Board of County Commissioners PUBLIC HEARING March 9, 2010.

Board of County Commissioners

PUBLIC HEARINGMarch 9, 2010


Project : Beck Property Planned Development - BeckProperty (NKA Mabel Bridge) Preliminary Subdivision Plan & The First Amendment to Beck Property PD Development APF Agreement (Lakeside Village) Substantial Change

District #: 1

Request: To consider a substantial change to the Beck Property Planned Development - Beck Property (NKA Mabel Bridge) Preliminary Subdivision Plan & The First Amendment to Beck Property PD Development APF Agreement (Lakeside Village) to reconfigure lots, re-align Main Spine Road and relocate pond and retention tracts.


Beck Property PD/Beck Property (NKA Mabel Bridge) PSP

Location Map


Beck Property PD/Beck Property (NKA Mabel Bridge)

PreliminarySubdivisionPlan


Approve the Beck Property Planned Development - Beck Property (NKA Mabel Bridge) Preliminary Subdivision Plan and The First Amendment to Beck Property PD Development APF Agreement (Lakeside Village) dated “Received December 28, 2009,” subject to eleven (11) conditions in the staff report.

Action Requested


1. Development shall conform to the Beck Property Planned Development; Orange County Board of County Commissioners (BCC) approvals; Beck Property Preliminary Subdivision Plan dated “Received December 28, 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 December 28, 2009” the condition of approval shall control to the extent of such conflict or inconsistency.

2. Prior to construction plan approval, a revised Master Utility Plan supporting the new utilities configuration shall be approved.

3. The CC&R’s shall note that a sanitary sewer pump station is located adjacent to lot 129. This portion of the CC&R’s shall not be modified without approval by the Board of County Commissioners.

DRC Recommendations


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.

5. 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.

6. Roads and drainage system, including the retention pond will be owned and maintained by Orange County with an MSBU established for stormwater system functionality. Routine maintenance, including mowing above and beyond the frequency provided by the County, shall be responsible for the Home Owners’ Association.

7. Reams Road right-of-way shall be conveyed at the time of platting of Phase 1.

DRC Recommendations Cont’d.


8. Pedestrian pathways shall be owned and maintained by the HOA and shall be accessible during all school hours.

9. The CC&R’s shall include a disclosure statement acknowledging that a public elementary school may be constructed at a site adjacent to the subdivision.

10. At the time of approval of a plat for a single-family residential unit project, the developer shall have prepared and submitted for review a document containing covenants, conditions, and restrictions (CC&R’s) for the property being platted. The CC&R’s, which shall be recorded simultaneously with the recording of the plat, shall include a provision incorporating, verbatim, the following requirements:

a. The same front facade for single-family residential units may not be repeated more than 5 times within 1 block length for both sides of any street, and shall be separated by at least 2 units with different facades. b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front facade of the main body of the house shall not exceed 40 feet in length, except



for wings or "L"s which are set back from the facade. In no case shall more than 50 percent of the front facade of a house consist of an unobstructed block wall or garage door. c. At least 50 percent of all single-family residential units shall have a front porch. A front porch shall be a minimum of 7 feet in depth and cover a minimum of 1/3 of the front facade. d. Flat roofs shall be prohibited. e. Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be located within 3 feet of the sidewalk to define the separation of public and private spaces. Such fences shall be no higher than 3 feet 6 inches and limited to decorative wrought iron or wood picket style. The provisions of the CC&R’s incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the BCC’s sole discretion, and the CC&R’s shall contain a statement to that effect. Furthermore, the CC&R’s shall provide that the homeowner's association and any person owning property in the



development have the right to enforce these requirements in the event they are violated. Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces Orange County ordinances and regulations.

11. All previous applicable conditions of approval dated December 5, 2006, shall apply:a. Development shall conform to the Beck Property PD; Orange County Board of County Commissioners' (BCC) approvals; Beck Property PSP; dated "Received August 23, 2006"; 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.



This PSP approval automatically expires on December 5, 2007, in accordance with the Orange County Subdivision Regulations as amended.

THIS CONDITION HAS BEEN MODIFIEDb. 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 BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have reasonably induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the BCC by the applicant (or his or her authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved.



c. Prior to construction plan approval, a master stormwater plan shall be submitted to the Development Engineering Division for review and approval.d. Unless a Conservation Area Impact Permit is approved by the County prior to construction plan approval, no conservation area encroachments are permitted.THIS CONDITION HAS BEEN MODIFIEDe. 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 (EPD), NPDES Administrator. The original NOI form shall be sent to the State of Florida Department of Environmental Protection.f. Prior to platting, a Municipal Services Taxing Unit (MSTU) shall be established for the operation and maintenance of secondary and connector trails.



g. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with approved master utility plans for this PD.h. Pursuant to state law, all undeveloped lots abutting the wastewater lines constructed as part of this approval shall be required to connect to said wastewater lines as a condition of developing said lots. In consultation with the State of Florida Department of Health, the EPD, and the Orange County Attorney's Office, Orange County Utilities has determined that existing lots currently served by on-site sewage treatment and disposal systems shall be permitted to continue to utilize said systems and not be required to connect to wastewater lines unless the on-site sewage treatment and disposal system fails or unless water quality problems occur in the area.i. 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 PSP 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.j. 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.k. A Municipal Services 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 BCC shall be the sole responsibility of the developer.l. Prior to issuance of Certificate of Completion, a turnaround at the southern terminus of Lake Mable Drive shall be provided suitable to accommodate school board and utility traffic.



Project : Eagle Creek Planned Development - Eagle Creek Village D Preliminary Subdivision Plan (Lot Layout Plan) - Substantial Change

District #: 4

Request: To consider a substantial change to the Eagle Creek Planned Development - Eagle Creek Village D Preliminary Subdivision Plan (Lot Layout Plan) to reduce the front yard setback from 20 feet to no more than 16 feet for the corner townhome lots 121, 122, 147, 148, 162, and 168.


Eagle Creek PD/ Eagle Creek Village D PSP

Location Map


Eagle Creek PD/Eagle Creek Village D

PreliminarySubdivisionPlan


Approve the Eagle Creek Planned Development – Eagle Creek Village “D” Preliminary Subdivision Plan (Lot Layout Plan) dated “Received January 14, 2010,” subject to three (3) conditions in the staff report.

Action Requested


1. Development shall conform to the Eagle Creek Planned Development; Orange County Board of County Commissioners (BCC) approvals; Eagle Creek Village D Preliminary Subdivision Plan dated “Received January 14, 2010; 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 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 January 14, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

2. Variance granted from CH. 38-79(20)(p) to reduce the front building setback from 20’ to no more than 16’ for corner lots 121, 122, 147, 148, 162 & 168 to accommodate the final design/turning radius of the subdivision roadways.

DRC Recommendations


3. All previous applicable conditions of approval dated February 26, 2008, shall apply:a. Development shall conform to the Eagle Creek Planned Development; Orange County Board of County Commissioners (BCC) approvals; Eagle Creek Village D Preliminary Subdivision Plan dated “Received November 16, 2007”; 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 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 November 16, 2007," the condition of approval shall control to the extent of such conflict or inconsistency.THIS CONDITION HAS BEEN MODIFIED



b. 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. c. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with approved master stormwater and utility plans for this PD.



d. This project shall be a gated community and shall comply with the minimum requirements of the Gated Community Ordinance, Orange County Code Sections 34-280, 34-290, and 34-291, as they may be amended from time to time. In addition to complying with those minimum requirements, the declaration of covenants, conditions and restrictions required to be recorded simultaneous with the recording of the plat shall include terms requiring the establishment and maintenance of a fifth HOA account for the cost of storm debris removal from the subdivision infrastructure, consistent with the terms relating to the other four HOA accounts set forth in Section 34-290(8)a-d; and with respect to such fifth HOA account, the declaration shall provide requirements, restrictions, terms, conditions, and limitations consistent with the terms relating to the other four HOA accounts set forth in Section 34-291. Furthermore, prior to turning over control of the infrastructure to the HOA, the developer shall pre-fund this fifth HOA account in an amount sufficient to cover the estimated cost of debris removal for a single hurricane, which amount shall be approved by the County Engineer.



e. 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. f. Short-term rentals shall be prohibited.



Project : The Shoppes of Union Park PD/LUP -Substantial Change

Applicant: Tuan Huynh District #: 5

Request: To consider a substantial change to the approvedThe Shoppes of Union Park Planned Development/ Land Use Plan (PD/LUP) to increase the overall area for Phase 1 (Commercial) and decrease the overall area for Phase II (Residential). The acreage for Phase I shall increase from 1.24 acres to 2.76 acres. The acreage for Phase II shall decrease from 8.96 acres to 7.44 acres.


Zoning Map


Future Land Use Map


The Shoppes of Union Park

LandUse Plan


Action Requested

Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved The Shoppes of Union Park PD/LUP dated “Received December 7, 2009,” subject to the four (4) conditions in the staff report.


1. Development shall conform to the Shoppes at Union Park PD Land Use Plan dated “Received January 23, 2009 December 7, 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 December 7, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

DRC 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. Commercial development shall be limited to 17,000 gross square feet.



4. All previous Conditions of Approval from the June 9, 2009, BCC hearing shall apply:a. 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.b. The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities.c. 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.d. Outdoor storage and display shall be prohibited.e. New billboards and pole signs are prohibited. Ground and fascia signs shall comply with Ch. 31.5.



f. The CC&R's shall include language that at least one owner/resident shall be at least 55 years of age or older, and in no case shall there be any residents 18 years or under. In the event this project becomes market rate housing, it shall be deemed a substantial change and a Capacity Enhancement Agreement and compliance with school currency may be required.



Project : Sweetwater Golf & Country Club PD/LUP Substantial Change

Applicant: Javier Omana

District #: 2


Request: To consider a substantial change to the approvedSweetwater Golf & Country Club Planned Development/Land Use Plan (PD/LUP) to:

(1) Increase the height from 40 feet/ 3 stories to 99 feet/ 7 stories;

(2) To increase the clubhouse square footage from 77,000 to 130,000;

(3) To increase the number of multi-family units from 75 to 127; and (4) To grant a waiver from Section 38-1258 to allow the setback for the 7-story/

99-foot high building to be 125 feet from single-family residential in lieu of 150 feet.


Zoning Map


Future Land Use Map


Sweetwater Golf & Country Club

LandUse Plan


Action Requested

Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Sweetwater Golf & Country Club PD/LUP dated “Received January 21, 2010,” subject to the five (5) conditions in the staff report.


1. Development shall conform to the Sweetwater Golf & Country Club PD Land Use Plan dated “Received January 16, 2009 January 21, 2010,” 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 16, 2009 January 21, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

DRC 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. A waiver from Section 38-1258(d) is granted to allow a maximum building height of 7 stories/99 feet in lieu of 3 stories / 40 feet.

4. A waiver from Section 38-1258(c) is granted to allow for a 7 story / 99-foot multi-family/clubhouse building within 150' of single-family residential.



5. All previous Conditions of Approval from the March 10, 2009, BCC hearing shall apply:a. Outdoor storage and display shall be prohibited.b. Billboards and pole signs shall be prohibited.c. In the event that the golf course or any portion of the golf course is ever closed and proposed for redevelopment or the number of unit exceeds 580 units, such proposals shall be deemed a substantial change to the Planned Development necessitating a public hearing and approval by the Board of County Commissioners.d. Prior to platting, the applicant shall submit a Comprehensive Policy Plan amendment to change the Future Land Use Map on the southern portion of the golf course from low density residential to Park / Open Space / Golf Course.



e. A waiver from Section 38-1258(e) is granted to allow the existing parking and other paved areas of Multi-Family to be located nine (9) feet from any Single-Family zoned property in lieu of twenty-five (25) feet.f. A waiver from Section 38-1258(g) is granted to allow the existing main access point through residential development to remain.



PUBLIC HEARING

Board of County Commissioners PUBLIC HEARING March 9, 2010.

Documents

Transcript of Board of County Commissioners PUBLIC HEARING March 9, 2010.