board of county commissioners public hearing november 23, 2010

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARINGNovember 23, 2010November 23, 2010

Board of County Commissioners Board of County Commissioners

Project : Keene’s Pointe Planned Development -Keene’s Pointe Preliminary Subdivision Plan

Substantial Change

District #: 1

Request: To consider a substantial change to the Keene’s Pointe

Planned Development - Keene’s Pointe Preliminary Subdivision Plan to add a 1,800 square foot building for Homeowners Association activities within the Park Tract II.

This request was heard at a BCC public hearing on August 3, 2010 and was approved subject to four conditions of approval; however, the legal notice for that public hearing was insufficient. A second public hearing was scheduled and advertised to correct the notice deficiencies.

Project : Keene’s Pointe Planned Development -Keene’s Pointe Preliminary Subdivision Plan

Substantial Change

District #: 1

Request: To consider a substantial change to the Keene’s Pointe

Planned Development - Keene’s Pointe Preliminary Subdivision Plan to add a 1,800 square foot building for Homeowners Association activities within the Park Tract II.

This request was heard at a BCC public hearing on August 3, 2010 and was approved subject to four conditions of approval; however, the legal notice for that public hearing was insufficient. A second public hearing was scheduled and advertised to correct the notice deficiencies.


Keene’s Pointe PD/Keene’s Pointe PSP

Location Map

Keene’s Pointe PD/Keene’s Pointe PSP

Location Map


Keene’s Pointe PD/Keene’s Pointe

PreliminarySubdivisionPlan

Keene’s Pointe PD/Keene’s Pointe



Approve the Keene’s Pointe Planned Development -

Keene’s Pointe Preliminary Subdivision Plan dated

“Received May 11, 2010,” subject to four (4)

conditions in the staff report.

Action RequestedAction RequestedAction RequestedAction Requested


1. Development shall conform to the Keene’s Pointe Planned Development; Orange County Board of County Commissioners (BCC) approvals; Keene’s Pointe Preliminary Subdivision Plan dated “Received May 11, 2010,” 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. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated “Received May 11, 2010,” 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.

3. Real estate sales shall not be permitted. Uses shall be limited to recreation and Home Owners Association’s activities only.

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


Project : Keene’s Pointe Planned Development -Keene’s Pointe Phase 4B Preliminary Subdivision Plan Substantial Change

District #: 1

Request: To consider a substantial change to the

Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan to add a Tot Lot on Tract “H”.

Project : Keene’s Pointe Planned Development -Keene’s Pointe Phase 4B Preliminary Subdivision Plan Substantial Change

District #: 1

Request: To consider a substantial change to the

Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan to add a Tot Lot on Tract “H”.


Keene’s Pointe PD/Keene’s Pointe Phase 4B PSP

Location Map

Keene’s Pointe PD/Keene’s Pointe Phase 4B PSP

Location Map


Keene’s Pointe PD/Keene’s Pointe Phase 4B

Tot Lot Area


Tot Lot Area


Approve the Keene’s Pointe Planned Development -

Keene’s Pointe Phase 4B Preliminary Subdivision Plan

dated “Received August 13, 2010,” subject to four (4)




1. Development shall conform to the Keene’s Pointe Planned Development; Orange County Board of County Commissioners (BCC) approvals; Keene’s Pointe Phase 4B Preliminary Subdivision Plan dated “Received August 13, 2010” 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. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated “Received August 13, 2010” the condition of approval shall control to the extent of such conflict or inconsistency.



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.



b) Conditions 2 and 3 approved by the BCC on February 20, 2001, for the Keene's Point PD/Phase 4B PSP shall continue to apply.

c) A waiver from Section 38-1501 of the Orange County Code is approved to allow a rear setback of 25 feet in lieu of the required 50-foot setback from the normal high water elevation for Lots 7 through 20. This waiver shall not be construed to mean pool enclosures or decks may be built below the 100-year flood zone.

d) The Declaration of Covenants and Restrictions for Phase 4B shall be amended for Lot numbers 873-886 as shown on the approved plat to provide that the County shall not be responsible and shall be held harmless for any damages that may result from approval of the rear setback waiver. Furthermore, the Declaration of Covenants and Restrictions shall be amended to provide that the County shall not be responsible and shall be held harmless for damage that results from hurricanes or other natural events.



b) Prior to construction plan approval, a Master Stormwater Management and Utility Plan for the planned development shall be submitted and approved by the County engineer.

c) Project shall comply with Article VIII, Chapter 34, Section 280 et seq., for gated communities.



Zoning MapZoning Map


Future Land Use Map

Future Land Use Map


Eagle Creek

LandUse Plan

Eagle Creek

LandUse Plan


Action RequestedAction Requested

Find the request consistent with the Comprehensive

Policy Plan and approve the Substantial Change to the

approved Eagle Creek PD/DRI/LUP dated “Received

September 10, 2010,” subject to the twenty-four (24)



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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved.

3. 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.



4. 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.

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

6. A Master Utility Plan (MUP) shall be approved prior to Construction Plan approval.

7. A waiver is granted from Section 38-79(20)(k) to allow single-family attached structures to have a 5-foot side setback between structures in lieu of a 10-foot side setback (with a 20-foot building separation).

8. A waiver is granted from Section 38-1254(2) to allow a 5-foot street front setback and 10-foot street side setback for single-family attached lots and a 10-foot street front and street side setback for multi-family units in lieu of the required 20 feet.

9. A waiver is granted from Section 38-1254(l) to allow single-family height of 35 feet and 3 stories in lieu of 35 feet and 2 stories.



10. A waiver from Section 38-1258(a) & (b) is granted to allow multi-family buildings of 3 stories and 40 feet within 25 feet of single-family in lieu of the required 100-foot / 150-foot building setback requirement.

11. A waiver is granted from Section 38-1258(d) to allow multi-family buildings in Parcel M to be 45 feet in height (and to allow architectural features up to 65feet in height) in lieu of 40 feet when the residential uses are located on top of commercial uses.

12. A waiver is granted from Section 38-1258(e) to allow parking and other paved areas 5 feet from single-family zoned property in lieu of the required 25 feet.

13. A waiver is granted from Section 38-1258(f) to eliminate the 6-foot wall requirement between single-family and multi-family development.

14. A waiver from Section 38-1258(i) is granted to eliminate the fence requirement along the right-of-way when single-family is located across a right-of-way.

15. A waiver is granted from Section 38-1258(j) to allow a 20-foot building separation between 3-story height multi-family buildings in lieu of the required 40 feet.



16. A waiver is granted from Section 38-1272(a)(3) to allow commercial/office and mixed use buildings to have a 15-foot setback from non-major right-of-ways in lieu of the required 30 feet.

17. A waiver from Section 38-1272(a)(5) is granted to allow architectural features, such as corner towers, on commercial buildings to extend to a maximum height of 65 feet (3-stories) in order to achieve design flexibility in the mixed use Village Center area.

18. A waiver is granted from Section 38-1501 to allow a front porch setback of 15 feet for detached single-family and zero (0) feet for attached single-family in lieu of the required 20 feet.

19. A waiver is granted from Section 38-1501 to allow front building setbacks for attached single-family to be 5 feet in lieu of 20 feet.

20. A waiver is granted from Section 38-1501 to allow townhouses to have a second story porch balcony setback of zero (0) feet in lieu of 20 feet.

21. No development is permitted that will cause the cumulative external peak hour trips to exceed 1,805 until the mitigation required for Phase 2A is complete or agreed by binding agreement.



22. No development is permitted that will cause the cumulative external peak hour trips to exceed 2,166 until the mitigation required for Phase 2B is complete or agreed by binding agreement and until the M&M Study required for Phase 3 is completed.

23. The Eagle Creek DRI (Phase 2A & 2B) are vested from concurrency.

24. All applicable previously-approved Conditions of Approval, including those dated December 16, 2008, shall apply:

a. Pole signs, billboards, and outside storage and displays are prohibited. The first Preliminary Subdivision Plan/Development Plan (PSP/DP) shall include a master sign plan for the development.



Furthermore, the CC&Rs shall provide that the homeowners' association and any person owning property in the development have the right to enforce these requirements in the event they are violated.

Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces other Orange County ordinances and regulations.

c. This project shall be a gated community and shall comply with the minimum requirements of the Gated Community Ordinance, Orange County Code Sections 34-280, 34-290, and 34-291, as they may be amended from time to time. In addition to complying with those minimum requirements, the declaration of covenants, conditions and restrictions required to be recorded simultaneous with the recording of the plat shall include terms requiring the establishment and maintenance of a fifth HOA account for the cost of storm debris removal from the subdivision infrastructure, consistent with the terms relating to the other four HOA accounts set forth in Section 34-290(8)a-d; and with respect to such fifth HOA account, the declaration shall provide requirements, restrictions, terms, conditions, and limitations consistent with the terms relating to the other four HOA accounts set forth in Section 34-291. Furthermore, prior to turning over control of the



Project : Woodbury Church PD -Substantial Change

Applicant: Samer Al Ghafari

District #: 4

Request: To consider a substantial change to the approved Woodbury Church Planned Development/Land Use Plan (PD/LUP) to allow for an additional full access driveway off Woodbury Road for the church property. No additional entitlements are being sought as part of this request.

Project : Woodbury Church PD -Substantial Change

Applicant: Samer Al Ghafari

District #: 4

Request: To consider a substantial change to the approved Woodbury Church Planned Development/Land Use Plan (PD/LUP) to allow for an additional full access driveway off Woodbury Road for the church property. No additional entitlements are being sought as part of this request.


Future Land Use Map

Future Land Use Map


Woodbury Church

LandUse Plan

Woodbury Church

LandUse Plan




Policy Plan and approve the Substantial Change to the

approved Woodbury Church PD/LUP dated “Received

September 7, 2010,” subject to the three (3) conditions

in the staff report.


3. All previous applicable Conditions of Approval dated March 24, 2009, shall apply:

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

b. Outdoor storage and display shall be prohibited.

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

d. Tree removal/earthwork shall not occur 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.



e. The applicant must apply for 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.

f. A waiver from Section 38-1272(5) is granted to allow a maximum building height of 70 feet for the steeple only.

g. The Woodbury Road Right-of-Way Agreement is approved.



Project : Fishback PD/LUP -Substantial Change

Applicant: Lance Bennett

District #: 1

Request: To consider a substantial change to the approvedFishback Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow for 92 units in the Village Home District and 296 units in the Townhome/Apartment District. The current PD/LUP is approved for 146 units in the Village Home District and 248 units in the Townhome/Apartment District.

Project : Fishback PD/LUP -Substantial Change

Applicant: Lance Bennett

District #: 1

Request: To consider a substantial change to the approvedFishback Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow for 92 units in the Village Home District and 296 units in the Townhome/Apartment District. The current PD/LUP is approved for 146 units in the Village Home District and 248 units in the Townhome/Apartment District.


Future Land Use Map

Future Land Use Map


Fishback

LandUse Plan

Fishback

LandUse Plan




Plan and approve the Substantial Change to the

approved Fishback PD/LUP dated “Received August

2, 2010” subject to the eight (8) conditions in the staff

report.



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.



4. Prior to construction plan approval, a revised Master Utility Plan (MUP) supporting the new utilities configuration shall be approved.

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

6. The previously-approved Special Exception of November 2, 2006, has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District.

7. Parcel Tract P3 shall be completed prior to issuance of a Certificate of Completion for the townhomes.



e. A waiver from Section 38-1258(h) is granted to allow Park Tract P-1 to be accessible to both single-family units and multi-family units.

f. A waiver from Section 38-1258(i) is granted, which requires the multi-family development located adjacent to a right-of-way to be fenced and landscaped whenever single-family zoned property is located across the right-of-way.

g. The covenants, conditions, and restrictions for the Fishback PD shall ensure that the costs to operate and maintain the park tracts shall be borne equally by all the units in Phases 1 and 2.

h. Prior to issuance of the Certificate of Completion, a 6-foot-tall wrought iron fence shall be erected on the north and west property line of Tract P-3. The homeowners' association shall be responsible for maintenance.

i. All previous conditions of approval shall apply.



Project : Fishback Property PD/ The Vineyards Phases 1A, 1B & 2A (FKA Fishback) PSP

District #: 1

Project : Fishback Property PD/ The Vineyards Phases 1A, 1B & 2A (FKA Fishback) PSP

District #: 1


Proposed Use: Single-family detached: 92 units Single-family attached : 64 units

Single-family detached: - Min. living area: 1000 sq. ft. - Min. lot width: 35’ - Max. building height: 40’ (3-stories) Single-family attached: - Min. living area: 500 sq. ft. - Min. lot width: 16’ - Max. building height: 40’ (3-stories)

Proposed Use: Single-family detached: 92 units Single-family attached : 64 units

Single-family detached: - Min. living area: 1000 sq. ft. - Min. lot width: 35’ - Max. building height: 40’ (3-stories) Single-family attached: - Min. living area: 500 sq. ft. - Min. lot width: 16’ - Max. building height: 40’ (3-stories)


Fishback Property PD/ The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) PSP

Location Map

Fishback Property PD/ The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) PSP

Location Map


Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback)

Preliminary Subdivision Plan

Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback)



Approve the Fishback Property Planned Development

- The Vineyards Phases 1A, 1B & 2A (FKA Fishback)

Preliminary Subdivision Plan dated “Received July 13,

2010,” subject to the twenty (20) conditions in the staff

report.



1. Development shall conform to the Fishback Property Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Vineyards Phases 1A, 1B & 2A (fka Fishback) Preliminary Subdivision Plan dated "Received July 13, 2010" 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. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated "Received July 13, 2010" the condition of approval shall control to the extent of such conflict or inconsistency.



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. Prior to construction plan approval, a master stormwater management plan including a drainage study to establish the 100-year flood elevation shall be submitted to the Development Engineering Division for review and approval.

4. 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. (DE)

5. Roads and drainage system, including the retention pond, will be owned and maintained by Orange County with an MSBU established for stormwater system functionality. Routine maintenance, including mowing above and beyond the frequency provided by the County, shall be the responsibility of the Home Owners' Association. (DE)



6. A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a Letter of Commitment prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer. (DE)



7. Park Tract P-1 and P-2 shall be completed with the first phase of this PSP.

8. Prior to construction plan approval, if a Phase II Environmental Site Assessment acceptable to EPD and the Florida Department of Environmental Protection (FDEP) finds any contaminants exceeding applicable state standards, the applicant shall submit a copy of a FDEP site clean-up plan approval and a copy of a FDEP statement that the clean-up has been completed.

9. 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. (EPD)

10. 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. (EPD)



11. Prior to construction plan submittal, a revised Master Utility Plan supporting the new utilities configuration shall be approved.

12. Approval of this PSP shall void previously approved PSP's.

13. Prior to platting, CC&R's shall contain language that states that Orange County shall have the right, but not the duty, to enforce Architectural Requirements and it is the responsibility of the Architectural Review Board to sign-off on all permits.

At the time of approval of a plat for a single-family residential unit project, the developer shall have prepared and submitted for review a document containing covenants, conditions, and restrictions (CC&Rs) for the property being platted. The CC&Rs, which shall be recorded simultaneously with the recording of the plat, and shall include a provision incorporating, verbatim, the following requirements:



a. The same front facade for single-family residential units may not be repeated more than 5 times within 1 block length for both sides of any street, and shall be separated by at least 2 units with different facades.

b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front facade of the main body of the house shall not exceed 40 feet in length, except for wings or "L"s which are setback from the facade. In no case shall more than 50 percent of the front facade of a house consist of an unobstructed block wall or garage door.

c. At least 50 percent of all single-family residential units shall have a front porch. A front porch shall be a minimum of 7 feet in depth and cover a minimum of 1/3 of the front facade.

d. Flat roofs shall be prohibited.

e. Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be located within 3 feet of the sidewalk to define the separation of public and private spaces. Such fences shall be no higher than 3 feet, 6 inches and limited to decorative wrought iron or wood picket style.



The provisions of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the BCC’s sole discretion, and the CC&Rs shall contain a statement to that effect.

Furthermore, the CC&Rs shall provide that the homeowners' association and any person owning property in the development have the right to enforce these requirements in the event they are violated.

Finally, the CC&Rs shall also state that Orange County shall have the right,

but not the duty, to enforce these requirements in the same manner as it enforces Orange County ordinances and regulations.

14. The CC&R's shall require that all residential units have two (2) car garages. The provisions of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the BCC’s sole discretion, and the CC&Rs shall contain a statement to that effect.



15.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. 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.

16.Prior to platting compliance with Road Agreement is required.

17.Park Tract P3 shall be completed prior to issuance of Certificate of Completion for the townhome development.

18.Prior to development plan approval of any "Future development" (multi-family) parcel, an MSBU shall be established for the maintenance of Ponds SW-1 and SW-2 at an amount determined by the County Engineer.

19.A waiver from Section 38-1253(c) is granted to allow on-street parking in lieu of off-street parking for the Park Tract P-1 and P-3in order to increase the utilization of the park.



20. The previously approved Special Exception of 11/02/2006 has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District.



District #: 6

Case #: LUP-09-12-005

Applicant: Jim Hall for Faircloth PD

Request: C-1 (Retail Commercial District) to PD (Planned Development District)

Proposed Use: Commercial - up to 17,000 sq. ft. of C-1, C-2, and selected C-3 uses, as established on the PD Land Use Plan

District #: 6

Case #: LUP-09-12-005

Applicant: Jim Hall for Faircloth PD

Request: C-1 (Retail Commercial District) to PD (Planned Development District)

Proposed Use: Commercial - up to 17,000 sq. ft. of C-1, C-2, and selected C-3 uses, as established on the PD Land Use Plan


LUP-09-12-005

Zoning Map

LUP-09-12-005

Zoning Map


LUP-09-12-005

FutureLandUse Map

LUP-09-12-005

FutureLandUse Map


Faircloth

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 Faircloth PD Land Use Plan dated

"Received September 16, 2010," 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 16, 2010," 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 northern façade of any structure on this site shall be architecturally treated as a primary façade.

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


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. The Developer shall obtain wastewater service from Orange County

Utilities.

6. Outdoor sales, storage, and display shall be prohibited.

7. Tree removal/earthwork shall not occur 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.

8. Due to the narrow width of right-of-way available for the road between the right-of-way line and the ditch, a four-foot-wide sidewalk will be allowed to be constructed in lieu of a five-foot-wide sidewalk.


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 eight (8) conditions.


Project : Isleworth-Four Corners PD/LUP -Substantial Change

Applicant: Heather Middleton

District #: 1

Request: To consider a substantial change to the approvedIsleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to allow a restaurant (coffee shop establishment) with drive-through on the southwest corner of the property and to allow for zero (0) foot building setbacks in lieu of ten (10) feet for the internal lots in the Southwest Quadrant only. No additional square footage is being sought as part of this request.

Project : Isleworth-Four Corners PD/LUP -Substantial Change

Applicant: Heather Middleton

District #: 1

Request: To consider a substantial change to the approvedIsleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to allow a restaurant (coffee shop establishment) with drive-through on the southwest corner of the property and to allow for zero (0) foot building setbacks in lieu of ten (10) feet for the internal lots in the Southwest Quadrant only. No additional square footage is being sought as part of this request.


Future Land Use Map

Future Land Use Map


Isleworth-Four Corners

LandUse Plan

Isleworth-Four Corners

LandUse Plan



3. A waiver from Section 38-1372(f) is granted to allow a restaurant (coffee-shop establishment) with drive-thru in the Southwest Quadrant.

4. A waiver from Section 38-1356(c) is granted to allow zero (0) foot setbacks in lieu of ten (10) feet for the interior lots in the Southwest Quadrant.



5. All previously-approved Conditions of Approval shall apply, including:

a. A waiver from Section 38-1356(n) and Section 38-1372(j)(1) to allow a maximum building height of 54 feet for a previously-constructed dome which will be mounted upon an existing building in the Southeast Quadrant.

b. Master water, reclaimed water, and wastewater plans, including preliminary calculations, shall be updated and approved prior to approval of the construction plans.

c. No special exceptions shall be permitted in the Professional Office Districts.

d. Billboards and pole signs are prohibited.

e. Approve the amended and restated Developer’s Agreement concerning second-story commercial. Development shall comply with the Developer’s Agreement dated June 4, 2002.




•A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.•A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.



•A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.•A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.

6. A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.

7. Buildings within Parcel SW3 in the Southwest Quadrant may include clock towers, cupolas, atriums, domes, and similar architectural features that exceed thirty-five (35) feet, but less than fifty (50) feet, that require Orange County BCC approval during the building(s) Development Plan approval process.


Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP

District #: 1

Proposed Use: 9 Commercial lots: - Max. building height: 50’

Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP

District #: 1

Proposed Use: 9 Commercial lots: - Max. building height: 50’


Isleworth-Four Corners PD/The Grove at Isleworth PSP

Location Map

Isleworth-Four Corners PD/The Grove at Isleworth PSP

Location Map


Isleworth-Four Corners PD/ The Grove at Isleworth


Isleworth-Four Corners PD/ The Grove at Isleworth



Approve the Isleworth-Four Corners Planned

Development- The Grove at Isleworth Preliminary

Subdivision Plan dated “Received October 13, 2010,”

subject to the nine (9) conditions in the staff report.



1. Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan dated "Received October 13, 2010," 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. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated "Received October 13, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.



3. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with approved master stormwater plan for this Plan Development.

4. 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.


6. Signage shall comply with the Master Sign Plan.

7. Prior to the issuance of any vertical building permits, the plat shall be approved on the BCC Consent Agenda.



8. A waiver from Section 34-152(c) is granted to allow access to the coffee shop lot from an internal parking lot in lieu of 20 feet fee simple access to a public paved street.

9. 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 platting. Nothing in this condition, and nothing in the decision to approve this preliminary subdivision 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.



Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP - Parcels 2, 3, 5, 8 & 9 DP and Master Sign Plan

District #: 1

Proposed Use: Fitness Center………….45,100 sq. ft.Pharmacy……………….14,820 sq. ft.Bank……………………….3,820 sq. ft.Retail Bldg. A…………….4,550 sq. ft.Retail Bldg K……………..4,000 sq. ft. - Max. building height: 50’

Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP - Parcels 2, 3, 5, 8 & 9 DP and Master Sign Plan

District #: 1

Proposed Use: Fitness Center………….45,100 sq. ft.Pharmacy……………….14,820 sq. ft.Bank……………………….3,820 sq. ft.Retail Bldg. A…………….4,550 sq. ft.Retail Bldg K……………..4,000 sq. ft. - Max. building height: 50’


Isleworth-Four Corners PD/The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 DP & Master Sign Plan

Location Map

Isleworth-Four Corners PD/The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 DP & Master Sign Plan

Location Map


Isleworth-Four Corners PD/ The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9

Development Plan & Master Sign Plan

Isleworth-Four Corners PD/ The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9

Development Plan & Master Sign Plan



Development - The Grove at Isleworth PSP - Parcels 2,

3, 5, 8 &9 Development Plan and Master Sign Plan

dated “Received October 13, 2010,” subject to the

eleven (11) conditions in the staff report.



1. Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan; BCC approvals; Parcels 2, 3, 5, 8 & 9 Development Plan & Master Sign Plan dated "Received October 13, 2010," 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.




3. Separate Development Plan(s) and community meeting(s), as well as BCC approval, shall be required for all Future Development Sites.

4. Prior to the issuance of any vertical building permits, the plat shall be approved on the BCC Consent Agenda.



5. A Right-of-Way Use Agreement shall be required for any landscaping and/or hardscape installation within the County’s right-of-way.


7. Signage shall comply with the Master Sign Plan.

8. A waiver from Section 38-1354(2) is granted to allow three (3) tenant names and the shopping center name to be included within the copy area of any one (1) ground sign in lieu of one (1) tenant per one (1) ground sign.

9. A waiver from Section 38-1354(2) is granted to allow one (1) additional ground sign to be located on the northeast corner of the southwest quadrant at the existing right-in/right-out access on Apopka Vineland Road, in lieu of one (1) ground sign per each full access point for non-residential development.




11. A cross access/parking agreement will be required at building permit submittal.



Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP - Master

Infrastructure & Mass Grading DP

District #: 1

Proposed Use: 9 Commercial lots - Max. building height: 50’

Project : Isleworth-Four Corners PD- The Grove at Isleworth PSP - Master

Infrastructure & Mass Grading DP

District #: 1

Proposed Use: 9 Commercial lots - Max. building height: 50’


Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading DP

Location Map

Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading DP

Location Map


Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading

Development Plan

Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading

Development Plan



Development - The Grove at Isleworth Preliminary

Subdivision Plan - Master Infrastructure & Mass

Grading Development Plan dated “Received October

13, 2010,” subject to the five (5) conditions in the staff

report.



1. Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan; BCC approvals; Master Infrastructure & Mass Grading Development Plan dated “Received October 13, 2010” 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.




3. Approval of this development plan does not constitute approval for any vertical construction.




5. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with the approved master stormwater and utility plans for this PD.


Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARING

board of county commissioners public hearing november 23, 2010

Documents

bcc public hearing

condition of approval

applicable county laws

approved subject

written promise

recommendations contd

drc recommendations

authorized agent