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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. January 6, 2009. 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

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING January 6, 2009

  2. 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.

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

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

  5. 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 restriction:

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

  7. Board of County Commissioners PUBLIC HEARING

  8. Board of County Commissioners PUBLIC HEARING January 6, 2009

  9. Board of County Commissioners District #:3 Case #:RZ-08-07-052 Applicant:Orville K. Crouso Request:C-1 (Retail Commercial District) and C-2 (General Commercial District) to C-2 (General Commercial District) Proposed Use:The proposed C-2 zoning would allow land uses that are compatible with the existing development in the area. The applicant intends to use the site for auto sales.

  10. Board of County Commissioners RZ-08-07-052 Zoning Map

  11. Board of County Commissioners RZ-08-07-052 Future Land Use Map

  12. 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 restriction(s):

  13. Board of County Commissioners Restrictions • The aggregation of the five (5) subject parcels shall be required. • Access to the aggregated parcels via Carolyn Avenue and Fabian Avenue shall be prohibited. • A six (6) foot masonry wall shall be constructed or a Type Bbuffer shall be installed along those portions of the aggregated parcels abutting residential development. • At the time of redevelopment, a unified development plan for the site shall be submitted to the County for review. • Billboards and pole signs shall be prohibited. • Outdoor public address systems shall be prohibited.

  14. Board of County Commissioners PUBLIC HEARING

  15. Board of County Commissioners PUBLIC HEARING January 6, 2009

  16. Board of County Commissioners Project : Waterstone PD/Waterstone Preliminary Subdivision Plan - Substantial Change District #: 1 Request: To consider a substantial change to the Waterstone PD/Waterstone Preliminary Subdivision Plan to modify a previous Board condition of approval whereby reducing the square footage of the clubhouse from 5000 to 2000 square feet.

  17. Board of County Commissioners Waterstone PD/ Waterstone PSP Location Map

  18. Board of County Commissioners Waterstone PD/ Waterstone Preliminary Subdivision Plan

  19. Board of County Commissioners Waterstone PD/ Waterstone Preliminary Subdivision Plan

  20. Board of County Commissioners Action Requested • Approve the Waterstone Planned Development - Waterstone Preliminary Subdivision Plan dated “Received April 24, 2008,” subject to the five (5) conditions in the staff report.

  21. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Waterstone Planned Development; Orange County Board of County Commissioners (BCC) approvals; Waterstone Preliminary Subdivision dated “Received April 24, 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 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 April 24, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

  22. Board of County Commissioners DRC Recommendations Cont’d. 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. A waiver from Section 38-79 (114)(h) is granted to allow a maximum building height of 30 feet in lieu of 15 feet for the clubhouse, which is designated as an ancillary use. A waiver from Section 38-1408 (f)(2) is granted to allow a maximum height of 12 feet in lieu of 10 feet for the wall with columns.

  23. Board of County Commissioners DRC Recommendations Cont’d. All previous applicable conditions of approval dated July 29, 2008, shall apply except as modified: a. This project shall be a gated community and shall comply with the Gated Community Ordinance. At the time of platting, a debris removal fund shall be established and incorporated in the Conditions, Covenants and Restrictions. That portion of the Conditions, Covenants and Restrictions shall not be modified without approval by the County. b. Unless a Conservation Area Impact permit is approved by Orange County Board of County Commissioners consistent with Chapter 15 prior to construction plan approval, no conservation area or buffer encroachments are permitted. c. 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.

  24. Board of County Commissioners DRC Recommendations Cont’d. d. 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 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. e. 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. f. Prior to construction plan approval, a wildlife survey and copies of correspondence with the U. S. Fish and Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission (FWC) will be provided to the Orange County Environmental Protection Division: Attention Development Review Committee Representative. If gopher tortoises are present, then prior to earthwork or construction, an incidental take or relocation permit shall be obtained. (Note that the incidental take option may no longer be available at the time of your application submittal due to recent legislative decisions).

  25. Board of County Commissioners DRC Recommendations Cont’d. • g. This project has a Right-of -Way Agreement, which has been previously • executed, however, the design of the drainage system for CR 535 has not • been finalized at this time and additional right of way and/or easements • may be required by the County to complete the design of the CR 535 • improvements. The Developer has agreed to coordinate his project with • the design of CR 535 and shall agree to convey any additional right-of- • way and/or easements to the County according to the terms of the • existing agreements. • h. Clubhouse shall be no less than 2000 square feet.

  26. Board of County Commissioners Project : High Point PD/LUP Substantial Change Applicant:Sam Sebaali of Florida Engineering Group, Inc. District #: 3 Request: To consider a substantial change to the approved High Point Plan Development/ Land Use Plan (PD/LUP) to add C-1 uses as allowable uses to Parcels 2A and 2B ( Lot 2 Legacy Place) within Tract A.

  27. Board of County Commissioners Zoning Map

  28. Board of County Commissioners Future Land Use Map

  29. Board of County Commissioners High Point Land Use Plan

  30. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved High Point PD/LUP dated “Received September 15, 2008,” subject to the nine (9) conditions in the staff report.

  31. Board of County Commissioners DRC Recommendations 1. Development shall conform to the High Point PD Land Use Plan dated “Received September 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 September 15, 2008" the condition of approval shall control to the extent of such conflict or inconsistency.

  32. 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. This project shall not generate any additional traffic beyond what was previously approved. In the event additional trips are generated, this request shall constitute a substantial change and shall be required to submit for concurrency review.

  33. Board of County Commissioners DRC Recommendations Cont’d. 4. Pole signs and billboards shall be prohibited.Ground and fascia signs shall comply with CH. 31.5. 5. Outdoor storage and display shall be prohibited. 6. Uses on Parcels 2A & 2B shall be restricted to I 1-A and C-1 uses only. Payday loans, tattoo parlors, body piercing shops, pawn shops, check cashing facilities, labor pools and video arcades shall be prohibited. 7. Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with the approved Master Drainage Plan for this Planned Development. 8. The access onto Rouse Road from Tract RF shall be deleted. 9. This project shall have unified development pattern for architecture and design.

  34. Board of County Commissioners Project : Patterson PD/LUPSubstantial Change Applicant: Michael Wright of Timberlock Partners District #: 1 Request: The applicant is requesting that this item be withdrawn from the January 6, 2009 Board of County Commissioners hearing.

  35. Board of County Commissioners PUBLIC HEARING

  36. Board of County Commissioners PUBLIC HEARING January 6, 2009

  37. Board of County Commissioners Project : TheVillages of Camelot PD/LUPSubstantial Change Applicant:George Garrett of George Garrett & Associates, Inc. District #: 5 Request: To consider a substantial change to the approved The Villages of Camelot PD Development/Land Use Plan (PD/LUP) to grant a waiver from Section 38-1251(b) to allow 39% maximum coverage land area for all buildings in lieu of 30% as required by Code.

  38. Board of County Commissioners Zoning Map

  39. Board of County Commissioners Future Land Use Map

  40. Board of County Commissioners The Villages of Camelot Land Use Plan

  41. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved The Villages of Camelot PD/LUP dated “Received December 2, 2008,” subject to the three (3) conditions in the staff report.

  42. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Villages of Camelot PD Land Use Plan dated "Received December 2, 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 2, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

  43. Board of County Commissioners DRC Recommendations Cont’d. 2. In order to be consistent with the Orange County Student Housing Task Force recommendations for increased densities for redeveloped student housing projects, a waiver from Section 38-1251(b) of the Orange County Code is granted to allow the maximum building coverage to include 39% of the gross land area whereby exceeding the 30% maximum allowable by Orange County Code. 3. All previous applicable conditions of approval dated January 23, 2007, shall apply: a. 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

  44. Board of County Commissioners DRC Recommendations Cont’d. 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. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch 31.5. Outdoor storage and display shall be prohibited. No permanent school-aged children that will impact the Orange County Public School system shall be generated as a result of any development on this Development Plan. There shall be no access onto Solon Drive. A waiver from Section 38-1259 (h) is granted to allow a maximum building height of 142 feet/12 stories in lieu of 40 feet/3 stories. A waiver from Section 38-1254(2) is granted to allow a ten foot setback from the rear in lieu of twenty-five feet (Aristotle Avenue), ten foot side setback in lieu of twenty-five feet (Darwin Drive) and ten foot front in lieu of fifty feet (Alafaya Trail), and to allow a twenty-foot setback from the north property line in lieu of twenty-five feet.

  45. Board of County Commissioners DRC Recommendations Cont’d. h. A waiver from Section 38-1476 is granted to allow parking at the rate of one space per bed in lieu of 1.25 spaces per bed. i. A waiver from Section 38-1259 is granted to eliminate the requirement of a six-foot masonry wall along all adjacent rights of way. Landscape buffering shall be provided. j. A waiver from Section 38-1253 is granted to eliminate the requirement of providing recreation facilities at the rate of 2.5 acres per 1,000 population. Instead, courtyards, indoor recreation facilities and a canopied seating area shall be provided. k. A waiver from Section 38-1259(c) is granted to allow 2,734 bedrooms in lieu of the maximum permitted. Seventy-five units peracre density shall be permitted to be consistent with the Orange County Student Housing Task Force recommendations for increased densities for redeveloped student housing projects l. A waiver from Section 38-1259(g) is granted to allow for one unit to equal 3.5 bedrooms instead of one unit equals 2 bedrooms.

  46. Board of County Commissioners DRC Recommendations Cont’d. m. This project shall market exclusively to college students, such as University of Central Florida (UCF), Valencia and Seminole Community Colleges and Full Sail. n. A transit stop shall be provided to accommodate the UCF transit shelter service. o. The BCC encourages the State of Florida Department of Transportation and UCF to work with the developer to build a pedestrian fly-over on Alafaya Trail.

  47. Board of County Commissioners Project : The Villages of Camelot PD - Villages of Camelot – Phase 1 DP (LEED Development) District #: 5 Proposed Use: Student Housing: 253 units/764 beds Clubhouse/Recreation: 5,000 sq. ft. Parking Garage: 745 spaces - Max. building height: Student Housing Facility: 4 stories Parking Garage: 6 stories

  48. Board of County Commissioners The Villages of Camelot PD/ Villages of Camelot Phase 1 DP Location Map

  49. Board of County Commissioners The Villages of Camelot PD/ Villages of Camelot Phase 1 Development Plan

  50. Board of County Commissioners Action Requested • Approve the Villages of Camelot Planned Development - Villages of Camelot Phase 1 Development Plan dated “Received November 17, 2008,” subject to the eight (8) conditions in the staff report.

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