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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. August 17, 2010. Board of County Commissioners. Project : Royal Estates PD/LUP - Substantial Change Applicant: Momtaz Barq District #: 1

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING August 17, 2010

  2. Board of County Commissioners Project : Royal Estates PD/LUP - Substantial Change Applicant:Momtaz Barq District #: 1 Request: To consider a substantial change to the approved Royal Estates Planned Development/Land Use Plan (PD/LUP) to increase the number of single-family units from 154 to 169 and to decrease the number of multi- family units from 36 to 35.

  3. Board of County Commissioners Zoning Map

  4. Board of County Commissioners Future Land Use Map

  5. Board of County Commissioners Royal Estates Land Use Plan

  6. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Royal Estates PD/LUP dated “Received June 2, 2010” subject to the three (3) conditions in the staff report.

  7. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Royal Estates PD Land Use Plan dated “Received June 2, 2010,” 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 “June 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  8. 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 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. 3. All applicable previous Conditions of Approval dated June 6, 2006, shall apply. a) Master drainage, 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.

  9. Board of County Commissioners DRC Recommendations Cont’d. b) The developer shall obtain water, reclaimed water and wastewater service from Orange County subject to County rates, resolutions and ordinances. c) Conveyance of the County right of way shall occur with platting or prior to Certificate of Completion for the first subdivision, whichever shall occur first. d) 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. The CC&Rs, which shall be recorded simultaneous with the recording of the plat, shall include a provision incorporating, verbatim, the following requirements: a. the same front façade for single family residential units may not be repeated more than five (5) times within one (1) block length for both sides of any street, and shall be separated by at least two (2) units with different facades. b. House front facades shall be varied and articulated to provide visual interest to pedestrians along the street frontage. The front façade of the main body of the house shall not exceed forty (40) feet in length, except for wings or “L’s”, which are setback from the façade. In no case shall more than fifty (50) percent of the front façade of a house consist of an unobstructed black wall or garage door. C. At least fifty (50) percent of all single-family residential units shall be a front porch. A front porch shall

  10. Board of County Commissioners DRC Recommendations Cont’d. shall be a minimum of seven (7) feet in depth and cover a minimum ten (10) feet in width or one third (1/3) of the front façade, whichever is greater. d. Flat roofs shall be prohibited. E. Unless otherwise prohibited by the CC& R’s, fencing in the front yard shall be no higher than three (3) feet, six (6) inches and limited to decorative wrought iron or wood picket style. The provision of the CC & R’s incorporating the above referenced requirements shall not be amended, removed or superseded without the prior approval of the Board of County Commissioner’s, which approval may be withheld in the Board’s sole discretion, and the CC& R’s shall contain a statement to that effect. Further more, the CC&R’s shall provide that the homeowner’s association and any person owning property in the development have the right to enforce these requirements in the event they are violated. e) The Royal Estates Neighborhood Planned Development Lakeside Village SAP Reams Road Roadway Agreement shall be approved. f) Developer shall comply with all provisions of the Public Education Agreement entered into with the Orange County School Board as of July 27, 2004, (executed on February 9, 2005) and is on file with the Orange County Planning Division.

  11. Board of County Commissioners DRC Recommendations Cont’d. - Upon the County's receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the sixty-six (66) residential units allowed under the zoning existing prior to the approval of the PD zoning. 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 Capacity Enhancement Agreement. The developer and its successor or assign under the Capacity Enhancement 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. - Developer, or its successor or assign under the Capacity Enhancement 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 property rights.

  12. Board of County Commissioners DRC Recommendations Cont’d. - Orange County shall be held harmless by the developer and its assigns under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. - 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.

  13. Board of County Commissioners Project : Turkey Lake Plaza PD/LUP - Substantial Change Applicant:Momtaz Barq District #: 1 Request: To consider a substantial change to the approved Turkey Lake Plaza Planned Development/Land Use Plan (PD/LUP) to add C-1 uses. The development program for the Planned Development (PD) will now allow for Timeshare, Retail, and Office uses.

  14. Board of County Commissioners Zoning Map

  15. Board of County Commissioners Future Land Use Map

  16. Board of County Commissioners Turkey Lake Plaza Land Use Plan

  17. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Turkey Lake Plaza PD/LUP dated “Received June 2, 2010” subject to the four (4) conditions in the staff report.

  18. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Turkey Lake Plaza PD / Land Use Plan dated “Received June 2, 2010,” 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 “June 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  19. 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 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. 3. All previous applicable Conditions of Approval dated October 25, 2005, shall apply: a) The reservation of a 20-foot transit easement along Turkey Lake Road is a Condition of Approval for development of this project along the Turkey Lake Road Corridor. When the Turkey Lake Road Corridor Transit Plan is implemented, any unused portions of easements shall be abandoned and vacated. Until the easement is utilized or abandoned, the fee title holder

  20. Board of County Commissioners DRC Recommendations Cont’d. shall be entitled to make use of such easement areas for temporary uses such as, but not limited to, non-code required parking, landscaping, and recreation areas. Such easement areas shall be considered as a part of the site area for development purposes. In order to accommodate a 20-foot transit easement along Turkey Lake Road, a waiver from Section 38-1476 is granted to allow the number of required on-site parking spaces to be reduced from 325 to 310 spaces. 4. All previous applicable Conditions of Approval dated September 1, 1992, shall apply: a) The northern most access will be addressed at the time of Development Plan approval. b) This plan contains details (i.e. parking spaces, building envelope, etc.) that are not ordinarily required for a Land Use Plan Amendment. This information shall be submitted at the Development Plan stage. Approval of this plan does not constitute approval of the details shown on the plan.

  21. Board of County Commissioners DRC Recommendations Cont’d. • c) The developer shall obtain wastewater service from Orange County subject to County rate resolutions and ordinances. No construction plans will be approved until capacity has been obtained. • d) The site layout is not approved with this plan. Setbacks shall comply with the PD district and Chapter 38, Article XV – Major Street Setbacks.

  22. Board of County Commissioners PUBLIC HEARING

  23. Board of County Commissioners PUBLIC HEARING August 17, 2010

  24. Board of County Commissioners Project : Orlando Jetport Center PD/DRI/LUP - Substantial Change Applicant:Christopher Roper District #: 4

  25. Board of County Commissioners Request:To consider a substantial change to the approved Orlando Jetport Center Planned Development/Development of Regional Impact/Land Use Plan (PD/DRI/LUP) to set the development program as follows: Residential (High Density) = 156 units, Residential (Medium Density) = 504 units, Commercial = 238,600 square feet, General Industrial = 698,246 square feet, Industrial (North of OUC rail) = 1,122,212 square feet, and Industrial (Remainder) = 1,265,308 square feet.

  26. Board of County Commissioners Zoning Map

  27. Board of County Commissioners Future Land Use Map

  28. Board of County Commissioners Orlando Jetport Center Land Use Plan

  29. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Orlando Jetport Center PD/DRI/LUP dated “Received April 26, 2010,” subject to the three (3) conditions in the staff report.

  30. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Orlando Jetport Center PD / DRI Land Use Plan dated “Received June 2, 2010,” 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 “June 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency.

  31. 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 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. 3. All applicable previous Conditions of Approval shall apply.

  32. Board of County Commissioners Project : Fourth Amended and Restated Development Order for the Orlando Jetport Center Development of Regional Impact (DRI) Applicant:Christopher Roper District #: 4

  33. Board of County Commissioners Request:The request is a non substantial deviation to the Orlando Jetport Center Development Order (DO) for the following: 1. Incorporate the results of the Monitoring and Modeling (M&M) study into the Development Order, which includes the division of Phase 2 into equal sub-phases and the elimination of Phase 3 of the project, 2. Add a land use conversion matrix for conversion between commercial and industrial uses in Phase 2, based on trip counts, 3. Extend the phasing and build-out dates of the DRI in response to current economic conditions, 4. Modify the annual reporting requirement to a biennial reporting requirement in accordance with recent statutory changes, and 5. Update Map H to reflect slight changes in lot line configurations as the project proceeds through the platting process.

  34. Board of County Commissioners Action Requested • Approval of the Fourth Amended and Restated Development Order for the Orlando Jetport Center Development of Regional Impact to incorporate the results of the M&M study into the DO, including the division of Phase 2 into equal sub-phases and the elimination of Phase 3 of the project; add a land use conversion matrix for conversion between commercial and industrial uses in Phase 2; extend the phasing and build-out dates; modify the annual reporting requirement to a biennial reporting requirement; and update Map H to reflect changes in lot line configurations.

  35. Board of County Commissioners PUBLIC HEARING

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