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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. September 14, 2010. Board of County Commissioners. District #: 3 Case #: LUP-10-02-023 Applicant: Sam Sebaali for 42 South Dean PD Request: A-2 (Farmland Rural 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 September 14, 2010

  2. Board of County Commissioners District #:3 Case #:LUP-10-02-023 Applicant:Sam Sebaali for 42 South Dean PD Request:A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use:Commercial (C-1 uses) / Professional Office (P-O uses) - up to 15,750 sq. ft. (with a maximum of 10,000 sq. ft. of commercial uses; see LUP for use exceptions)

  3. Board of County Commissioners LUP-10-02-023 Zoning Map

  4. Board of County Commissioners LUP-10-02-023 Future Land Use Map

  5. Board of County Commissioners 42 South Dean 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 42 South Dean PD Land Use Plan dated "Received May 20, 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 May 20, 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. A 20-foot-wide ingress and egress easement shall be provided to the property to the west.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. 4. 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 platting. Nothing in this condition, and nothing in the decision to approve this preliminary subdivision plan, shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. 5. Due to a narrow property configuration, a waiver from Section 38-1272(a)(3) is granted to allow a 10-foot setback from the northern property line in lieu of 25 feet. 6. The total number of parking stalls provided shall not exceed 110% of the maximum required per Orange County Code. 7. All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination (CAD) and a Conservation Area Impact (CAI) Permit. Approval of this plan does not authorize any direct or indirect conservation area impacts.

  10. Board of County Commissioners DRC Conditions of Approval Cont’d. 8. The Developer shall obtain water and wastewater service from Orange County Utilities. 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. 10. Outdoor sales, storage, and display shall be prohibited. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 12. A cross access easement shall be provided to the north for a joint access. 13. Commercial uses shall be limited to a maximum of 10,000 square feet. 14. A waiver from Section 34-152(d) is granted to allow access to Parcel 30-22-31-0000-00-033 through a 20-foot-wide easement in lieu of a minimum 20-foot-wide free and simple access.

  11. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to fourteen (14) conditions.

  12. Board of County Commissioners Project : Orlando Jetport Center PD/DRI/LUP - Substantial Change Applicant:Christopher Roper District #: 4

  13. Board of County Commissioners Request:To consider a substantial change to the approved Orlando Jetport Center Planned Development/Development of Regional Impact/Land Use Plan (PD/DRI/LUP) to set the development program as follows: Residential (High Density) = 156 units, Residential (Medium Density) = 504 units, Commercial = 238,600 square feet, General Industrial = 698,246 square feet, Industrial (North of OUC rail) = 1,122,212 square feet, and Industrial (Remainder) = 1,265,308 square feet.

  14. Board of County Commissioners Zoning Map

  15. Board of County Commissioners Future Land Use Map

  16. Board of County Commissioners Orlando Jetport Center Land Use Plan

  17. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Orlando Jetport Center PD/DRI/LUP dated “Received April 26, 2010,” subject to the three (3) conditions in the staff report.

  18. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Orlando Jetport Center PD / DRI Land Use Plan dated “Received June 2, 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 “June 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  19. 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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3. All applicable previous Conditions of Approval shall apply.

  20. Board of County Commissioners Project : Fourth Amended and Restated Development Order for the Orlando Jetport Center Development of Regional Impact (DRI) Applicant:Christopher Roper District #: 4

  21. Board of County Commissioners Request:The request is a non substantial deviation to the Orlando Jetport Center Development Order (DO) for the following: 1. Incorporate the results of the Monitoring and Modeling (M&M) study into the Development Order, which includes the division of Phase 2 into equal sub-phases and the elimination of Phase 3 of the project, 2. Add a land use conversion matrix for conversion between commercial and industrial uses in Phase 2, based on trip counts, 3. Extend the phasing and build-out dates of the DRI in response to current economic conditions, 4. Modify the annual reporting requirement to a biennial reporting requirement in accordance with recent statutory changes, and 5. Update Map H to reflect slight changes in lot line configurations as the project proceeds through the platting process.

  22. Board of County Commissioners Action Requested • Approval of the Fourth Amended and Restated Development Order for the Orlando Jetport Center Development of Regional Impact to incorporate the results of the M&M study into the DO, including the division of Phase 2 into equal sub-phases and the elimination of Phase 3 of the project; add a land use conversion matrix for conversion between commercial and industrial uses in Phase 2; extend the phasing and build-out dates; modify the annual reporting requirement to a biennial reporting requirement; and update Map H to reflect changes in lot line configurations.

  23. Board of County Commissioners Project : Dean Road Condos PD/LUP - Substantial Change Applicant:Scott Stearns District #: 4 Request: To consider a substantial change to the approved Dean Road Condos Planned Development/Land Use Plan (PD/LUP) to add 110 additional single-family residential units to the approved Planned Development (PD). The total amount of units shall be 473 single-family residential units for the overall PD (363 existing units and 110 units being added with this request). This PD is also approved for 40 multi-family residential units. The multi-family residential entitlements are not being modified as part of this request.

  24. Board of County Commissioners Zoning Map

  25. Board of County Commissioners Future Land Use Map

  26. Board of County Commissioners Dean Road Condos Land Use Plan

  27. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Dean Road Condos PD/LUP dated “Received January 13, 2010” subject to the eleven (11) conditions in the staff report.

  28. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Dean Road Condos PD Land Use Plan dated “Received January 13, 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 “January 13, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  29. 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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3. All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination (CAD) and a Conservation Area Impact (CAI) Permit. Approval of this plan does not authorize any direct or indirect conservation area impacts.

  30. Board of County Commissioners DRC Recommendations Cont’d. 4. Prior to construction plan approval, a master stormwater management plan including a drainage study to establish the 100-year flood elevation shall be submitted to the Development Engineering Division for review and approval. 5. The stormwater management system shall be designed to retain the 100-year/24-hour storm event onsite, unless documentation with supporting calculations is submitted, which demonstrates that a positive outfall is available. If the applicant can show the existence of a positive outfall for the subject basin, then the developer shall comply with all applicable state and local stormwater requirements and regulations. An emergency high water relief outfall shall be provided to assure overflow does not cause flooding of surrounding areas. 6. The Minimum Living Area for residences built within Units 4 & 5 shall be 1,200 square feet under heat and air. 7. An updated Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the next PSP/DP. The MUP must be approved prior to Construction Plan approval. 8. The Developer shall obtain water and wastewater service from Orange County Utilities.

  31. Board of County Commissioners DRC Recommendations Cont’d. 9. Intersection improvements including signalization and turn lanes shall be addressed with PSP submittal. At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. Unless the property is vested and/or exempt, the applicant shall be subject to school concurrency and required to go through the review process prior to platting. 11. Land clearing and tree removal are prohibited until appropriate permits are obtained.

  32. Board of County Commissioners Project : Royal Estates PD/LUP - Substantial Change Applicant:Momtaz Barq District #: 1 Request: To consider a substantial change to the approved Royal Estates Planned Development/Land Use Plan (PD/LUP) to increase the number of single- family units from 154 to 169 and to decrease the number of multi-family units from 36 to 35.

  33. Board of County Commissioners Zoning Map

  34. Board of County Commissioners Future Land Use Map

  35. Board of County Commissioners Royal Estates Land Use Plan

  36. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Royal Estates PD/LUP dated “Received June 2, 2010” subject to the three (3) conditions in the staff report.

  37. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Royal Estates PD Land Use Plan dated “Received June 2, 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 “June 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  38. 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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3. All applicable previous Conditions of Approval dated June 6, 2006, shall apply. a) Master drainage, water, wastewater and reclaimed water plans including preliminary calculations shall be required to be submitted for review and approval prior to submission of construction plans.

  39. Board of County Commissioners DRC Recommendations Cont’d. b) The developer shall obtain water, reclaimed water and wastewater service from Orange County subject to County rates, resolutions and ordinances. c) Conveyance of the County right of way shall occur with platting or prior to Certificate of Completion for the first subdivision, whichever shall occur first. d) At the time of approval of a plat for a single-family residential unit project, the developer shall have prepared and submitted for review a document containing covenants, conditions and restrictions (CC&Rs) for the property being platted. The CC&Rs, which shall be recorded simultaneous with the recording of the plat, shall include a provision incorporating, verbatim, the following requirements: a. the same front façade for single family residential units may not be repeated more than five (5) times within one (1) block length for both sides of any street, and shall be separated by at least two (2) units with different facades. b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front façade of the main body of the house shall not exceed forty (40) feet in length, except for wings or “L’s”, which are setback from the façade. In no case shall more than fifty (50) percent of the front façade of a house consist of an unobstructed black wall or garage door. C. At least fifty (50) percent of all single-family residential units shall be a front porch. A front porch shall

  40. Board of County Commissioners DRC Recommendations Cont’d. shall be a minimum of seven (7) feet in depth and cover a minimum ten (10) feet in width or one third (1/3) of the front façade, whichever is greater. d. Flat roofs shall be prohibited. E. Unless otherwise prohibited by the CC& R’s, fencing in the front yard shall be no higher than three (3) feet, six (6) inches and limited to decorative wrought iron or wood picket style. The provision of the CC & R’s incorporating the above referenced requirements shall not be amended, removed or superseded without the prior approval of the Board of County Commissioner’s, which approval may be withheld in the Board’s sole discretion, and the CC& R’s shall contain a statement to that effect. Further more, the CC&R’s shall provide that the homeowner’s association and any person owning property in the development have the right to enforce these requirements in the event they are violated. e) The Royal Estates Neighborhood Planned Development Lakeside Village SAP Reams Road Roadway Agreement shall be approved. f) Developer shall comply with all provisions of the Public Education Agreement entered into with the Orange County School Board as of July 27, 2004, (executed on February 9, 2005) and is on file with the Orange County Planning Division.

  41. Board of County Commissioners DRC Recommendations Cont’d. - Upon the County's receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the sixty-six (66) residential units allowed under the zoning existing prior to the approval of the PD zoning. The County shall again begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor or assign under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. - Developer, or its successor or assign under the Capacity Enhancement Agreement, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's property rights.

  42. Board of County Commissioners DRC Recommendations Cont’d. - Orange County shall be held harmless by the developer and its assigns under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. - At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement.

  43. Board of County Commissioners Project : Project ABC PD/LUP - Substantial Change Applicant:Jim Hall District #: 4 Request: To consider a substantial change to the approved Project ABC Planned Development/Land Use Plan (PD/LUP) to allow Day Spa and Wine/Spirit Sales uses on Parcels 8A and 8B.

  44. Board of County Commissioners Zoning Map

  45. Board of County Commissioners Future Land Use Map

  46. Board of County Commissioners Project ABC Land Use Plan

  47. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Project ABC PD/LUP dated “Received July 29, 2010” subject to the four (4) conditions in the staff report.

  48. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Project ABC PD Land Use Plan dated “Received July 29, 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 “July 29, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  49. 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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3. Traffic shall not exceed what is currently approved. 4. All previous applicable Conditions of Approval dated April 19, 2005, shall apply: a. Outdoor storage and display shall be prohibited on Lot 2B. b. Billboard and pole signs shall be prohibited.

  50. Board of County Commissioners DRC Recommendations Cont’d. • c. The developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. • d. Master water, wastewater, and reclaimed water plans, including preliminary calculations, shall be required to be submitted for review and approval prior to submission of construction plans. • e. The following performance standards shall apply for Lot 2B: • - The building shall be 40 feet from the right-of-way of John Young Parkway and Central Florida Parkway. The porte-cochere on the southeast corner of the building shall extend into the 40-foot setback. Except for under the porte-cochere, no vehicles shall be allowed in front of the building setback line (40 feet). The porte-cochere shall be limited to no more than 25 percent of each of the building facades. • - Cars shall be permitted under the porte-cochere only; no parking or display shall occur beyond clearly distinguished porte-cochere stage surface.

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