Board of County Commissioners

1. Board of County Commissioners PUBLIC HEARING December 2, 2008

2. Board of County Commissioners Project : Northeast Resort Parcel aka NERP PD - Northeast Resort Phase 1 PSP District #: 1 Proposed Use: 36 Cluster Villas units: 44 Single-family dwelling units: - Min. living area: Cluster Villas: 1200 sq. ft. Single-family: 2000 sq. ft. - Max. building height: 160 feet/ 10 Stories

3. Board of County Commissioners Northeast Resort Parcel aka NERP PD/ Northeast Resort Phase 1 Location Map

4. Board of County Commissioners Northeast Resort Parcel aka NERP PD/ Northeast Resort Phase 1 Preliminary Subdivision Plan

5. Board of County Commissioners Action Requested • Approve the Northeast Resort Parcel aka NERP Planned Development – Phase III Preliminary Subdivision Plan dated “Received September 30, 2008,” subject to the seven (7) conditions in the staff report.

6. Board of County Commissioners DRC Recommendations 1. Development shall conform to the NERP Planned Development; Orange County Board of County Commissioners (BCC) approvals; Northeast Resort Phase I Preliminary Subdivision dated “Received September 30, 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 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 September 30, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

7. 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 was considered or approved.

8. Board of County Commissioners DRC Recommendations Cont’d. 3. Unless a Conservation Area Impact (CAI) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted. 4. 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. 5. As approved in the Land Use Plan, energy conservation as required in the Orange County Comprehensive Policy Plan, Conservation Element Policy 1.10.1 shall be incorporated into this project. All residential units shall have a 15% higher energy performance and 5% higher performance for any commercial component. This shall be achieved on an annual basis over the existing code required building practices. 6. 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.

9. Board of County Commissioners DRC Recommendations Cont’d. 7. Per the June 3rd BCC approval of the Developer’s Agreement, this community shall be gated. This project shall be a gated community and shall comply with the minimum requirements of the Gated Community Ordinance, Orange County Code Sections 34-280, 34-290, and 34-291, 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 34-290(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 34-291. 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.

10. Board of County Commissioners PUBLIC HEARING