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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. January 5, 2010. Board of County Commissioners. District #: 4 Case #: RZ-09-07-019 Applicant: Kendell Keith for Narcoossee Road Office 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 January 5, 2010

  2. Board of County Commissioners District #:4 Case #:RZ-09-07-019 Applicant:Kendell Keith for NarcoosseeRoad Office PD Request:A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use:Office - up to 21,040 square feet of P-O (Professional Office District) uses.

  3. Board of County Commissioners RZ-09-07-019 Zoning Map

  4. Board of County Commissioners RZ-09-07-019 Future Land Use Map

  5. Board of County Commissioners Narcoossee Road Office 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 Narcoossee Road Office PD Land Use Plan dated “Received September 4, 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 4, 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. • 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 wastewater and reclaimed water service from Orange County Utilities.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. • Prior to the issuance of any building permits, the CC&Rs shall require that any and all Municipal Solid Waste (MSW) generated on property within this PD be delivered to the Orange County Solid Waste Management System. This portion of the CC&Rs shall not be modified without County approval. • Parking shall be limited to 110 percent of the maximum permitted per Code. • Outdoor storage and display shall be prohibited. • Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. • 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.

  10. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to eight (8) conditions.

  11. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Narcoossee Road Office PD Land Use Plan dated “Received September 4, 2009,” subject to the eight (8) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  12. Board of County Commissioners District #:1 Case #:RZ-09-08-022 Applicant:Javier Omana for Cracker BoysPD Request:A-1 (Citrus Rural District) and P-D (Planned Development District) to PD (Planned Development District) Proposed Use:Commercial : up to 40,000 square feet of C-1 (Retail Commercial District) uses.

  13. Board of County Commissioners RZ-09-08-022 Zoning Map

  14. Board of County Commissioners RZ-09-08-022 Future Land Use Map

  15. Board of County Commissioners Cracker Boys Land Use Plan

  16. 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:

  17. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Cracker Boys PD Land Use Plan dated “Received October 8, 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 October 8, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

  18. Board of County Commissioners DRC Conditions of Approval Cont’d. • 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. • Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5 (T-C) standards. Existing pole signs may remain until the time of redevelopment. • Outdoor storage and display shall be prohibited.

  19. Board of County Commissioners DRC Conditions of Approval Cont’d. • A waiver from Section 38-1287(4) is granted to allow the existing paving setback along U.S. 192 at 5 feet in lieu of the required 25 feet. However, in the case of redevelopment of these sites, the 25-foot paving setback will be required. • The total number of parking stalls provided shall not exceed 110 percent of the minimum required per Orange County Code.

  20. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to six (6) conditions.

  21. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Cracker Boys PD Land Use Plan dated “Received October 8, 2009,” subject to the six (6) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  22. Board of County Commissioners PUBLIC HEARING

  23. Board of County Commissioners PUBLIC HEARING January 5, 2010

  24. Board of County Commissioners Project : Wyndham Estates Preliminary Subdivision Plan Substantial Change District #: 4 Request: To consider a substantial change to the Wyndham Estates Preliminary Subdivision Plan to increase the lot count from six to seven lots by reconfiguring lots 3, 4, 5 and 6 into 5 lots.

  25. Board of County Commissioners Wyndham Estates PSP Location Map

  26. Board of County Commissioners Wyndham Estates Preliminary Subdivision Plan

  27. Board of County Commissioners Wyndham Estates Preliminary Subdivision Plan (Existing)

  28. Board of County Commissioners Action Requested • Approve the Wyndham Estates Preliminary Subdivision Plan dated “Received October 26, 2009,” subject to six (6) conditions in the staff report.

  29. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Wyndham Estates Preliminary Subdivision Plan dated “Received October 26, 2009”, and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated “Received October 26, 2009”, 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 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. Due to the fact that Westmoreland Avenue at this location is a local roadway, a waiver from Section 34-152 (c ) is granted to allow access from existing external streets in lieu of access from an internal subdivision.

  31. Board of County Commissioners DRC Recommendations Cont’d. 4. Unless a Conservation Area Impact Permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area encroachments are permitted. 5. Prior to earthwork or construction, the developer shall contact the Florida Department of Environmental Protection (FDEP) Central District Office Solid Waste program, Ms. Laxsamee Levin 407-893-3328. Buried drums were previously located on this site. The drums were removed following approved procedures by the FDEP. Soil and round water testing and sampling were performed and based upon those results a FDEP letter of August 22, 2002 did not require any further testing or remedial action The property owner(s) continues to be responsible for compliance with all applicable state and FDEP rules. Any visible solid waste and debris on the site should be removed and taken to a permitted landfill. The covenants, conditions, and restrictions (CC&Rs) shall include notification to the homebuyer that buried drums were previously located on this site and that the state FDEP approved remediation was conducted, however, when clearing this site or during any soil disturbance by the homeowners, if any buried waste is encountered, then procedures will be followed as detailed in, “Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida” published by the Florida Department of Environmental Protection (FDEP).

  32. Board of County Commissioners DRC Recommendations Cont’d. 6. All previous applicable Conditions of Approval dated June 4, 1985, shall apply: a. Development in accordance with Preliminary Short Form Subdivision Plan dated “Received March 29, 1985”. Preliminary Short Form Subdivision approval automatically expires on June 4, 1986, in accordance with Section 6.4.7 of Orange County Subdivision Regulations adopted on April 1, 1985. CONDITION MODIFIED AT THE SEPTEMBER 9, 2009, DRC MEETING b. Construction plans shall be approved for paving Westmoreland Avenue prior to final plat approval. WESTMORELAND AVENUE HAS BEEN CONSTRUCTED. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED c. Prior to final plat approval, the improvements shall be bonded or guaranteed through other surety to insure completion of improvements within one year. WESTMORELAND AVENUE HAS BEEN CONSTRUCTED. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED d. Development in accordance with the Lakeshore Protection Ordinance.

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