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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. January 26, 2010. Board of County Commissioners. District #: 1 Case #: RZ-09-06-016 Applicant: John Adams for Lake Austin PD (AKA Grande Palisades Resort DRI) Request: A-1 (Citrus Rural District) , A-2 (Farmland Rural District), and

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING January 26, 2010

  2. Board of County Commissioners District #:1 Case #:RZ-09-06-016 Applicant:John Adams for Lake Austin PD (AKA Grande Palisades Resort DRI) Request:A-1 (Citrus Rural District), A-2 (Farmland Rural District), and PD (Planned Development District) to PD (Planned Development District)

  3. Board of County Commissioners Proposed Use:Development in accordance with the approved PD Land Use Plan (LUP) for this application: Timeshare – up to 4,159 units Ground Floor Commercial – up to 60,000 square feet of C-1 (Retail Commercial District) uses Recreation – conventional recreation facilities, including sport courts, pools, and fitness centers. In addition, nature trails, a beach, boating facilities, and a fitness tower are proposed. (Required by the Growth Center Resort regulations).

  4. Board of County Commissioners USE COMPARISON: Development in accordance with the approved PD Land Use Plan (LUP) from 2004 to current request: Approved LUP 2004 Proposed this LUP 2009 Acres 106.21 ac. 210.98 ac. Time Share up to 999 units up to 4,159 units Commercial 15,000 sq. ft. (C-1 uses) 60,000 sq. ft. (C-1 uses) Recreation 6.2 ac. 21.8 ac.

  5. Board of County Commissioners RZ-09-06-016 Zoning Map

  6. Board of County Commissioners RZ-09-06-016 Future Land Use Map

  7. Board of County Commissioners Lake Austin Land Use Plan

  8. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to the following conditions:

  9. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Lake Austin PD Land Use Plan dated “Received July 7, 2009November 11, 2009,” and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received July 7, 2009November 11, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

  10. Board of County Commissioners DRC Conditions of Approval Cont’d. 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. All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination (CAD) and a Conservation Area Impact (CAI) Permit. Approval of this plan does not authorize any direct or indirect conservation area impacts.

  11. Board of County Commissioners DRC Conditions of Approval Cont’d. 4. The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. 5. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the next Preliminary Subdivision Plan/Development Plan (PSP/DP). The MUP must be approved prior to Construction Plan approval. 6. 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. However, nothing in this condition and nothing in the decision to approve this development plan shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. 7. Parking shall be limited to 110 percent of the minimum amount required per Code.

  12. Board of County Commissioners DRC Conditions of Approval Cont’d. • 8. Signage for the commercial shall not be placed along State Road 545 / • Avalon Road. • 9. No permanent school-aged children shall be generated as a result of this • development. • 10. Billboards and pole signs shall be prohibited. Ground and fascia signs • shall comply with Ch. 31.5. • Outdoor sales, storage, and display shall be prohibited. • A Tree Survey Mitigation Plan for the undeveloped property (phase two) will • be required at PSP/DP submittals. • A minimum building setback of 25 feet from the PD perimeter shall be • maintained. • Maximum impervious area shall be limited to 65 percent. The project shall • have a minimum open space requirement of 35 percent.

  13. Board of County Commissioners DRC Conditions of Approval Cont’d. • 15. No Board of County Commissioners (BCC) public hearing shall be held for this request until the PD Land Use Plan (LUP) has been approved by the • Orange County Development Review Committee (DRC). (The DRC • reviewed and approved the PD-LUP as noted in this report on July 7, 2009, • thus complying with this condition for the BCC public hearing). • 16. Access to the existing parcels and uses on the south side of Grande • Palisades Boulevard, including immediate access to the existing sand • road, shall be provided, subject to review and approval by Orange County. • All costs associated with the provision of such access shall be borne by • the applicant/owner. • This Development shall comply with the Grand Palisades Resort • Development of Regional Impact Development Order.

  14. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to seventeen (17) conditions.

  15. Board of County Commissioners Action Requested • A) Approve the Grand Palisades DRI/DO • B)Make a finding of consistency with the Comprehensive Plan and approve the Lake Austin PD Land Use Plan, dated “Received July 7, 2009 November 11, 2009” subject to seventeen (17) conditions, which includes complying with the DRI-DO, as identified in the P&ZC Recommendations of the Staff Report.

  16. Board of County Commissioners PUBLIC HEARING

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