Board of County Commissioners

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Board of County Commissioners

PUBLIC HEARING
September 15, 2009
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Project Tinwood (fka Waterford Commons)
PD/LUP - Substantial Change Applicant
Russell Maynard District
1 Request To consider a substantial
change to the approved Tinwood (fka Waterford
Commons) Planned Development/Land Use Plan
(PD/LUP) to allow a vertiport as a permitted
use on Lot 11. Each helicopter shall be
limited to five (5) passengers, the vertiport
shall operate only during daylight hours, and
turbine engines shall be allowed.
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Zoning Map
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Future Land Use Map
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Tinwood and Waterford Commons Existing and
Proposed Heliport and Vertiport
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Tinwood (fka Waterford Commons) Land Use Plan
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Action Requested

• Find the request consistent with the
  Comprehensive Policy Plan and approve the
  Substantial Change to the approved Tinwood (fka
  Waterford Commons) PD/LUP dated Received July
  16, 2009, subject to the five (5) conditions in
  the staff report.

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DRC Recommendations
1. Development shall conform to the Tinwood (fka
Waterford Commons) PD Land Use Plan dated
Received July 16, 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 16, 2009," the condition of
approval shall control to the extent of such
conflict or inconsistency.
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DRC Recommendations 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.
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DRC Recommendations Contd.

• 3. All previous applicable Conditions of Approval
  dated June 30, 1998, shall apply
• a. Billboards and pole signs shall be
  prohibited.
• b. This project shall enter into the Convention
  Center Hotel Agreement.
• c. The following International Drive Strategic
  Plan Conditions shall apply
• Permitted and prohibited uses shall be those
  specified in Policies 1.1.3 and 1.1.6 of the
  International Drive Activity Center Plan.
• If the housing linkage program is in place prior
  to development plan approval, the development of
  non-residential development shall be conditioned
  upon the development of residential units within
  the area designated activity center residential
  on the future land use map.

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DRC Recommendations Contd.

• The development guidelines of the International
  Drive activity center shall apply to the subject
  property if they are established prior to
  development plan submittal.
• The property owner shall be required to
  participate in a Property Owners Association
  upon its creation.
• Stormwater management facilities shall be
  designed as an aesthetic feature except where
  determined by the County Engineer to be
  technically unfeasible.
• Twenty (20)-foot wide pedestrian/landscape/utilit
  y easement plus a 15-foot wide transit easement
  shall be provided along International Drive for a
  total of 35-feet (with the transit easement in
  front) shall be included.
• The development plan shall provide for the
  interconnection of adjacent development either by
  cross access easement or public right-of-way.
  This shall include connection into and
  continuation of an area wide transportation plan
  for the International Drive Activity Center.

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DRC Recommendations Contd.

• Electrical distribution lines shall be
  underground.
• Participation in a shuttle service connecting
  area attractions, major transportation centers,
  and on-site development shall be provided.
• 4. The helicopter shall be limited to five
  passengers on the aircraft and piston-driven/turbi
  ne engine to exceed that will trigger a
  substantial change and require another public
  hearing before the Board of County Commissioners.
• 5. The helipad / vertiport shall be used only
  during daylight hours.

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Board of County Commissioners

PUBLIC HEARING
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Board of County Commissioners

PUBLIC HEARING
September 15, 2009
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District 1 Case RZ-08-06-037 Applicant
Daniel T. OKeefe for Village F Master
PD Request A-1 (Citrus Rural District)
and A-2 (Farmland Rural District) PD
(Planned Development District) to Proposed
Use Mixed-use development in accordance with
the approved Land Use Plan (LUP)
Non-Residential240,000 sq. ft.
Residential Dwellings..3,463 units
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RZ-08-06-037 Zoning Map
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RZ-08-06-037 Future Land Use Map
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Village F Master PD Land Use Plan
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DRC Recommendation

• Make a finding of consistency with the
  Comprehensive Policy 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 Village F
Master PD Land Use Plan dated Received April 22,
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 April 22, 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. Final configuration of the Parcel N-17
Elementary School / Park site shall be approved
by both the Orange County Parks and Recreation
Division and Orange County Public Schools. 5.
There shall be a 20-foot fee simple access
provided between the Parcel S-17 Park site and
the Parcel S-25 Elementary School site. 6. A
waiver from Section 38-1386(a)(2) is granted to
allow Parcel N-33 to have structures and uses to
serve civic (excluding education / daycare /
telecommunication towers fields) and
non-commercial recreational needs without having
to obtain Special Exception Approval from the
Board of Zoning Adjustment. 7. The Garden Home
and Village Home districts shall contain a mix of
single-family detached and single-family attached
residences. The exact configuration of this mix
shall be determined at the time of Preliminary
Subdivision Plan review.
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DRC Conditions of Approval Contd.
8. The Developer shall obtain water,
wastewater, and reclaimed water service from
Orange County Utilities. 9. A Master Utility
Plan (MUP) for Village F shall be submitted to
Orange County Utilities prior to approval of the
first Preliminary Subdivision Plan/Development
Plan. The MUP must be approved prior to
Construction Plan approval. 10. The Developer
shall be responsible for building master
utilities transmission and
collection infrastructure adequate to serve the
project to accommodate the ultimate flows for
the entire Village. Utilities
infrastructure shall be built connecting to the
existing County force main, water main,
and/or reclaimed water main. 11. Prior to
construction plan approval, all property owners
within Village F, excluding public entities,
shall be required to sign an agreement between
the parties addressing their proportionate share
of funds for the costs of the offsite and onsite
master utilities sized to Village requirements.
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DRC Conditions of Approval Contd.
12. Unless the property is vested and/or exempt,
the applicant shall be subject to school
concurrency and required to go through the review
process prior to platting. 13. A waiver
from Section 38-1384(f)(1) is granted to allow
each block face to contain one (1)
district size in lieu of each block containing at
least two (2) district lot sizes
(excluding end units). This waiver shall apply
only to block faces with five (5) or fewer
lots. 14. The following Education Condition of
Approval shall apply a) The Developer
shall comply with all provisions of Capacity
Enhancement Agreements (CEAs) numbered
06-011-01, 06-011-02, 06- 011-03,
06-011-05, 06-011-06-T2, 06-011-07, 06-011-08,
06-011-10, 06-011- 12, 06-011-14,
06-011-15, and 06-011-16 entered into with the
Orange County School Board and Orange
County in November 2006 and recorded
in the official records of the Orange County
Comptroller.
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DRC Conditions of Approval Contd.
b) Upon the Countys 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
residential units allowed under the zoning
existing prior to the approval of the PD zoning,
as indicated in each of the CEAs listed above.
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 Countys issuance of residential
building permits.
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DRC Conditions of Approval Contd.
c) The Developer, or its successor(s)
an/or assign(s) under the Capacity Enhancement
Agreement, agrees that it shall not claim in any
future litigation that the Countys enforcement
of any of these conditions are illegal, improper,
unconstitutional, or a violation of the
developers 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.
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DRC Conditions of Approval Contd.
15. The cross-section for Seidel Road is not
approved with this plan. The final cross-section
shall be designed to be pedestrian-oriented, with
a maximum speed limit of thirty (30) miles per
hour. The final design shall be reviewed and
approved by the Development Review Committee
(DRC).
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PZC Recommendation

• Make a finding of consistency with the
  Comprehensive Policy Plan and approve the PD
  zoning, subject to fifteen (15) conditions.

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Action Requested

• Find the request consistent with the
  Comprehensive Policy Plan and approve the Village
  F Master PD Land Use Plan dated Received April
  22, 2009, subject to the fifteen (15)
  conditions as stated in the Planning and Zoning
  Recommendations of the staff report.

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Board of County Commissioners

PUBLIC HEARING