Board of County Commissioners

1
Board of County Commissioners

PUBLIC HEARING
December 15, 2009
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Project World Design Center Planned
Development - World Design PSP
District 6 Proposed Use 8
Industrial/Commercial lots - Max. building
height 350 ft.

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World Design Center PD/ World Design Center
PSP Location Map
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World Design Center PD/ World
Center Preliminary Subdivision Plan
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Action Requested

• Approve the World Design Center Planned
  Development - World Design Center Preliminary
  Subdivision Plan dated Received September 21,
  2009, subject to the twelve (12) conditions in
  the staff report.

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DRC Recommendations
1. Development shall conform to the World Design
Center Planned Development Orange County Board
of County Commissioners (BCC) approvals World
Design Center Preliminary Subdivision Plan dated
Received September 21, 2009 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
Board of County Commissioners (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
September 21, 2009," the condition of approval
shall control to the extent of such conflict or
inconsistency.
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DRC Recommendations Contd.

• 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.
• 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.

8
DRC Recommendations Contd.

• 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.
• Pole signs and billboards shall be prohibited.
  Ground and fascia signage shall comply with Sign
  Code (31.5).
• Outdoor storage and display shall be prohibited.
• 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.

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DRC Recommendations Contd.

• 8. 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.

10
DRC Recommendations Contd.

• 9. Roads will be owned and maintained by
  Orange County. The ownership and maintenance
  responsibility of the stormwater ponds will be
  retained by the Developer/Property Owners
  Association. Drainage Easements over all ponds
  will be granted to the County. A Municipal
  Service Benefit Unit (MSBU) set at 0.00 shall be
  established at time of platting, such that in the
  event the County finds that the Property Owners
  Association (POA) is not conducting adequate
  maintenance of the ponds to County standards, the
  County shall provide notice and opportunity to
  cure through the POA. If the cure is not
  completed in a timely fashion and to satisfaction
  of the County, an MSBU assessment shall be
  established to recover any and all County
  expenditures and create a fund for future
  maintenance costs.
• A waiver from Chapter 34-171(2) is granted to
  allow the use of FDOT Type F or Type D vertical
  curb on medians in lieu of using mountable curb
  on medians.

11
DRC Recommendations Contd.

• Prior to construction plan approval,
  certification with supporting calculations shall
  be submitted, which states that this project is
  consistent with approved Master Utility Plan and
  Master Stormwater for this PD.
• A reclaimed water distribution system for
  irrigation shall be installed to serve all
  parcels. Connection to the Orange County
  reclaimed water main along John Young Parkway
  shall be made within one year of notification of
  availability.

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Project Waterstone Planned Development
- Waterstone Preliminary Subdivision Plan
Substantial
Change District 1 Request To consider a
substantial change to the Waterstone Planned
Development - Waterstone Preliminary
Subdivision Plan to delete the clubhouse and
swimming pool and to add 3 lots.
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Waterstone PD/ Waterstone PSP Location Map
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Waterstone PD/ Waterstone
Preliminary Subdivision Plan
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Waterstone PD/ Waterstone
Preliminary Subdivision Plan
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Action Requested

• Approve the Waterstone Planned Development -
  Waterstone Preliminary Subdivision Plan dated
  Received November 5, 2009, subject to thirteen
  (13) conditions in the staff report.

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DRC Recommendations
1. Development shall conform to the Waterstone
Planned Development Orange County Board of
County Commissioners (BCC) approvals Waterstone
Preliminary Subdivision Plan dated Received
November 5, 2009, 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
November 5, 2009, the condition of approval
shall control to the extent of such conflict or
inconsistency.
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DRC Recommendations Contd.

• 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. A waiver from Section 38-79 (114)(h) is
  granted to allow a maximum building height of
  30 feet in lieu of 15 feet for the clubhouse,
  which is designated an ancillary use.

19
DRC Recommendations Contd.

• A waiver from Section 38-1408(f)(2) is granted to
  allow a maximum building height of 12 feet in
  lieu of 10 feet for the wall with columns.
• This project shall be a gated community and shall
  comply with the Gated Community Ordinance. At
  the time of platting, a debris removal fund shall
  be established and incorporated in the
  Conditions, Covenants and Restrictions (CCRs).
  That portion of the CCRs shall not be modified
  without approval by the County.
• 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.
• 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.

20
DRC Recommendations Contd.

• The applicant must apply for and obtain a
  Capacity Encumbrance Letter (CEL) prior to
  construction plan submittal and must apply for
  and obtain a Capacity Reservation Certificate
  (CRC) prior to platting. However, nothing in this
  condition and nothing in the decision to approve
  this PSP shall be construed to mean that the
  applicant will be able to satisfy the
  requirements for obtaining a CEL or a CRC.
• 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.
• Prior to construction plan approval, a wildlife
  survey and copies of correspondence with the U.S.
  Fish and Wildlife Service (USFWS) and the Florida
  Fish and Wildlife Conservation Commission (FWC)
  will be provided to the EPD Attention
  Development Review Committee Representative. If
  gopher tortoises are present, then prior to
  earthwork or construction, an incidental take or
  relocation permit shall be obtained. (Note that
  the incidental take option may no longer be
  available at the time of your application
  submittal due to recent legislative decisions.)

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DRC Recommendations Contd.

• 11. This project has a Right-of-Way Agreement,
  which has been previously executed, however, the
  design of the drainage system for C.R. 535 has
  not been finalized at this time and additional
  right-of-way and/or easements may be required by
  the County to complete the design of the C.R. 535
  improvements. The developer has agreed to
  coordinate his project with the design of C.R.
  535 and shall agree to convey any additional
  right-of-way and/or easements to the County
  according to the terms of the existing
  agreements.
• 12. This project shall comply with the
  requirements of Chapters 34 38 of the Orange
  County Code for recreation areas and park(s).
• 13. The CCRs shall specify the presence of the
  sanitary sewer lift station between lot 119 and
  lot 120.

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Project Stillwater Crossings and Center
Bridge PD/LUP - Substantial Change Applicant
Olan Hill District
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Request To consider a substantial change to the
approved Stillwater Crossings and Center
Bridge Planned Development/Land Use Plan
(PD/LUP) to allow for educational and civic
uses in the Estate District on Parcel CB-16 with
the following waivers 1. Grant a waiver from
Section 38-1385(a)(2) to permit certain
structures and uses required to serve educational
and civic uses (including churches) within Parcel
CB-16, without a Special Exception, 2. Grant a
waiver from Section 38-1385(b)(6) to allow for a
building height of three (3) stories/forty
(40) feet with an additional fifteen (15) feet in
height only for turrets, towers, steeples,
and spires for the church site only, and 3.
Grant a waiver from Section 38-1385(b)(8) to
permit a maximum lot coverage within Parcel
CB-16 to be seventy percent (70) in lieu of
sixty-five percent (65).
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Zoning Map
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Future Land Use Map
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Stillwater Crossings Center Bridge 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 Stillwater
  Crossings and Center Bridge PD/LUP dated
  Received October 19, 2009, subject to the
  thirteen (13) conditions in the staff report.

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DRC Recommendations
1. Development shall conform to the Stillwater
Crossings and Center Bridge PD Land Use Plan
dated Received April 14, 2006 October 19, 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 14, 2006 October 19, 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. A waiver from Section 38-1385(a)(2) is granted
  to permit certain structures and uses required to
  serve educational and civic uses (including
  churches) within Parcel CB-16, without a Special
  Exception.
• A waiver from Section 38-1385(b)(6) is granted to
  allow for a building height of three (3) stories
  / forty (40) feet with an additional fifteen (15)
  feet in height only for turrets, towers,
  steeples, and spires for the church site only on
  Parcel CB-16.
• A waiver from Section 38-1385(b)(8) is granted to
  permit a maximum lot coverage for both lots in
  Parcel CB-16 to be seventy percent (70) in lieu
  of sixty-five percent (65).

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DRC Recommendations Contd.

• 6. The total required number of off-street
  parking spaces (paved plus unpaved/grass) shall
  be in accordance with Section 38-1476 of the
  County Code for Assembly Places Containing Fixed
  Seats. The maximum number of paved parking
  spaces shall not exceed 110 percent of the total
  required number of spaces. The minimum number of
  paved parking spaces shall be the greater value
  determined according to the off-street parking
  requirement specified by Section 38-1476 of the
  County Code based on (1) twenty percent of the
  total spaces required for Assembly Places
  Containing Fixed Seats, or (2) the combined total
  spaces required for daily church functions such
  as Day Care or Office uses. Driveway isles to
  provided and required unpaved/grass parking
  spaces must be paved. Provided and required
  unpaved/grass parking areas shall be designed to
  accommodate the interior landscaping criteria
  outlined in Section 24-4(a)(3)(d) of the County
  Code which requires a maximum of ten (10)
  continuous parking spaces without a landscape
  break.

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DRC Recommendations Contd.

• All Parcel CB-16B buildings and the Parcel CB-16A
  proposed Worship Center building (as depicted on
  the Concept Plan dated Revised August 6, 2009)
  shall be located along the minimum setback lines
  from adjacent right-of-ways. The Parcel CB-16B
  Flex Worship Center building (as depicted on the
  Concept Plan dated Revised August 6, 2009)
  shall be located within thirty (30) feet of the
  minimum setback line from CR535, and the area
  between this building and the setback line shall
  only include crosswalks and landscaping. In no
  case shall there be parking, drive aisles, or any
  other driveway improvements within the thirty
  (30) feet of the CR535 setback line.
• The relocated greenbelt on Parcel CB-27 shall be
  kept undisturbed to the greatest extent possible.
  
• The developer shall exceed the minimum
  landscaping required along the right-of-ways,
  around the buildings perimeters, and the parking
  landscape islands.

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DRC Recommendations Contd.

• A southbound left turn lane shall be constructed
  in conjunction with the full access driveway
  connection to CR 535.
• THESE CONDITIONS WERE AGREED TO AT THE
  COMMUNITY MEETING.
• 11. All previous applicable Conditions of
  Approval dated July 18, 2006, shall apply
• A waiver from Orange County Code Section
  38-1389(c)(3) shall be granted for height to
  increase the height in the Village Center from 40
  feet to 55 feet.
• A waiver from Orange County Code Section
  38-1389(b)(c) shall be granted for ground floor
  residential to allow the buildings along the main
  Village Center roadway to have residential on the
  ground floor.
• A waiver from Orange County Code Section
  38-1389(c)(3)g shall be granted for setbacks as
  follows 70 percent of primary building face no
  greater than 30 feet40 percent of primary
  building face no greater than 16 feet no primary
  building face shall be set closer than 6 feet
  from edge of right-of-way and no primary
  building face shall be greater than 40 feet from
  edge of right-of-way.

34
DRC Recommendations Contd.

• 12. All previous applicable Conditions of
  Approval dated August 2, 2005, shall apply
• a. The following Education Condition of Approval
  shall apply The project contains 563 units (the
  "Unvested Units") that are subject to the
  County's school capacity policy (aka the
  "Martinez Initiative"). The developer has
  contracted with McKinney Groves General
  Partnership ("McKinney Groves"), one of the
  members of the Lakeview MS consortium, to acquire
  school rights/credits established under the
  Capacity Enhancement Agreement (CEA) by and
  between McKinney Groves and the School Board,
  dated September 1, 2005. The number of school
  rights/credits equals or exceeds the number of
  Unvested Units. The County shall not record a
  plat for any of the Unvested Units until it
  receives notice from Orange County Public Schools
  (OCPS) that the developer has closed on the
  acquisition of the school credits from McKinney
  Groves. Developer shall comply with all
  provisions of the CEA. Upon the County's receipt
  of written notice from OCPS that the developer is
  in default or breach of the CEA, the County shall
  immediately cease issuing building permits for
  any Unvested Units.

35
DRC Recommendations Contd.

• The County shall again begin issuing building
  permits upon OCPS' written notice to the County
  that the developer is no longer in breach or
  default of the CEA. The developer and its
  successor or assign under the CEA, 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 County's
  issuance of residential building permits.
  Developer, or its successor or assign under the
  CEA, agrees that it shall not claim in any future
  litigation that the County's enforcement of any
  of these conditions are illegal, improper,
  unconstitutional, or a violation of developer's
  property rights. Orange County shall be held
  harmless by the developer and its assigns under
  the CEA, in any dispute between the developer and
  OCPS over any interpretation or provision of the
  CEA.

36
DRC Recommendations Contd.

• Prior to platting, a Municipal Service Taxing
  Unit (MSTU) Municipal Service Benefit Unit (MSBU)
  shall be established for the operation and
  maintenance of secondary and connector trails.
• AS MODIFIED AT THE NOVEMBER 18, 2009, DRC
  MEETING
• c. The developer shall obtain water, reclaimed
  water, and wastewater service from Orange County
  Utilities.
• d. Prior to construction plan approval,
  certification with supporting calculations shall
  be submitted which states that this project is
  consistent with the approved Master Utility Plan
  for this PD.
• e. The Adequate Public Facilities (APF) road
  (Bridgewater Crossings Boulevard) shall be
  constructed to the PD boundary from its current
  terminus in Tennyson Park at Summerport (Parcel
  SC-5) concurrently with the first phase of
  development within Phase III of the PD.

37
DRC Recommendations Contd.

• 13. All previous applicable Conditions of
  Approval dated July 27, 1999, shall apply
• a. Billboards and pole signs shall be prohibited.
• b. Commercial uses shall be limited to Section
  38-1388 and Section 38-1389 of the Orange County
  Code, respectively.
• c. Master wastewater, water, and reclaimed water
  plans for the Stillwater Crossings/Center Bridge
  Neighborhoods, sized for the village-wide
  requirements, shall be approved prior to approval
  of construction plans.

38
DRC Recommendations Contd.

• d. 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 Bridgewater Village. Utilities
  infrastructure shall be built connecting to the
  proposed County system at the Porter Road, Lake
  Hancock Road, and Ficquette Road intersection for
  wastewater to the proposed24-inch water main on
  C.R. 535 for water and to the proposed Conserv
  II distribution system extension on the north
  boundaries of the proposed development for
  reclaimed water.
• e. The developer shall locate and dedicate to
  Orange County a two-acre parcel, at a mutually
  acceptable location, for potable water storage
  and repump facilities.
• THIS CONDITION HAS ALREADY BEEN SATISFIED

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DRC Recommendations Contd.

• f. The developer shall prepay 500 ERUs of
  wastewater capacity at the time of preliminary
  subdivision plan approval and 500 ERCs of water
  capacity at the time of construction plan
  approval.
• THIS CONDITION HAS ALREADY BEEN SATISFIED
• g. The developer shall maximize available
  reclaimed water irrigation opportunities within
  the project.
• h. In conjunction with this approval, a
  developers agreement is being processed for
  Ficquette Road, Porter Road, Reams Road, and C.R.
  535. This agreement addresses impact fee credits,
  corridor analysis, and stormwater management.
  This development shall conform to that
  developers agreement.

40
DRC Recommendations Contd.

• THIS CONDITION HAS BEEN SATISFIED BY THE
  FOLLOWING AGREEMENTS STILLWATER CROSSINGS AND
  CENTER BRIDGE NEIGHBORHOOD PD WITHIN THE VILLAGE
  OF BRIDGEWATER DEVELOPERS AGREEMENT (DATED JULY
  27, 1999), ROAD CORRIDOR ANALYSIS AND
  ENGINEERING, RIGHT OF WAY CONVEYANCE, AND
  CONSTRUCTION OF AFFECTED ROADS AGREEMENT (DATED
  NOVEMBER 14, 2000), AND ROAD CORRIDOR ANALYSIS
  AND ENGINEERING AGREEMENT (DATED DECEMBER 14,
  2004).
• i. A developers agreement is being processed
  with this approval whereby the developer
  dedicates to Orange County a 15-acre tract for an
  elementary school, a 32-acre tract for a middle
  school, and other required adequate public
  facilities lands as identified in the planned
  development at 22,500 per acre.
• THIS CONDITION HAS BEEN SATISFIED. THE
  BRIDGEWATER MIDDLE SCHOOL WAS CONSTRUCTED IN
  AUGUST OF 2007.

41
DRC Recommendations Contd.

• j. Approval of the Stillwater Crossings and
  Center Bridge Neighborhood Planned Development
  within the Village of Bridgewater Development
  Agreement.

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Board of County Commissioners

PUBLIC HEARING