Board of County Commissioners PUBLIC HEARING February 19, 2008

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARINGFebruary 19, 2008February 19, 2008

Board of County Commissioners 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 (includinghotel) – up to 50,000 square feet of touristcommercial space.

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 (includinghotel) – up to 50,000 square feet of touristcommercial space.


RZ-07-09-080

Zoning

RZ-07-09-080

Zoning


RZ-07-09-080

Future LandUse

RZ-07-09-080

Future LandUse


RZ-07-09-080

Tourist Commercial District

RZ-07-09-080

Tourist Commercial District


RZ-07-09-080

Tourist Commercial District Detail

RZ-07-09-080

Tourist Commercial District Detail


Downey SR 535 Commercial

Land UsePlan

Downey SR 535 Commercial

Land UsePlan


Action RequestedAction 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.

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.


PUBLIC HEARINGPUBLIC HEARING




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 wherebyall of Parcel 2 would be within the limits of the subdivision for a total of approximately 187 developable acres.

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 wherebyall of Parcel 2 would be within the limits of the subdivision for a total of approximately 187 developable acres.


Previous BCC ActionPrevious BCC Action

On May 24, 2005, BCC approved the Lake Reams

Neighborhood PD/Sharpe Property Preliminary

Subdivision Plan subject to twelve (12) conditions.

On May 24, 2005, BCC approved the Lake Reams


Subdivision Plan subject to twelve (12) conditions.


Lake Reams Neighborhood PD/Sharpe Property PSP

Location Map

Lake Reams Neighborhood PD/Sharpe Property PSP

Location Map


Lake Reams Neighborhood PD/ Sharpe Property

Preliminary Subdivision Plan

Lake Reams Neighborhood PD/ Sharpe Property



Action RequestedAction Requested

Approve the substantial change to the Lake Reams


Subdivision Plan dated “Received October 24,

2007,” subject to the three (3) conditions in the

staff report.

Approve the substantial change to the Lake Reams


Subdivision Plan dated “Received October 24,

2007,” subject to the three (3) conditions in the

staff report.


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 allowTracts A & C to be owned and maintainedby the Homeowners’ Association.

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 allowTracts A & C to be owned and maintainedby the Homeowners’ Association.


Previous BCC ActionPrevious BCC ActionPrevious BCC ActionPrevious BCC Action

On October 3, 2006, BCC approved the Marden

Road PD/Marden Road Preliminary Subdivision

Plan subject to seven (7) conditions.

On October 3, 2006, BCC approved the Marden


Plan subject to seven (7) conditions.


Marden Road PD/Marden Road PSP

Location Map

Marden Road PD/Marden Road PSP

Location Map


Marden Road PD/Marden Road


Marden Road PD/Marden Road



Action RequestedAction Requested

Approve the substantial change to the Marden


Plan dated “Received November 7, 2007,” subject

to the four (4) conditions in the staff report.

Approve the substantial change to the Marden


Plan dated “Received November 7, 2007,” subject

to the four (4) conditions in the staff report.






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) toPD (Planned Development District)

Proposed Use: Evans Replacement High School - 350,000 sq. ft.

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) toPD (Planned Development District)

Proposed Use: Evans Replacement High School - 350,000 sq. ft.


Clarcona Rural Settlement

Clarcona Rural Settlement


Clarcona Rural Settlement Detail

Clarcona Rural Settlement Detail


RZ-07-07-051

Future LandUse

RZ-07-07-051

Future LandUse


RZ-07-07-051

Zoning

RZ-07-07-051

Zoning


Evans Replacement High School

Land Use Plan

Evans Replacement High School

Land Use Plan


Comprehensive Policy Plan ConsistencyComprehensive Policy Plan ConsistencyComprehensive Policy Plan ConsistencyComprehensive 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.

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.

Zoning Categories Elementary Schools Permitted Use Special Exception USA All Residential Districts, PD N/A Rural Settlement PD All Residential Districts Rural Service Area PD N/A Middle Schools Permitted Use Special Exception USA R-2, R-3, PD All Other Residential Districts Rural Settlement PD All Residential Districts Rural Service Area PD N/A High Schools Permitted Use Special Exception USA C-1, C-2, C-3, I-1A, I-1/I-5, I-2/I-3, I-4, PD All Residential DistrictsRural Settlement PD All Residential/Non-Residential

DistrictsRural Service Area PD N/A



Consistency with School Siting Ordinance and FLU PoliciesConsistency 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.

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.


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.

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.

Consistency with School Siting Ordinance and FLU Policies (cont.)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.

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.

Consistency with School Siting Ordinance and FLU Policies (cont.)Consistency with School Siting Ordinance and FLU Policies (cont.)


ChronologyChronology 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 buffer1,696 residents notifiedapproximately 75 people in attendance

January 14, 2008: 3,000 ft. notification buffer1,695 residents notifiedapproximately 200 people in attendance

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 buffer1,696 residents notifiedapproximately 75 people in attendance

January 14, 2008: 3,000 ft. notification buffer1,695 residents notifiedapproximately 200 people in attendance


September 20, 2007: P&Z Recommended approval of LUP

October 9, 2007: BCC First HearingThe 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

September 20, 2007: P&Z Recommended approval of LUP

October 9, 2007: BCC First HearingThe 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

Chronology (cont.)Chronology (cont.)


Action RequestedAction 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:

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:


P&Z RecommendationP&Z Recommendation1. 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.

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.


P&Z Recommendation Cont’d.P&Z Recommendation 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. The developer shall obtain wastewater service from Orange County Utilities.

4. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

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 developer shall obtain wastewater service from Orange County Utilities.

4. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.



Documents

Board of County Commissioners PUBLIC HEARING February 19, 2008