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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. May 12, 2009. Board of County Commissioners. District #: 3 Case #: RZ-08-10-068 Applicant: Sam J. Sebaali Request: A-2 (Farmland Rural District) to PD (Planned Development District)

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING May 12, 2009

  2. Board of County Commissioners District #:3 Case #:RZ-08-10-068 Applicant:Sam J. Sebaali Request:A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use:Commercial……….up to 36,460 sq. ft. Office………………up to 72,920 sq. ft. Multi-Family………up to 47 units Note: Please refer to the Land Use Plan for the list of permitted (C-1) commercial and (P-O) office uses.

  3. Board of County Commissioners RZ-08-10-068 Zoning Map

  4. Board of County Commissioners RZ-08-10-068 Future Land Use Map

  5. Board of County Commissioners Econ Place 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 Econ Place PD Land Use Plan dated “Received January 23, 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 23, 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. 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.

  9. Board of County Commissioners DRC Conditions of Approval Cont’d. • 4. The Developer shall obtain water and wastewater service from Orange County Utilities. • 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. • 6. Outdoor storage and display shall be prohibited. • 7. 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. • 8.This project shall incorporate Spanish / Mediterranean architectural features and shall provide barrel-type roofing on all buildings. • 9. The total amount of parking stalls provided shall not exceed 110% of the minimum required per the Orange County Code.

  10. Board of County Commissioners DRC Conditions of Approval Cont’d. • 10. This plan shall comply with the Orange County Environmental Protection • Division (EPD) wetland restoration three-year monitoring requirement, as • specified in EPD application #08-216471, supporting documents, and the • restoration plan.

  11. 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.

  12. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Econ Place PD Land Use Plan dated “Received January 23, 2009,” subject to the ten (10) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  13. Board of County Commissioners Project : South Orlando Urban Center PD/LUP Substantial Change Applicant:Constance Owens of TRI³Civil Engineering Design Studio, Inc. District #: 4 Request: To consider a substantial change to the approved South Orlando Urban Center Planned Development/Land Use Plan (PD/LUP) to grant fourteen (14) waivers from Section 38 which would be consistent with the approved FLU amendment and thus, promote Transit Oriented Development:

  14. Board of County Commissioners Substantial Change Request Waiver from Section 38-1234 (6)(a)(1), (2), (4), (7), and (8). Open Space to allow all ponds, regardless of design, to count as Class B open space. Waiver from Section 38-1258(h). Recreational Facilities (for Residential Developments) to allow single family and multi-family to share the same recreational areas in lieu of providing separate recreational areas for each use. Waiver from Section 38-1476(a)(1). Quantity of off-street parking to provide a total of 278 shared parking spaces for the combined Commercial/Office/ Multi-Family uses onsite with differing peaking during the day. This request shall be in lieu of the calculated 516 parking spaces for the combined uses as required by code. Waiver from Section 38-1254(1). Setbacks (for Residential Developments) to provide a continuous 25 foot PD perimeter setback for all uses within the PD in excess of 2 stories in lieu of providing setbacks based on structural height in addition to 2-stories, except where adjacent to residentially zoned properties outside of the PD boundary. To provide a 5’ setback from S. Orange Avenue (an arterial street) in lieu of 50’ as required by code.

  15. Board of County Commissioners Substantial Change Request 5. Waiver from Section 38-1254(2)(a) and Sec. 38-1272(3)(a). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office) a 5’ setback from an Arterial Roadway (Orange Avenue) in lieu of the required 50’ residential setback and 40’ commercial setback. Waiver from Section 38-1254(2)(e) and Sec. 38-1272(3)(d). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office and residential) a 5’ setback on all other right-of-way in lieu of the required residential setback of 20’ and commercial setback of 30’. Waiver from Section 38-1258(a) and (b). Multi-family development to allow a 50’ setback for the 4-story multi-family buildings in lieu of the required 100’/150’ requirement from the proposed single-family residential within the boundaries of this PD. Waiver from Section 38-1272 and Sec. 38-1258(a) and (b). Multi-family development to allow the four story mixed use building (retail and multi-family) within 50’ from the proposed single-family residential within the boundaries of this PD in lieu of the required 100’/150’.

  16. Board of County Commissioners Substantial Change Request 9. Waiver from Section 38-1258(d). Multi-family development to allow 4-story 50’ height multi-family buildings in lieu of the 3-story 40’ height allowable by code. 10. Waiver from Section 38-1258(f). Multi-family development to omit the requirement that a six-foot high masonry, brick, or block wall be constructed whenever a multi-family development is located adjacent to single-family zoned property within the boundary of the PD. 11. Waiver from Section 38-1258(g). Multi-family development to allow a direct access to any right-of-way within the PD serving platted single-family residential development. 12. Waiver from Section 38-1258(i). Multi-family development to eliminate the requirement that it be located adjacent to a fenced right-of-way. 13. Waiver from Section 38-1272(a)(5). General commercial to allow a 60’ commercial mixed-use building in lieu of the 50’ height limit and to allow the 60’ commercial mixed use building within 50’ from single-family residential in lieu of the required 35’ maximum when within 100’ of single-family residential within the boundaries of this PD.

  17. Board of County Commissioners Substantial Change Request 14. Waiver from Section 38-79(20)(f). To allow all townhome buildings to contain less than three (3) dwelling units.

  18. Board of County Commissioners Zoning Map

  19. Board of County Commissioners Future Land Use Map

  20. Board of County Commissioners South Orlando Urban Center Land Use Plan

  21. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved South Orlando Urban Center PD/LUP dated “Received January 9, 2009,” subject to the thirteen (13) conditions in the staff report.

  22. Board of County Commissioners DRC Recommendations 1. Development shall conform to the South Orlando Urban Center PD Land Use Plan dated “Received January 9, 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 9, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  23. 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. The Developer shall obtain wastewater service from Orange County Utilities. 4. Unless a Conservation Area Impact (CAI) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted.

  24. Board of County Commissioners DRC Recommendations Cont’d. 5. 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 land use plan amendment 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. 6. 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. 7. Outdoor storage and display shall be prohibited. 8. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 9. There shall be no interconnection to the single family residential parcels to the east of this site unless a substantial change to the PD is approved by the Board of County Commissioners.

  25. Board of County Commissioners DRC Recommendations Cont’d. 10.All previous applicable conditions of approval shall apply. a. There shall be no development on the existing platted lots fronting Royal Palm Avenue. These areas, north of the wetland shall be designed as open space on the Land Use Plan and reflected in the Covenants, Conditions, and Restrictions (CC&Rs), and the CC&Rs shall not be modified without approval from Orange County. b. An 8-foot masonry wall shall be constructed along the west side of the north/south drainage ditch and an easement shall be provided to connect the north/south drainage ditch to the east/west drainage ditch and sufficient area will be maintained between the wall and the ditch to provide for maintenance. c. Access shall be limited to Orange Avenue. d. There shall be no motorized watercraft on Bearhead Lake. e. This development shall not have a community boat dock or ramp.

  26. Board of County Commissioners DRC Recommendations Cont’d. f. At the Preliminary Subdivision Plan stage, the internal road width shall provide for both access for public safety vehicles and compliance with subdivision regulations. g. Unless a Conservation Area Impact (CAI) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted. h. Short-term rentals shall be prohibited. 11. The total amount of parking stalls provided shall not exceed 110% of the minimum required per Orange County code. 12. Stormwater ponds shall be owned and maintained by the Property Owners’ Association.

  27. Board of County Commissioners DRC Recommendations Cont’d. 13. Based on this project being an urban infill which promotes a Transit Oriented Development (TOD), the following waivers from Orange County Code Section 38 are being requested: a. Waiver from Section 38-1234(6)(a)(1), (2), (4), (7), and (8). Open Space to allow all ponds, regardless of design, to count as Class B open space. b. Waiver from Section 38-1258(h). Recreational Facilities (for Residential Developments) to allow single family and multi-family to share the same recreational areas in lieu of providing separate recreational areas for each use. c. Waiver from Section 38-1476(a)(1). Quantity of off-street parking to provide a total of 278 shared parking spaces for the combined Commercial/Office/Multi-Family uses onsite with differing peaking during the day. This request shall be in lieu of the calculated 516 parking spaces for the combined uses as required by code. d. Waiver from Section 38-1254(1). Setbacks (for Residential Developments) to provide a continuous 25 foot PD perimeter setback for all uses within the PD in excess of 2 stories in lieu of providing setbacks based on structural

  28. Board of County Commissioners DRC Recommendations Cont’d. height in addition to 2-stories, except where adjacent to residentially zoned properties outside of the PD boundary. To provide a 5’ setback from S. Orange Avenue (an arterial street) in lieu of 50’ as required by code. e. Waiver from Section 38-1254(2)(a) and Section 38-1272(3)(a). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office) a 5’ setback from an Arterial Roadway (Orange Avenue) in lieu of the required 50’ residential setback and 40’ commercial setback. Waiver from Section 38-1254(2)(e) and Section 38-1272(3)(d). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office and residential) a 5’ setback on all other right-of-way in lieu of the required residential setback of 20’ and commercial setback of 30’. Waiver from Section 38-1258(a) and (b). Multi-family development to allow a 50’ setback for the 4-story multi-family buildings in lieu of the required 100’/150’ requirement from the proposed single-family residential within the boundaries of this PD.

  29. Board of County Commissioners DRC Recommendations Cont’d. h. Waiver from Section 38-1272 and Section 38-1258(a) and (b). Multi-family development to allow the four story mixed use building (retail and multi-family) within 50’ from the proposed single-family residential within the boundaries of this PD in lieu of the required 100’/150’. Waiver from Section 38-1258(d). Multi-family development to allow 4-story 50’ height multi-family buildings in lieu of the 3-story 40’ height allowable by code. j. Waiver from Section 38-1258(f). Multi-family development to omit the requirement that a six-foot high masonry, brick, or block wall be constructed whenever a multi-family development is located adjacent to single-family zoned property within the boundary of the PD. k. Waiver from Section 38-1258(g). Multi-family development to allow a direct access to any right-of-way within the PD serving platted single-family residential development. l. Waiver from Section 38-1258(i). Multi-family development to eliminate the requirement that it be located adjacent to a fenced right-of-way.

  30. Board of County Commissioners DRC Recommendations Cont’d. m. Waiver from Section 38-1272(a)(5). General commercial to allow a 60’ commercial mixed-use building in lieu of the 50’ height limit and to allow the 60’ commercial mixed use building within 50’ from single-family residential in lieu of the required 35’ maximum when within 100’ of single-family residential within the boundaries of this PD. n. Waiver from Section 38-79(20)(f). To allow all townhome buildings to contain less than three (3) dwelling units.

  31. Board of County Commissioners Project : Airport South PD/LUP Substantial Change Applicant:David Kelly District #: 4 Request: To consider a substantial change to the approved Airport South Planned Development/Land Use Plan (PD/LUP) for the following:

  32. Board of County Commissioners Substantial Change Request • To provide an additional access point for Parcel 2 onto • Boggy Creek Road. • 2) To eliminate a 4.23-acre wetland formerly known as Tract 2. • To amend the uses to allow I-1/I-5 uses and the following • I-2/I-3 uses: • - Fertilizer manufacturing • - Wholesale distribution of meat

  33. Board of County Commissioners Substantial Change Request 4) To amend the uses on the traffic matrix table to be consistent with the new development program. 5) To grant a waiver from Section 38-981(7) and Section 38-1272(5) to increase the maximum building height from 50-feet (previous LUP and PD-Commercial Code maximum) and 100-feet (Industrial Code maximum) to 110-feet.

  34. Board of County Commissioners Zoning Map

  35. Board of County Commissioners Future Land Use Map

  36. Board of County Commissioners Airport South Land Use Plan

  37. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Airport South PD/LUP dated “Received March 20, 2009,” subject to the ten (10) conditions in the staff report.

  38. Board of County Commissioners DRC Recommendations 1.Development shall conform to the Airport South PD Land Use Plan dated “Received March 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 March 20, 2009," the condition of approval shall control to the extent of such conflict or inconsistency. BCC APPROVAL DATED FEBRUARY 5, 2002 – THIS CONDITION HAS BEEN RESTATED

  39. 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. Prior to construction plan approval, a master stormwater plan and utilities shall be submitted and approved. BCC APPROVAL DATED FEBRUARY 5, 2002

  40. Board of County Commissioners DRC Recommendations Cont’d. 4. The right-of-way for Boggy Creek Road shall be dedicated by the replat of this land, which will also vacate the existing right-of-way. BCC APPROVAL DATED FEBRUARY 5, 2002 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Chapter 31.5, Orange County Code. BCC APPROVAL DATED FEBRUARY 5, 2002 – AS AMENDED BY THE DRC ON JANUARY 14, 2009 6. Outdoor storage and display shall be prohibited unless screened in accordance with Chapter 24-4(l), Orange County Code. BCC APPROVAL DATED FEBRUARY 5, 2002 – AS AMENDED BY THE DRC ON JANUARY 14, 2009 7. Until the final right-of-way for Boggy Creek Road is determined, all buildings and setbacks shall be located outside the 120 feet of right-a-way for Boggy Creek Road.

  41. Board of County Commissioners DRC Recommendations Cont’d. 8. Unless a Conservation Area Impact Permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area encroachments are permitted. 9. 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 preliminary subdivision 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. 10. A waiver from both Chapter 38-981(7) and 38-1272(5) is granted to increase the maximum building height from 50-feet (previous LUP and PD-Commercial Code maximum) and 100-feet (Industrial Code maximum) to 110-feet.

  42. Board of County Commissioners PUBLIC HEARING

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