Board of County Commissioners

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Board of County Commissioners

PUBLIC HEARING
October 27, 2009
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District 1 Case RZ-09-06-016 Applicant
John Adams for Lake Austin PD (AKA Grande
Palisades Resort DRI) Request A-1 (Citrus
Rural District), A-2 (Farmland Rural
District), and PD (Planned Development
District) to PD (Planned Development
District)
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Proposed Use Development in accordance with
the approved PD Land Use Plan (LUP) for
this application Timeshare up to 4,159
units Ground Floor Commercial up to 60,000
square feet of C-1 (Retail Commercial
District) uses Recreation conventional
recreation facilities, including sport courts,
pools, and fitness centers. In addition, nature
trails, a beach, boating facilities, and a
fitness tower are proposed. (Required by the
Growth Center Resort regulations).
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USE COMPARISON Development in accordance with
the approved PD Land Use Plan (LUP) from 2004 to
current request
Approved LUP 2004 Proposed this LUP
2009 Acres 106.21 ac. 210.98
ac. Time Share up to 999 units up to
4,159 units Commercial 15,000 sq. ft. (C-1
uses) 60,000 sq. ft. (C-1 uses) Recreation
6.2 ac. 21.8 ac.
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RZ-09-06-016 Zoning Map
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RZ-09-06-016 Future Land Use Map
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Lake Austin Land Use Plan
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DRC Recommendation

• Make a finding of consistency with the
  Comprehensive Plan and Approve the PD zoning
  subject to the following conditions

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DRC Conditions of Approval

• 1. Development shall conform to the Lake Austin
  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.

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DRC Conditions of Approval Contd.
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 authorize any direct or
indirect conservation area impacts.
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DRC Conditions of Approval Contd.
4. The Developer shall obtain water, wastewater,
and reclaimed water service from Orange
County Utilities. 5. A Master Utility Plan
(MUP) shall be submitted to Orange County
Utilities prior to approval of the next
Preliminary Subdivision Plan/Development
Plan (PSP/DP). The MUP must be approved prior to
Construction Plan approval. 6. 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
certificate of occupancy. However, nothing in
this condition and nothing in the decision to
approve this development 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. 7. Parking shall be limited to 110
percent of the minimum amount required per
Code.
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DRC Conditions of Approval Contd.

• 8. Signage for the commercial shall not be
  placed along State Road 545 /
• Avalon Road.
• 9. No permanent school-aged children shall be
  generated as a result of this
• development.
• 10. Billboards and pole signs shall be
  prohibited. Ground and fascia signs
• shall comply with Ch. 31.5.
• Outdoor sales, storage, and display shall be
  prohibited.
• A Tree Survey Mitigation Plan for the
  undeveloped property (phase two) will
• be required at PSP/DP submittals.
• A minimum building setback of 25 feet from the
  PD perimeter shall be
• maintained.
• Maximum impervious area shall be limited to 65
  percent. The project shall
• have a minimum open space requirement of 35
  percent.

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DRC Conditions of Approval Contd.

• 15. No Board of County Commissioners (BCC)
  public hearing shall be held for this
  request until the PD Land Use Plan (LUP) has been
  approved by the
• Orange County Development Review
  Committee (DRC). (The DRC
• reviewed and approved the PD-LUP as
  noted in this report on July 7, 2009,
• thus complying with this condition for
  the BCC public hearing).
• 16. Access to the existing parcels and uses on
  the south side of Grande
• Palisades Boulevard, including immediate
  access to the existing sand
• road, shall be provided, subject to
  review and approval by Orange County.
• All costs associated with the provision
  of such access shall be borne by
• the applicant/owner.
• The Grand Palisades Resort Development of
  Regional Impact Development
• Order is hereby approved.

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PZC Recommendation

• Make a finding of consistency with the
  Comprehensive Plan and approve the PD zoning,
  subject to seventeen (17) conditions.

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Action Requested

• Find the request consistent with the
  Comprehensive Plan and approve the Lake Austin PD
  Land Use Plan dated Received July 7, 2009,
  subject to the seventeen (17) conditions as
  stated in the Planning and Zoning Recommendations
  of the staff report.

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District 1 Case RZ-08-04-023 Applicant
Shaman Foradi for Emergi Care Medical Center
PD Request R-CE (Country Estate District) to
PD (Planned Development District)
Proposed Use Medical/Office - up to 12,542
sq. ft. Uses of the property shall be limited
to those permitted in the P-O (Professional
Office District) zoning classification.

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RZ-08-04-023 Zoning Map
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RZ-08-04-023 Future Land Use Map
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Emergi Care Medical Center Land Use Plan
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DRC Recommendation

• Make a finding of consistency with the
  Comprehensive Plan and Approve the PD zoning
  subject to the following conditions

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DRC Conditions of Approval

• 1. Development shall conform to the Emergi Care
  Medical Center PD Land Use Plan dated Received
  June 26, 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 June 26, 2009," the condition of
  approval shall control to the extent of such
  conflict or inconsistency.

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DRC Conditions of Approval Contd.
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. Permitted uses shall be
limited to office use only.
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DRC Conditions of Approval Contd.
5. Ground and fascia signs shall comply with Sec.
38-1354. Billboards, roof signs, electronic
changeable signs, bench signs, portable signs,
moving, flashing or pulsating signs, banners or
cold air inflatable balloons, pole signs, backlit
signs, and LED signs shall be prohibited. 6.
Outdoor storage and display shall be
prohibited. 7. 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 certificate of occupancy. However,
nothing in this condition and nothing in the
decision to approve this 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. 8. At the time of
Development Plan approval, this project shall
demonstrate a unified development program which
addresses access and architectural design
compatibility with the adjacent property. At the
time of Development Plan application to the DRC,
the property owner shall provide a complete set
of plan submittals to the adjacent property
owner.
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DRC Conditions of Approval Contd.
9. Consistent with Orange County Code Sec.
38-1344(3)(d), the Development Plan for this
development shall be scheduled for a public
hearing before the Board of County Commissioners.

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PZC Recommendation

• Make a finding of consistency with the
  Comprehensive Plan and approve the PD zoning,
  subject to nine (9) conditions.

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Action Requested

• Find the request consistent with the
  Comprehensive Plan and approve the Emergi Care
  Medical Center PD Land Use Plan dated Received
  June 26, 2009, subject to the nine (9)
  conditions as stated in the Planning and Zoning
  Recommendations of the staff report.

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Board of County Commissioners

PUBLIC HEARING
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Board of County Commissioners

PUBLIC HEARING
October 27, 2009
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Project College Suites at Woodbury PD
College Suites at Woodbury DP District
5 Proposed Use Student Housing
191units/749 beds - Max. building height 100
feet/8 Stories
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College Suites at Woodbury PD/ College Suites at
Woodbury DP Location Map
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College Suites at Woodbury PD/ College Suites at
Woodbury Development Plan
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Action Requested

• Approve the College Suites at Woodbury Planned
  Development College Suites at Woodbury
  Development Plan dated Received July 14, 2009,
  subject to the eight (8) conditions in the staff
  report.

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DRC Recommendations
1. Development shall conform to the College
Suites at Woodbury Planned Development Orange
County Board of County Commissioners (BCC)
approvals College Suites at Woodbury Development
Plan dated "Received July 14, 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. 2. 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. 3. 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.
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DRC Recommendations
4. Billboards and pole signs shall be prohibited.
All signage shall comply with Ch. 31.5. The
ancillary commercial use shall not be entitled to
any signage. 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. Prior to the issuance of any vertical
building permits, the plat shall be approved on
the BCC Consent Agenda. 7. Outdoor storage and
display shall be prohibited. 8. Prior to
construction plan approval, documentation shall
be provided that this development has the legal
right to discharge.
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Board of County Commissioners

PUBLIC HEARING