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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. December 6, 2011. Board of County Commissioners. Project : Tinwood PD/LUP Substantial Change Applicant: Russell Maynard District #: 1. Board of County Commissioners.

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING December 6, 2011

  2. Board of County Commissioners Project : Tinwood PD/LUP Substantial Change Applicant:Russell Maynard District #: 1

  3. Board of County Commissioners Request: To consider a substantial change to the approvedTinwood Planned Development/Land Use Plan (PD/LUP) to: To allow a vertiport/helipad as a permitted use on Lots 12 & 13 as indicated on the Land Use Plan (LUP); Modify existing Condition of Approval #4 [reflected as Condition #4.a) in the Staff Report] from the September 15, 2009, Board of County Commissioners’ public hearing to allow a seven (7) passenger aircraft in lieu of a five (5) passenger aircraft; and Modify existing Condition of Approval #5 [reflected as Condition #4b) in the Staff Report] from the September 15, 2009, Board of County Commissioners’ public hearing to allow the hours of operation to be 8:00 a.m. - 9:00 p.m. in lieu of only daylight hours.

  4. Board of County Commissioners Zoning Map

  5. Board of County Commissioners Future Land Use Map

  6. Board of County Commissioners Tinwood Land Use Plan

  7. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Tinwood PD/LUP dated “Received May 18, 2011” subject to the five (5) conditions in the staff report.

  8. Board of County Commissioners PUBLIC HEARING

  9. Board of County Commissioners PUBLIC HEARING December 6, 2011

  10. Board of County Commissioners Project : Villagio at Waterford Lakes PD/LUP Substantial Change Applicant:John townsend District #: 4

  11. Board of County Commissioners Request: To consider a substantial change to the approvedVillagio at Waterford Lakes Planned Development/Land Use Plan (PD/LUP) to: To allow 308 apartments in lieu of 215 townhomes for Tract A; To grant a waiver from Section 38-830(13) to allow for joint access between commercial and residential development; and To add 30,000 square feet of commercial on Tract B.

  12. Board of County Commissioners Zoning Map

  13. Board of County Commissioners Future Land Use Map

  14. Board of County Commissioners Villagio at Waterford Lakes Land Use Plan

  15. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Villagio at Waterford Lakes PD/LUP dated “Received September 27, 2011,” subject to the six (6) conditions in the staff report.

  16. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Villagio at Waterford Lakes PD Land Use Plan dated “Received February 21, 2007 September 27, 2011,” 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 “February 21, 2007 September 27, 2011,” the condition of approval shall control to the extent of such conflict or inconsistency.

  17. 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 waiver from Section 38-830(13) is granted to allow for joint access between commercial and residential development. 4. Pole sign and billboards shall be prohibited. Ground and facia signs shall comply with CH. 31.5. 5. Outside storage and display shall be prohibited.

  18. Board of County Commissioners DRC Recommendations Cont’d. 6. All previous applicable Conditions of Approval dated August 21, 2007, shall apply: a) The developer shall obtain water, wastewater, and reclaimed water service from Orange County. The developer shall comply with all provisions of the Public Education Agreement (PEA) (Capacity Enhancement Agreement [CEA] #06-26) entered into with the Orange County School Board as of September 26, 2006 (executed on December 12, 2006), and is on file with the Orange County Planning Division. Upon the County's receipt of written notice from Orange County Public Schools (OCPS) that the developer is in default or breach of the CEA, the County shall immediately cease issuing building permits for any residential units in excess of the 3 residential units allowed under the zoning existing prior to the approval of the PD zoning. The County shall again begin issuing building permits upon OCPS' written notice to the County that the developer is no longer in breach or default of the CEA. The developer and its successor or assign under the CEA, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of

  19. Board of County Commissioners DRC Recommendations Cont’d. the act of ceasing the County's issuance of residential building permits. - The developer, or its successor or assign under the CEA, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's property rights. - Orange County shall be held harmless by the developer and its assigns under the CEA, in any dispute between the developer and OCPS over any interpretation or provision of the CEA. - At the time of platting, documentation shall be provided from OCPS that this project is in compliance with the CEA. c) The Woodbury Road Right-of-Way Agreement between Alta Development Group, Inc., and Orange County is approved. d) A left-turn lane on Woodbury Road shall be provided.

  20. Board of County Commissioners DRC Recommendations Cont’d. A left-turn lane on Woodbury Road shall be provided. Unless a Conservation Area Impact Permit is approved by Orange County prior to construction plan approval, no conservation area encroachments are permitted. 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 LUP shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or capacity reservation certificate.

  21. Board of County Commissioners PUBLIC HEARING

  22. Board of County Commissioners PUBLIC HEARING December 6, 2011

  23. Board of County Commissioners District #:1 Case #:LUP-11-09-208 Applicant:Momtaz Barq for Chancellor at Windermere PD Request:R-CE (Country Estate District) to PD (Planned Development District) Proposed Use:Commercial: 40,000 sq. ft. of restricted C-1 (Retail Commercial) uses. Office: 9,999 sq. ft. of restricted P-O (Professional Office) uses. The utilization of the site for retail and office is currently proposed.

  24. Board of County Commissioners LUP-11-09-208 Zoning Map

  25. Board of County Commissioners LUP-11-09-208 Future Land Use Map

  26. Board of County Commissioners Chancellor at Windermere PD Land Use Plan

  27. 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:

  28. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Chancellor at Windermere PD Land Use Plan dated "Received November 16, 2011," 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 November 16, 2011," the condition of approval shall control to the extent of such conflict or inconsistency.

  29. 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. 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. However, nothing in this condition and nothing in the decision to approve this preliminary subdivision plan Land Use Plan 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.

  30. Board of County Commissioners DRC Conditions of Approval Cont’d. 4. Community meetings shall be required in the event any substantial or non substantial change is proposed for the Land Use Plan or the Development Plan(s). 5. A Master Sign Plan is approved as part of this PD/LUP. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5, with the exception of a waiver from Section 31.5-67 to allow for three (3) ground signs, eight (8) feet in height in lieu of twelve (12) feet, with a maximum of eighty (80) square feet per sign face in lieu of one hundred twenty (120) square feet. The ground signs shall only designate the shopping center and not individual stores / businesses within the PD. 6. The Developer shall obtain water, wastewater and reclaimed water service from Orange County Utilities. 7. Outdoor storage and display shall be prohibited. Special events shall be limited to a maximum of twelve (12) per year.

  31. Board of County Commissioners DRC Conditions of Approval Cont’d. 8. 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. 9. Commercial shall be limited to a maximum of 40,000 gross square feet. Office uses within the easternmost portion of the site shall be limited to a maximum of 9,999 gross square feet. Drive-thru’s shall not be permitted. Pharmacies / Drug Stores / Apothecaries shall not exceed 10,000 gross square feet in size. No individual building shall exceed 13,000 gross square feet. In the event that a school is constructed on the adjacent parcel, no vehicular access shall be permitted through this site to Winter Garden Vineland Road. A waiver from Section 38-1476 is granted to allow for reduced parking at the rate of 3.5 spaces per 1,000 square feet for office and 4 spaces per 1,000 square feet for commercial, in lieu of 1 space per 200 square feet and 5.5 spaces per 1,000 square feet, respectively.

  32. Board of County Commissioners DRC Conditions of Approval Cont’d. 13. A waiver from Section 38-1603 and Section 38-1272(3)b. is granted to reduce the street setback along Winter Garden Vineland Road to twenty (20) feet in lieu of forty (40) feet. 14. A waiver from Section 38-1272(a)(5) is requested to allow for a two (2) story / fifty (50) foot-high building to be located within eighty (80) feet of single-family residential, along the northern boundary line only, in lieu of a thirty-five (35) foot building within one hundred (100) feet of single-family residential. 15. A waiver from Section 38-1258(j) is granted to allow for a ten (10) foot building separation in lieu of twenty (20) feet. 16.The text of the Land Use Plan controls in the event of a conflict with the graphics.

  33. Board of County Commissioners DRC Conditions of Approval Cont’d. 17.Two (2) checkered rows of at least three (3) inch caliper Laurel Oak trees shall be planted no more than thirty (3) feet on center adjacent to the eastern border with the Oxford Moor subdivision. A westerly third row of either Laurel Oaks or Cypress trees along this buffer is required. 18.At least four (4) building sections shall have metal roofs to give the appearance of multiple smaller buildings.

  34. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to eighteen (18) conditions.

  35. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Chancellor at Windermere PD Land Use Plan dated “Received November 16, 2011,” subject to the eighteen (18) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  36. Board of County Commissioners PUBLIC HEARING

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