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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. October 3, 2009. Board of County Commissioners. District #: 3 Case #: RZ-08-05-030 Applicant: Jim Hall for Rio Pinar Country Club PD Request: R-1AA (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 October 3, 2009

  2. Board of County Commissioners District #:3 Case #:RZ-08-05-030 Applicant:Jim Hall for Rio Pinar Country Club PD Request:R-1AA (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use:Residential - up to fifty (50) townhome units Golf Club- nine (9) hole golf course, 30,000 sq. ft. clubhouse, pro shop, cart barn, and associated recreational amenities, including a swimming pool and tennis club

  3. Board of County Commissioners RZ-08-05-030 Zoning Map

  4. Board of County Commissioners RZ-08-05-030 Future Land Use Map

  5. Board of County Commissioners Rio Pinar Country Club 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 Rio Pinar Country Club PD Land Use Plan dated “Received July 7, 2009,” 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 July 7, 2009," 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. The Developer shall obtain water and wastewater service from Orange County Utilities. 4. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the first PSP/DP. The MUP must be approved prior to Construction Plan approval.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. • 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. • 6. While the clubhouse building will not exceed 35 feet / 2 stories, a waiver from Section 38-1272(5) is granted to allow the height of the clubhouse architecture to be 75 feet. • 7. A waiver from Section 38-1272(3) is granted to allow a 10-foot building setback between the clubhouse and the proposed townhomes in lieu of 25 feet. • 8. The following Education Condition of Approval shall apply: • a. The Developer shall comply with all provisions of Capacity Enhancement Agreement (CEA) 08-004, entered into with the Orange • County School Board (and Orange County) as of September 10, 2008.

  10. Board of County Commissioners DRC Conditions of Approval Cont’d. • b. 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 zero (0) • 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(s) and/or • assign(s) 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. • c. The Developer, or its successor(s) and/or assign(s) 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 the developer’s rights.

  11. Board of County Commissioners DRC Conditions of Approval Cont’d. • d. Orange County shall be held harmless by the developer and its • successor(s) and/or assign(s) 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. • e. 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. • 9. In the event the applicant proposes to convert Townhomes to • Condominiums, it shall be deemed a Substantial Change and a • Neighborhood Meeting, as well as a BCC Public Hearing, shall be required.

  12. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to nine (9) conditions.

  13. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Rio Pinar Country Club PD Land Use Plan dated “Received July 7, 2009,” subject to the nine (9) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  14. Board of County Commissioners District #:5 Case #:RZ-08-09-066 Applicant:William Burkett for Collegiate Village PD Request:R-3 (Multi-Family Dwelling District)and PD (Planned Development District) to PD (Planned Development District)

  15. Board of County Commissioners Proposed Use:Residential: Student and/or Senior Housing Student Housing: up to 350 units (1,400 beds) Senior Housing: up to 688 units Hotel: up to 123 rooms Commercial: up to 99,900 sq. ft. (C-1 uses) Office: up to 200,000 sq. ft.

  16. Board of County Commissioners RZ-08-09-066 Zoning Map

  17. Board of County Commissioners RZ-08-09-066 Future Land Use Map

  18. Board of County Commissioners Collegiate Village Land Use Plan

  19. 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:

  20. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Collegiate Village PD Land Use Plan dated “Received August 11, 2009,” 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 August 11, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  21. 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. 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 permit any proposed conservation impacts.

  22. Board of County Commissioners DRC Conditions of Approval Cont’d. • 4. Billboards and new pole signs shall be prohibited. Ground and fascia signs shall comply with the Master Sign Plan. • 5. Outdoor storage and display shall be prohibited. • 6. Excess parking shall not exceed 110% above the minimum required per Code. • 7. The Developer shall obtain water and wastewater service from Orange County Utilities. • 8. The applicant must apply for and obtain a capacity encumbrance letter or vested rights certificate prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to platting. However, nothing in this condition and nothing in the decision to approve this land use 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.

  23. Board of County Commissioners DRC Conditions of Approval Cont’d. • The CC&Rs for senior housing shall include language that at least one owner/resident shall be at least 55 years of age or older, and in no case shall there be any residents 18 years or under. In the event this project becomes market rate housing, it shall be deemed a substantial change, and a Capacity Enhancement Agreement (CEA) and compliance with school concurrency may be required. • 10. All previous applicable Conditions of Approval shall apply. • 11. A waiver from Section 38-1272(5) is granted to allow a maximum building height of seventy-five (75) feet for the commercial and a maximum building height of one hundred fifty (150) feet for the office in lieu of fifty (50) feet. • 12. A waiver from Section 38-1254(1) is granted to allow a reduction of the PD boundary setback to ten (10) feet in lieu of twenty-five (25) feet.

  24. Board of County Commissioners DRC Conditions of Approval Cont’d. 13. A waiver from Section 38-1258(d) is granted to allow a building height of sixty-five (65) feet for senior housing in lieu of three (3) stories / forty (40) feet. 14. A waiver from Section 38-1476 is granted for senior housing to allow for a reduction of parking spaces to one (1) space per two (2) bedrooms in lieu of two (2) spaces per dwelling unit. 15. This project is approved for Student Housing or Senior Housing. In the event that this project is developed as Student Housing, the following waivers are approved: a) A waiver from Section 38-1259(h) is granted to allow a height of sixty- five (65) feet for student housing in lieu of three (3) stories / forty (40) feet. b) A waiver from Section 38-1259(c) is granted to allow fourteen hundred (1,400) beds in lieu of seven hundred fifty (750) total bedrooms.

  25. Board of County Commissioners DRC Conditions of Approval Cont’d. c) A waiver from Section 38-1476 is granted to allow a reduction of parking spaces to one (1) space per bed in lieu of one and a quarter (1.25) spaces per bed. d) A waiver from Section 38-1259(d) is granted to allow for decorative fencing and/or landscaping with a two (2) to three (3) foot optional knee wall along the right-of-way in lieu of the required six (6) foot high masonry wall, brick wall, or block wall, along a right-of-way. e) A waiver from Section 38-1259(b) is granted to allow for a twenty-five (25) foot single-family separation with buffer, fence, or landscaping in lieu of four hundred (400) feet.

  26. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to fifteen (15) conditions.

  27. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Collegiate Village PD Land Use Plan dated “Received August 11, 2009,” subject to the fifteen (15) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  28. Board of County Commissioners PUBLIC HEARING

  29. Board of County Commissioners PUBLIC HEARING October 3, 2009

  30. Board of County Commissioners Project : Lake Hart PD/LUP Substantial Change Applicant:Scott Gentry District #: 4 Request: To consider a substantial change to the approved Lake Hart Planned Development/Land Use Plan (PD/LUP) to 1) Convert the current land use of an existing 4.29-acre planned right-of-way tract to Commercial, and 2) Grant a waiver from Section 38-1272(a)(3)(c) to allow for a reduction of the setback along S.R. 417 (Central Florida Greeneway) from 60 feet to 10 feet due to the linear shape of the property. .

  31. Board of County Commissioners Zoning Map

  32. Board of County Commissioners Future Land Use Map

  33. Board of County Commissioners Lake Hart Land Use Plan

  34. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Lake Hart PD/LUP dated “Received September 23, 2009,” subject to the four (4) conditions in the staff report.

  35. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Lake Hart PD Land Use Plan dated “Received September 23, 2009,” 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 September 23, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

  36. 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 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.

  37. Board of County Commissioners DRC Recommendations Cont’d. 3. All previous applicable Conditions of Approval dated January 27, 2009, shall apply: • Tree removal/earthwork shall not occur on any particular site 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 and storage shall be prohibited (with the exception of the Industrial property). • Billboard and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. • The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities, with the exception of the northwest portion of this PD above the Central Florida Greeneway, which will obtain water service from the Orlando Utilities Commission (OUC).

  38. Board of County Commissioners DRC Recommendations Cont’d. 4. A waiver from Chapter 38-1272(a)(3)(c) is granted to reduce the required building setback along S.R. 417 (Central Florida Greeneway) from 60 feet to 10 feet, due to the linear shape of the property.

  39. Board of County Commissioners PUBLIC HEARING

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