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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. February 17, 2009. Board of County Commissioners. Project : Hunter’s Creek PD/LUP Substantial Change Applicant: Mike Burkhead of TBCOM Properties, LLC District #: 1

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING February 17, 2009

  2. Board of County Commissioners Project : Hunter’s Creek PD/LUP Substantial Change Applicant:Mike Burkhead of TBCOM Properties, LLC District #: 1 Request: To consider a substantial change to the approved Hunter’s Creek Planned Development/Land Use Plan (PD/LUP) to add a one hundred and forty (140) foot camouflaged telecommunications tower.

  3. Board of County Commissioners Zoning Map

  4. Board of County Commissioners Future Land Use Map

  5. Board of County Commissioners Hunter’s Creek Land Use Plan

  6. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Hunter’s Creek PD/LUP dated “Received December 9, 2008,” subject to the four (4) conditions in the staff report.

  7. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Hunter’s Creek PD Land Use Plan dated "Received December 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 December 9, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

  8. 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. Development shall be in accordance with the Cell Tower Ordinance. 4. All previous applicable Conditions of Approval shall apply.

  9. Board of County Commissioners Project : Wilderness Creek PD/LUP Substantial Change Applicant:Mike Burkhead of Anchor Tower, LLC District #: 1 Request: To consider a substantial change to the approved Wilderness Creek Planned Development/Land Use Plan (PD/LUP) to add a one hundred and twenty-six (126) foot un-camouflaged telecommunications tower.

  10. Board of County Commissioners Zoning Map

  11. Board of County Commissioners Future Land Use Map

  12. Board of County Commissioners Wilderness Creek Land Use Plan

  13. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Wilderness Creek PD/LUP dated “Received December 15, 2008,” subject to the seven (7) conditions in the staff report.

  14. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Wilderness Creek PD Land Use Plan dated "Received December 15, 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 December 15, 2008," the condition of approval shall controlto the extent of such conflict or inconsistency.

  15. 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. A minimum of thirty percent (30%) open space shall be provided. 4. This project is currently approved for 213 peak hour trips. The applicant proposes to develop at a level 36 PM peak hour trips beyond that approval. 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. However, nothing in this condition and nothing in the decision to approve this development plan

  16. Board of County Commissioners DRC Recommendations Cont’d. shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. 5. Awaiver from Section 38-1300 to allow a maximum building height of 65\ feet/5 stories, except for telecommunication towers, in lieu of the previously approved 50 feet/3 stories is granted in order to allow flexibility of design and architectural roof elements. 6. Development shall be in accordance with the Cell Tower Ordinance. 7. All previous applicable Conditions of Approval dated October 26, 1999, shall apply except as modified by the Board on September 9, 2008: a. 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

  17. Board of County Commissioners DRC Recommendations Cont’d. local stormwater requirements and regulations. An emergency high water relief outfall shall be provided to assure overflow does not cause flooding of surrounding areas. Billboard and pole signs shall be prohibited. To the extent required to comply with the consistency provision of the Growth management Act, the following additional conditions shall apply: 1.Permitted and prohibited uses shall be those specified in Policies 1.1.3 and 1.1.6 of the International Drive Activity Center Plan). 2. If the housing linkage program is in place prior to development plan approval, development of non-residential development shall be conditioned upon either development of residential units within the area designated as Activity Center Residential on the Future land Use Map or the payment into a housing linkage fund.

  18. Board of County Commissioners DRC Recommendations Cont’d. 3. The development guidelines for the International Drive Activity Plan shall apply to the subject property. 4. The property owners shall be required to participate in a property owners' association upon its creation (within the International Drive Activity Center) 5. Stormwater management facilities shall be designed as an aesthetic feature, except where determined by the County Engineer to be technically feasible. 6. Twenty-foot wide pedestrian/landscape/utility easement plus a 15-foot transit easement along International Drive for a total of 35 feet, with the transit easement along International Drive, shall be included in the development plan. 7. The Development Plan shall provide for interconnection of adjacent developments either by cross-access easement or public right-of-way.

  19. Board of County Commissioners DRC Recommendations Cont’d. 8. Electrical distribution lines shall be underground. 9. Participation in a shuttle service connecting area attractions, major transportation centers, and on-site development shall be required. d. Master water and wastewater plans, including preliminary calculations, shall be approved prior to approval of construction plans. e. The following school conditions of approval shall apply: Owner shall comply with all provisions of the Capacity Enhancement Agreement. Upon the County's receipt of written notice from the School Board of Orange County, Florida, or its designee, that the Owner is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits, certificates of occupancy and processing other approvals for any of the New Units (as defined in the Capacity Enhancement Agreement). The County shall again begin issuing

  20. Board of County Commissioners DRC Recommendations Cont’d. building permits, certificates of occupancy and processing other approvals for any of the New Units upon The School Board of Orange County, Florida, or its designee's written notice to the County that the Owner is no longer in breach or default of the Capacity Enhancement Agreement. The Owner, or itssuccessor or assign under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the action of ceasing the County's issuance of residential building permits, certificates of occupancy or processing other approvals. Owner, or its successor or assign under the Capacity Enhancement Agreement, agrees that it shall not and is estoppel from claiming in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of Owner's property rights. Orange County shall be held harmless by the Owner or its assigns under the Capacity Enhancement Agreement, in any dispute between the Owner and The School Board of Orange County, Florida over any interpretation or provision of the Capacity Enhancement Agreement.

  21. Board of County Commissioners District #:3 Case #:RZ-08-09-064 Applicant:Michelle Tanner for Dewitt Custom Concrete, Inc. Request:C-1 (Retail Commercial District) to C-2 (General Commercial District) Proposed Use:Those uses permitted in the C-2 zoning district and more specifically, the utilization of the site for a concrete contractor’s office with outdoor storage of equipment and materials.

  22. Board of County Commissioners RZ-08-09-064 Zoning Map

  23. Board of County Commissioners RZ-08-09-064 Future Land Use Map

  24. Board of County Commissioners RZ-08-09-064 Conceptual Site Plan Dated “Received Feb., 9, 2009”

  25. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the C-2 (General Commercial Residential) rezoning subject to the following restrictions:

  26. Board of County Commissioners Restriction • Billboards and pole signs shall be prohibited.

  27. Board of County Commissioners Additional Restrictions • Development of the subject property shall substantially comply, as determined by the Orange County Zoning Manager, with the Conceptual Site Plan dated "Received February 9, 2009." • Any trees along the eastern property line shall be preserved to the greatest extent possible so as to provide a visual barrier to the site. In lieu of this, canopy trees, at least 6-feet high at the time of planting, shall be placed 30 feet on-center along the eastern property line.

  28. Board of County Commissioners PUBLIC HEARING

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