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2014-1 Small Scale Amendments and Concurrent Substantial Change or Rezoning Requests Adoption Public Hearings July 8, 2014.

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Presentation on theme: "2014-1 Small Scale Amendments and Concurrent Substantial Change or Rezoning Requests Adoption Public Hearings July 8, 2014."— Presentation transcript:

1 Small Scale Amendments and Concurrent Substantial Change or Rezoning Requests Adoption Public Hearings July 8, 2014

2 Amendment S-1-1/ CDR Agent: Stuart Buchanan Owner:Perrihouse, LLC From:Low Density Residential (LDR) To:Commercial (C) Acreage:1.73 acres Proposed Use: Up to 50,000 sq. ft. of non-residential development for a twenty-five (25) unit country inn, banquet hall, dining room/restaurant and spa

3 S-1-1/CDR Location

4 S-1-1/CDR Aerial

5 S-1-1/CDR Future Land Use

6 S-1-1/CDR Future Land Use (Proposed)

7 S-1-1/CDR Zoning

8 S-1-1/CDR Land Use Plan

9 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 1.Development shall conform to the Perrihouse I PD Land Use Plan dated "Received “June 6, 2014," 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, 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. 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 land use plan and the land use plan dated "Received June 6, 2014," the condition of approval shall control to the extent of such conflict or inconsistency.

10 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 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.

11 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 3.Pursuant to Section , Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section , the applicant shall obtain all other applicable state or federal permits before commencement of development.

12 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 4.Unless the property is otherwise vested or exempt, 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 approval of the plat. Nothing in this condition, and nothing in the decision to approve this substantial change to the Perrihouse I PD Land Use 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. 5.All acreages identified as conservation areas and buffers are considered approximate until finalized by Conservation Area Determination (CAD) and Conservation Area Impact (CAI) Permits. Approval of this plan does not permit any proposed conservation impacts.

13 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 6.The Developer shall obtain water, waste water, and reclaimed water service from Orange County Utilities. 7.A Master Utility Plan (MUP) shall be submitted to Orange County Utilities at least thirty (30) days prior to submittal of the first set of construction plans. The MUP must be approved prior to Construction Plan approval. 8.Pole signs and billboards shall be prohibited. Ground and fascia signs shall comply with Chapter 31.5 of the Orange County Code. 9.Outside sales, storage, and display shall be prohibited.

14 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 10. A waiver from Orange County Code Section (a)(3) is granted to allow the existing structure to remain at twenty-three (23) feet from the north boundary line, in lieu of the required twenty-five (25) foot PD perimeter requirement. The required twenty-five (25) foot setback shall be adhered to for any new construction. 11. A waiver from Orange County Code Section (13) is granted to allow a commercial entrance or exit to direct traffic into adjacent residential districts (via Vista Oaks Court), in lieu of no commercial entrance or exit to direct traffic into adjacent residential districts.

15 CDR DRC Recommendation: Approve subject to twelve (12) conditions: 12. Except as amended, modified, and/or superseded, the following BCC Conditions of Approval, dated June 24, 2003 and July 22, 1997, shall apply: a.Flagpole design and use shall be as follows and shall be enforced by the Orange County Code Enforcement Board: -Only the United States flag shall be flown; -Flag shall be proportionate to the pole height and width; -The flag and the pole shall be maintained in accordance with proper flag etiquette and in a dignified condition at all times; and -Lighting of the flag shall be minimum wattage and broadcast illumination.

16 CDR DRC Recommendation: Approve subject to twelve (12) conditions: b.All lots adjacent to the Grand Cypress property would have a minimum width of 70 feet. c.In lieu of the current square footage set forth in the zoning conditions, minimum living area of housing units adjacent to the Grand Cypress property would be 2,000 square feet. d.All pools located within the side or rear yards of lots adjacent to the Grand Cypress property would require screened enclosures. e.On lots adjacent to the Grand Cypress property, there would be a minimum 35-foot setback on all lots, and on lots adjacent to the golf holes the setback would be 50 feet.

17 CDR DRC Recommendation: Approve subject to twelve (12) conditions: f.The developer is required to provide in the project's recorded restrictions, notice to purchasers of lots of the potential for golf balls landing in lot areas near the golf course and the dangers related thereto. Language in the project restrictions shall be submitted to Orange County for approval.

18 S-1-1 Staff Recommendation:Adopt LPA Recommendation:Adopt  Make a finding of consistency with the Comprehensive Plan (see Future Land Use Element Objectives and Policies OBJ FLU8.1, FLU8.1.9, OBJ FLU8.2, FLU8.2.1, FLU8.2.6, FLU8.2.10, and FLU and Neighborhood Element Objective OBJ N1.1);  Determine that the proposed amendment is in compliance; and  Adopt Amendment S-1-1, Low Density Residential (LDR) to Commercial (C). Action Requested

19 CDR DRC Recommendation:Approve  Make a finding of consistency with the Comprehensive Plan; and  Approve CDR , a substantial change to the Perrihouse I Planned Development / Land Use Plan (PD/LUP) (fka “Perrihouse Sanctuary PD”), subject to the twelve (12) conditions recommended by the Development Review Committee (DRC) on June 25, 2014 Action Requested

20 Amendment S-1-3 Rezoning Request RZ Agent: Sherri Fragomeni, Fragomeni Engineering, Inc. Owner: Gonzalo Sepulveda Lozano From: Low-Medium Density Residential (LMDR) and R-CE (Country Estate District) To: Commercial (C) and C-1 (Retail Commercial District) Acreage: 1.24 acres Proposed Use: Up to 30,984 square feet of commercial development

21 S-1-3 / RZ Location

22 S-1-3 / RZ Aerial

23 S-1-3 / RZ Future Land Use

24 S-1-3 / RZ Future Land Use

25 S-1-3 / RZ Future Land Use (Proposed)

26 S-1-3 / RZ Zoning

27 S-1-3 / RZ Zoning (Proposed)

28 S-1-3 / RZ Conceptual Building Elevations

29 S-1-3 / RZ Conceptual First Floor Building Plan

30 S-1-3 Staff Recommendation:Adopt LPA Recommendation:Adopt  Make a finding of consistency with the Comprehensive Plan (see Future Land Use Element Goal FLU2; Objective FLU8.2; Policies FLU1.1.5, FLU1.4.4, FLU1.4.6, and FLU8.2.1; and Neighborhood Element Objective N1.1);  Determine that the proposed amendment is in compliance; and  Adopt Amendment S-1-3, Low-Medium Density Residential (LMDR) to Commercial (C). Action Requested

31 RZ Staff Recommendation (Original): Approve PZC Recommendation: Approve  Make a finding of Consistency with the Comprehensive Plan; and  Approve Rezoning Case RZ from R-CE (Country Estate District) to C-1 (Retail Commercial District), subject to two (2) restrictions: 1.Safe and adequate access to the subject property via Turkey Lake Road shall be provided in accordance with the City of Orlando’s requirements. 2.Billboards and pole signs shall be prohibited. Action Requested

32 RZ Staff Recommendation (Revised): Approve  Make a finding of Consistency with the Comprehensive Plan; and  Approve Rezoning Case RZ from R-CE (Country Estate District) to C-1 (Retail Commercial District), subject to five (5) restrictions: 1.Safe and adequate access to the subject property via Turkey Lake Road shall be provided in accordance with the City of Orlando’s requirements. 2.Billboards and pole signs shall be prohibited. 3.Uses on the property shall be restricted to a maximum intensity of 0.75 FAR. Action Requested

33 RZ Staff Recommendation (Revised): Approve  Approve Rezoning Case RZ from R-CE (Country Estate District) to C-1 (Retail Commercial District), subject to five (5) restrictions: 4.Prohibited uses shall include labor pools and labor halls; car-title loan establishments; check cashing/payday loan businesses; tattoo, body art, or body piercing businesses; pawnshops; bail bond agencies; flea markets; fortune tellers, tarot card readers, palm readers, psychics, and similar businesses; and bottle clubs. 5.Hours of operation shall be from 6:00 a.m. to midnight (not including hotel and short-term rental uses). Note: Restrictions 3, 4, and 5 were proposed by the applicant following the April 17, 2014 PZC/LPA meeting (new text).

34 Small Scale Development Ordinance Action Requested Make a finding of consistency with the Comprehensive Plan, determine that the amendments are in compliance, and adopt an Ordinance, consistent with today’s actions, approving the proposed Future Land Use Map Amendments

35 Small Scale Amendments and Concurrent Substantial Change or Rezoning Requests Adoption Public Hearings July 8, 2014


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