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2011-2 Regular Cycle Adoption Public Hearing December 6, 2011

Board of County Commissioners. 2011-2 Regular Cycle Adoption Public Hearing December 6, 2011. Today’s Amendments. 2011-2 Regular Cycle Privately-Initiated Future Land Use Map Amendments Staff-Initiated Future Land Use Map and Comprehensive Plan Text Amendments.

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2011-2 Regular Cycle Adoption Public Hearing December 6, 2011

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  1. Board of County Commissioners 2011-2 Regular Cycle Adoption Public Hearing December 6, 2011

  2. Today’s Amendments • 2011-2 Regular Cycle • Privately-Initiated Future Land Use Map Amendments • Staff-Initiated Future Land Use Map and Comprehensive Plan Text Amendments

  3. Florida Department of Economic Opportunity (DEO) Comments The 2011-2 Regular Cycle Amendments have been reviewed by state and regional reviewing agencies. The Florida Department of Economic Opportunity (DEO) issued a comment letter on October 12, 2011 that did not contain any concerns about the proposed amendments.

  4. Today’s Amendments • 2011-2 Regular Cycle • Privately-Initiated Future Land Use Map Amendments • Staff-Initiated Future Land Use Map and Comprehensive Plan Text Amendments

  5. Board of County Commissioners2011-2 Regular Cycle Expedited Privately Initiated Amendment

  6. 2011-2-A-1-1Location map

  7. 2011-2-A-1-1Aerial

  8. 2011-2-A-1-1Future Land Use

  9. 2011-2-A-1-1 Zoning

  10. 2011-2-A-1-1Analysis • Staff Analysis • Policy FLU1.4.1 promotes a range of living environments and employment opportunities in order to achieve a stable and diversified population and community • Property is compatible with the mix of uses in the area and would complement the single family residential • An assisted living facility would be an asset to the community as the population ages

  11. 2011-2-A-1-1Staff Recommendation • Make a finding of consistency with the Comprehensive Plan, determine that the amendment is in compliance, and APPROVE adoption of the PD-ALF Comprehensive Plan amendment pursuant to findings of consistency with Policy FLU1.1.1; Policy FLU1.4.1; Policy FLU5.12.2; Objective FLU8.2; Policy FLU8.6.13; Goal H1; and Policy H1.3.8 of the Comprehensive Plan • LPA Recommendation: Adopt

  12. Board of County Commissioners2011-2 Regular Cycle Privately Initiated Amendment

  13. 2011-2-A-1-2Location map

  14. 2011-2-A-1-2Aerial

  15. 2011-2-A-1-2Future Land Use

  16. 2011-2-A-1-2 Zoning

  17. 2011-2-A-1-2Staff Analysis • Comprehensive Plan Consistency • Revised application addressed many of the policy issues in the original staff report • Some policy issues remain • Primary outstanding issues relate to policies FLU1.4.6, FLU1.4.7, FLU1.4.15 and FLU6.2.10

  18. 2011-2-A-1-2Staff Analysis • Comprehensive Plan Consistency • Policy FLU1.4.6 – references the size (in gross leasable area and acreage) for neighborhood centers • The revised development program (40,000 square feet of commercial/office and 9,999 additional square feet of office) exceeds the guidance criteria in FLU1.4.6

  19. 2011-2-A-1-2Staff Analysis • Comprehensive Plan Consistency • Policy FLU1.4.15 – “Commercial uses within Rural Settlements shall be in compliance with Future Land Use Policies 6.2.9 and 6.2.10.” • Proposal is consistent with the FLU6.2.9 floor area ratio (FAR) of 0.15 (proposal is 0.12).

  20. 2011-2-A-1-2Staff Analysis • Comprehensive Plan Consistency • Policy FLU6.2.10 – Criteria for neighborhood commercial in Rural Settlements: • Uses shall be located to serve the residents of the rural area and not primarily to attract “pass-by” trips • Uses shall contain retail and personal services intended to serve the immediate population

  21. 2011-2-A-1-2Staff Analysis • Compatibility • Site’s location would tend to minimize conflict with surrounding land uses • Compatibility criteria addressing specific uses, site and building design, transportation access, and signage have been addressed through the PD-LUP • The applicant has significantly altered their original proposal, and requirements have been included in the PD-LUP to address compatibility issues

  22. 2011-2-A-1-2Staff Recommendation • Make a finding of inconsistency with the Comprehensive Plan, determine that the amendment is not in compliance, and DENY adoption of the PD-C/O (RS) amendment (see Future Land Use Element Policies FLU1.4.6, FLU1.4.7, FLU1.4.15, and FLU6.2.10 of the Comprehensive Plan) • LPA Recommendation: Adopt

  23. Board of County Commissioners

  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 fifteen (15) conditions P&Z Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to eighteen (18) 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.) 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.) 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.) • 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-thrus 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.

  32. Board of County Commissioners DRC Conditions of Approval (cont.) 12. 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. 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.

  33. Board of County Commissioners DRC Conditions of Approval (cont.) 16.The text of the Land Use Plan controls in the event of a conflict with the graphics. 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 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.

  35. Today’s Amendments • 2011-2 Regular Cycle • Privately-Initiated Future Land Use Map Amendments • Staff-Initiated Future Land Use Map and Comprehensive Plan Text Amendments

  36. Board of County Commissioners2011-2 Regular Cycle Expedited Staff Initiated Amendment Staff Recommendation: Adopt LPA Recommendation: Adopt

  37. 2011-2-B-FLUM-1Staff-Initiated Future Land Use Map Amendment

  38. 2011-2-B-FLUM-1Staff-Initiated Future Land Use Map Amendment

  39. Board of County Commissioners2011-2 Regular Cycle Expedited Staff Initiated Amendment Staff Recommendation: Adopt LPA Recommendation: Adopt

  40. 2011-2-B-FLUM-2Staff-Initiated Future Land Use Map Amendment

  41. 2011-2-B-FLUM-2Staff-Initiated Future Land Use Map Amendment

  42. Board of County Commissioners2011-2 Regular Cycle Expedited Staff Initiated Amendment Staff Recommendation: Adopt 2011-2-A-1-1 Do Not Adopt 2011-2-A-1-2 LPA Recommendation: Adopt

  43. Future Land Use Element Policy FLU8.1.4

  44. Board of County Commissioners2011-2 Regular Cycle Expedited Staff Initiated Amendment Staff Recommendation: Adopt LPA Recommendation: Adopt

  45. 2011-2-B-CONS-1Policy Revisions C1.2.16: Orange County shall develop a street sweeping plan that addresses the routine collection and disposal of nutrient laden leaf litter, sediment, trash and other debris within Orange County. When applicable the street sweeping plan shall take into account any Total Maximum Daily Load, Basin Management Action Plan (BMAP), or National Pollution Discharge Elimination System (NPDES) requirements. In order to prevent these materials from entering the stormwater systems that drain to our surface waters, the activities should be performed at a minimum frequency of monthly for commercial/industrial areas and bi weekly in residential areas. 

  46. Action Requested Ordinance – 2011-2 Regular Cycle Amendments Make of finding of consistency with the Comprehensive Plan, determine that the amendments are in compliance, and recommend adoption of an Ordinance – consistent with today’s actions – approving the proposed Future Land Use Map and Text Amendments to the Board of County Commissioners (BCC) LPA Recommendation Transmit the findings of consistency with the Comprehensive Plan as a body via Ordinance – consistent with today’s actions

  47. Board of County Commissioners 2011-2 Regular Cycle Adoption Public Hearing December 6, 2011

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