Board of County Commissioners PUBLIC HEARING October 3, 2009.

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARINGOctober 3, 2009October 3, 2009

Board of County Commissioners Board of County Commissioners

District #: 3

Case #: RZ-08-05-030

Applicant: Jim Hall for Rio Pinar Country Club PD

Request: R-1AA (Single-Family Dwelling District) to PD (Planned Development District)

Proposed Use: Residential - up to fifty (50) townhome units Golf Club - nine (9) hole golf course, 30,000 sq. ft. clubhouse, pro shop, cart barn, and

associated recreational amenities, including a swimming pool and tennis club

District #: 3

Case #: RZ-08-05-030

Applicant: Jim Hall for Rio Pinar Country Club PD

Request: R-1AA (Single-Family Dwelling District) to PD (Planned Development District)

Proposed Use: Residential - up to fifty (50) townhome units Golf Club - nine (9) hole golf course, 30,000 sq. ft. clubhouse, pro shop, cart barn, and

associated recreational amenities, including a swimming pool and tennis club


RZ-08-05-030

Zoning Map

RZ-08-05-030

Zoning Map


RZ-08-05-030

FutureLandUse Map

RZ-08-05-030

FutureLandUse Map


Rio Pinar Country Club

LandUsePlan


DRC RecommendationDRC RecommendationDRC RecommendationDRC Recommendation Make a finding of consistency with the

Comprehensive Plan and Approve the PD zoning

subject to the following conditions:


DRC Conditions of ApprovalDRC Conditions of ApprovalDRC Conditions of ApprovalDRC Conditions of Approval1. Development shall conform to the Rio Pinar Country Club PD Land Use

Plan dated “Received July 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 July 7, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.


DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval 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 water and wastewater service from Orange County Utilities.

4. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the first PSP/DP. The MUP must be approved prior to Construction Plan approval.


DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.5. Billboards and pole signs shall be prohibited. Ground and fascia signs

shall comply with Ch. 31.5.

6. While the clubhouse building will not exceed 35 feet / 2 stories, a waiver from Section 38-1272(5) is granted to allow the height of the clubhouse architecture to be 75 feet.

7. A waiver from Section 38-1272(3) is granted to allow a 10-foot building setback between the clubhouse and the proposed townhomes in lieu of 25 feet.

8. The following Education Condition of Approval shall apply:

a. The Developer shall comply with all provisions of Capacity Enhancement Agreement (CEA) 08-004, entered into with the Orange

County School Board (and Orange County) as of September 10, 2008.


DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.

b. Upon the County’s receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing

building permits for any residential units in excess of the zero (0) residential units allowed under the zoning existing prior to the approval of the PD zoning. The County shall again begin issuing building permits upon Orange County Public Schools’ written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, 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.

c. The Developer, or its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, 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 the developer’s rights.



d. Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement.

e. 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.

9. In the event the applicant proposes to convert Townhomes to Condominiums, it shall be deemed a Substantial Change and a Neighborhood Meeting, as well as a BCC Public Hearing, shall be required.


P&ZC RecommendationP&ZC RecommendationP&ZC RecommendationP&ZC Recommendation Make a finding of consistency with the

Comprehensive Plan and approve the PD zoning, subject to nine (9) conditions.


Action RequestedAction RequestedAction RequestedAction RequestedFind the request consistent with the Comprehensive

Policy Plan and approve the Rio Pinar Country Club

PD Land Use Plan dated “Received July 7, 2009,”

subject to the nine (9) conditions as stated in the

Planning and Zoning Recommendations of the staff

report.


District #: 5

Case #: RZ-08-09-066

Applicant: William Burkett for Collegiate Village PD

Request: R-3 (Multi-Family Dwelling District) and

PD (Planned Development District) to PD (Planned Development District)

District #: 5

Case #: RZ-08-09-066

Applicant: William Burkett for Collegiate Village PD

Request: R-3 (Multi-Family Dwelling District) and

PD (Planned Development District) to PD (Planned Development District)


Proposed Use: Residential: Student and/or Senior Housing Student Housing: up to 350 units (1,400 beds) Senior Housing: up to 688 units

Hotel: up to 123 rooms Commercial: up to 99,900 sq. ft. (C-1 uses) Office: up to 200,000 sq. ft.

Proposed Use: Residential: Student and/or Senior Housing Student Housing: up to 350 units (1,400 beds) Senior Housing: up to 688 units

Hotel: up to 123 rooms Commercial: up to 99,900 sq. ft. (C-1 uses) Office: up to 200,000 sq. ft.


RZ-08-09-066

Zoning Map

RZ-08-09-066

Zoning Map


RZ-08-09-066

FutureLandUse Map

RZ-08-09-066

FutureLandUse Map


Collegiate Village

LandUsePlan


DRC RecommendationDRC RecommendationDRC RecommendationDRC Recommendation Make a finding of consistency with the

Comprehensive Plan and Approve the PD zoning

subject to the following conditions:


DRC Conditions of Approval DRC Conditions of Approval DRC Conditions of Approval DRC Conditions of Approval 1. Development shall conform to the Collegiate Village PD Land Use Plan

dated “Received August 11, 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 August 11, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.


DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval 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. 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 permit any proposed conservation impacts.



4. Billboards and new pole signs shall be prohibited. Ground and fascia signs shall comply with the Master Sign Plan.

5. Outdoor storage and display shall be prohibited.

6. Excess parking shall not exceed 110% above the minimum required per Code.

7. The Developer shall obtain water and wastewater service from Orange County Utilities.

8. The applicant must apply for and obtain a capacity encumbrance letter or vested rights certificate 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 land use plan shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate.



9. The CC&Rs for senior housing 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 (CEA) and compliance with school concurrency may be required.

10. All previous applicable Conditions of Approval shall apply.

11. A waiver from Section 38-1272(5) is granted to allow a maximum building height of seventy-five (75) feet for the commercial and a maximum building height of one hundred fifty (150) feet for the office in lieu of fifty (50) feet.

12. A waiver from Section 38-1254(1) is granted to allow a reduction of the PD boundary setback to ten (10) feet in lieu of twenty-five (25) feet.


DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.DRC Conditions of Approval Cont’d.13. A waiver from Section 38-1258(d) is granted to allow a building height of

sixty-five (65) feet for senior housing in lieu of three (3) stories / forty (40) feet.

14. A waiver from Section 38-1476 is granted for senior housing to allow for a reduction of parking spaces to one (1) space per two (2) bedrooms in lieu of two (2) spaces per dwelling unit.

15. This project is approved for Student Housing or Senior Housing. In the event that this project is developed as Student Housing, the following waivers are approved:

a) A waiver from Section 38-1259(h) is granted to allow a height of sixty- five (65) feet for student housing in lieu of three (3) stories / forty (40) feet.

b) A waiver from Section 38-1259(c) is granted to allow fourteen hundred (1,400) beds in lieu of seven hundred fifty (750) total bedrooms.



c) A waiver from Section 38-1476 is granted to allow a reduction of parking spaces to one (1) space per bed in lieu of one and a quarter (1.25) spaces per bed.

d) A waiver from Section 38-1259(d) is granted to allow for decorative fencing and/or landscaping with a two (2) to three (3) foot optional knee wall along the right-of-way in lieu of the required six (6) foot high masonry wall, brick wall, or block wall, along a right-of-way.

e) A waiver from Section 38-1259(b) is granted to allow for a twenty-five (25) foot single-family separation with buffer, fence, or landscaping in lieu of four hundred (400) feet.


P&ZC RecommendationP&ZC RecommendationP&ZC RecommendationP&ZC Recommendation Make a finding of consistency with the

Comprehensive Plan and approve the PD zoning, subject to fifteen (15) conditions.


Action RequestedAction RequestedAction RequestedAction RequestedFind the request consistent with the Comprehensive

Policy Plan and approve the Collegiate Village PD

Land Use Plan dated “Received August 11, 2009,”

subject to the fifteen (15) conditions as stated in the

Planning and Zoning Recommendations of the staff

report.


PUBLIC HEARINGPUBLIC HEARING


PUBLIC HEARINGPUBLIC HEARINGOctober 3, 2009October 3, 2009


Project : Lake Hart PD/LUP Substantial Change

Applicant: Scott Gentry

District #: 4

Request: To consider a substantial change to the approvedLake Hart Planned Development/Land Use Plan (PD/LUP) to 1) Convert the current land use of an existing 4.29-acre planned right-of-way tract to Commercial, and 2) Grant a waiver from Section 38-1272(a)(3)(c) to allow for a reduction of the setback along S.R. 417 (Central Florida Greeneway) from 60 feet to 10 feet due to the linear shape of the property. .

Project : Lake Hart PD/LUP Substantial Change

Applicant: Scott Gentry

District #: 4

Request: To consider a substantial change to the approvedLake Hart Planned Development/Land Use Plan (PD/LUP) to 1) Convert the current land use of an existing 4.29-acre planned right-of-way tract to Commercial, and 2) Grant a waiver from Section 38-1272(a)(3)(c) to allow for a reduction of the setback along S.R. 417 (Central Florida Greeneway) from 60 feet to 10 feet due to the linear shape of the property. .


Zoning MapZoning Map


Future Land Use Map

Future Land Use Map


Lake Hart

LandUse Plan

Lake Hart

LandUse Plan


Action RequestedAction Requested

Find the request consistent with the Comprehensive

Policy Plan and approve the Substantial Change to the

approved Lake Hart PD/LUP dated “Received

September 23, 2009,” subject to the four (4)

conditions in the staff report.


1. Development shall conform to the Lake Hart PD Land Use Plan dated “Received September 23, 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 September 23, 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.

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


3. All previous applicable Conditions of Approval dated January 27, 2009, shall apply:

• Tree removal/earthwork shall not occur on any particular site 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.

• Outdoor sales and storage shall be prohibited (with the exception of the Industrial property).

• Billboard and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

• The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities, with the exception of the northwest portion of this PD above the Central Florida Greeneway, which will obtain water service from the Orlando Utilities Commission (OUC).



4. A waiver from Chapter 38-1272(a)(3)(c) is granted to reduce the required building setback along S.R. 417 (Central Florida Greeneway) from 60 feet to 10 feet, due to the linear shape of the property.



PUBLIC HEARINGPUBLIC HEARING

Board of County Commissioners PUBLIC HEARING October 3, 2009.

Documents

applicable county laws

development district

condition of approval

orange county utilities

following conditions

comprehensive plan

construction plan

pd zoning subject