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Board of County Commissioners. PUBLIC HEARING. January 25, 2011. Board of County Commissioners. Project : Fishback PD/LUP - Substantial Change Applicant: Lance Bennett District #: 1

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Board of county commissioners

Board of County Commissioners

PUBLIC HEARING

January 25, 2011


Board of county commissioners

Board of County Commissioners

Project :Fishback PD/LUP -

Substantial Change

Applicant:Lance Bennett

District #:1

Request:To consider a substantial change to the approvedFishback Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow for 92 units in the Village Home District and 296 units in the Townhome/Apartment District. The current PD/LUP is approved for 146 units in the Village Home District and 248 units in the Townhome/Apartment District.


Board of county commissioners

Board of County Commissioners

Zoning Map


Board of county commissioners

Board of County Commissioners

Future

Land

Use

Map


Board of county commissioners

Board of County Commissioners

Fishback

Land

Use

Plan


Board of county commissioners

Board of County Commissioners

Action Requested

  • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Fishback PD/LUP dated “Received August 2, 2010” subject to the eight (8) conditions in the staff report.


Board of county commissioners

Board of County Commissioners

DRC Recommendations

1. Development shall conform to the Fishback PD Land Use Plan dated “Received August 21, 2006 August 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 “August 21, 2006 August 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.


Board of county commissioners

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.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

4. Prior to construction plan approval, a revised Master Utility Plan (MUP) supporting the new utilities configuration shall be approved.

5. The Developer shall obtain water and wastewater service from Orange County Utilities.

6.The previously-approved Special Exception of November 2, 2006, has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District.

Parcel Tract P3 shall be completed prior to issuance of a Certificate of Completion for the townhomes.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

8.All applicable previous Conditions of Approval dated December 5, 2006, shall apply:

a.In order to achieve minimum densities and minimize the amount of multi-family, a waiver from Section 38-1386(b)(4) is granted to allow a minimum lot width of 35 feet in lieu of 40 feet within the Village Home District, for thethose 35-foot-wide lots shown on the subdivision plan dated "Received July 6, 2006."

THIS CONDITION HAS BEEN MODIFIED AS A RESULT OF THE PREVIOUS PSP BEING AMENDED.

b.A waiver from Section 38-1258(a) is granted to allow 2 story multi-family units within less than 100 feet from single-family residences.

c.A waiver from Section 38-1258(f) is granted, which requires a 6-foot-high masonry, brick, or block wall when multi-family residential is located adjacent to single-family residential.

d.A waiver from Section 38-1258(g) is granted to allow multi-family to directly access any right-of-way serving single-family residences.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

  • e. A waiver from Section 38-1258(h) is granted to allow Park Tract P-1 to be accessible to both single-family units and multi-family units.

  • f.A waiver from Section 38-1258(i) is granted, which requires the multi-family development located adjacent to a right-of-way to be fenced and landscaped whenever single-family zoned property is located across the right-of-way.

  • g.The covenants, conditions, and restrictions for the Fishback PD shall ensure that the costs to operate and maintain the park tracts shall be borne equally by all the units in Phases 1 and 2.

  • h.Prior to issuance of the Certificate of Completion, a 6-foot-tall wrought iron fence shall be erected on the north and west property line of Tract P-3. The homeowners' association shall be responsible for maintenance.

  • i.All previous conditions of approval shall apply.


Board of county commissioners

Board of County Commissioners

Project :Fishback Property PD/The Vineyards Phases 1A, 1B & 2A (FKA Fishback) PSP

District #:1


Board of county commissioners

Board of County Commissioners

Proposed Use: Single-family detached: 92 units

Single-family attached : 64 units

Single-family detached:

- Min. living area: 1000 sq. ft.

- Min. lot width: 35’

- Max. building height: 40’ (3-stories)

Single-family attached:

- Min. living area: 500 sq. ft.

- Min. lot width: 16’

- Max. building height: 40’ (3-stories)


Board of county commissioners

Board of County Commissioners

Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) PSP

Location Map


Board of county commissioners

Board of County Commissioners

Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback)

Preliminary

Subdivision

Plan


Board of county commissioners

Board of County Commissioners

Action Requested

  • Approve the Fishback Property Planned Development - The Vineyards Phases 1A, 1B & 2A (FKA Fishback) Preliminary Subdivision Plan dated “Received July 13, 2010,” subject to the twenty (20) conditions in the staff report.


Board of county commissioners

Board of County Commissioners

DRC Recommendations

Development shall conform to the Fishback Property Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Vineyards Phases 1A, 1B & 2A (fka Fishback) Preliminary Subdivision Plan dated "Received July 13, 2010" 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 July 13, 2010" the condition of approval shall control to the extent of such conflict or inconsistency.


Board of county commissioners

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.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

3.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.

4. 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. (DE)

5. Roads and drainage system, including the retention pond, will be owned and maintained by Orange County with an MSBU established for stormwater system functionality. Routine maintenance, including mowing above and beyond the frequency provided by the County, shall be the responsibility of the Home Owners' Association. (DE)


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

6. A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a Letter of Commitment prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer. (DE)


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

  • Park Tract P-1 and P-2 shall be completed with the first phase of this PSP.

  • Prior to construction plan approval, if a Phase II Environmental Site Assessment acceptable to EPD and the Florida Department of Environmental Protection (FDEP) finds any contaminants exceeding applicable state standards, the applicant shall submit a copy of a FDEP site clean-up plan approval and a copy of a FDEP statement that the clean-up has been completed.

  • Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection. (EPD)

  • Unless a Conservation Area Impact (CAI) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted. (EPD)


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

  • 11. Prior to construction plan submittal, a revised Master Utility Plan supporting the new utilities configuration shall be approved.

  • Approval of this PSP shall void previously approved PSP's.

  • Prior to platting, CC&R's shall contain language that states that Orange County shall have the right, but not the duty, to enforce Architectural Requirements and it is the responsibility of the Architectural Review Board to sign-off on all permits.

  • 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 simultaneously with the recording of the plat, and shall include a provision incorporating, verbatim, the following requirements:


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

a. The same front facade for single-family residential units may not be repeated more than 5 times within 1 block length for both sides of any street, and shall be separated by at least 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 facade of the main body of the house shall not exceed 40 feet in length, except for wings or "L"s which are setback from the facade. In no case shall more than 50 percent of the front facade of a house consist of an unobstructed block wall or garage door.

c. At least 50 percent of all single-family residential units shall have a front porch. A front porch shall be a minimum of 7 feet in depth and cover a minimum of 1/3 of the front facade.

d. Flat roofs shall be prohibited.

e. Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be located within 3 feet of the sidewalk to define the separation of public and private spaces. Such fences shall be no higher than 3 feet, 6 inches and limited to decorative wrought iron or wood picket style.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

The provisions of the CC&Rs incorporating the above-referenced

requirements shall not be amended, removed, or superseded without the

prior approval of the BCC, which approval may be withheld in the BCC’s

sole discretion, and the CC&Rs shall contain a statement to that effect.

Furthermore, the CC&Rs shall provide that the homeowners' association

and any person owning property in the development have the right to

enforce these requirements in the event they are violated.

Finally, the CC&Rs shall also state that Orange County shall have the right,

but not the duty, to enforce these requirements in the same manner as it

enforces Orange County ordinances and regulations.

14. The CC&R's shall require that all residential units have two (2) car garages.

The provisions of the CC&Rs incorporating the above-referenced

requirements shall not be amended, removed, or superseded without the

prior approval of the BCC, which approval may be withheld in the BCC’s

sole discretion, and the CC&Rs shall contain a statement to that effect.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

  • 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.

  • Prior to platting compliance with Road Agreement is required.

  • Park Tract P3 shall be completed prior to issuance of Certificate of Completion for the townhome development.

  • Prior to development plan approval of any "Future development" (multi-family) parcel, an MSBU shall be established for the maintenance of Ponds SW-1 and SW-2 at an amount determined by the County Engineer.

  • A waiver from Section 38-1253(c) is granted to allow on-street parking in lieu of off-street parking for the Park Tract P-1 and P-3in order to increase the utilization of the park.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

20. The previously approved Special Exception of 11/02/2006 has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District.


Board of county commissioners

Board of County Commissioners

PUBLIC HEARING


Board of county commissioners

Board of County Commissioners

PUBLIC HEARING

January 25, 2011


Board of county commissioners

Board of County Commissioners

Project :Gatehouse Club Condominiums PD -

Substantial Change

Applicant:David Evans

District #:3

Request:To consider a substantial change to the approvedGatehouse Club Condominiums Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow 96 single-family units in lieu of 227 multi-family units. The current PD/LUP is approved for 245 multi-family units. No additional entitlements are being sought as part of this request.


Board of county commissioners

Board of County Commissioners

Zoning Map


Board of county commissioners

Board of County Commissioners

Future

Land

Use

Map


Board of county commissioners

Board of County Commissioners

Gatehouse Club Condominiums

Land

Use

Plan


Board of county commissioners

Board of County Commissioners

Action Requested

  • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved the Gatehouse Club Condominiums PD/LUP dated “Received November 12, 2010,” subject to the five (5) conditions in the staff report.


Board of county commissioners

Board of County Commissioners

DRC Recommendations

Development shall conform to the Gatehouse Club Condominiums Land Use Plan (LUP), dated "Received November 12, 2010," and to the following conditions of approval. Development based upon 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 by the Board of County Commissioners (BCC), or by action of the BCC.

The uses, densities, and intensities, and all of the conditions of approval of the PD/LUP have been negotiated and agreed to by both the applicant and the County. The PD/LUP constitutes an agreement between the parties. The applicant and the applicant's successors in interest have the contract right to develop the PD with the uses, densities, and intensities approved by the County, subject to the restrictions and requirements in the conditions of approval, and neither the applicant nor the County shall have the right to rezone or down zone the property, or otherwise alter the uses, densities, and intensities, or to delete, waive, or amend any condition of approval.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

3. The developer shall obtain water, wastewater, and reclaimed water services from Orange County subject to County rate resolutions and ordinances.

4.Master storm water, water, reclaimed water, wastewater, and storm water plans, including preliminary calculations, shall be approved prior to approval of the construction plans.

5.Greater Orlando Airport Authority identified the project as located in Aircraft Noise Zone "E." The property shall be required to comply with all regulations per the Airport Noise Ordinance.


Board of county commissioners

Board of County Commissioners

Project :The Gatehouse Club Condominiums PD - Gatehouse Club PSP

District #:3

Proposed Use:96 Detached Single-family dwelling units:

- Min. living area: 1250 sq. ft.

- Min. lot area: 4950 sq. ft.


Board of county commissioners

Board of County Commissioners

The Gatehouse Club Condominiums PD/Gatehouse Club PSP

Location Map


Board of county commissioners

Board of County Commissioners

The Gatehouse Club Condominiums PD/Gatehouse Club

Preliminary

Subdivision

Plan


Board of county commissioners

Board of County Commissioners

Action Requested

  • Approve the Gatehouse Club Condominiums Planned Development - Gatehouse Club Preliminary Subdivision Plan dated “Received November 12, 2010,” subject to the thirteen (13) conditions in the staff report.


Board of county commissioners

Board of County Commissioners

DRC Recommendations

Development shall conform to The Gatehouse Club Condominiums Planned Development; Orange County Board of County Commissioners (BCC) approvals; Gatehouse Club Preliminary Subdivision Plan dated "Received November 12, 2010" 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 November 12, 2010" the condition of approval shall control to the extent of such conflict or inconsistency.


Board of county commissioners

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.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

3. 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.

4. Roads and drainage system, including the retention pond, will be owned and maintained by Orange County with an MSBU established for stormwater system functionality. Routine maintenance, including mowing above and beyond the frequency provided by the County, shall be the responsibility of the Home Owners' Association.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

5. A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a Letter of Commitment prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

6. The condo plat and documents recorded with the State of Florida shall be legally voided by prior to recording of the subdivision plat.

7. Prior to earthwork or construction, the developer shall provide a copy of the completed National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) form for stormwater discharge from construction activities to the Orange County Environmental Protection Division, NPDES Administrator. The original NOI form shall be sent to the Florida Department of Environmental Protection.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

8. This property is located within the Airport Noise Zone 'E'. Zone requires a Waiver of Claim. This Waiver of Claim shall be executed between the applicant and the Greater Orlando Aviation Authority and delivered to the Planning and/or Zoning Divisions, as appropriate, before a building permit may be issued for a building or structure. Additionally, Residential plats shall note the potential for objectionable aircraft noise on the plat in twelve (12) point font or larger the following: "The properties delineated on this plat are subject to aircraft noise that maybe objectionable." Also, The Covenant and Restriction documents must state the following in bold-face type: "NOTICE OF AIRPORT NOISE-This property is located within an airport noise zone. Residents will be subject to aircraft noise that may be objectionable."

9. Approval of this PSP shall void the previously approved condominium DP.

10. This project is located in the AMA and will be required to meet mobility

standards prior to construction plan approval.

11. Access to Goldenrod Road shall be approved by FDOT.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

12. The site shall be stabilized following grubbing, clearing, earth work or mass grading to establish a dense stand of grass, or shall incorporate other approved Best Management Practices, on all disturbed areas, if development does not begin within 7 days. Final stabilization shall achieve a minimum of 70% coverage of the disturbed land area and shall include a maintenance program to ensure minimum coverage survival and overall site stabilization until site development. A letter of credit or cash escrow shall be submitted to the County to guarantee the required site stabilization and maintenance of all disturbed areas. The County Engineer shall establish the amount of the letter of credit.

At the time of platting, documentation shall be provided from OCPS that

this project meets school concurrency requirements.


Board of county commissioners

Board of County Commissioners

Project :Meadow Woods PD/LUP -

Substantial Change

Applicant:Jim Hall

District #:4

Request:To consider a substantial change to the approved Meadow Woods Planned Development/Land Use Plan (PD/LUP) to:


Board of county commissioners

Board of County Commissioners

Request:

Eliminate the future access road north of the Central Florida Greeneway from Rhode Island Woods Circle between Parcels 20 & 21 and the adjoining property to the east;

Request High Density Residential (HDR), along with the existing Neighborhood Commercial (NC) on Parcel 12, to accommodate a proposed 156-unit multi-family development. This shall be achieved through the conversion of 26 single-family units to multi-family units using the equivalency matrix, resulting in 53 new

multi-family units. These units shall be added to the 103 existing multi-family units, for a total of 156;

Grant a waiver from Section 38-1258(e) for Parcel 12 in order to allow for understory trees with a maximum height of ten (10) feet in lieu of all shade trees as required per Type C buffers due to the existing power lines; and

Grant a waiver from Section 24-4(a)(3) c. and d. for Parcel 12 in order to allow for

understory trees with a maximum height of ten (10) feet in lieu of all required shade trees within interior landscaped areas due to the existing power lines.


Board of county commissioners

Board of County Commissioners

Zoning Map


Board of county commissioners

Board of County Commissioners

Future

Land

Use

Map


Board of county commissioners

Board of County Commissioners

Meadow Woods

Land

Use

Plan


Board of county commissioners

Board of County Commissioners

Action Requested

  • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Meadow Woods PD/LUP dated “Received October 5, 2010,” subject to the four (6) conditions in the staff report.


Board of county commissioners

Board of County Commissioners

DRC Recommendations

Development shall conform to the LUP, dated "Received October 5, 2010," and to the following conditions of approval Development based upon 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 any applicable county laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (BCC), or by action of the BCC.


Board of county commissioners

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. The access configuration point to Parcel 12 shall be determined at the DP submittal.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

4. All previous applicable Conditions of Approval, including those dated September 9, 2003, and December 11, 2001, shall apply:

a) Reduce the number of units from 14.9 units per acre to 6 units per acre for a total of 296 units.

THIS CONDITION PERTAINS TO PARCELS 28, 29, AND 30.2.

b) Restrict the type of structure to townhomes with fee simple ownership.

THIS CONDITION PERTAINS TO PARCELS 28, 29, AND 30.2.

c) Tower shall meet all the requirements of the communication tower ordinance. Any variance shall require approval by the Board of Zoning Adjustment.


Board of county commissioners

Board of County Commissioners

DRC Recommendations Cont’d.

5. Grant a waiver from Section 38-1258(e) for Parcel 12 in order to allow for understory trees with a maximum height of ten (10) feet in lieu of all shade trees as required per Type C buffers due to the existing power lines; and

6.Grant a waiver from Section 24-4(a)(3) c. and d. for Parcel 12 in order to allow for understory trees with a maximum height of ten (10) feet in lieu of all required shade trees within interior landscaped areas due to the existing power lines.


Board of county commissioners

Board of County Commissioners

PUBLIC HEARING


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