Public Hearing February 26, 2013

Case:CDR Project:Beck/Overstreet Planned Development / Land Use Plan (PD/LUP) - Substantial Change Applicant:Kevin Walsh District:1 Beck/Overstreet PD/LUP

Request: To consider a substantial change to the approved Beck/Overstreet PD/LUP to: 1)Reduce the required density from 300 to 295 units; and 2)Grant the following seven (7) waivers from Orange County Code Sections and as outlined below: 1) The following waivers from Orange County Code Section are requested for the designated Estate Home District Parcel only: a)A waiver from Section (b)(2) to decrease the minimum average lot size from 7,200 square feet to 6,000 square feet; b) A waiver from Section (b)(8)(a) to reduce the front building setback from 20 feet to 15 feet; and c) A waiver from Section (b)(8)(c) to reduce the rear building setback from 25 feet to 20 feet. Beck/Overstreet PD/LUP

Request cont’d: To consider a substantial change to the approved Beck/Overstreet PD/LUP to: 2.The following waivers from Orange County Code Section are requested for the designated Village Home District Parcel only, and shall be applied to no more than 34% of the single family detached residential lots (87 units): a.A waiver from Section (b)(2) to decrease the minimum average lot size from 4,800 square feet to 3,840 square feet for single family lots less than (40) feet (corner lots less than 50’); b. A waiver from Section (b)(4) to decrease the minimum lot width from 40 feet to 32 feet for single family detached dwellings; c. A waiver from Section (b)(8)(a) to reduce the minimum front porch setback from 10 feet to 7 feet, within lots less than 40 feet wide (corner lots less than 50’); and Beck/Overstreet PD/LUP

Request cont’d: To consider a substantial change to the approved Beck/Overstreet PD/LUP to: d)A waiver from Section (b)(8)(b) to decrease the minimum side building setback from 5 feet to 4 feet, for lots less than 40 feet wide (corner lots less than 50’). Beck/Overstreet PD/LUP

Zoning Beck/Overstreet PD/LUP

Future Land Use Future Land Use Beck/Overstreet PD/LUP

PD Land Use Plan Beck/Overstreet PD/LUP

Modified DRC Condition of Approval #5(f) f. Developer shall comply with all provisions of the Capacity Enhancement Agreement (CEA # ) entered into with the Orange County School Board as of May 16, 2006 (executed on November 14, 2006), on file with the Orange County Planning Division, as well as the provisions of additional Capacity Enhancement Agreements entered into through the transfer of School Capacity Credits. Beck/Overstreet PD/LUP

Modified DRC Condition of Approval #5(f) Cont’d. Beck/Overstreet PD/LUP -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 seven (7) 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.

Modified DRC Condition of Approval #5(f) Cont’d. Beck/Overstreet PD/LUP -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. -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.

Action Requested  Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Beck/Overstreet PD/LUP dated “Received January 10, 2013,” subject to the five (5) conditions in the staff report. Beck/Overstreet PD/LUP