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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. February 1, 2011. Board of County Commissioners. District #: 2 Case #: LUP-10-05-108 Applicant: Ernesto Gonzalez for Ruiz Office PD Request: R-1A (Single-family Dwelling District ) to PD (Planned Development District)

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING February 1, 2011

  2. Board of County Commissioners District #:2 Case #:LUP-10-05-108 Applicant:Ernesto Gonzalez for Ruiz Office PD Request:R-1A (Single-family Dwelling District) to PD (Planned Development District) Proposed Use:Professional Office uses up to 1,565 sq. ft.

  3. Board of County Commissioners LUP-10-05-108 Zoning Map

  4. Board of County Commissioners LUP-10-05-108 Future Land Use Map

  5. Board of County Commissioners Ruiz Office PD Land Use Plan

  6. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to the following conditions:

  7. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Ruiz Office PD Land Use Plan dated "Received October 27, 2010," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received October 27, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

  8. Board of County Commissioners DRC Conditions of Approval Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. Outdoor sales, storage, and display shall be prohibited. 4. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. This project is located within an Alternative Mobility Area. The applicant shall submit a planning context assessment study (Comprehensive Plan Policy T2.3.7) prior to development plan approval. 6. A waiver is granted from Section 38-1272 (3) of the Orange County Code to allow a 9-foot PD perimeter setback along the north property line in lieu of the required 25 feet for the existing structure only. 7. A waiver from Section 38-1603 of the Orange County Code is granted to allow a 42-foot parking setback from the centerline of Edgewater Drive in lieu of 55 feet from the centerline. A waiver is granted from Section 38-1272(3)(d) of the Orange County Code to allow a 29-foot building setback along North Palm Avenue in lieu of the required 30-foot building setback for the existing structure only. A waiver is granted from Section 38-1272(3)(b) of the Orange County Code to allow a 3-foot to 27-foot building setback from Edgewater Drive in lieu of the required 40 feet for the existing structure only.

  10. Board of County Commissioners P&ZC Recommendation • Make a finding of inconsistency with the Comprehensive Plan and deny the PD zoning, based on the incompatibility of the request with the following Comprehensive Plan policies.

  11. Board of County Commissioners P&ZC Recommendation Cont’d. Policies: • FLU8.1.1 states that the zoning and future land use correlation shall be used to determine consistency with the Future Land Use Map. Land use compatibility, the location, availability and capacity of services and facilities, market demand, and environmental features shall also be used in determining which specific zoning district is most appropriate. Density is restricted to the maximum and minimum allowed by the Future Land Use Map designation regardless of zoning. Density shall be calculated by the total number of units divided by developable land. (Natural lakes and designated Conservation Areas are excluded from the gross land area.) • FLU8.2.1 states that land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change.

  12. Board of County Commissioners Action Requested • To uphold, overturn or modify the decision of the Planning and Zoning Commission (P&ZC) to Deny the requested rezoning for the Ruiz PD Land Use Plan, dated “Received October 27, 2010.” • If the BCC action is to overturn or modify the P&ZC decision of inconsistency, note there are nine (9) DRC conditions as identified in the DRC Recommendations of the Staff Report.

  13. Board of County Commissioners District #:2 Case #:LUP-10-05-113 Applicant:Kenneth Patterson for Brew PD Request:P-O (Professional Office District) to PD (Planned Development District) Proposed Use:Institutional School (K-8): 25,000 sq. ft. (up to 200 students) Church: 15,000 sq. ft. Day Care: 2,800 sq. ft. (up to 75 children)

  14. Board of County Commissioners LUP-10-05-113 Zoning Map

  15. Board of County Commissioners LUP-10-05-113 Future Land Use Map

  16. Board of County Commissioners Brew Land Use Plan

  17. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to the following conditions:

  18. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Brew PD Land Use Plan dated "Received October 27, 2010," and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received October 27, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

  19. Board of County Commissioners DRC Conditions of Approval Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. A waiver from Section 38-1272(a)(3) is granted to allow for a 20-foot building setback from the south property line in lieu of 25 feet for the existing structure only. 4. A waiver from Section 38-1272(5) is granted to allow for a maximum building height of 60 feet, for the church steeple only, in lieu of 35 feet.

  20. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. The Developer shall obtain wastewater service from Orange County Utilities. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 7. A 6-foot masonry wall shall be required along the eastern boundary line. 8. Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with a tree removal and mitigation plan, have been approved by Orange County. Outdoor sales, storage, and display shall be prohibited. Outdoor special events are approved as listed on the LUP. 10. The proposed school shall utilize portables. No portables shall be placed on the site until a Development Plan is approved and all applicable permits are obtained.

  21. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to ten (10) conditions.

  22. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Brew PD Land Use Plan dated “Received October 27, 2010,” subject to the ten (10) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  23. Board of County Commissioners Project : Interstate 4 Plaza PD/LUP - Substantial Change Applicant:Jim Hall District #: 1

  24. Board of County Commissioners Request:To consider a substantial change to the approved Interstate 4 Plaza Planned Development/Land Use Plan (PD/LUP) to: 1) Grant a waiver from Section 38-1300 to increase the maximum building height to 250’ in lieu of 200’; 2) Allow one (1) emergency motorized craft on Lake Willis; 3) Convert hotel rooms to timeshare units; 4) Grant approval of the Rescission of the Development of Regional Impact (DRI)/ Development Order (DO); and 5) Eliminate note #6 from the Land Use Plan dated received March 5, 1999, which requires the building setbacks to be increased 1 foot for every 2 feet over 60’ in height.

  25. Board of County Commissioners Zoning Map

  26. Board of County Commissioners Future Land Use Map

  27. Board of County Commissioners Interstate 4 Plaza Land Use Plan

  28. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Interstate 4 Plaza PD/LUP dated “Received November 12, 2010,” subject to the eight (8) conditions in the staff report.

  29. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Interstate 4 Plaza PD Land Use Plan dated “Received November 12, 2010,” and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated “Received November 12, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  30. Board of County Commissioners DRC Recommendations Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners (BCC) at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. Pole sign and billboards shall be prohibited. Ground and facia signs shall comply with Chapter 31.5. 4. A waiver from Chapter 38-1300 is granted to increase the maximum building height to 250’ in lieu of 200’.

  31. Board of County Commissioners DRC Recommendations Cont’d. 5. The following applicable BCC Conditions of Approval dated March 23, 1999 shall apply: a. Development shall conform to the Interstate 4 Plaza Planned Development/Land Use Plan, dated “Received September 28, 1998,” and to the following conditions of approval. Development based on this approval shall comply with all other applicable federal, state, and county laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent [the applicable laws, ordinances, and regulations] are expressly waived or modified by these conditions, or by action approved bythe Orange County Board of County Commissioners (BCC), or by action of the BCC. THIS CONDITION HAS BEEN MODIFIED

  32. Board of County Commissioners DRC Recommendations Cont’d. b. The following International Drive strategic conditions shall apply: • Permitted and prohibited uses shall be those specified in Policies 1.1.3 and 1.1.6 of the International Drive Activity Center. • If the housing linkage program is in place prior to development plan approval, development of nonresidential development shall be conditioned upon the development of residential units within the area designated as Activity Center Residential on the Future Land Use Map. • The development guidelines of the International Drive Activity Center shall apply to the subject property if they are established prior to building permit submittal, including but not limited to, lighting standards, sign regulations, open space regulations, trip reduction program, access management controls, transit access design standards, building orientation, and location of parking lots. • The property owners shall be required to participate in the International Drive property owners’ association upon its creation.

  33. Board of County Commissioners DRC Recommendations Cont’d. • Stormwater management facilities shall be designed as an aesthetic feature, except where determined by the County engineer to be technically unfeasible. • The development plan shall provide for interconnection of adjacent developable parcels either by cross access easements or public right-of-way. This shall include connection into and continuation of an area wide transportation plan for the International Drive Activity Center. • Electrical distribution lines shall be underground. • Participation in a shuttle service connecting area attractions, major transportation centers, and on-site development shall be required. c. Boat docks are not approved by this approval and shall be subject to applicable permitting requirements. The use of Lake Willis shall be limited to 12 non-motorized craft and 1 emergency motorized craft.

  34. Board of County Commissioners DRC Recommendations Cont’d. d. Development within 100 feet of the RCE-zoned property to the south shall be limited to single story not to exceed 35 feet in height. If the RCE-zoned property located to the south is rezoned to other than single-family residential, this condition is voided. 6. The Developer shall cooperate with Orange County and LYNX by promoting the use of mass transit in this project and shall participate in the provision of transit facilities and shuttle operations to and from this project site. The Developer shall post transit information prominently in hotels and other public areas and sign transit stops, provide transit shelters and encourage the use of transit through the facilitation of pedestrian friendly access to Westwood Boulevard transit stops. 7. Loss of the stand Florida Bonamia (Bonamia grandiflora) on residential Lot 39, which is being added to the project, shall be mitigated through;

  35. Board of County Commissioners DRC Recommendations Cont’d. a. A financial payment to the Orange County Environmentally Sensitive Lands Trust Fund or similar county fund for the purpose of acquiring and protecting scrub habitat, ideally that of the Lake Wales Ridge. Payment shall be made based on the arcal extent of habitat supporting this stand, as determined by Orange County, and using the guidelines of the fund or, if no guidelines for the upland habitat are available, using guidelines for the acquisition of mitigative wetland or other habitat areas; and b. The Developer shall permit Orange County or the Florida Native Plant Society to transplant the subject plants to a protected location satisfactory to Orange County. The Developer shall be responsible for any costs associated with the transplant operation, but will not assume any costs relating to a receptor site or any responsibility for the immediate long-term success of this action. 8. The applicant must apply for and obtain a capacity encumbrance letter prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to certificate of occupancy.

  36. Board of County Commissioners PUBLIC HEARING

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