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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. February 19, 2008. Board of County Commissioners. District #: 1 Case #: RZ-07-09-080 Applicant: Jim Hall for Downey SR 535 Commercial PD 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 February 19, 2008

  2. Board of County Commissioners District #:1 Case #:RZ-07-09-080 Applicant:Jim Hall for Downey SR 535 Commercial PD Request:A-2(Farmland Rural District)to PD (Planned Development District) Proposed Use:Tourist Commercial Uses (including hotel) – up to 50,000 square feet of tourist commercial space.

  3. Board of County Commissioners RZ-07-09-080 Zoning

  4. Board of County Commissioners RZ-07-09-080 Future Land Use

  5. Board of County Commissioners RZ-07-09-080 Tourist Commercial District

  6. Board of County Commissioners RZ-07-09-080 Tourist Commercial District Detail

  7. Board of County Commissioners Downey SR 535 Commercial Land Use Plan

  8. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Downey SR 535 Commercial PD Land Use Plan dated “Received November 2, 2007,” subject to the eight (8) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  9. Board of County Commissioners PUBLIC HEARING

  10. Board of County Commissioners PUBLIC HEARING February 19, 2008

  11. Board of County Commissioners Project : Lake Reams Neighborhood PD/Sharpe Property Preliminary Subdivision Plan - Substantial Change District #: 1 Request: To consider a substantial change to the Lake Reams Neighborhood PD/Sharpe Property Preliminary Subdivision Plan to increase the Preliminary Subdivision boundary to include approximately 9.29 additional acres whereby all of Parcel 2 would be within the limits of the subdivision for a total of approximately 187 developable acres.

  12. Board of County Commissioners Previous BCC Action • On May 24, 2005, BCC approved the Lake Reams Neighborhood PD/Sharpe Property Preliminary Subdivision Plan subject to twelve (12) conditions.

  13. Board of County Commissioners Lake Reams Neighborhood PD/ Sharpe Property PSP Location Map

  14. Board of County Commissioners Lake Reams Neighborhood PD/ Sharpe Property Preliminary Subdivision Plan

  15. Board of County Commissioners Action Requested • Approve the substantial change to the Lake Reams Neighborhood PD/Sharpe Property Preliminary Subdivision Plan dated “Received October 24, 2007,” subject to the three (3) conditions in the staff report.

  16. Board of County Commissioners Project : Marden Road PD/Marden Road Preliminary Subdivision Plan – Substantial Change District #: 2 Request: To consider a substantial change to the Marden Road PD/Marden Road Preliminary Subdivision Plan to modify a Board Condition of Approval to allow Tracts A & C to be owned and maintained by the Homeowners’ Association.

  17. Board of County Commissioners Previous BCC Action • On October 3, 2006, BCC approved the Marden Road PD/Marden Road Preliminary Subdivision Plan subject to seven (7) conditions.

  18. Board of County Commissioners Marden Road PD/ Marden Road PSP Location Map

  19. Board of County Commissioners Marden Road PD/ Marden Road Preliminary Subdivision Plan

  20. Board of County Commissioners Action Requested • Approve the substantial change to the Marden Road PD/Marden Road Preliminary Subdivision Plan dated “Received November 7, 2007,” subject to the four (4) conditions in the staff report.

  21. Board of County Commissioners PUBLIC HEARING

  22. Board of County Commissioners PUBLIC HEARING February 19, 2008

  23. Board of County Commissioners District #:2 Case #:RZ-07-07-051 Applicant:Andrew DeCandis for Evans Replacement High School PD Request:R-CE (Country Estate District) and R-1A (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use:Evans Replacement High School - 350,000 sq. ft.

  24. Board of County Commissioners Clarcona Rural Settlement

  25. Board of County Commissioners Clarcona Rural Settlement Detail

  26. Board of County Commissioners RZ-07-07-051 Future Land Use

  27. Board of County Commissioners RZ-07-07-051 Zoning

  28. Board of County Commissioners Evans Replacement High School Land Use Plan

  29. Board of County Commissioners Comprehensive Policy Plan Consistency • The CPP Future Land Use Map designates this location as Clarcona Rural Settlement 1/1 (R/S 1/1), Low Density Residential (LDR) and Institutional (INST). The PD zoning district is consistent with this land use designation.

  30. Board of County Commissioners

  31. Board of County Commissioners Consistency with School Siting Ordinance and FLU Policies • Future Land Use Element Policy 1.1.14: The Future Land Use Map (FLUM) establishes the long-range general use of property and sets the zoning and future land use correlation used to determine consistency with the FLUM. Land use compatibility; the location, availability and capacity of services and facilities; market demand; and environmental features shall also be used to determine which specific zoning district is most appropriate. • Neighborhood Element Objective 1.1: Orange County shall ensure that land use changes are compatible with or do not adversely impact existing neighborhoods.

  32. Board of County Commissioners Consistency with School Siting Ordinance and FLU Policies (cont.) • Future Land Use Element Policy 3.1.19: Planned Developments (PDs) are intended to incorporate a broad mixture of uses under specific design standards, and shall be allowed provided the land uses are consistent with the cumulative densities and intensities on the FLUM. • Public Schools Facility Element Goal 4 discusses supporting efforts to ensure that adequate capital facilities and technology resources are available to support the educational mission of public schools. • Public Schools Facility Element Objective 4.3 discusses managing the timing of new development to coordinate with adequate school capacity.

  33. Board of County Commissioners Consistency with School Siting Ordinance and FLU Policies (cont.) • Public Schools Facility Element Policy 5.2.4: All new school locations shall be subject to the terms and limitations established in the school siting ordinance developed jointly by Orange County and the School Board. • Future Land Use Element Policy 3.2.25: Requires land use changes to be compatible with the existing development and the development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility.

  34. Board of County Commissioners Chronology • June 18, 2007: Planning and Zoning Rezoning application submitted • July 25, 2007: DRC Recommended approval of LUP • Community Meetings/OCPS Public Meetings August 7, 2007: 3,000 ft. notification buffer 1,696 residents notified approximately 75 people in attendance January 14, 2008: 3,000 ft. notification buffer 1,695 residents notified approximately200 people in attendance

  35. Board of County Commissioners Chronology (cont.) • September 20, 2007: P&Z Recommended approval of LUP • October 9, 2007: BCC First Hearing The Board scheduled a work session to consider school siting issues in Rural Settlements, and they continued the public hearing until December 4, 2007 • November 27, 2007: BCC Work Session on School Siting in Rural Settlements • December 4, 2007: BCC Second Hearing The applicant requested a continuance and the Board continued the public hearing until February 19, 2008

  36. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Evans Replacement High School PD Land Use Plan dated “Received August 31, 2007,” subject to the four (4) conditions as stated in the Planning and Zoning Recommendations of the staff report:

  37. Board of County Commissioners P&Z Recommendation 1. Development shall conform to Evans Replacement High School PD Land Use Plan dated “Received August 31, 2007” 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 August 31, 2007,” the condition of approval shall control to the extent of such conflict or inconsistency.

  38. Board of County Commissioners P&Z Recommendation 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 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. The developer shall obtain wastewater service from Orange County Utilities. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

  39. Board of County Commissioners PUBLIC HEARING

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