Board of County Commissioners PUBLIC HEARING December 16, 2008 Board of County Commissioners Project : Addison Place PD - University House Orlando DP District #: 5 Proposed Use:Student Housing: 416 units/995 beds - Max. building height: 65 ft./5 stories - Min. living area: 475 sq. ft. Project : Addison Place PD - University House Orlando DP District #: 5 Proposed Use:Student Housing: 416 units/995 beds - Max. building height: 65 ft./5 stories - Min. living area: 475 sq. ft. Board of County Commissioners Addison Place PD/ University House Orlando DP Location Map Addison Place PD/ University House Orlando DP Location Map Board of County Commissioners Addison Place PD/ University House Orlando Development Plan Addison Place PD/ University House Orlando Development Plan Board of County Commissioners Approve the Addison Place Planned Development University House Orlando Development Plan dated Received November 17, 2008, subject to the six (6) conditions in the staff report. Action Requested Board of County Commissioners 1.Development shall conform to the Addison Place Planned Development; Orange County Board of County Commissioners (BCC) approvals; University House Orlando Development Plan dated Received November 17, 2008; 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. 2.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. DRC Recommendations Board of County Commissioners 3. 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. 4. 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 certificate of occupancy. Nothing in this condition and nothing in the decision to approve this development 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. DRC Recommendations Contd. Board of County Commissioners 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch Outdoor storage and display shall be prohibited. DRC Recommendations Contd. Board of County Commissioners Project :Amendment to the First Amended and Restated Development Order for the Moss Park Development of Regional Impact (DRI) Applicant: Sarah Stack of MSCW District #:4 Request: To consider a nonsubstantial deviation to the Moss Park Development of Regional Impact (DRI) to: (1) amend the First Amended and Restated Development Order in order to recognize modifications to the development matrix, and to (2) based on the SB 7203 statutory extension, extend the resulting dates of the Development Order by three years. The following encompasses the changes that are being proposed: Project :Amendment to the First Amended and Restated Development Order for the Moss Park Development of Regional Impact (DRI) Applicant: Sarah Stack of MSCW District #:4 Request: To consider a nonsubstantial deviation to the Moss Park Development of Regional Impact (DRI) to: (1) amend the First Amended and Restated Development Order in order to recognize modifications to the development matrix, and to (2) based on the SB 7203 statutory extension, extend the resulting dates of the Development Order by three years. The following encompasses the changes that are being proposed: Board of County Commissioners Parcel B: -Decreased Phase 2 single-family residential units from 95 to 91 units. Parcel C: -Transferred 50,000 square feet of retail from Phase 2 into Phase 3; transferred hotel rooms from Phase 1 into Phase 3. Parcel E: - Increased single-family residential development program by 209 units (129 dwelling units in Phase 2 and 80 dwelling units in Phase 3); decreased total multi-family residential units (250) in Phase 3. Parcel F: -Transferred 25,193 square feet of office from Phase 2 into Phase 3; transferred 210 Lodging House Rooms into Phase 3. Parcel G: -Transferred 350,000 square feet of Office/Institutional from Phase 1 approved (un-built) into Phase 2 (150,000) and Phase 3 (200,000). Nonsubstantial Deviation Request Board of County Commissioners Parcel H: -Transferred 50 units from Phase 1 approved (un-built) to Phase 3, multi-family residential; transferred 200 multi-family residential units from Phase 2 to Phase 3 for a total of 250 multi-family residential units in Phase 3; transferred 43 single-family residential units from Phase 2 to Phase 3. Parcel K: -Proposed amendment to the land use and density from Hotel/Motel (up to 400 rooms) to Office/Institutional (up to 60,000 square feet Phase 2 and 80,000 square feet Phase 3). Parcel M: -Transferred 25 dwelling units from Phase 1 approved (un-built) into Phase 3 and added one square feet unit for a total of 26 single- family residential dwelling units. Parcel N: -Increased Phase 3 single-family residential units to 515 dwelling units and Phase 3 multi-family residential units to 226 units (increase in units is due to transfer of units from Parcels E and Q). Nonsubstantial Deviation Request Board of County Commissioners Parcel Q: -Amend the existing land use from Residential to Residential/Public/Institutional; increased the single-family residential, Phase 2 units from 207 dwelling units to 216 dwelling units; decreased 157 single-family residential dwelling units, Phase 3. Nonsubstantial Deviation Request Board of County Commissioners Approve the Amendment to the First Amended and Restated Development Order for the Moss Park Development of Regional Impact for a Non-Substantial Deviation Amendment to the Development Order for the Moss Park Development of Regional Impact and Notice Thereof; and to approve modifications to the development matrix and to extend the Development Order dates for three years. Action Requested Board of County Commissioners Project : Moss Park PD/LUP Substantial Change Applicant: Sarah Stack of MSCW District #:4 Request: To consider a substantial change to the approved Moss Park Plan Development/ Land Use Plan (PD/LUP) for the following: Project : Moss Park PD/LUP Substantial Change Applicant: Sarah Stack of MSCW District #:4 Request: To consider a substantial change to the approved Moss Park Plan Development/ Land Use Plan (PD/LUP) for the following: Board of County Commissioners Parcel C: -Transfer 50,000 SF of Office use from Phase 3 to Phase 2; -Transfer 25,000 SF of Retail use from Phase 3 to Phase 2. Parcel E: -Transfer 80 MFR units from Phase 2 into SFR Phase 3. Parcel F: -Transfer 100 rooms from Phase 3 to Phase 2. Parcel G: -Transfer 100,000 SF of Office/Institutional use from Phase 3 to Phase 2; - Correct the Phase 1 built square footage to be consistent with the 2003 Development Order. Parcel H: -Transfer 250 MFR units from Parcel E, Phase 3 into Parcel H, Phase 3; -Transfer 43 SFR units from Phase 2 into Phase 3. Substantial Change Request Board of County Commissioners Parcel K: - Amend the existing land use from Hotel (400 rooms) to Office/Institutional (140,000 SF) with 60,000 SF in Phase 2 and 80,000 SF in Phase 3. Parcel M: -Transfer 25 SFR units from Phase 1 Approved and 1 SFR unit from Phase 2 into Phase 3. Parcel N: -Transfer 152 SFR units from Parcel Q, Phase 3 into Parcel N, Phase 3; -Transfer 76 MFR units from Parcel H, Phase 2 into Parcel N, Phase 3. Parcel Q: - Amend the existing land use from Residential to Residential/ Public/Institutional; - Increase the SFR, Phase 2 from 207 DU to 216 DU; - Decrease the SFR, Phase 3 by 157 DU. Substantial Change Request Board of County Commissioners Zoning Map Board of County Commissioners Future Land Use Map Future Land Use Map Board of County Commissioners Moss Park Land Use Plan Moss Park Land Use Plan Board of County Commissioners Action Requested Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Moss Park PD/LUP dated Received November 7, 2008, subject to the twenty-three (23) conditions in the staff report. Board of County Commissioners 1.Development shall conform to the Moss Park PD Land Use Plan dated Received November 7, 2008, 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 November 7, 2008," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations Board of County Commissioners 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. 3. The developer shall obtain water, reclaimed water, and wastewater service from Orange County subject to County rate resolutions and ordinances. 4. Prior to construction plan approval, revised master stormwater management and utility plans shall be submitted to Orange County for review and approval. DRC Recommendations Contd. Board of County Commissioners 5. Pole signs and billboards shall be prohibited. 6. Outdoor storage and display shall be prohibited. 7. The rural character of Moss Park Road shall be maintained by the development of 1-acre lots on Parcel M. 8. Timeshare uses shall be prohibited. Parcel H1 shall be limited to residential uses only. 9. Phase III residential uses on Parcels E and N shall not be developed until access is provided from an additional east-west roadway connection (Alafaya Trail Extension). DRC Recommendations Contd. Board of County Commissioners 10. Parcel A shall be approved for office or commercial uses. Approval of a development plan for commercial uses on Parcel A shall not occur until an additional east-west roadway connection (Alafaya Trail Extension) creates an acceptable intersection consistent with Future Land Use (FLU) Element Policies regarding locational criteria for commercial uses including, but not limited to, adequate frontage on an arterial roadway. Approval of a development plan for commercial uses on Parcel A shall not occur until surrounding parcels are designated for urban uses on the FLU map. 11. Development of industrial uses on Parcel O is conditioned upon the development of an additional east-west roadway connection (Alafaya Trail Extension) from the boundary of the International Corporate Park to Narcoossee Road, and the provision of direct or indirect access to the roadway for the parcel. DRC Recommendations Contd. Board of County Commissioners 12. The rural character along Moss Park Road, and Lake Hart, shall be maintained through preservation of existing tree lines and vegetation, buffering and other methods specified in the adopted design guidelines. 13. Prior to Phase III, the applicant shall submit a study to determine the need for signalization of intersection on Moss Park Road. Signalization, if required, shall be paid for by the applicant. 14. The developer shall dedicate to the Orange County School Board a 15-acre elementary school site within Tract J. Dedication of this site shall be submitted to the Orange County School Board agreeing to build an elementary school on the site within 5 years from the date of transfer without modular portables or transferable classrooms placed on the site. The developer, it successors, or assigns, shall pay applicable school impact fees in accordance with Orange County Ordinance as amended, without credits for the school site conveyance. As an alternative, the developer may dedicate a 15-acre site to an appropriate entity for the construction and operation of a charter or public elementary school. DRC Recommendations Contd. Board of County Commissioners 15. The following Education Condition of Approval shall apply: a. Developer shall comply with all provisions of the Public Education Agreement entered into with the Orange County School Board as of January 15, b. Upon the Countys receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Public Education Agreement, the County shall immediately cease issuing building permits for any residential units. The County shall 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 Public Education Agreement. The developer and its successor(s) and/or assign(s) under the Public Education 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 Countys issuance of residential building permits. DRC Recommendations Contd. Board of County Commissioners c. Developer, or its successor(s) and/or assign(s) under the Public Education Agreement, agrees that it shall not claim in any future litigation that the Countys enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developers rights. d. Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Public Education Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Public Education Agreement. 16. A 5-acre park site located adjacent to the elementary school shall be donated to Orange County. Prior to development on any residential in Phase III, the park agreement shall be executed and the park site shall be dedicated to Orange County. DRC Recommendations Contd. Board of County Commissioners 17. No motorized watercraft shall be permitted on the lake from Parcel K. 18. Approval and authorize execution of the Development Order. 19. The conversion of any land use or density on a parcel to another land use or density shall be a substantial change to the PD/LUP subject to BCC approval. 20. No development in Phase III shall occur until the east-west roadway connection fro S.R 417 to S.R 528 (Alafaya Trail Extension) and the 2 internal north-south road connections are constructed between Moss Park Road and S.R 528 are completed. 21. Prior to the issuance of a Certificate of Completion for the infrastructure for Parcel M, on a 12-foot-wide multi-purpose pedestrian/walkway separate from the road shall be constructed on the west side of Moss Park Road to the entrance of the County Park (Moss Park). DRC Recommendations Contd. Board of County Commissioners 22. If the County desires to acquire all or a portion of Parcel J) excluding the elementary school site and park site), the developer agrees to sell such real property to the County for public institutional uses that specifically include a fire station, a sheriffs substation, a library, and/or park/recreation facilities consistent with the Moss Park Master Plan LUP. The developer agrees that Countys purchase price shall not exceed the developers cost of acquiring the property, including land costs, pro-rata costs directly related to obtaining the Master Plan approval, and carrying costs equal to the prime rate from the date the development order is rendered to the time of closing. 23. The applicant shall through Covenants, Conditions, and Restrictions require that the homeowners associations of each subdivision on Lake Hart participate in the Orange County Adopt-A-Lake Program. DRC Recommendations Contd. Board of County Commissioners Project : Frye Center PD/LUP Substantial Change Applicant: Kendall Keith of Planning Design Group District #:1 Request:To consider a substantial change to the approved Frye Center Planned Development/Land Use Plan (PD/LUP) for the following: Project : Frye Center PD/LUP Substantial Change Applicant: Kendall Keith of Planning Design Group District #:1 Request:To consider a substantial change to the approved Frye Center Planned Development/Land Use Plan (PD/LUP) for the following: Board of County Commissioners 1) Grant a waiver from Section (b)(5) to allow a maximum building height of 65 feet/4 stories in lieu of 40 feet/3 stories for Tract 2 in its entirety; and 2) Grant the following waivers from Section : a) Multi-Family buildings located within one hundred (100) feet of single- family zoned property may be up to four (4) stories in lieu of a single story maximum. b) Multi-Family buildings located within one hundred plus (100+) to one hundred fifty (150) feet of single-family zoned property may be up to four (4) stories and sixty-five (65) feet in height for 100% of the buildings in lieu of three (3) stories and forty (40) feet maximum for 50% of the buildings. c) Multi-Family buildings located within one hundred fifty (150) feet of single- family zoned property may be up to four (4) stories and sixty-five (65) feet in height in lieu of three (3) stories and forty (40) feet maximum. Substantial Change Request Board of County Commissioners d) The Board of County Commissioners has approved the height waiver to allow four (4) stories and sixty-five (65) feet, in lieu of three (3) stories and forty (40) feet. e) Parking and other paved surfaces may be located no less than seven (7) feet from single-family zoned property in lieu of a minimum twenty-five (25) foot landscape buffer. f) A wall along the northern property line is not required. g) In lieu of a forty (40)-foot building separation, there shall be a minimum of twenty (20) feet between all structures, except as follows: a minimum 10-foot building separation shall be provided between multi-family structures adjacent to the APF roadway. Substantial Change Request Board of County Commissioners 3) To grant a waiver from Section (h) to allow the APF park to count toward the 5% required public open space in accordance with Future Land Use Element Policy and ) To grant a waiver from Section (c)(3)(a) to decrease the minimum lot width for townhomes from twenty-five (25) feet to twenty-four (24) feet. 5) To grant a waiver from Section (c)(3)(b) to decrease the minimum lot depth for townhomes from one hundred twenty (120) feet to eighty-six (86) feet. 6) To grant a waiver from Section (c)(4)(h), which requires that parking lots and garages not be located adjacent to street intersections or civic use areas, to allow parking to be located in front of the property. 7) To grant a waiver from Section (c)(4)(i) to allow parking to be located in front of the property. Parking lots in the Village Center are not required to be located at the side or rear of grocery stores, where those parking lots are located internal to the block and the building is not facing a public right-of- way. Substantial Change Request Board of County Commissioners 8) To grant a waiver from Section (c)(6)(d) to eliminate the requirement that the edges of parking lots which abut a property under different ownership shall have a street wall or be planted with shrubs. The Village Center portion of the Frye Center PD will be developed under a unified plan; however, there may be different property ownerships with joint parking and access. All parking lots at the perimeter of the PD that abut different properties will meet the buffering requirement of the Village Development Code; however, all parking lots internal to the PD will be exempt. 9) Grant a waiver from Section to eliminate the provision of additional parking spaces for second floor mezzanine space, where such space is inaccessible by customers. The maximum reduction allowed by this waiver will not exceed the parking requirement for 10,000 square feet of general retail space, or 50 parking spaces. Substantial Change Request Board of County Commissioners Zoning Map Board of County Commissioners Future Land Use Map Future Land Use Map Board of County Commissioners Frye Center Land Use Plan Frye Center Land Use Plan Board of County Commissioners Action Requested The applicant has requested that this item be continued. Board of County Commissioners Action Requested Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Frye Center PD/LUP dated Received November 20, 2008, subject to the twenty-nine (29) conditions in the staff report. Board of County Commissioners 1.Development shall conform to the Frye PD Land Use Plan dated Received November 20, 2008 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 November 10, 2008, the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations Board of County Commissioners 5.The developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. 6.Master stormwater, water, wastewater, and reclaimed water plan, including preliminary calculations, shall be required to be submitted for review and approval prior to construction plan submittal. 7.The water main connection point for the project is to the existing water main along C.R The wastewater connection point for this project is to the existing force main at the intersection of Reams Road and C.R Any extension of the force main along C.R. 535 will have to be village sized. The reclaimed water connection point for this project is to the existing reclaimed water main at the intersection of Reams Road and C.R Any extension of the reclaimed water main along C.R. 535 will have to be village sized. DRC Recommendations Contd. Board of County Commissioners 8. The developer shall comply with all provisions of the Public Education Agreement entered into with the Orange County School Board. The developer has a signed Capacity enhancement Agreement (CEA #05-002) and the First amendment to that CEA executed on February 22, 2006, and April 08, 2008, respectively, with Orange County Schools and they are on file with the Orange County Planning Division. Upon the Countys receipt of written notice from Orange County Public Schools that the developer is in default or breach of the CEA, the County shall immediately cease issuing building permits for any residential units in excess of the 59 residential units allowed under the zoning existing prior to the approval of the PD zoning. (The applicant has acknowledged in a letter dated November 7, 2006, to OCSB that the number of vested residential units referenced in the second recital of the CEA should be deemed to be 59, not 178; and the CEA would not be applicable to any residential units in the Village Center until the middle school site is conveyed. The applicant does not object to an amendment to the CEA to that effect.) The County shall 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 CEA. The developer and its successor or assign under the CEA shall indemnify and hold the County harmless from any third party DRC Recommendations Contd. Board of County Commissioners claims, suits, or actions arising as a result of the act of ceasing the Countys issuance of residential building permits. The developer, or its successor or assign under the CEA, agrees that it shall not claim in any future litigation that the Countys enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developers 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. 9. A Developers Agreement has been executed by Orange County, the developer of North of Albert, and the applicant addressing the conveyance of the Middle School site for Lakeside Village. This agreement satisfies the requirements set forth in Orange County Code (OCC) Section (2)(b) for the Frye Property LUP. DRC Recommendations Contd. Board of County Commissioners 10. The applicant shall 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 platting. However, nothing in this condition and nothing in the decision to approve this LUP shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a Capacity Encumbrance Letter. 11. The Amended and Restated Frye Center PD APF Agreement is approved and supersedes and replaces the original APF Agreement as approved by the Board of County Commissioners on July 8, 2008, as recorded in O.R. Book #9733, Page A waiver from Orange County Code (b)(5) is granted to allow a 65 foot/4 story maximum building height in lieu of 40 feet/3 stories for Tract 2 in its entirety. DRC Recommendations Contd. Board of County Commissioners 13. This development is approved for a maximum of 162,260 square feet in consideration of the Village Center lands situated within the PD that also includes the Lakeside Village Middle School Site. In order to meet current retail development standards, a waiver from OCC (b)(4) is granted to allow the maximum gross floor area per retail establishment (excluding grocery store) to be 15,000 square feet in lieu of 5,000/10,000 square feet. A request for a waiver from OCC (b)(4) to permit the maximum gross floor area per grocery store to be 54,000 square feet instead of 50,000 square feet has been withdrawn by the applicant. Accordingly, no grocery store shall exceed 50,000 square feet. 14. No later than 90 days after the Board of County Commissioners approves the Frye Center PD land use plan and the accompanying Developers Agreement, a conveyance document for Tract 6 for civic and public uses shall be provided to the County at no cost to the County. 15. A drive-through shall be permitted solely in conjunction with financial institutions, grocery stores, and drug stores. DRC Recommendations Contd. Board of County Commissioners 16. The maximum lot coverage for multi-family, retail, and office shall not exceed 80 percent. 17. Freestanding, enclosed car washes shall only be permitted as ancillary uses in conjunction with gas pump stations. 18. Any waivers from the Performance Standards shall require BCC approval. 19. 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 owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a promise or representation shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. DRC Recommendations Contd. Board of County Commissioners 20. The maximum number of units shall be limited to 410. All acreages regarding conservation areas and buffers are considered approximate until finalized by Conservation Area Determinations and Conservation Area Impact Permits. Approval of this plan does not permit any proposed conservation impacts. 21. A block plan shall be provided at the time of the Preliminary Subdivision Plan (PSP) or Development Plan (DP) approval, whichever is submitted first. 22. There shall be a stub-out to the north of the development. The exact alignment shall be determined at the time of PSP/DP approval. 23. There shall be a full access point located at Tract 6 and C.R. 535, and any proposed signalization shall be subject to signal warrants. 24. Unless a Conservation Area Impact Permit is approved by the County prior to Construction Plan approval, no conservation area encroachments are permitted. DRC Recommendations Contd. Board of County Commissioners 25. A 5 (five) - acre public park site located around Lake Spar on upland property will be set aside and identified on the first preliminary subdivision plan for Board approval. The park site shall be contiguous to the park site located on the Black Amber property to the south, unless there is not such a park site located on the property to the south. Funding of the maintenance of the open space will be the responsibility of the Property Owners Association or any other entity/body acceptable to Orange County. A Property Owners Association (POA) or other County approved mechanism shall be established within the Village Center for the operation and funding of the maintenance of the Village Center Park. This POA may include other property owners and parcels. And further, a Use Agreement between Orange County and the applicant shall be required for maintenance of the park. 26. At the time of platting, Tracts 4 and 5, including upland buffers, designated as conservation/mitigation, shall be dedicated to Orange County. 27. The Developers Agreement Regarding Lakeside Village Among GS Properties, LLC, North of Alberts, LLP, Lakeside Village Center, LLC, and Orange County is approved. DRC Recommendations Contd. Board of County Commissioners 28. The following waivers from the Village Code are granted in order to allow for a more integrated mixed-use development pattern: a. Tract 1 (Village Center) shall be permitted to hold special events throughout the calendar year. The Planning Manager in consultation with the Building and Fire Safety Departments shall review special events, and all special events shall subject to all applicable permits. With the exception of the farmers market, a special event shall not have duration beyond 72 hours. In no instance shall the following uses be permitted: 1. Car sales events i.e. events featuring or promoting the sale of new or used cars. 2. Boat sales events i.e. events featuring or promoting the sale of new or used boats. 3. Special events featuring the sale of merchandise, which is not customarily sold by uses, permitted in the Orange County Retail Commercial (C-1) Zoning District DRC Recommendations Contd. Board of County Commissioners b. Special events may be held on Tract 7 with prior approval from the Parks and Recreation Manager. The Manager on a case-by-case basis will review special events. c. A waiver from Section (h) is granted to allow the APF Park / Tract 7 to count toward the 5% required public open space in accordance with Future Land Use Element Policy and d. In order to provide for better design for the overall center, a waiver from Section (c)(4)(h), which requires that parking lots and garages not be located adjacent to street intersections or civic use areas, is granted to allow parking to be located in front of the property. e. A waiver from Section (c)(4)(i) is granted to allow parking to be located in front of the property. Parking lots in the Village Center are not required to be located at the side or rear of grocery stores, where those parking lots are located internal to the block and the building is not facing a public right-of-way. DRC Recommendations Contd. Board of County Commissioners f. A waiver from Section (c)(6)(d) is granted to eliminate the requirement that the edges of parking lots, which abut a property under different ownership, shall have a street wall or be planted with shrubs. The Village Center portion of the Frye Property PD will be developed under a unified plan, however may have different property ownerships with joint parking and access. All parking lots at the perimeter of the PD that abut different properties will meet the buffering requirement of the Village Development Code, however all parking lots internal to the PD will be exempt. g. In order to minimize parking, maximize green space, and encourage integrated parking and multi-modal transportation, a waiver from Section is granted to eliminate the provision of additional parking spaces for second floor mezzanine space, where such space is inaccessible by customers. The maximum reduction allowed by this waiver will not exceed the parking requirement for 10,000 square feet of general retail space, or 50 parking spaces. DRC Recommendations Contd. Board of County Commissioners h. A Waiver from Section (c)(3) a to decrease the minimum lot width for townhomes from twenty-five (25) feet to twenty-four (24) feet. i. A Waiver from section (c)(3) b to decrease the minimum lot depth for townhomes from one hundred twenty (120) feet to eight-six (86) feet. 29. Section , Orange County Code is intended to provide compatibility between multi-family and single-family developments on a countywide basis. These requirements are not consistent with the integrated, mixed use development in the approved Lakeside Village Specific Area Plan. At the date of this plan, the adjacent property to the north of the multi-family development on Tract 2 is designated as Townhouse/Apartment District by the Lakeside Village Specific Area Plan, but is presently zoned Agriculture (A-1). Therefore, waivers to the following subsections of Sec are required: a. Multi-family buildings located within one hundred (100) feet of single- family zoned property may be up to four (4) stories in lieu of a single story maximum. DRC Recommendations Contd. Board of County Commissioners b. Multi-family buildings located within one hundred plus (100+) to one hundred fifty (150) feet of single-family zoned property may be up to four (4) stories and sixty-five (65) feet in height for 100% of the buildings in lieu of three (3) story and forty (40) feet maximum for 50% of the buildings. c. Multi-family buildings located within one hundred fifty (150) feet of single- family zoned property may be up to four (4) stories and sixty-five (65) feet in height in lieu of three (3) story and forty (40) feet maximum. d. The Board of County Commissioners has approved the height waiver to allow four (4) stories and sixty-five (65) feet with no additional justification required to exceed three (3) stories and forty (40) feet. e. Parking and other paved surfaces may be located no less than seven (7) feet from single-family zoned property in lieu of a minimum twenty-five (25) foot landscape buffer. DRC Recommendations Contd. Board of County Commissioners f. A wall along the northern property line is not required. g. In lieu of a forty (40)-foot building separation, there shall be a minimum of twenty (20) feet between all structures, except as follows: a minimum of 10 foot building separation shall be provided between multi-family structures adjacent to the APF roadway. DRC Recommendations Contd. Board of County Commissioners Project : Frye Center PD - Lakeside Village PSP District #: 1 Proposed Use: Commercial: 162,260 sq. ft. Townhomes: 32 dwelling units Multi-Family: 342 dwelling units - Min. living area : 500 sq. ft. - Min. lot width: - Townhomes: 24 ft. - Multi-Family: 150 ft. - Retail/Office: 30 ft. - Max. building height: Townhomes: 40 ft./3 stories Multi-Family: 65 ft./4 stories Retail/Office 45 ft./3 stories Project : Frye Center PD - Lakeside Village PSP District #: 1 Proposed Use: Commercial: 162,260 sq. ft. Townhomes: 32 dwelling units Multi-Family: 342 dwelling units - Min. living area : 500 sq. ft. - Min. lot width: - Townhomes: 24 ft. - Multi-Family: 150 ft. - Retail/Office: 30 ft. - Max. building height: Townhomes: 40 ft./3 stories Multi-Family: 65 ft./4 stories Retail/Office 45 ft./3 stories Board of County Commissioners Frye Center PD/ Lakeside Village PSP Location Map Frye Center PD/ Lakeside Village PSP Location Map Board of County Commissioners Frye Center PD/ Lakeside Village Preliminary Subdivision Plan Frye Center PD/ Lakeside Village Preliminary Subdivision Plan Board of County Commissioners The applicant has requested that this item be continued. Action Requested Board of County Commissioners Approve the Frye Center Planned Development Lakeside Village Preliminary Subdivision Plan dated Received December 2, 2008, subject to the sixteen (16) conditions in the staff report. Action Requested Board of County Commissioners 1. Development shall conform to the Frye Center Planned Development; Orange County Board of County Commissioners (BCC) approvals; Lakeside Village Preliminary Subdivision Plan dated Received December 2, 2008 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 December 2, 2008," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations Board of County Commissioners 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. 3. Prior to construction plan approval, a master stormwater management plan including a drainage study to establish the 100-year flood elevation shall be submitted to the Development Engineering Division for review and approval. DRC Recommendations Contd. Board of County Commissioners 4. 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. 5. Prior to any construction plan submitted, a study to establish the 100-year flood elevation for Lake Spar shall be submitted and approved by Orange County. Compensating storage for all floodwater displaced by development below the 100-year elevation will be required. DRC Recommendations Contd. Board of County Commissioners 6. 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 Department 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 section. 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. DRC Recommendations Contd. Board of County Commissioners 7. Unless a Conservation Area Impact 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. 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. 9. Master water, wastewater, and reclaimed water plans, including preliminary calculations, shall be required to be submitted for review and approval prior to submission of construction plans. DRC Recommendations Contd. Board of County Commissioners 10. A Special Exception shall be obtained for Apartments/Condos within the Townhome/Apartment District. 11. Outdoor storage and display shall be prohibited. 12. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with the Master Sign Plan. 13. 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. 14. Prior to platting any residential portion of this development, the APF Park (Tract 7) shall be conveyed to Orange County. DRC Recommendations Contd. Board of County Commissioners 15. Prior to Development Plan approval for Tract 10, a 12-foot multi-purpose trail shall be provided to the property to the north. 16. A drainage easement to maintain functionality over the privately owned ponds shall be granted to the County at the time of platting. DRC Recommendations Contd. Board of County Commissioners PUBLIC HEARING Board of County Commissioners PUBLIC HEARING December 16, 2008 Board of County Commissioners Project : Second Amended and Restated Development Order for the Eagle Creek Development of Regional Impact (DRI) Applicant: Kathy Hattaway of HCI Planning & Development Consultants District #:4 Request: To consider a nonsubstantial deviation to the Eagle Creek Development of Regional Impact (DRI) to: (1) amend the Second Amended and Restated Development Order in order to recognize findings and modifications, and (2) based on the SB 7203 statutory extension, extend the resulting dates of the Development Order by three years. The following encompasses the findings and modifications to the DRI which are being proposed. Project : Second Amended and Restated Development Order for the Eagle Creek Development of Regional Impact (DRI) Applicant: Kathy Hattaway of HCI Planning & Development Consultants District #:4 Request: To consider a nonsubstantial deviation to the Eagle Creek Development of Regional Impact (DRI) to: (1) amend the Second Amended and Restated Development Order in order to recognize findings and modifications, and (2) based on the SB 7203 statutory extension, extend the resulting dates of the Development Order by three years. The following encompasses the findings and modifications to the DRI which are being proposed. Board of County Commissioners 1. Request Biennial Annual Reports in place of Annual Reports, 2. Document the findings and approval of the Phase 2 Monitoring & Modeling (M & M) Study, 3. Revise the Project Phasing Table to be consistent with the Phase 2 M & M Study, 4. Revise other Development Order tables to document the revised phasing program and phase dates, 5. Make minor Development Order language updates to bring project information current, 6. Combine the First Amendment to the Eagle Creek DO and the original DO with the proposed Second Amendment to create the Second Amended and Restated Development Order for the Eagle Creek DRI, and Nonsubstantial Deviation Request Board of County Commissioners 7. Eliminate the southernmost external access point on Narcoossee Road and realign the internal project spine road to connect to the external access point immediately north of the southernmost external access point Nonsubstantial Deviation Request Board of County Commissioners Approve the Second Amended and Restated Development Order for the Eagle Creek Development of Regional Impact for a Non-Substantial Deviation Amendment to the Development Order for the Eagle Creek Development of Regional Impact and Notice Thereof; to approve findings and modifications to the Development Order and to extend the Development Order date to December 31, Action Requested Board of County Commissioners Project :Eagle Creek PD/LUP Substantial Change Applicant: Kathy Hattaway of HCI Planning & Development Consultants District #:4 Request: To consider a substantial change to the approved Eagle Creek Planned Development/ Land Use Plan (PD/LUP) to eliminate the southernmost external access point on Narcoossee Road and realign the internal project spine road to connect to the external access point immediately north of the southernmost external access point. Project :Eagle Creek PD/LUP Substantial Change Applicant: Kathy Hattaway of HCI Planning & Development Consultants District #:4 Request: To consider a substantial change to the approved Eagle Creek Planned Development/ Land Use Plan (PD/LUP) to eliminate the southernmost external access point on Narcoossee Road and realign the internal project spine road to connect to the external access point immediately north of the southernmost external access point. Board of County Commissioners Zoning Map Board of County Commissioners Future Land Use Map Future Land Use Map Board of County Commissioners Eagle Creek Land Use Plan Eagle Creek Land Use Plan Board of County Commissioners Action Requested Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Eagle Creek PD/LUP dated Received November 11, 2008, subject to the ten (10) conditions in the staff report. Board of County Commissioners 1.Development shall conform to the Eagle Creek PD Land Use Plan dated Received November 11, 2008, 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 November 11, 2008," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations Board of County Commissioners 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. 3. Pole signs, billboards, and outside storage and displays are prohibited. The first Preliminary Subdivision Plan/Development Plan (PSP/DP) shall include a master sign plan for the development. DRC Recommendations Contd. Board of County Commissioners 4. Architectural Review Committee. At the time of approval of a plat for a single-family residential unit project, the developer shall have prepared and submitted for review a document containing Covenants, Conditions, and Restrictions (CC&Rs) for the property being platted. Orange County Attorneys Office shall review and approve the proposed CC&Rs. The CC&Rs, which shall be recorded simultaneous with the recording of the plat, shall include a provision for an Architectural Review Committee and incorporating the design requirements found on the LUP and the Eagle Creek Design Guidelines Booklet and all its appendices. The provision of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the Boards sole discretion, and the CC&Rs shall contain a statement to that effect. Furthermore, the CC&Rs shall provide that the homeowners association and any person owning property in the development have the right to enforce these requirements in the event they are violated. DRC Recommendations Contd. Board of County Commissioners Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces other Orange County ordinances and regulations. 5. THIS DEVELOPMENT IS PART OF THE EAGLE CREEK/MOSS PARK PUBLIC EDUCATION AGREEMENT AKA SOUTHEAST AREA REGIONAL SCHOOL PLAN. THE DEVELOPER HAS SATISFIED THIS CONDITION OF APPROVAL. 6. This project shall be a gated community and shall comply with the minimum requirements of the Gated Community Ordinance, Orange County Code Sections , , and , as they may be amended from time to time. In addition to complying with those minimum requirements, the declaration of covenants, conditions and restrictions required to be recorded simultaneous with the recording of the plat shall include terms requiring the establishment and maintenance of a fifth HOA account for the cost of storm debris removal from the subdivision infrastructure, consistent with the terms relating to the other four HOA accounts set forth in Section (8)a-d; and with respect to such fifth HOA account, the declaration shall provide requirements, restrictions, terms, conditions, and limitations consistent with the terms relating to the other four HOA accounts set forth in Section DRC Recommendations Contd. Board of County Commissioners Furthermore, prior to turning over control of the infrastructure to the HOA, the developer shall pre-fund this fifth HOA account in an amount sufficient to cover the estimated cost of debris removal for a single hurricane, which amount shall be approved by the County Engineer. 7. Prior to construction plan approval, master water, stormwater, reclaimed water, and wastewater plans, including preliminary calculations, shall be approved. 8. Approval and execution of the right-of-way agreement between Eagle Creek Development Corporation and Orange County, Florida. THE DEVELOPER IS IN COMPLIANCE WITH THE RIGHT-OF-WAY AGREEMENT THEREFORE, HAS SATISFIED THIS CONDITION OF APPROVAL. 9. The Compatibility Plan, dated Received December 4, 2002, and the clarifications introduced at the December 11, 2001, public hearing are approved by the BCC. DRC Recommendations Contd. Board of County Commissioners 10. All previous conditions of approval shall apply. (NO OTHER CONDITIONS WERE PRESENTED) DRC Recommendations Contd. Board of County Commissioners PUBLIC HEARING