Board of County Commissioners PUBLIC HEARING December 15, 2009.

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARINGDecember 15, 2009December 15, 2009

Board of County Commissioners Board of County Commissioners

Project : World Design Center Planned Development - World Design PSP

District #: 6

Proposed Use: 8 Industrial/Commercial lots: - Max. building height: 350 ft.

Project : World Design Center Planned Development - World Design PSP

District #: 6

Proposed Use: 8 Industrial/Commercial lots: - Max. building height: 350 ft.


World Design Center PD/ World Design Center PSP

Location Map

World Design Center PD/ World Design Center PSP

Location Map


World Design Center PD/ World Center

Preliminary SubdivisionPlan

World Design Center PD/ World Center

Preliminary SubdivisionPlan


Approve the World Design Center Planned

Development - World Design Center Preliminary

Subdivision Plan dated “Received September 21,

2009,” subject to the twelve (12) conditions in the staff

report.

Action RequestedAction RequestedAction RequestedAction Requested


1. Development shall conform to the World Design Center Planned Development; Orange County Board of County Commissioners (BCC) approvals; World Design Center Preliminary Subdivision Plan dated “Received September 21, 2009”; 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 county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (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 September 21, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

DRC RecommendationsDRC RecommendationsDRC RecommendationsDRC Recommendations


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. 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.

DRC Recommendations Cont’d.DRC Recommendations Cont’d.DRC Recommendations Cont’d.DRC Recommendations Cont’d.


4. 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.

5. Pole signs and billboards shall be prohibited. Ground and fascia signage shall comply with Sign Code (31.5).

6. Outdoor storage and display shall be prohibited.

7. The stormwater management system shall be designed to retain the 100-year/24-hour storm event onsite, unless documentation with supporting calculations is submitted, which demonstrates that a positive outfall is available. If the applicant can show the existence of a positive outfall for the subject basin, then the developer shall comply with all applicable state and local stormwater requirements and regulations. An emergency high water relief outfall shall be provided to assure overflow does not cause flooding of surrounding areas.



8. A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a "Letter of Commitment" prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer.



9. Roads will be owned and maintained by Orange County. The ownership and maintenance responsibility of the stormwater ponds will be retained by the Developer/Property Owners Association. Drainage Easements over all ponds will be granted to the County. A Municipal Service Benefit Unit (MSBU) set at $0.00 shall be established at time of platting, such that in the event the County finds that the Property Owners Association (POA) is not conducting adequate maintenance of the ponds to County standards, the County shall provide notice and opportunity to cure through the POA. If the cure is not completed in a timely fashion and to satisfaction of the County, an MSBU assessment shall be established to recover any and all County expenditures and create a fund for future maintenance costs.

10. A waiver from Chapter 34-171(2) is granted to allow the use of FDOT Type F or Type D vertical curb on medians in lieu of using mountable curb on medians.



11. Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with approved Master Utility Plan and Master Stormwater for this PD.

12. A reclaimed water distribution system for irrigation shall be installed to serve all parcels. Connection to the Orange County reclaimed water main along John Young Parkway shall be made within one year of notification of availability.



Project : Waterstone Planned Development -Waterstone Preliminary Subdivision Plan

Substantial Change

District #: 1

Request: To consider a substantial change to the

Waterstone Planned Development - Waterstone Preliminary Subdivision Plan to delete the clubhouse and swimming pool and to add 3 lots.

Project : Waterstone Planned Development -Waterstone Preliminary Subdivision Plan

Substantial Change

District #: 1

Request: To consider a substantial change to the

Waterstone Planned Development - Waterstone Preliminary Subdivision Plan to delete the clubhouse and swimming pool and to add 3 lots.


Waterstone PD/WaterstonePSP

Location Map

Waterstone PD/WaterstonePSP

Location Map


Waterstone PD/Waterstone

PreliminarySubdivisionPlan

Waterstone PD/Waterstone

PreliminarySubdivisionPlan


Approve the Waterstone Planned Development -

Waterstone Preliminary Subdivision Plan dated

“Received November 5, 2009,” subject to thirteen (13)

conditions in the staff report.

Action RequestedAction RequestedAction RequestedAction Requested


1. Development shall conform to the Waterstone Planned Development; Orange County Board of County Commissioners (BCC) approvals; Waterstone Preliminary Subdivision Plan dated “Received November 5, 2009,” 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 county 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 November 5, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.




3. 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 an ancillary use.



4. A waiver from Section 38-1408(f)(2) is granted to allow a maximum building height of 12 feet in lieu of 10 feet for the wall with columns.

5. 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 (CC&Rs). That portion of the CC&Rs shall not be modified without approval by the County.

6. 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.

7. 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.



8. The applicant must apply for and obtain a Capacity Encumbrance Letter (CEL) prior to construction plan submittal and must apply for and obtain a Capacity Reservation Certificate (CRC) prior to platting. However, nothing in this condition and nothing in the decision to approve this PSP shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a CEL or a CRC.

9. 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.

10. 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 and Wildlife Conservation Commission (FWC) will be provided to the EPD: 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.)



11. This project has a Right-of-Way Agreement, which has been previously executed, however, the design of the drainage system for C.R. 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 C.R. 535 improvements. The developer has agreed to coordinate his project with the design of C.R. 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.

12. This project shall comply with the requirements of Chapters 34 & 38 of the Orange County Code for recreation areas and park(s).

13. The CC&Rs shall specify the presence of the sanitary sewer lift station between lot 119 and lot 120.



Project : Stillwater Crossings and Center Bridge PD/LUP - Substantial Change

Applicant: Olan Hill

District #: 1

Project : Stillwater Crossings and Center Bridge PD/LUP - Substantial Change

Applicant: Olan Hill

District #: 1


Request: To consider a substantial change to the approvedStillwater Crossings and Center Bridge Planned Development/Land Use Plan (PD/LUP) to allow for educational and civic uses in the Estate District on Parcel CB-16 with the following waivers:

1. Grant a waiver from Section 38-1385(a)(2) to permit certain structures and uses required to serve educational and civic uses (including churches) within Parcel CB-16, without a Special Exception,

2. Grant a waiver from Section 38-1385(b)(6) to allow for a building height of three (3) stories/forty (40) feet with an additional fifteen (15) feet in height only for turrets, towers, steeples, and spires for the church site only, and

3. Grant a waiver from Section 38-1385(b)(8) to permit a maximum lot coverage within Parcel CB-16 to be seventy percent (70%) in lieu of sixty-five percent (65%).

Request: To consider a substantial change to the approvedStillwater Crossings and Center Bridge Planned Development/Land Use Plan (PD/LUP) to allow for educational and civic uses in the Estate District on Parcel CB-16 with the following waivers:

1. Grant a waiver from Section 38-1385(a)(2) to permit certain structures and uses required to serve educational and civic uses (including churches) within Parcel CB-16, without a Special Exception,

2. Grant a waiver from Section 38-1385(b)(6) to allow for a building height of three (3) stories/forty (40) feet with an additional fifteen (15) feet in height only for turrets, towers, steeples, and spires for the church site only, and

3. Grant a waiver from Section 38-1385(b)(8) to permit a maximum lot coverage within Parcel CB-16 to be seventy percent (70%) in lieu of sixty-five percent (65%).


Zoning MapZoning Map


Future Land Use Map

Future Land Use Map


Stillwater Crossings & Center Bridge

LandUse Plan

Stillwater Crossings & Center Bridge

LandUse Plan


Action RequestedAction Requested

Find the request consistent with the Comprehensive

Policy Plan and approve the Substantial Change to the

approved Stillwater Crossings and Center Bridge

PD/LUP dated “Received October 19, 2009,” subject to

the thirteen (13) conditions in the staff report.


3. A waiver from Section 38-1385(a)(2) is granted to permit certain structures and uses required to serve educational and civic uses (including churches) within Parcel CB-16, without a Special Exception.

4. A waiver from Section 38-1385(b)(6) is granted to allow for a building height of three (3) stories / forty (40) feet with an additional fifteen (15) feet in height only for turrets, towers, steeples, and spires for the church site only on Parcel CB-16.

5. A waiver from Section 38-1385(b)(8) is granted to permit a maximum lot coverage for both lots in Parcel CB-16 to be seventy percent (70%) in lieu of sixty-five percent (65%).



6. The total required number of off-street parking spaces (paved plus unpaved/grass) shall be in accordance with Section 38-1476 of the County Code for Assembly Places Containing Fixed Seats. The maximum number of paved parking spaces shall not exceed 110 percent of the total required number of spaces. The minimum number of paved parking spaces shall be the greater value determined according to the off-street parking requirement specified by Section 38-1476 of the County Code based on (1) twenty percent of the total spaces required for Assembly Places Containing Fixed Seats, or (2) the combined total spaces required for daily church functions such as Day Care or Office uses. Driveway isles to provided and required unpaved/grass parking spaces must be paved. Provided and required unpaved/grass parking areas shall be designed to accommodate the interior landscaping criteria outlined in Section 24-4(a)(3)(d) of the County Code which requires a maximum of ten (10) continuous parking spaces without a landscape break. *



7. All Parcel CB-16B buildings and the Parcel CB-16A proposed Worship Center building (as depicted on the Concept Plan dated “Revised August 6, 2009”) shall be located along the minimum setback lines from adjacent right-of-ways. The Parcel CB-16B Flex Worship Center building (as depicted on the Concept Plan dated “Revised August 6, 2009”) shall be located within thirty (30) feet of the minimum setback line from CR535, and the area between this building and the setback line shall only include crosswalks and landscaping. In no case shall there be parking, drive aisles, or any other driveway improvements within the thirty (30) feet of the CR535 setback line. *

8. The relocated greenbelt on Parcel CB-27 shall be kept undisturbed to the greatest extent possible. *

9. The developer shall exceed the minimum landscaping required along the right-of-ways, around the buildings’ perimeters, and the parking landscape islands. *



10. A southbound left turn lane shall be constructed in conjunction with the full access driveway connection to CR 535.*

* THESE CONDITIONS WERE AGREED TO AT THE COMMUNITY MEETING.

11. All previous applicable Conditions of Approval dated July 18, 2006, shall apply:

a. A waiver from Orange County Code Section 38-1389(c)(3) shall be granted for height; to increase the height in the Village Center from 40 feet to 55 feet.

b. A waiver from Orange County Code Section 38-1389(b)(c) shall be granted for ground floor residential to allow the buildings along the main Village Center roadway to have residential on the ground floor.

c. A waiver from Orange County Code Section 38-1389(c)(3)g shall be granted for setbacks as follows: 70 percent of primary building face no greater than 30 feet;40 percent of primary building face no greater than 16 feet; no primary building face shall be set closer than 6 feet from edge of right-of-way; and no primary building face shall be greater than 40 feet from edge of right-of-way.



12. All previous applicable Conditions of Approval dated August 2, 2005, shall apply:

a. The following Education Condition of Approval shall apply: The project contains 563 units (the "Unvested Units") that are subject to the County's school capacity policy (aka the "Martinez Initiative"). The developer has contracted with McKinney Groves General Partnership ("McKinney Groves"), one of the members of the Lakeview MS consortium, to acquire school rights/credits established under the Capacity Enhancement Agreement (CEA) by and between McKinney Groves and the School Board, dated September 1, 2005. The number of school rights/credits equals or exceeds the number of Unvested Units. The County shall not record a plat for any of the Unvested Units until it receives notice from Orange County Public Schools (OCPS) that the developer has closed on the acquisition of the school credits from McKinney Groves. Developer shall comply with all provisions of the CEA. Upon the County's receipt of written notice from OCPS that the developer is in default or breach of the CEA, the County shall immediately cease issuing building permits for any Unvested Units.



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 the act of ceasing the County's issuance of residential building permits. 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.



13. All previous applicable Conditions of Approval dated July 27, 1999, shall apply:

a. Billboards and pole signs shall be prohibited.

b. Commercial uses shall be limited to Section 38-1388 and Section 38-1389 of the Orange County Code, respectively.

c. Master wastewater, water, and reclaimed water plans for the Stillwater Crossings/Center Bridge Neighborhoods, sized for the village-wide requirements, shall be approved prior to approval of construction plans.



j. Approval of the Stillwater Crossings and Center Bridge Neighborhood Planned Development within the Village of Bridgewater Development Agreement.


Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARING

Board of County Commissioners PUBLIC HEARING December 15, 2009.

Documents

Transcript of Board of County Commissioners PUBLIC HEARING December 15, 2009.