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,

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: SchoolsVillage 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 6.2.12Any 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:

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.

Vehicular and Pedestrian safety required by:

Public School Facilities Policy 8.7.4, Transportation

Element T2.5, and Transportation Policy T.2.5.13

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.


• FLU 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 through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. (Policy 3.2.25)

• FLU 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 its contribution toward the Goals and Objectives in the CP. The CP shall specifically allow for such a balance of considerations to occur.

• The Applicant has compared itself to Windermere Preparatory School located approximately one-mile to the East of this proposed site. There are noteworthy differences between the two.


The Proposed High School is incompatible in Architecture and Size

Oak Ridge High School

3 story classrooms, 350,000 sq. ft. of buildings


Rural Settlement CompatibilityWhich one matches Current Character?

OR

Oxford Moor to the East


Olympia High School

Rear View – 2 storyMildew Tennis Courts

Trailers/Dumpsters Sea of Parking Lots


Olympia High School Sign Violations8 signs where PD/LUP allows only 2 (one at each entrance)

Apopka-Vineland Entrance-North

Apopka-Vineland Entrance-South Conroy Entrance


Other OCPS Schools

Back of Ocoee High School – 2 story

Back of Wekiva High School – 2 story

Back of Wekiva High School


THE SCHOOL BOARD PROPOSAL ALSO VIOLATES THE ORANGE

COUNTY CODE:

Fails to comply with Special Exception Requirements

Fails to comply with School Siting Requirements

WHAT CODE SAYS ABOUT SPECIAL EXCEPTIONS FOR HIGH

SCHOOLS IN THE RURAL SETTLEMENT:

Sec. 38-1751. Zoning categories in which schools are allowed.

Public schools shall be permitted by right or by special exception in the following zoning categories, subject to

the site and development standards set forth in sections 38-1753 to 38-1755.

School LocationBy Right

(Zoning District)

By Special Exception(Zoning District

HighRural

SettlementP-D

R-1, R-1A, R-1AA, R-1AAA, R-1AAAA, R-2, R-CE, RCE-2…

Special Exception Criteria Per Orange County Code (38-74 and 34-78)

1. Consistent with the Comprehensive Plan The use shall be consistent with the Comprehensive Policy Plan.

2. Similar, Compatible & Consistent with Surrounding Area The use shall be similar and compatible with the surrounding area

and shall be consistent with the pattern of the surrounding development.

3. Not a Detrimental Intrusion The use shall not act as a detrimental intrusion into a surrounding

area.

4. Performance Standards The use shall meet the performance standards of the district in which

the use is permitted.5. Use shall be Similar in Noise… The use shall be similar in noise, vibration, dust, odor, glare, heat

producing and other characteristics that are associated with the majority of uses

currently permitted in the zoning district.

6. Landscape Buffer Landscape buffer yards shall be in accordance with section 24-5 of

the Orange County Code. Buffer yard types shall track the district in which the use is permitted.

Special Exception Criteria 1:Consistency with the Comprehensive Plan

AS DESCRIBED EARLIER IN THIS PRESENTATION AND AS

DEMONSTRATED IN THE RECORD DOCUMENTS SUBMITTED TO THIS

BOARD, AS WELL AS THE TESTIMONY YOU WILL HEAR TODAY, THIS

MASSIVE HIGH SCHOOL CAMPUS VIOLATES MANY PROVISIONS OF THE

COMPREHENSIVE PLAN, MOST PARTICULARLY THOSE ESTABLISHED

TO PROTECT ORANGE COUNTY RURAL SETTLEMENTS!

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Special Exception Criteria 2:The use shall be similar and compatible with the

surrounding area and shall be consistent with the pattern of the surrounding development.

AS DESCRIBED EARLIER IN THIS PRESENTATION AND AS DEMONSTRATED IN THE RECORD

DOCUMENTS SUBMITTED TO THIS BOARD, AS WELL AS THE TESTIMONY YOU WILL HEAR TODAY, THIS MASSIVE HIGH SCHOOL CAMPUS FAR EXCEEDS

THE DENSITY, INTENSITY, SCALE AND MASSING OF THE OTHER DEVELOPMENTS WITHIN THE WEST

WINDERMERE SETTLEMENT.FURTHER, IT WILL BE DEMONSTRATED THAT

ALTHOUGH A SIMILAR AND COMPATIBLE HIGH SCHOOL CAN BE DESIGNED, LIKE THE

WINDERMERE PREP SCHOOL, OCPS SIMPLY REFUSES TO DO SO. 27

Special Exception Criteria 3. Not a Detrimental Intrusion The use shall not act as a detrimental

intrusion into a surrounding area.• 350,000 sq. ft. of multiple buildings• 3 story classrooms – 50 ft. high• 2,850 + students• Six sport related facilities

Under current zoning – maximum # lots = 66 (632 calculated daily trips)

High School with 2,850 students = 4,822 daily trips7 times the amount of traffic if developed as single-family

lots

Calculations are based on the State of Florida’s DOT 8th Edition ITE Generation Report.


THE SCHOOL BOARD CAMPUS PLAN IS NOT A COMPATIBLE

DESIGN AND WILL CAUSE SIGNIFICANT ADVERSE AFFECTS

ON THE RURAL SETTLEMENT

(with or without a stadium!)

Preserve the Rural Settlement Area, R-CE, Character

Rural Settlement Compatibility

Rural Settlement Compatibility

Which one matches Current Character?

OR

Southern Acres to North

Appropriate Scale and Design Can Be Done with a High School but OCPS Refuses to Modify its Boilerplate High

School

Windermere Preparatory School

OCPSStandard Model


Scale and DesignWindermere Preparatory:

OCPS High School Prototype:

From Rich Unger Nov. 5, 2013 BCC Presentation:

Windermere Prep Comparison:

OCPS 350,000 square Feet 2,850 High School

Students 9-12 Grade Stadium Lights Design does NOT

complement the Rural Settlement

Proposed H.S is located adjacent to four existing large lot ,rural residential subdivisions (R-CE-1) and purchased after the platting of these four subdivisions

WPS 250,000 Square Feet 425 High School Students K-12 No Stadium Lights (per

Special Exception) Architecture and design

was established to complement the rural settlement

Special exception was granted in 1998 prior to the approval of the majority of subdivisions in the area

Special Exception Criteria 4:Performance Standards

The use shall meet the Performance Standards of the district in which the use is permitted.

35

If Approved, this High School Will Create Long Term Traffic Congestion & Pedestrian Safety on County Road 535 and

Winter Garden Vineland intersection


County Road 535:

• A four lane arterial highway with interspersed turn lanes

• Serves as the primary roadway for Disney employees

• Comprehensive Plan Transportation Element indicates that “three (3) northern segments of CR 535 will be failing through 2030”


School Board Proposal: All high school traffic (morning, evening, lunch) will

ingress and egress from CR 535 Due to the School Board’s decision not to purchase

the 10 acres south of this property, there is no other roadway access!

Proposed high school with add 69 bus trips per day Will add 3,953 other vehicular trips per day, which

will overlap with morning rush hour (1,483 additional peak AM trips and 1,049 additional peak PM trips)

Need to widen bucolic CR 535 to seven lanes with two new signaled intersection, dual left turn lands and a right turn lane

Traffic Congestion and Pedestrian Safety

Roadway Capacity and Level of Service (LOS)• The Orange County Transportation Element is

dominated by goals and objectives to move vehicles smoothly, as fast and unimpeded as possible.

Objective T2.1 requires the County to maintain minimum level of service standard “D” in rural areas)• Traffic studies consider congestion and impacts to

roads, not impacts to adjacent and nearby properties; roads, cars and congestion mitigation are all that matter

If this high school is approved, the LOS of CR 535 will fall to a Level E !


LOS From Transportation Element of Comprehensive Plan


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”

90 AM; 80 PM bus trips for the school!

Traffic Congestion and Pedestrian SafetyStudent/Faculty arrival and departure times anticipated back-ups:

Sunset Park Elementary


Sunset Park traffic blocking Commercial businesses driveway


Vehicular and Pedestrian safety required by:

Public School Facilities Policy 8.7.4, Transportation

Element T2.5, and Transportation Policy T.2.5.13

Special Exception Criteria5. Use shall be Similar in Noise…

The use shall be similar in noise, vibration, dust, odor, glare, heat producing and other characteristics that are associated with majority of uses currently permitted in the zoning district.

• Band practice• Lighting• Bells and Announcements• Evening and weekend events• Industrial air conditioning units• Buses and commercial delivery trucks

These are NOT similar characteristics to those associated with zoning designations of R-CE-1/1.

From Rich Unger BCC Presentation 11/5/13 (modified):

The School Board proposal does not even satisfy all of

the School Siting Requirements.

Section 38-1753: School Site Guidelines:(a) Schools should be located to minimize

average home-to-school travel distances based on both current and projected student enrollments.

(b) High schools should be located on roadways with adequate capacity to carry student and parent traffic and suitable for high volume traffic during evening and special events.

Further, section 38-1756 instructs County and School Board to promote, support and design schools with joint use of parks, recreation and other public facilities.

Student Population 2017-18

--- Rural Settlement Boundary

____ Rural Settlement Boundary

THE BOARD’S DECISION TODAY TO REVERSE ITS PRIOR

COURSE WILL ESTABLISH A PRECEDENT THAT A SCHOOL OF THIS MAGNITUDE WILL BE

ALLOWED IN ANY RURAL SETTLEMENT

dismantling the very protections this Board promised years ago.

When Forced by the School Board into a Similar Situation by OCPS regarding

Evans High School, this BCC denied the Special Exception Request

Evans High School Development Trend(Clarcona Rural Settlement)

Vs.West Orange Relief HS Development

Trend(West Windermere Rural Settlement)

Evans vs. West Orange

CLARCONA R.S.WEST WINDERMERE

R.S.

East-Institutional Use Residential RS- 1/1 South-Storage Facility/Gas/Cell Tower Future Commercial (+PD)West- High Density Residential Residential RS-1/1North- RC-E and Retention Pond Residential RS- 1/1

Evans DenialIn Clarcona Rural Settlement:

• Both sites purchased approximately same time

• Both sites in Rural Settlements

• Proposal to build a massive high school in the Rural Settlement was denied by County Mayor & BCC because it was found NOT to be consistent with FLU policy 3.2.25 & 2.1.18 AND would negatively impact the character of the Clarcona Rural Settlement.

Uses Around Evans Proposed High School

The BCC determined that this area within a Rural Settlement was not compatible with a huge high

school:

THIS BOARD MADE A SOUND ZONING DECISION

IN DENYING THE PROPOSED SPECIAL

EXCEPTION ON NOVEMBER 5, 2015.

Please stay true to that decision, to the County codes, and the County

Comprehensive Plan today.

Documents

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,