May 5, 2015 Presentation to the Orange County Board of County Commissioners on behalf of Citizens United for Sensible Growth, Inc. (CUSG) By Karen Z. Consalo, Esquire (Credential submitted to Record)
Additional Presentations Today on behalf of Citizens United for Sensible Growth: • Rich Unger, FAICP, resume, letter regarding current proposal, and slides from November 5, 2013 presentation regarding the campus site plan • Testimony regarding detrimental affect on pedestrian safety • Photos, video, and resident testimony as to the current, quiet, rural character of the area an proposed disruption to the West Windermere Rural community • Visual demonstration of School Board’s records re: the location of majority of current student population and future population growth • Excerpts from of School Board, County Commission, and County BZA discussions • Resubmittal of slide presentation from Rich Unger, FAICP at prior Board consideration of this special exception (noted in blue; Unger resume submitted)
OBJECTION TO HEARING TODAY: • CUSG objects to the rehearing of a special exception application which was already denied by this Board and is currently subject to multiple legal actions by the School Board There is no statutory or code framework by which this “settlement agreement” may lawfully replace the properly enacted prior decision of this Board Unprecedented in any prior Orange County land development action The sitting BCC which originally heard this matter already considered rehearing of this matter under lawful parameters of seeking a vote for reconsideration at the May 6, 2014 BCC hearing and declined to do so The School Board and the BCC also previously attempted to reach a settlement through recognized mediation under Ch. 164, Florida Statutes and such attempt failed Orange County Code actually prohibits the current action reconsideration of a special exception application per section 30-48 Motions for temporary emergency injunctions filed with 5th District and Ninth Circuit
OBJECTION: ORANGE COUNTY CODE PROHIBITS THIS SO-CALLED “SETTLEMENT AGREEMENT” Sec. 30-48. - Application for rehearing. No person shall have the right to file an application for a public hearing under the provisions of this article, and amendments thereto, if the property for which the public hearing is requested has been the subject of: (1) A public hearing before the planning and zoning commission, the board of zoning adjustment or the board of county commissioners, or (2) An appeal from the results of a public hearing to the board of county commissioners or a court of competent jurisdiction, or (3) A petition for a writ of certiorari resulting from the outcome of a public hearing at the county level, of the kind and type requested in the application within a period of nine (9) months prior to the filing of the application.
CURRENT COURT ORDER HAS BEEN APPEALED BY OCPS, COUNTY AND CUSG TO SEEK CLARIFICATION OF THE TRIAL COURT ORDER. “The terms and conditions upon which that special exception is granted is a function of [Orange County], however, and cannot be dictated by the court under these circumstances.” The court then ruled against OCPS and in favor of Orange County in regards to Counts II, III, and IV Only in Count I did the court rule “in part” for OCPS and stated “Orange County may not ignore the requirements of the Orange County Public School Siting Regulation and Comprehensive Plan in considering the application of the Plaintiff for a special exception to construct a high school on the [OCPS] property at issue in this case. The School Board also filed a request with Judge Blackwell asking her to order the County to issue a permit for this high school. She refused to do so.
THE SCHOOL BOARD PROPOSAL VIOLATES MULTIPLE PROVISIONS OF THE COMPREHENSIVE PLAN, INCLUDING: • Failure to protect and preserve the West Windermere Rural Settlement • Failure to ensure compatibility • Failure to ensure pedestrian and vehicular safety
FLU 1.1.4(H): RURAL AND RURAL SETTLEMENT RELATED “Rural Settlement… recognizes and preserves existing development patterns, provides for a rural residential lifestyle, and manages the transition of rural areas near the [Urban Service Area]”
FLU: 4.18.8: Schools Village F [of Horizon West] shall provide for one elementary school site per neighborhood. A high school site is also located with the boundary of Village and is being provided in accordance with the requirements of Town Center Policy FLU 4.9.8 FLU 4.21.8: Schools Village I [of Horizon West] will include a middle school and the necessary elementary schools to serve surrounding areas and Horizon West. A high school site is located within the boundary of Village F [of Horizon West] and was provided in accordance with the requirements of Town Central [sic] FLU Policy 4.9.8.
Objective FLU 6.2: Rural Settlements Rural Settlements provide for a rural residential lifestyle. Rural Settlements were intended to recognize and preserve existing development patters at the time the Comprehensive Plan was adopted in 1991. The creation of Rural Settlements recognized the need to maintain agricultural areas and rural uses in the Rural Settlements Designates West Windermere as a protected Rural Settlement
A Sampling of Comp Plan Policies Designed to Protect the Rural Settlement: • Pavement for road improvements shall be kept as narrow as safety allows while encouraging alternative means of transportation, preserving wildlife corridors, and maintaining aesthetically pleasing landscapes (from FLU 6.2.4) • Permitted densities and intentions of land use within the Rural Settlement shall maintain the area’s rural character. (from FLU 6.2.5) • Development approval should be determined from proposed lot size, open space and preserved views, tree canopy, building location and orientation, and compatibility with existing land uses. (from FLU 6.2.5)
FLU 6.2.12 Any proposed use within a Rural Settlement for new construction with GBA above 50,000 sf OR with more than 10,000 anticipated weekly trips may be considered inappropriate for a Rural Settlement if the following conditions exist: The proposed use is located in a Rural Settlement that has maintained a rural and historic character, consistent with the intent of Rural Settlements. It is determined that the proposed use(s) by size, massing and traffic, will unduly impact the historic and rural character of the Rural Settlement. The use, as determined by a market study, is primarily intended for those whose daily life activities do not occur within the Rural Settlement. It is not demonstrated that other potential sites were evaluated as being suitable.
From FLU 6.2.14: The future land use, density and intensity of development adjacent to a Rural Settlement shall not negatively impact the character of the Rural Settlement. Density on adjacent parcels shall be reviewed the context of its compatibility with the Rural Settlement…
FLU Objective 8.2: Compatibility Compatibility will continue to be the fundamental consideration in all land use and zoning decisions. For purpose of this objective, the following policies shall guide regulatory decisions that involve differing land uses. Per 8.2.1: “Land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property though the appropriate development order to ensure compatibility…” Per 8.2.11: Compatibility may not necessarily be determined to be a land use that is identical to those uses that surround it. Other factors may be considered, such as the design attributes of the project, its urban form, the physical integration of a project and its function in the broader community, as well as its contribution toward the Goals and Objectives in the CP. The CP shall specifically allow for such a balance of considerations to occur.
Transportation Policies: Vehicular and Pedestrian safety required by: Public School Facilities Policy 8.7.4, Transportation Element T2.5, and Transportation Policy T.2.5.13 Also Policy T1.1.5: Orange County shall consider commercial vehicles, including buses and trucks with six or more tires, in the planning and design of the County’s Transportation system.
From Rich Unger BCC Presentation 11/5/13: Orange County Says it Wants Smart Growth! (Required by the Comprehensive Plan 2010-2030) • Mixed land uses • Creates walkable neighborhoods • Improves traffic congestion • Preserves rural space • Fosters strong sense of belonging • Encourages strong citizen involvement • Revitalizes community life (Horizon West designed to be a “Smart Growth” community)
From Rich Unger BCC Presentation 11/5/13: • OBJ FLU 8.2 COMPATIBILITY. Compatibility will continue to be the fundamental consideration in all land use and zoning decisions. For purposes of this objective, the following policies shall guide regulatory decisions that involve differing land uses. • This proposed high school is located immediately adjacent to four existing, large lot, rural residential subdivisions zoned R-CE-1/1 (Southern Acres, Lake Cawood Estates, Oxford Moor and Tildens Grove) – three of which are located in the West Windermere Rural Settlement. • Given the proximity to these subdivisions in conjunction with the impacts associated with high school-related activities, it is inconsistent with OBJ FLU 8.2.
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