board of county commissioners public hearing october 28, 2008

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARINGOctober 28, 2008October 28, 2008

Board of County Commissioners Board of County Commissioners

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

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


RZ-08-04-026

Zoning Map

RZ-08-04-026

Zoning Map


RZ-08-04-026

FutureLandUse Map

RZ-08-04-026

FutureLandUse Map


RZ-08-04-026

AerialMap

RZ-08-04-026

AerialMap


HistoryHistoryHistoryHistory 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 - P&ZC recommends Denial of the request based on CPP Policy 3.2.25.

10/28/08 - BCC Public Hearing


Evans Replacement High School(72-Acre Site)

LandUsePlan Evans 9th Grade Center


Evans Replacement High School(24.95 Acres)

LandUsePlan


Revised Evans Replacement High School(29.89 Acres)

LandUsePlan


CPP & PoliciesCPP & PoliciesCPP & PoliciesCPP & PoliciesThe 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.


CPP & Policies Cont’d.CPP & Policies Cont’d.CPP & Policies Cont’d.CPP & Policies Cont’d. 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.


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

Comprehensive Policy 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 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.


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 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.



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.



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.



8. Bus loop access shall be limited to Apopka-Vineland Road.

9. 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.


P&ZC RecommendationP&ZC RecommendationP&ZC RecommendationP&ZC 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.


Action RequestedAction RequestedAction RequestedAction Requested

Approve the request per DRC with conditions.

or

Uphold P&ZC 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.

Board of County CommissionersBoard of County Commissioners

PUBLIC HEARINGPUBLIC HEARING

board of county commissioners public hearing october 28, 2008

Documents

acres land use plan

future land use map

site land use plan evans

future land use map

land use changes

cpp future land use

land uses

applicable county laws