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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. April 28, 2009. Board of County Commissioners. District #: 6 Case #: RZ-09-01-001 Applicant: William C. Ligato Request: C-2 (General Commercial District) and R-1A (Single-Family Dwelling District) to

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING April 28, 2009

  2. Board of County Commissioners District #:6 Case #:RZ-09-01-001 Applicant:William C. Ligato Request:C-2 (General Commercial District) and R-1A (Single-Family Dwelling District) to NAC (Neighborhood Activity Corridor) Proposed Use:Those uses permitted in the NAC zoning district and more specifically, the attainment of consistency with the Future Land Use Map.

  3. Board of County Commissioners RZ-09-01-001 Zoning Map

  4. Board of County Commissioners RZ-09-01-001 Future Land Use Map

  5. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the NAC (Neighborhood Activity Corridor) rezoning.

  6. Board of County Commissioners PUBLIC HEARING

  7. Board of County Commissioners PUBLIC HEARING April 28, 2009

  8. Board of County Commissioners Project : U.S.I. South Campus PD/LUP Substantial Change Applicant:John H. Percy District #: 6 Request: To consider a substantial change to the approved U.S.I. South Campus Planned Development/Land Use Plan (PD/LUP) to modify the existing master sign plan in order to grant a waiver from Section 31.5- 163(a)(2) to allow the size of 3 building/fascia signs to be up to 632 square feet each (for a total of 1,896 square feet) in lieu of 260 square feet.

  9. Board of County Commissioners Zoning Map

  10. Board of County Commissioners Future Land Use Map

  11. Board of County Commissioners U.S.I. South Campus Land Use Plan

  12. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved U.S.I. South Campus PD/LUP dated “Received July 13, 2005,” subject to the four (4) conditions in the staff report.

  13. Board of County Commissioners DRC Recommendations 1. Development shall conform to the USI South Campus PD Land Use Plan dated “Received July 13, 2005,” 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 January 13, 2005,” the condition of approval shall control to the extent of such conflict or inconsistency.

  14. 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 his or her 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 his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. The Master Signage Plan dated “Received January 12, 2009,” is approved which grants a waiver from Section 31.5-163(a)(2) to allow the size of 3 building / fascia signs to be up to 632 square feet each (for a total of 1,896 square feet) in lieu of 260 square feet.

  15. Board of County Commissioners DRC Recommendations Cont’d. 4. All previous applicable Conditions of Approval dated January 10, 2006, February 3, 2004, and December 14, 1999, shall apply, except as modified: a. Residential uses shall be limited to those residential uses in the Land Use Agreement as defined in the 1990 Code. BCC APPROVAL DATED JANUARY 10, 2006 b. Development shall comply with the property owner's Voluntary Donation in Aid of Education Agreement approved by the Orange County School Board (OCSB) on January 9, 2006. In the event the County receives written notification from the OCSB of developer's breach of the agreement, the County shall cease issuing development approvals until such time as the OCSB provides written notice to the County that the breach has been cured. BCC APPROVAL DATED JANUARY 10, 2006

  16. Board of County Commissioners DRC Recommendations Cont’d. c. The use, on the UCF Rosen School of Hospitality campus only, shall be restricted to student housing and any change in such use shall constitute a substantial change to the PD. This project shall also comply with the Student Housing Ordinance. BCC APPROVAL DATED FEBRUARY 3, 2004 d. A waiver of Section 38-1259(h) is granted to allow a maximum building height increase from 3 stories / 40 feet to 4 stories / 55 feet, for the UCF Rosen School of Hospitality campus only. BCC APPROVAL DATED FEBRUARY 3, 2004 e. Billboards and pole signs shall be prohibited. All existing billboards shall be removed within five years of this approval. BCC APPROVAL DATED DECEMBER 14, 1999 f. Any communication tower requests shall be processed through the Board of Zoning Adjustment, following Section 38-1427, Orange County Code. BCC APPROVAL DATED DECEMBER 14, 1999

  17. Board of County Commissioners DRC Recommendations Cont’d. g. Prior to construction plan approval, master stormwater management, wastewater, and reclaimed water plans for this project shall be reviewed and approved by Orange County. BCC APPROVAL DATED DECEMBER 14, 1999 h. Swapping of property between the Orange County Convention Center Expansion Phase V PD/LUP and USI South Campus PD/LUP with overall uses/interests not being affected may occur as a non-substantial change, as reviewed and approved by Development Review Committee. BCC APPROVAL DATED DECEMBER 14, 1999 i. The Universal Studios South Campus LUP may be developed to a total daily trip generation equivalent to Universal’s share of the design capacity of the proposed Universal Boulevard extension. BCC APPROVAL DATED DECEMBER 14, 1999

  18. Board of County Commissioners DRC Recommendations Cont’d. j. An additional 20,000 total daily trips may be generated by the Universal Studios Development upon completion of a four-lane connection between the proposed Universal Boulevard and John Young Parkway to six lanes from the Osceola County line to Interstate 4. BCC APPROVAL DATED DECEMBER 14, 1999 k. An additional 43,523 total daily trips may be generated upon the completion of the extension of Kirkman Road from Sand Lake Road to the Beeline Expressway and the interchange with the Beeline at the Kirkman Road Extension. BCC APPROVAL DATED DECEMBER 14, 1999 l. These two improvements (i.e., east-west spur road and the Kirkman extension) may be interchanged in their construction sequences if and to the extent that the same travel demand is met. BCC APPROVAL DATED DECEMBER 14, 1999

  19. Board of County Commissioners DRC Recommendations Cont’d. m. Any future use of fireworks requires a public hearing and is subject to the Board of County Commissioners’ (BCC) approval. BCC APPROVAL DATED DECEMBER 14, 1999 n. BCC APPROVAL DATED DECEMBER 14, 1999 – THIS CONDITION HAS ALREADY BEEN SATISFIED o. No construction plan approval for vertical construction shall be permitted until a mitigation plan is approved for that parcel. BCC APPROVAL DATED DECEMBER 14, 1999 BCC APPROVAL DATED DECEMBER 14, 1999 – THIS CONDITION HAS ALREADY BEEN SATISFIED The Environmental Protection Division (EPD) shall monitor this area during both construction and operation to ensure compliance with Orange County Code with regard to noise elevations in the area. In the event that noise readings exceed that which is allowed under current code requirements (i.e., the Noise Ordinance), EPD or the Public Works director may order construction activity halted from 7 p.m. until 7 a.m. BCC APPROVAL DATED DECEMBER 14, 1999

  20. Board of County Commissioners DRC Recommendations Cont’d. r. No searchlights or uplighting shall be allowed within 2,600 feet of all residential areas. Additional lighting shall be submitted with the proposed attraction area prior to approval. BCC APPROVAL DATED DECEMBER 14, 1999 s. All parking light poles shall be restricted to a maximum height of 30 feet. BCC APPROVAL DATED DECEMBER 14, 1999 Lighting, with the exception of landscape lighting, shall be directed in a downward direction and away from the Williamsburg neighborhood. BCC APPROVAL DATED DECEMBER 14, 1999 u. A waiver shall be granted from the Tourist Commercial Performance Standards to the extent indicated on the USI South Campus LUP. BCC APPROVAL DATED DECEMBER 14, 1999

  21. Board of County Commissioners DRC Recommendations Cont’d. v. Applicant agrees that the foregoing restrictions shall be enforceable against the property by Orange County for a period of 20 years from the date hereof regardless of whether the property remains in unincorporated Orange County. BCC APPROVAL DATED DECEMBER 14, 1999

  22. Board of County Commissioners PUBLIC HEARING

  23. Board of County Commissioners PUBLIC HEARING April 28, 2009

  24. Board of County Commissioners Project : Fieldstream PD/LUP Substantial Change Applicant:Judy Stewart of Dave Schmitt Engineering, Inc. District #: 3 Request: To consider a substantial change to the approved Fieldstream Planned Development/Land Use Plan (PD/LUP) to change the use from Open Space/ Recreation in order to construct up to 290,000 square feet of mixed uses, on a total of 58.19 acres, to be developed as follows: 72,500 square feet of Commercial/Retail 77,500 square feet of Office over Commercial/Retail 28,000 square feet of Office 112,000 square feet of Warehouse/Light Industrial

  25. Board of County Commissioners Zoning Map

  26. Board of County Commissioners Future Land Use Map

  27. Board of County Commissioners Fieldstream Land Use Plan

  28. Board of County Commissioners Fieldstream Land Use Plan(2)

  29. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Fieldstream PD/LUP dated “Received January 7, 2009,” subject to the fifteen (15) conditions in the staff report.

  30. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Fieldstream PD Land Use Plan dated “Received January 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 January 7, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  31. 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 his or her 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 his or her 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. The MUP shall include the location and distribution of any contaminants on site.

  32. Board of County Commissioners DRC Recommendations Cont’d. 5.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. 6. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 7. Outdoor sales, storage, and display shall be prohibited. 8. The total amount of parking stalls provided shall not exceed 110% of the minimum required per Orange County Code. 9. This site shall comply with the "Agreement Concerning Development of Cloyd Landfill" as approved by the Orange County Board of County Commissioners on June 10, 2008. 10. All development on this site should comply with the guidelines established in, "Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida" published by the Florida Department of Environmental Protection, May 3, 2001.

  33. Board of County Commissioners DRC Recommendations Cont’d. 11.An FDEP No Further Action letter or documentation of specific permission from FDEP shall be submitted prior to earthwork or construction plan approvals on individual sites, if any soil or groundwater contamination is found in excess of state clean-up targets due to existing or prior potential contamination generating sources or activities. 12. All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination and a Conservation Area Impact Permit. Approval of this plan does not permit any proposed conservation impacts. 13. The following shall be prohibited: a. Adult/child care centers. b. Churches, mosques, temples, and other religious use organizations with attendant educational buildings and recreational activities. c. Adult Entertainment uses. 14. The 1.36-acre Open Space/Greenbelt tract shall not be developed.

  34. Board of County Commissioners DRC Recommendations Cont’d. 15.All previous applicable Conditions of Approval dated July 19, 1994, shall apply: a. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #1 b. A master drainage plan for the entire site is required prior to submittal of the first development plan for review. c. Prior to construction plan approval, 100-year flood elevation study for the project shall be submitted for approval by the County Engineer. d. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #7 e. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #12 f. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITIONS OF APPROVAL #3 AND #4

  35. Board of County Commissioners DRC Recommendations Cont’d. g. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #3 • h. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #10 • Prior to submittal of the development plan, the developer shall include a notice in the public record for property within 700 feet to acknowledge: • 1. The location of the landfill next to the property. • 2. That monitoring conditions are imposed thereon. • 3. No shallow wells will be allowed within 700 feet of the landfill sites. No other wells will be allowed on any portion of the site unless approved by Orange County. • j. The industrial parcel shall comply with the I-1A Restricted Industrial Zoning District regarding yard requirements, parking, and other requirements (Section 38-905 through 38-908).

  36. Board of County Commissioners DRC Recommendations Cont’d. k. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #13 l. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #13

  37. Board of County Commissioners Project : Ginn Property (aka Greeneway Park) PD/DRI/LUP Substantial Change Applicant:John Percy District #: 4 Request: To consider a substantial change to the approved Ginn Property (aka Greeneway Park) Planned Development/Land Use Plan (PD/LUP) to convert unused single-family units to allow for multi-family and commercial uses utilizing the approved conversion matrix. The development program for the PD/DRI would be as follows: 893 Single-Family units, 876 Multi-Family units, 179,999 square feet of Commercial uses, 960,000 square feet of Industrial uses, 1,140,000 square feet of Office uses, and 600 Hotel rooms.

  38. Board of County Commissioners Zoning Map

  39. Board of County Commissioners Future Land Use Map

  40. Board of County Commissioners Ginn Property (aka Greeneway Park) Land Use Plan

  41. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Ginn Property (aka Greeneway Park) PD/DRI Land Use Plan dated “Received January 23, 2009,” subject to the eleven (11) conditions in the staff report.

  42. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Ginn Property (aka Greeneway Park) PD/DRI Land Use Plan dated “Received January 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 January 23, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  43. 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 his or her 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 his or her 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 wastewater, reclaim water and water service from Orange County subject to County rate resolutions and ordinances and per the Orange County/OUC Territorial Agreements of 4/19/94.

  44. Board of County Commissioners DRC Recommendations Cont’d. 4.Master stormwater, water, reclaim water and wastewater plans including preliminary calculations shall be submitted and approved prior to approval of construction plans. 5. Pole signs are prohibited. Any existing billboards shall be removed prior to PSP or DP approvals. Ground signs and facia signs shall be permitted per CH. 31.5. 6. All commercial uses within the PD shall comply with the Commercial Design Standards Ordinance. Industrial and Office uses shall comply with the lighting standards established in the Commercial Design Standards Ordinance. 7. Developer shall comply with Airport Noise Ordinance 2000-07. 8.Developer shall comply with the Orange County Public School Capacity Enhancement Agreement dated February 28, 2002.

  45. Board of County Commissioners DRC Recommendations Cont’d. 9. Prior to a public hearing before the BCC, an agreement shall be executed addressing road impacts. THIS CONDITION HAS BEEN SATISFIED WITH AN AGREEMENT APPROVED BY THE BCC ON JULY 9, 2002. 10. Prior to platting any residential property adjacent to Park P-1, this tract shall be dedicated at no cost to Orange County. 11. 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.

  46. Board of County Commissioners PUBLIC HEARING

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