Board of County Commissioners

1
Board of County Commissioners

PUBLIC HEARING
October 28, 2008
2
District 2 Case RZ-08-04-026 Applicant
Chris Wilson for Evans Replacement
High School
PD Request R-1A (Single-Family Dwelling
District) to PD (Planned Development
District) Proposed Use Public High School
the construction of the Evans Replacement
High School
3
RZ-08-04-026 Zoning Map
4
RZ-08-04-026 Future Land Use Map
5
RZ-08-04-026 Aerial Map
6
History

• 2/19/08 - BCC denies original request (72-acre
  site)
• 4/2/08 - OCPS Neighborhood Meeting on Revised
  Site Plan containing 24.95
  acres
• 4/23/08 - DRC review Revised Plan containing
  24.95 acres. DRC continues the
  request for resolution of waiver requests and
  access to Apopka-Vineland Road.
• 6/10/08 - BCC grants limited Agent
  Authorization for the 5 acres of
  surplus property fronting Apopka-Vineland Road.
• 6/11/08 - DRC reviews Site Plan with the
  additional 5 acres Continues
  for a Neighborhood Community Meeting.
• 9/10/08 - DRC recommends Approval with
  conditions. Neighborhood
  Meeting held.
• 9/18/08 - PZC recommends Denial of the request
  based on CPP Policy 3.2.25.
• 10/28/08 - BCC Public Hearing

7
Evans Replacement High School (72-Acre
Site) Land Use Plan
8
Evans Replacement High School (24.95
Acres) Land Use Plan
9
Revised Evans Replacement High School (29.89
Acres) Land Use Plan
10
CPP Policies

• The CPP Future Land Use Map designates the
  subject property as Institutional (INST) Low
  Density Residential (LDR).
• FLUE Policy 1.1.14 The Future Land Use Map
  establishes the proposed long-range general
  use of property.
• FLUE Policy 3.1.19 States that PDs are
  allowed, provided the land uses are consistent
  with the cumulative densities and
  intensities on the Future Land Use Map.

11
CPP Policies Contd.

• FLUE Policy 2.1.18 The Future Land Use,
  density and intensity of development adjacent
  to a Rural Settlement shall not negatively
  impact the character of the Rural Settlement.
• FLUE Policy 3.2.25 Requires land use changes
  to be compatible with the existing development
  and the development trend in the area.

12
DRC Recommendation

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

13
DRC Conditions of Approval
1. Development shall conform to the Evans
Replacement High School Land Use Plan dated
Received June 9, 2008, 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 9, 2008," the condition of
approval shall control to the extent of such
conflict or inconsistency.
14
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.
15
DRC Conditions of Approval Contd.
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. 5. Outdoor storage and display shall
be prohibited. 6. This site is within the Wekiva
Study Area. The property subject to this PD
Land Use Plan is either an existing
development site or land that has been
previously disturbed. The applicant shall
comply with any applicable Wekiva Study Area
regulations as possible.
16
DRC Conditions of Approval Contd.
7. A waiver from Section 38-1755(1)(d) is granted
to reduce the school site and to allow a
29.89-acre site for the High School in lieu of
meeting the 58.5-acre requirement. a. The
School Board is not utilizing surface water
retention/detention facilities on
this site, which eliminates the need for an
additional 11.7 acres. b. The
competition athletic fields are to remain at the
existing Evans High School site,
which eliminates the need for an additional 15
acres. c. The School Board is
utilizing a three (3) story building plan in lieu
of a two (2) story building plan,
which reduces the footprint of the
buildings by 1.3 acres.
17
DRC Conditions of Approval Contd.
d. The School Board has made a policy decision
to reduce the parking space requirements on its
prototype high schools. The parking space
requirements on this site are further reduced
because there are no competition athletic fields
at the campus, and parking for outdoor athletic
events will occur at the current campus. As a
result of the reduction in parking for the
reasons stated above, the need for an additional
1.5 acres is eliminated. e. The modification
of the above elements for a prototype high school
eliminates the need for 29.5 acres of a 58.5-acre
site.
18
DRC Conditions of Approval Contd.

• Bus loop access shall be limited to
  Apopka-Vineland Road.
• A natural gas transmission line runs along the
  eastern portion of the property. Consistent with
  Section 38-1754(a)(1), the gas transmission line
  shall be fenced and separated from the school
  building.
• 10. If any infrastructure or activity beyond
  normal
• maintenance is proposed within the Clarcona
  Rural Settlement, it shall constitute a
  substantial change to the PD Land Use Plan and
  shall require a public hearing before the Board
  of County Commissioners.

19
PZC Recommendation

• Make a finding of inconsistency with the
  Comprehensive Policy Plan and Deny the PD zoning,
  based on its incompatibility with the
  Comprehensive Policy Plan 3.2.25.
• Policy FLUE Policy 3.2.25 requires land use
  changes to be compatible with the
  existing development and the
  development trend in the area.

20
Action Requested

• Approve the request per DRC with conditions.
• or

• Uphold PZC recommendation of denial based on
  CPP Policy 3.2.25 which requires land use changes
  to be compatible with the existing development
  and the development trend in the area.

21
Board of County Commissioners

PUBLIC HEARING