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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. October 28, 2008. Board of County Commissioners. District #: 2 Case #: RZ-08-04-026 Applicant: Chris Wilson for Evans Replacement High School PD Request: 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 October 28, 2008

  2. Board of County Commissioners District #:2 Case #:RZ-08-04-026 Applicant:Chris Wilson for Evans Replacement High School PD Request:R-1A (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use:Public High School – the construction of the Evans Replacement High School

  3. Board of County Commissioners RZ-08-04-026 Zoning Map

  4. Board of County Commissioners RZ-08-04-026 Future Land Use Map

  5. Board of County Commissioners RZ-08-04-026 Aerial Map

  6. Board of County Commissioners History • 2/19/08 - BCC denies original request (72-acre site) • 4/2/08 - OCPS Neighborhood Meeting on Revised Site Plan containing 24.95 acres • 4/23/08 - DRC review Revised Plan containing 24.95 acres. DRC continues the request for resolution of waiver requests and access to Apopka-Vineland Road. • 6/10/08 - BCC grants limited Agent Authorization for the 5 acres of surplus property fronting Apopka-Vineland Road. • 6/11/08 - DRC reviews Site Plan with the additional 5 acres; Continues for a Neighborhood Community Meeting. • 9/10/08 - DRC recommends Approval with conditions. Neighborhood Meeting held. • 9/18/08 - P&ZC recommends Denial of the request based on CPP Policy 3.2.25. • 10/28/08 - BCC Public Hearing

  7. Board of County Commissioners Evans 9th Grade Center Evans Replacement High School (72-Acre Site) Land Use Plan

  8. Board of County Commissioners Evans Replacement High School (24.95 Acres) Land Use Plan

  9. Board of County Commissioners Revised Evans Replacement High School (29.89 Acres) Land Use Plan

  10. Board of County Commissioners CPP & Policies • The CPP Future Land Use Map designates the subject property as Institutional (INST) & Low Density Residential (LDR). • FLUE Policy 1.1.14 – The Future Land Use Map establishes the proposed long-range general use of property. • FLUE Policy 3.1.19 – States that PDs are allowed, provided the land uses are consistent with the cumulative densities and intensities on the Future Land Use Map.

  11. Board of County Commissioners CPP & Policies Cont’d. • FLUE Policy 2.1.18 – The Future Land Use, density and intensity of development adjacent to a Rural Settlement shall not negatively impact the character of the Rural Settlement. • FLUE Policy 3.2.25 – Requires land use changes to be compatible with the existing development and the development trend in the area.

  12. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Policy Plan and Approve the PD zoning subject to the following conditions:

  13. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Evans Replacement High School Land Use Plan dated “Received June 9, 2008,” 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 June 9, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

  14. 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.

  15. Board of County Commissioners DRC Conditions of Approval Cont’d. • 3.The developer shall obtain wastewater service from Orange • County Utilities. • 4. Billboards and pole signs shall be prohibited. Ground and • fascia signs shall comply with Ch. 31.5. • 5. Outdoor storage and display shall be prohibited. • 6. This site is within the Wekiva Study Area. The property • subject to this PD Land Use Plan is either an existing • development site or land that has been previously • disturbed. The applicant shall comply with any applicable • Wekiva Study Area regulations as possible.

  16. Board of County Commissioners DRC Conditions of Approval Cont’d. • 7.A waiver from Section 38-1755(1)(d) is granted to reduce the school • site and to allow a 29.89-acre site for the High School in lieu of • meeting the 58.5-acre requirement. • a.The School Board is not utilizing surface water retention/detention • facilities on this site, which eliminates the need for an additional • 11.7 acres. • b. The competition athletic fields are to remain at the existing Evans • High School site, which eliminates the need for an additional 15 • acres. • c. The School Board is utilizing a three (3) story building plan in lieu • of a two (2) story building plan, which reduces the footprint of the • buildings by 1.3 acres.

  17. Board of County Commissioners DRC Conditions of Approval Cont’d. • d. The School Board has made a policy decision to reduce the parking space requirements on its prototype high schools. The parking space requirements on this site are further reduced because there are no competition athletic fields at the campus, and parking for outdoor athletic events will occur at the current campus. As a result of the reduction in parking for the reasons stated above, the need for an additional 1.5acres is eliminated. • e. The modification of the above elements for a prototype high school eliminates the need for 29.5 acres of a 58.5-acre site.

  18. Board of County Commissioners DRC Conditions of Approval Cont’d. • Bus loop access shall be limited to Apopka-Vineland Road. • A natural gas transmission line runs along the eastern portion of the property. Consistent with Section 38-1754(a)(1), the gas transmission line shall be fenced and separated from the school building. • 10. If any infrastructure or activity beyond normal • maintenance is proposed within the Clarcona Rural Settlement, it shall constitute a substantial change to the PD Land Use Plan and shall require a public hearing before the Board of County Commissioners.

  19. Board of County Commissioners P&ZC Recommendation • Make a finding of inconsistency with the Comprehensive Policy Plan and Deny the PD zoning, based on its incompatibility with the Comprehensive Policy Plan 3.2.25. Policy: FLUE Policy 3.2.25 requires land use changes to be compatible with the existing development and the development trend in the area.

  20. Board of County Commissioners Action Requested • Approve the request per DRC with conditions. or • Uphold P&ZC recommendation of denial based on CPP Policy 3.2.25 which requires land use changes to be compatible with the existing development and the development trend in the area.

  21. Board of County Commissioners PUBLIC HEARING

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