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Board of County Commissioners

Board of County Commissioners

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Board of County Commissioners

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

  2. Board of County Commissioners District #:2 Case #:RZ-08-10-072 Applicant:Bryan Potts for MaitlandBoulevard Plaza PD Request:A-1 (Citrus Rural District) to PD (Planned Development District) Proposed Use:Commercial……up to 8,550 sq. ft.

  3. Board of County Commissioners RZ-08-10-072 Zoning Map

  4. Board of County Commissioners RZ-08-10-072 Future Land Use Map

  5. Board of County Commissioners Maitland Boulevard Plaza Land Use Plan

  6. 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:

  7. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Maitland Boulevard Plaza 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.

  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. Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with a tree removal/mitigation plan, have been approved by Orange County. 4. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. • 5. Outdoor storage and display shall be prohibited. • 6. Pursuant to Seminole County's recommendations, communication towers, • drive-thru’s, day cares, and churches shall be prohibited. • 7. The Development Plan shall be submitted to the Orange County • Development Review Committee for review. • 8. Any proposed amendments to the Maitland Boulevard Plaza Planned Development shall require review by the Orange County Development Review Committee. • A waiver from Section 38-1272 (a) (3) (d) is granted to allow a 25’ Bear Lake setback in lieu of 30’ to meet with Seminole County’s setback requirement for developer conformity. • 10. A waiver from Section 38-1272 (a) (3) is granted to allow a 0’ setback from the County jurisdiction line in lieu of the requested 25’ setback requirement.

  10. Board of County Commissioners DRC Conditions of Approval Cont’d. • 11. A waiver from Section 24-5(a) (3) is granted to allow a Type C buffer • requirement to vary from 2' to 10' along the abutting trail in lieu of the • required 15' buffer width requirement. • 12. The applicant must apply for and obtain a capacity encumbrance letter • prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to platting. 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. • 13. This project is being processed in both Orange County and Seminole County. In the event that both governments do not approve this project, it shall be deemed a substantial change warranting requesting approval by the Board of County Commissioners. • 14. Prior to the issuance of any permits on this site, a Memo of Understanding (MOU) shall be approved between Orange County and Seminole County.

  11. Board of County Commissioners DRC Conditions of Approval Cont’d. • 15. The Owner shall provide access to the land immediately west of the proposed retail/office building in order to provide parking for the West Orange Trail Seminole Wekiva Connector. The access shall be provided to Orange County upon notification by Orange County to the owner at the time that the trail has been funded.

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

  13. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Maitland Boulevard Plaza PD Land Use Plan dated “Received January 7, 2009,” subject to the fifteen (15) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  14. Board of County Commissioners District #:3 Case #:RZ-08-10-074 Applicant:Matthew West for The Palms at LakeUnderhill PD Request:R-1A (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use:Commercial……up to 28,500 sq. ft. Office……………up to 85,500 sq. ft.

  15. Board of County Commissioners RZ-08-10-074 Zoning Map

  16. Board of County Commissioners RZ-08-10-074 Future Land Use Map

  17. Board of County Commissioners The Palms at Lake Underhill Land Use Plan

  18. 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:

  19. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to The Palms at Lake Underhill PD Land Use Plan dated “Received January 20, 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 20, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

  20. 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.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. 4. Outdoor storage and display shall be prohibited.

  21. 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. 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. • 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 prior to construction plan submittal and must apply for and obtain a capacity reservation certificate prior to certificate of occupancy. Nothing in this condition and nothing in the decision to approve this development 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.

  22. Board of County Commissioners DRC Conditions of Approval Cont’d. • 9. This site is within the boundary of the Orlando Range and Chemical Yard formerly known as the Army Airfield Toxic Gas and Contamination Yard. Prior to approval of a Preliminary Subdivision Plan or Development Plan, the applicant shall submit a complete Phase I Environmental Site Assessment, or similar, as determined by the Army Corps of Engineers. • 10. Following completion of construction, access to the subject property via Alachua Street shall be prohibited.

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

  24. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve The Palms at Lake Underhill PD Land Use Plan dated “Received January 20, 2009,” subject to the ten (10) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  25. Board of County Commissioners PUBLIC HEARING

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

  27. Board of County Commissioners Project : Lake Sawyer Neighborhood Planned Development – Lake Sawyer South Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Lake Sawyer Neighborhood Planned Development – Lake Sawyer South Preliminary Subdivision Plan to approve a new Subdivision Tree Removal Plan, which mitigates for trees erroneously removed during land development activities.

  28. Board of County Commissioners Lake Sawyer Neighborhood PD/ Lake Sawyer South PSP Location Map

  29. Board of County Commissioners Lake Sawyer Neighborhood PD/ Lake Sawyer South Tree Mitigation Phases 1, 2, 4 & 6

  30. Board of County Commissioners Lake Sawyer South PD/Lake Sawyer South PSP Pulte Property – Phase 1, 2, 3 & 4 Removal & Replacement Calcs

  31. Board of County Commissioners Lake Sawyer South PD/Lake Sawyer South PSP Ashton Woods Property – Phase 6 Removal & Replacement Calcs

  32. Board of County Commissioners Action Requested • Approve the Lake Sawyer Neighborhood Planned Development – Lake Sawyer South Neighborhood Preliminary Subdivision Plan dated “Received July 25, 2006,” and the Tree Mitigation Plan dated “Received September 15, 2008” subject to the twelve (12) conditions in the staff report.

  33. Board of County Commissioners DRC Recommendations Development shall conform to the Lake Sawyer Neighborhood Planned Development; Orange County Board of County Commissioners (BCC) approvals; Preliminary Subdivision Plan dated “Received July 25, 2006” and Tree Mitigation Plan dated “Received September 15, 2008”, 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 25, 2006” and Tree Mitigation Plan dated “Received September 15, 2008”, the condition of approval shall control to the extent of such conflict or inconsistency.

  34. 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. 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

  35. Board of County Commissioners DRC Recommendations Cont’d. 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 Department 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 section. 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. 4. Roads and drainage system, including the retention pond, will be owned and maintained by Orange County with a Municipal Service Benefit Unit (MSBU) established for stormwater system functionality. Routine maintenance, including mowing, beyond that provided by the County, shall be the responsibility of the Home Owners' Association.

  36. Board of County Commissioners DRC Recommendations Cont’d. 5. Prior to construction plan approval, a drainage study to establish the 100-year flood elevation and master stormwater management and utility plans for the PD shall be submitted to Orange County for review and approval. 6. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with approved master utility plan for this PD. 7. Prior to construction plan approval, a Developer’s Agreement for the construction and funding of a traffic signal at CR 535 and Overstreet Road shall be approved. 8. Unless a Conservation Area Impact permit is approved by Orange County prior to Construction Plan approval, no conservation area encroachments are permitted. 9. Prior to earth work or construction, an incidental take or relocation permit for gopher tortoises must be obtained from the Florida Fish & Wildlife Conservation Commission (FWC) and a copy provided to the Orange County Environmental Protection Division to the attention of the DRC Representative.

  37. Board of County Commissioners DRC Recommendations Cont’d. 10. Prior to earth work or construction, the developer shall provide a copy of the completed Florida Department of Environmental Protection NPDES Notice of Intent (NOI) for stormwater discharge from construction activities to the Orange County Environmental Protection Division, Attention: NPDES Administrator. 11. Prior to platting, the Covenants, Conditions and Restrictions shall include notice to the homebuyers identifying the location of the pedestrian/bike path. 12. Concurrent with platting, a Municipal Service Benefit Unit (MSBU) shall be established for recreational trail maintenance for trails that range in width from over 5 feet to less than 14 feet in width.

  38. Board of County Commissioners PUBLIC HEARING