #6-98.01 – Lorraine Estates, Phase 2-5 and 6 lots of Phase 1

                                                East of Canoe Creek Road, South of Fertic Road

A.      Annexation

 

Mr. Higgins made a presentation for staff.  He explained that this is to take action on the encumbrance and petition for annexation of Lorraine Estates that currently exists.  This will omit that portion of Phase 1 that is not currently encumbered to the City of St. Cloud.  Mr. Higgins explained that the City currently collects solid waste through an agreement with Osceola County, but that agreement will expire in September of this year.  He indicated that it is the City’s hope that the property would be annexed so that the City can take on service responsibilities immediately.

 

Mr. Bob Kocher addressed the Board.  Mr. Kocher stated that most of his questions had been answered.  He stated that he is an insurance agent and indicated the cost differential in homeowner insurance due to the ISO rating.  Mr. Kocher asked about the police surveillance, and road and drainage maintenance.

 

Mr. Peach asked staff to address those questions.

 

Mr. Higgins explained how the Public Works Department will address the needs of the community.  He explained that these needs will not be addressed immediately until the budget will allow for those improvements.

 

Ms. Cardinal asked if the roads are designated to City, or if they are still County.

 

Mr. Higgins explained that they will be annexed along with the subdivision.

 

Mr. David Daniel addressed the Board.  Mr. Daniel asked if Missouri Avenue would continue through Lorraine Estates.  He also asked if Drema Drive would go into the newer development.

 

Mr. Higgins explained that Drema Drive   and explained that there are no plans to extend Missouri Ave.

 

Ms. Walton asked if there was a canal there.

 

Mr. Daniel asked how the taxes in this subdivision would be affected.

 

Mr. Morgeson explained they would be subjected to the City tax millage rate.

 

Mr. Higgins further explained that the taxes would increase by a percentage, but the water fees would decrease 25%.

 

Mr. Daniel asked if street lights would be provided by the City.


Mr. Peach explained this would relate to the CIP projects, so it would be handled at that budget time.  He recommended that they discuss these concerns with the Engineering Department.

 

Mr. Daniel continued to express his concern with the infrastructure within Lorraine Estates.

 

Mr. Peach asked if there was a homeowners association.

 

Mr. Daniel indicated that there was not.

 

Mr. Higgins indicated that he would need to refer to the plat for that information.

 

Mr. Daniel asked about the documents that were recorded in 1981.

 

Mr. Higgins stated that they could be found by doing a public record search.  He stated that these were recorded in OR Book 531, Page 421 and Page 418.????

 

Mr. Daryl Baker addressed the Board.  Mr. Baker asked what authority the residents would have to stop sewer infrastructure from being developed in their neighborhood.

 

Mr. Higgins explained that the infrastructure is not there and is not planned to go there.  He also indicated that the City depends on the Health Department to require it before the City would initiate it.

 

Mr. Peach asked how it is typically handled for subdivisions.

 

Mr. Higgins stated he would have to check with Public Works on that.

 

Mr. Baker stressed his concerns about being forced to connect to sewer and having to incur the costs of the infrastructure being installed.

 

Mr. Morgeson indcated that this is beyond the scope of what the Board is acting on tonight.

 

Mr. Baker expressed why he was bringing this issue forward.

 

Mr. Morgeson reiterated that this is beyond the scope of tonight’s meeting.

 

Mr. John Groenendaal explained that this is determined by the Health Department and it is beyond control of the City.

 

Mr. Baker explained his concern further.

 

Mr. Peach explained that he understands the

 

Ms. Margarite ___ 2030 Lorraine Way.  Ms. ___ asked if the whole subdivision would be included in the annexation.

 

Mr. Higgins explained specifically what would be annexed using “this and that” on the map.

 

Mr. Peach explained that those that are exluded from the annexation did not have a recorded encumbrance.

 

Mr. Higgins explained further.

 

Ms. ___ explained a previous experience with having to connect to sewer in Kissimmee and reiterated that she would like to hear from Engineering what services the City would provide this subdivision.

 

Mr. Peach explained that if this annexation

 

Mr. Morgeson stated that the questions are relevant, but that the questions are inappropriately addressed to the Board instead of Staff.

 

Ms. Maria Thompkins 1700 Carolyn Ct. asked if she has a choice in the annexation or not.

Mr. Higgins reiterated that the encumbrance stated it was an agreement ran with the land and would be encumbant on the property owner at the time that the City decided it was appropriate to annex.

 

Mr. Vitelli asked if the property owners were required to hook up to sewer even when they property was in the County, would the residents have to pay a surcharge similar to the water surcharge?

 

Mr. Higgins indicated that it was a 25% surcharge just like the water.  He then explained that if the infrastructure was in place and their septic failed, the Health Department …

 

Ms. Thompkins stated that there was a grandfather law that the property owners were not to be annexed.

 

Mr. Peach indicated that it is clear in the records that there was an agreement that the property could be annexed as soon as it was contiguous to the City Limits.

 

Mr. Morgeson further explained that the records are clear and that there are issues further explained in the staff report to the Board.

 

Ms. Walton asked Mr. Higgins why the City is not processing ALL lots within Lorraine Estates.

 

Mr. Higgins explained that we do not have the recorded documents for the portions that are exluded and that the City’s hope is that once the property owners see the benefits of the City services, they will want to be annexed.

 

Mr. Antonio Morales 1930 Dillman Drive – Mr. Morales explained that the City should not force the annexation if it is unwanted.

 

Ms. Cardinal explained that this information should have been indicated in the Title search.

 

Mr. Morgeson reiterated the use of the public documents.

 

Mr. Morales ____

 

Mr. Morgeson indicated again that this ___

 

Mr. Peach suggested that the audience signify who was for or against the annexation by a show of hands.

 

Mr. Morgeson explained the process and the objective of the Planning Board.

 

Mr. Art Fagnet 1610 E. Clinton Dr. stated that if they went to the Title Companies individually, they could tie up this annexation for a long time.

 

Mr. John Dippold 17 Carolyn Ct. explained that the developer is where the problem lies because he sold to builders, not to individuals.  He explained his knowledge of the history of the subdivision.

 

Ms. Cardinal made a motion to recommend approval of the annexation, Ms. Walton seconded the motion.

 

All Ayes to approve the motion.

 

 

2.         Case #6-101.01 – Studios on Eleventh

                                                1115 11th Street

 

Mr. Higgins made a presentation for staff.  He explained that this property is seeking rezoning to allow for a mixed-use development.  He explained that it is currently a residential use, but zoned CBD-2 and they would like to

 

Mr. Peach asked for comments from the public and hearing none, he asked for comments from the Board.

 

Ms. Walton asked if the lot was big enough for what they are proposing.

 

Mr. Higgins stated that he has made it clear to the applicant that they can maintain on-street parking, but there is no guarantee for parking.

 

Mr. Vitelli indicated that the CBD-1 zoning gives them a 0’ setback and explained that most places have a blank wall.

 

Mr. Higgins…

 

Ms. Cardinal commended the applicant for proposing this project in downtown St. Cloud.

 

Mr. Higgins discussed the hopes to see more developments like this in the downtown area.

 

Ms. Walton stated she is still unclear as to where they will park.

 

Mr. Peach stated that it will be in the street, and that it is not the Board’s issue tonight.

 

Ms. Walton and Mr. Peach discussed.

 

Mr. Vitelli questioned a 3 bedroom house.

 

Mr. Groenendaal explained that there is parking available on the street and in public parking lots.  He explained that we are conditioned to park in our own driveways, but these people will live a little differently than that.  He stated that this is an innovative project and it will bring a new design.

 

Ms. Walton moved to recommend approval of the rezoning.  Motion seconded by Mr. Vitelli.

 

All Ayes to approve the motion.

 

CLOSE PUBLIC HEARINGS

 

MISCELLANEOUS BUSINESS:

 

3.         Case #6-20.36 – Scott Schneider

                                                1087 S. Lake Avenue

                                            A.  Water Request

                                            B.  Deferral of Annexation

 

Mr. Higgins made a presentation for staff.

 

Ms. Walton made a motion to approve the water request with the conditions as stated by staff.  Mr. Vitelli seconded the motion.

All Ayes to approve the motion.

 

Ms. Walton made a motion to defer annexation of the property.  __

All Ayes to approve the motion.

 

4.         Case #6-20.35 – Angela Mooney

2594 Old Canoe Creek Road.

                                            A.  Water Request

                                            B.  Deferral of Annexation

 

Mr. Higgins made a presentation for staff.

 

Ms. Walton made a motion to approve the water request with the conditions as stated by staff.  Ms. Cardinal seconded the motion.

All Ayes to approve the motion.

 

Ms. Cardinal made a motion to defer annexation of the property.  Ms. Walton seconded the motion.

All Ayes to approve the motion.

 

 

5.         Case #6-20.31 – Mary Jane Padgett

600 Columbia Avenue

                                            A.  Sewer Request

                                            B.  Deferral of Annexation

 

Mr. Higgins made a presentation for staff.

Ms. Walton made a motion to approve the sewer request with the conditions as stated by staff.  Ms. Cardinal seconded the motion.

All Ayes to approve the motion.

 

Ms. Walton made a motion to defer annexation of the property.  Ms. Cardinal seconded the motion.

All Ayes to approve the motion.

 

6.         Case #6-20.29 – Distinctive Homes

3355 Lakeshore Blvd.

                                            A.  Water Request

                                            B.  Deferral of Annexation

 

Mr. Higgins made a presentation for staff.

 

Ms. Cardinal made a motion to approve the water request with the conditions as stated by staff.  Ms. Walton seconded the motion.

All Ayes to approve the motion.

 

Ms. Cardinal made a motion to defer annexation of the property.  Ms. Walton seconded the motion.

All Ayes to approve the motion.

 

7.         Case #6-20.26 – Betty Jo Spurrier

1406 Chisholm Ridge Ct.

                                            A.  Water Request

                                            B.  Deferral of Annexation

 

Mr. Higgins made a presentation for staff.

 

Mr. Maresco made a motion to approve the water request with the conditions as stated by staff.  Ms. Walton seconded the motion.

All Ayes to approve the motion.

 

Mr. Maresco made a motion to defer annexation of the property.  Ms. Walton seconded the motion.

All Ayes to approve the motion.

 

Ms. Walton and Ms. Cardinal briefly discussed the issues with Lorraine Estates.  Mr. Higgins indicated that they understand that there would be needs and these have not gone unconsidered and that he appreciates that the residents have expressed their concerns because they are needs that the elected officials need to hear.

 

Mr. Morgeson applauded the board for hearing the public concerns and that, unfortunately, he felt compelled to redirect the actual spec of the meeting.

 

ADJOURNMENT: 7:55PM