ORANGE COUNTY PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY MEETING OF March 17, 2016

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1 ORANGE COUNTY PLANNING AND ZONING COMMISSION / LOCAL PLANNING AGENCY MEETING OF March 17, 2016 The Orange County Planning and Zoning Commission (PZC) / Local Planning Agency (LPA) met at 9:00 a.m. on March 17, 2016 in the Orange County Commission Chambers, 201 South Rosalind Avenue, Orlando, Florida PRESENT: James Dunn District 1 Marvin B. Barrett District 2 Tina Demostene District 3 Rick Baldocchi District 5 Jose Cantero At Large Paul Wean At Large Yog Melwani At Large ABSENT: JaJa Wade District 6 Pat DiVecchio District 4 Note: Commissioner Demostene left the meeting at approximately 11:00 am, immediately prior to the International Drive District Overlay Zone work session. ALSO PRESENT: Alberto Vargas, Planning Manager, Planning Division; John Smogor, Planning Administrator, Planning Division, Olan Hill, Chief Planner, Planning Division; Planner, Planning Steven Thorp, Planning Division; Terri-Lyn Pontius, Administrative Assistant, Planning Division. Chairperson Cantero called the meeting to order. Following the Pledge of Allegiance, the following agenda items were called: Meeting of March 17,

2 APPROVAL OF MINUTES A motion was made by Paul Wean to approve the minutes from the February 18, 2016 PZC meeting. The motion was seconded by Marvin Barrett and then approved unanimously (7-0). OLD BUSINESS No old business items were discussed. NEW BUSINESS No new business items were discussed. CONVENTIONAL REZONING PUBLIC HEARINGS: 1. Kathy Hattaway-Bengochea, RZ , District 3 Consideration: Location: Tract Size: Action: A request to rezone a 4.37 gross acre parcel from R-1A (Single- Family Dwelling District) to R-3 (Multiple-Family Dwelling District) with the intent to develop up to eighty-seven (87) multi-family residential dwelling units. Elizabethian Drive, or generally located on the north side of Elizabethian Drive, approximately 1,100 feet east of S. Semoran Boulevard gross acres Kathy Hattaway-Bengochea (Applicant) Make a finding of consistency with the Comprehensive Plan and recommend APPROVAL of the requested R-3 (Multiple-Family Dwelling District) zoning, subject to the following restrictions: 1) Development shall be limited to a maximum of eighty-seven (87) multi-family dwelling units; 2) A Type C buffer, consisting of a completely opaque 6-foot high masonry wall, fence, berm, planted and/or existing vegetation (or any combination thereof), shall be provided along all property lines abutting residentially zoned parcels; Meeting of March 17,

3 3) The applicant / developer shall submit a site plan to demonstrate compliance with all Orange County Code requirements (including landscaping) prior to the expansion of any existing structures or new site improvements to accommodate R-3 uses; and 4) Prior to site plan approval, coordination with the City of Orlando is required to ensure that adequate access is provided between the subject parcel and Semoran Boulevard. Motion / Second: AYE (voice vote): NAY (voice vote): Absent: Tina Demostene / Rick Baldocchi Tina Demostene, Rick Baldocchi, Marvin Barrett, Jimmy Dunn, Paul Wean, Jose Cantero, and Yog Melwani None JaJa Wade and Pat DiVecchio 2. RZ , Jay Brock, District 5 Consideration: Location: Tract Size: Action: A request to rezone a 4.67 gross acre parcel from R-3 (Multiple- Family Dwelling District) to R-3 (Multiple-Family Dwelling District) to remove a previously approved restriction that limited development to a maximum of one-hundred (100) age-restricted / senior adult housing units only, with the intent to construct up to seventy (70) market-rate multi-family residential dwelling units N. Goldenrod Road, or generally located on the west side of N. Goldenrod Road, approximately a ½ mile south of University Boulevard gross acres Mark Gothea (Applicant Representative) Make a finding of consistency with the Comprehensive Plan and recommend APPROVAL of the requested R-3 (Multiple-Family Dwelling District) zoning, subject to the following restrictions: Meeting of March 17,

4 1) Development shall be limited to a maximum of seventy (70) market-rate multi-family residential dwelling units; 2) A Type C buffer, consisting of a completely opaque 6-foot high masonry wall, fence, berm, planted and/or existing vegetation (or any combination thereof), shall be provided along all property lines abutting residentially zoned parcels; and 3) The applicant / developer shall submit a site plan to demonstrate compliance with all Orange County Code requirements (including landscaping) prior to the expansion of any existing structures or new site improvements to accommodate R-3 uses. Motion / Second: AYE (voice vote): NAY (voice vote): Absent: Rick Baldocchi / Jimmy Dunn Rick Baldocchi, Jimmy Dunn, Marvin Barrett, Paul Wean, Jose Cantero, Yogesh Melwani and Tina Demostene None JaJa Wade and Pat DiVecchio PLANNED DEVELOPMENT REZONING PUBLIC HEARING: 1. LUP , James Willard, District 1 Project Name: Consideration: Wincey Groves Planned Development (PD) A request to rezone a gross acres from A-1 (Citrus Rural District) to PD (Planned Development District) with the intent to construct 175 residential units, or up to 209 residential dwelling units (using 34 bonus units). Location: Generally located south of McKinney Road and west of C.R. 545 (Avalon Road). Tract Size: gross acres James Willard (Applicant) Meeting of March 17,

5 Action: Make a finding of consistency with the Comprehensive Plan and recommend APPROVAL of the Wincey Groves Planned Development / Unified Neighborhood Plan (PD / UNP), subject to the following conditions: 1. Development shall conform to the Wincey Groves Planned Development / Unified Neighborhood Plan (PD/UNP) dated "Received February 25, 2016," 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 and this Unified Neighborhood Plan dated "Received February 25, 2016," 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 ( Board ) at the public hearing where this development received final approval, 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. In the event any such promise or representation is not complied with or adhered to, or the project deviates from or otherwise conflicts with such Meeting of March 17,

6 promise or representation, the County may withhold (or postpone issuance of) development permits and/or postpone the recording of (or refuse to record) the plat for the project. 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 and approved. 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. 4. Developer / Applicant has a continuing obligation and responsibility from the date of approval of this Unified Neighborhood Plan to promptly disclose to the County any changes in ownership, encumbrances, or other matters of record affecting the property that is subject to the plan, and to resolve any issues that may be identified by the County as a result of any such changes. Developer / Applicant acknowledges and understands that any such changes are solely the Developer s / Applicant s obligation and responsibility to disclose and resolve, and that the Developer s / Applicant s failure to disclose and resolve any such changes to the satisfaction of the County may result in the County not issuing (or delaying issuance of) development permits, not recording (or delaying recording of) a plat for the property, or both. 5. Property that is required to be dedicated or otherwise conveyed to Orange County (by plat or other means) shall be free and clear of all encumbrances, except as may be acceptable to County and consistent with the anticipated use. Owner / Developer shall provide, at no cost to County, any and all easements required for approval of a project or Meeting of March 17,

7 necessary for relocation of existing easements, including any existing facilities, and shall be responsible for the full costs of any such relocation prior to Orange County s acceptance of the conveyance. Any encumbrances that are discovered after approval of a PD Land Use Plan shall be the responsibility of Owner / Developer to release and relocate, at no cost to County, prior to County s acceptance of conveyance. As part of the review process for construction plan approval(s), any required off-site easements identified by County must be conveyed to County prior to any such approval, or at a later date as determined by County. Any failure to comply with this condition may result in the withholding of development permits and plat approval(s). 6. Signage shall comply with Orange County Section (d)(5)(c). 7. Tree removal / earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision Plan and/or Development Plan with a tree removal and mitigation plan have been approved by Orange County. 8. A current Level One Environmental Site Assessment (ESA) and current title opinion shall be submitted to the County for review and approval as part of any Preliminary Subdivision Plan (PSP) and / or Development Plan (DP) submittal. 9. The following Education Condition of Approval shall apply: a. Developer shall comply with all provisions of the Capacity Enhancement Agreement entered into with the Orange County School Board as of MM DD, YYYY. b. Upon the County's receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the ## residential units allowed under the zoning existing prior to the approval of the PD zoning. The County may again begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Meeting of March 17,

8 Enhancement Agreement. The developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. c. Developer, and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, 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 rights. d. Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. e. Prior to or concurrently with the County's approval of the plat, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. Note: The highlighted CEA information will be inserted upon completion. The BCC public hearing will not be requested or scheduled until the missing information has been provided by OCPS. 10. Unless the property is otherwise vested or exempt, 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 approval of the plat. Nothing in this condition, and nothing in the decision to approve this land use plan, shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a CEL or a CRC. 11. The applicant must comply with the terms and conditions of the Wincey PD APF Agreement. Meeting of March 17,

9 12. The Developer shall obtain water, wastewater and reclaimed water service from Orange County Utilities. 13. At least thirty (30) days prior to construction plan submittal, the applicant shall submit a Master Utility Plan (MUP) for this PD; such MUP shall include supporting calculations showing that the PD-level MUP is consistent with the approved MUP for the Village, or shall include an update to the Village MUP to incorporate any revisions. The MUP(s) must be approved prior to construction plan approval. 14. The developer shall be responsible for building master utilities transmission and collection infrastructure adequate to serve the PD and to accommodate the ultimate flows for the entire Town Center Village (SAP). Utilities infrastructure shall be built connecting to the build-out points of connection approved in the Master Utility Plan. 15. Prior to construction plan approval, all property owners within the Town Center Village, excluding public entities, shall be required to sign an agreement between the parties addressing their proportionate share of funds for the costs of the offsite and onsite master utilities sized to Village requirements. Property owners may elect to use alternate financing in lieu of the private proportionate cost share agreement provided master utilities sized for Village requirements are constructed. 16. The proposed development is adjacent to an existing and permitted City of Orlando / Orange County Water Conserv II Rapid Infiltration Basin (RIB) site. The design and permitting (stormwater, etc.) for the proposed development shall take into account the groundwater mounding produced by the adjacent RIBs when loaded at full permitted capacity and during wet weather conditions. At the time of construction plan submittal, provide calculations and documentation certifying that the design complies with this condition. 17. The CC&Rs shall describe the presence of a regional reclaimed water storage and pumping facility adjacent to the northern and western boundaries of this PD, and shall list the specific lots potentially affected by proximity to this facility which utilizes large pumps and generators. Meeting of March 17,

10 Motion / Second: AYE (voice vote): NAY (voice vote): Recused: Absent: Marvin Barrett / Tina Demostene Marvin Barrett, Tina Demostene, Paul Wean, Jose Cantero, and Yog Melwani None Jimmy Dunn and Rick Baldocchi JaJa Wade and Pat DiVecchio ORDINANCE PUBLIC HEARING: 1. Proposed Ordinance related to School Impact Fees & Student Generation Rate Consideration: Action: Motion / Second: AYE: NAY: Absent: Proposed changes to the school impact fee amount and updates to student generation rates which are required to be reviewed / updated at least once every four (4) years. Brandy Driggers, Development Services Supervisor Make a finding of consistency with the Comprehensive Plan and determine that the proposed amendment is in compliance and recommend ADOPTION to the Board of County Commissioners. Tina Demostene / Jimmy Dunn Tina Demostene, Jimmy Dunn, Paul Wean, Marvin Barrett, Rick Baldocchi, Jose Cantero, and Yog Melwani None Pat DiVecchio and JaJa Wade WORK SESSIONS: 1. UCF / Alafaya Trail Protection Safety Study Meeting of March 17,

11 Purpose / Action: A PZC work session on a pending UCF / Alafaya Trail Protection Safety Study. As a work session, no action was required. However, the PZC was notified of a forthcoming public hearing. Anoch Whitfield, Transportation Planning 2. International Drive District Overlay Zone Purpose / Action: A PZC work session on the International Drive 2040 Vision, and a pending International Drive District Overlay Zone Code. As a work session, no action was required. However, the PZC was notified of a forthcoming public hearing. Alberto Vargas, Manager, Planning Division 3. Child Care Crash Barriers Purpose / Action: A PZC work session on a pending Child Care Crash Barriers Ordinance. As a work session, no action was required. However, the PZC was notified of a forthcoming public hearing. Alan Marshall, Assistant to the Director Community, Environmental, and Development Services Department Meeting of March 17,

12 MEETING ADJOURNED With no further business, Commissioner Barrett made a motion to adjourn. The motion was seconded by Commissioner Dunn, and was passed on a 6-0 vote. The meeting adjourned at approximately 12:03 p.m. Jose Cantero, Chairperson Terri-Lyn Pontius, Recording Secretary Meeting of March 17,