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Board of County Commissioners

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

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING December 16, 2008

  2. 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.

  3. Board of County Commissioners Addison Place PD/ University House Orlando DP Location Map

  4. Board of County Commissioners Addison Place PD/ University House Orlando Development Plan

  5. Board of County Commissioners Action Requested • 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.

  6. Board of County Commissioners DRC Recommendations 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. 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.

  7. Board of County Commissioners DRC Recommendations Cont’d. 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.

  8. Board of County Commissioners DRC Recommendations Cont’d. 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 6. Outdoor storage and display shall be prohibited.

  9. 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:

  10. Board of County Commissioners Nonsubstantial Deviation Request 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).

  11. Board of County Commissioners Nonsubstantial Deviation Request 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).

  12. Board of County Commissioners Nonsubstantial Deviation Request 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.

  13. Board of County Commissioners Action Requested • 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.

  14. Board of County Commissioners Project : Moss Park PD/LUPSubstantial 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:

  15. Board of County Commissioners Substantial Change Request 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.

  16. Board of County Commissioners Substantial Change Request 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.

  17. Board of County Commissioners Zoning Map

  18. Board of County Commissioners Future Land Use Map

  19. Board of County Commissioners Moss Park Land Use Plan

  20. 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.

  21. Board of County Commissioners DRC Recommendations 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.

  22. Board of County Commissioners DRC Recommendations 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 wasconsidered 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.

  23. Board of County Commissioners DRC Recommendations Cont’d. 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).

  24. Board of County Commissioners DRC Recommendations Cont’d. 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.

  25. Board of County Commissioners DRC Recommendations Cont’d. 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 paidfor 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 92-28 as amended, without credits for the school site conveyance. As an alternative, the developer may dedicate a 15-acre site to anappropriate entity for the construction and operation of a charter or public elementary school.

  26. Board of County Commissioners DRC Recommendations Cont’d. • 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, 2002. • b. Upon the County’s 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 County’s issuance of • residential building permits.

  27. Board of County Commissioners DRC Recommendations Cont’d. • 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 County’s enforcement of any of these conditions • are illegal, improper, unconstitutional, or a violation of developer’s • rights. • d. Orange County shall be held harmless by the developer and its • successor(s) and/or assign(s) under the Public Education • Agreement, in any dispute between the developer and Orange • County Public Schools over any interpretation or provision of the • Public Education Agreement. • 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.

  28. Board of County Commissioners DRC Recommendations Cont’d. • 17. No motorized watercraft shall be permitted on the lakefrom 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).

  29. Board of County Commissioners DRC Recommendations Cont’d. 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 sheriff’s substation, a library, and/or park/recreation facilities consistent with the Moss Park Master Plan LUP. The developer agrees that County’s purchase price shall not exceed the developer’s 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.

  30. Board of County Commissioners Project : Frye Center PD/LUPSubstantial 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:

  31. Board of County Commissioners Substantial Change Request • Grant a waiver from Section 38-1387(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 38-1258: • 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.

  32. Board of County Commissioners Substantial Change Request • 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.

  33. Board of County Commissioners Substantial Change Request 3) To grant a waiver from Section 38-1382(h) to allow the APF park to count toward the 5% required public open space in accordance with Future Land Use Element Policy 6.2.20 and 6.2.21. 4) To grant a waiver from Section 38-1389(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 38-1389(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 38-1389(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 38-1389(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 grocerystores, where those parking lots are located internal to the block and the building is not facing a public right-of- way.

  34. Board of County Commissioners Substantial Change Request 8) To grant a waiver from Section 38-1389(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 38-1476 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.

  35. Board of County Commissioners Zoning Map

  36. Board of County Commissioners Future Land Use Map

  37. Board of County Commissioners Frye Center Land Use Plan

  38. Board of County Commissioners Action Requested • The applicant has requested that this item be continued.

  39. 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

  40. Board of County Commissioners Frye Center PD/ Lakeside Village PSP Location Map

  41. Board of County Commissioners Frye Center PD/ Lakeside Village Preliminary Subdivision Plan

  42. Board of County Commissioners Action Requested • The applicant has requested that this item be continued.

  43. Board of County Commissioners PUBLIC HEARING

  44. Board of County Commissioners PUBLIC HEARING December 16, 2008

  45. 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.

  46. Board of County Commissioners Nonsubstantial Deviation Request • 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

  47. Board of County Commissioners Nonsubstantial Deviation Request 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

  48. Board of County Commissioners Action Requested • 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, 2019.

  49. Board of County Commissioners Project : Eagle Creek PD/LUPSubstantial 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.

  50. Board of County Commissioners Zoning Map

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