1. Board of County Commissioners PUBLIC HEARING November 23, 2010

2. Board of County Commissioners Project : Keene’s Pointe Planned Development - Keene’s Pointe Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Keene’s Pointe Planned Development - Keene’s Pointe Preliminary Subdivision Plan to add a 1,800 square foot building for Homeowners Association activities within the Park Tract II. This request was heard at a BCC public hearing on August 3, 2010 and was approved subject to four conditions of approval; however, the legal notice for that public hearing was insufficient. A second public hearing was scheduled and advertised to correct the notice deficiencies. Project : Keene’s Pointe Planned Development - Keene’s Pointe Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Keene’s Pointe Planned Development - Keene’s Pointe Preliminary Subdivision Plan to add a 1,800 square foot building for Homeowners Association activities within the Park Tract II. This request was heard at a BCC public hearing on August 3, 2010 and was approved subject to four conditions of approval; however, the legal notice for that public hearing was insufficient. A second public hearing was scheduled and advertised to correct the notice deficiencies.

3. Board of County Commissioners Keene’s Pointe PD/Keene’s Pointe PSP Location Map Keene’s Pointe PD/Keene’s Pointe PSP Location Map

4. Board of County Commissioners Keene’s Pointe PD/Keene’s Pointe Preliminary Subdivision Plan Keene’s Pointe PD/Keene’s Pointe Preliminary Subdivision Plan

5. Board of County Commissioners  Approve the Keene’s Pointe Planned Development - Keene’s Pointe Preliminary Subdivision Plan dated “Received May 11, 2010,” subject to four (4) conditions in the staff report. Action Requested

6. Board of County Commissioners 1. Development shall conform to the Keene’s Pointe Planned Development; Orange County Board of County Commissioners (BCC) approvals; Keene’s Pointe Preliminary Subdivision Plan dated “Received May 11, 2010,” 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. 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 May 11, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

7. Board of County Commissioners 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. Real estate sales shall not be permitted. Uses shall be limited to recreation and Home Owners Association’s activities only. DRC Recommendations Cont’d.

8. Board of County Commissioners 4. All previous applicable conditions of approval dated May 13, 1997, shall apply: a. Prior to construction plan submittal, a master stormwater management plan shall be submitted for review and approval by the County engineer. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED b. Rear-yard environmental swales or upland buffers to be owned and maintained by the individual lot owners shall be provided for all lakefront lots and shall be constructed as part of the infrastructure. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED c. Prior to construction plan approval, the size and location for water mains shall be determined. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED d. Sidewalks shall be provided on both sides of internal roads. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED DRC Recommendations Cont’d.

9. Board of County Commissioners e. Development shall comply with Resolution 96-M-22 for gated communities. f. Prior to construction plan approval a Conservation Area Impact Permit shall be required from the Environmental Protection Department. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED g. Developer shall show all the proposed phases and stormwater management plan on one sheet for quick future reference. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED h. The developer shall pay a prorated share of the signalization at S.R. 535 and Chase Road intersection when that signal is warranted. THIS CONDITION OF APPROVAL HAS BEEN SATISFIED DRC Recommendations Cont’d.

10. Board of County Commissioners Project : Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan to add a Tot Lot on Tract “H”. Project : Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan to add a Tot Lot on Tract “H”.

11. Board of County Commissioners Keene’s Pointe PD/Keene’s Pointe Phase 4B PSP Location Map Keene’s Pointe PD/Keene’s Pointe Phase 4B PSP Location Map

12. Board of County Commissioners Keene’s Pointe PD/Keene’s Pointe Phase 4B Tot Lot Area Keene’s Pointe PD/Keene’s Pointe Phase 4B Tot Lot Area

13. Board of County Commissioners Keene’s Pointe PD/Keene’s Pointe Phase 4B Preliminary Subdivision Plan Keene’s Pointe PD/Keene’s Pointe Phase 4B Preliminary Subdivision Plan

14. Board of County Commissioners  Approve the Keene’s Pointe Planned Development - Keene’s Pointe Phase 4B Preliminary Subdivision Plan dated “Received August 13, 2010,” subject to four (4) conditions in the staff report. Action Requested

15. Board of County Commissioners 1. Development shall conform to the Keene’s Pointe Planned Development; Orange County Board of County Commissioners (BCC) approvals; Keene’s Pointe Phase 4B Preliminary Subdivision Plan dated “Received August 13, 2010” 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. 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 August 13, 2010” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

17. Board of County Commissioners 3.All previous applicable Conditions of Approval dated March 8, 2005 shall apply: a) Development shall conform to the Keene's Pointe PD; Orange County Board of County Commissioners' (BCC) approvals; Keene's Pointe Phase 4B PSP, dated "Received February 8, 2005"; and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and county laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent [the applicable 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. THIS CONDITION OF APPROVAL HAS BEEN MODIFIED WITH A NEW CONDITION OF APPROVAL DRC Recommendations Cont’d.

18. Board of County Commissioners b) Conditions 2 and 3 approved by the BCC on February 20, 2001, for the Keene's Point PD/Phase 4B PSP shall continue to apply. c)A waiver from Section 38-1501 of the Orange County Code is approved to allow a rear setback of 25 feet in lieu of the required 50-foot setback from the normal high water elevation for Lots 7 through 20. This waiver shall not be construed to mean pool enclosures or decks may be built below the 100-year flood zone. d) The Declaration of Covenants and Restrictions for Phase 4B shall be amended for Lot numbers 873-886 as shown on the approved plat to provide that the County shall not be responsible and shall be held harmless for any damages that may result from approval of the rear setback waiver. Furthermore, the Declaration of Covenants and Restrictions shall be amended to provide that the County shall not be responsible and shall be held harmless for damage that results from hurricanes or other natural events. DRC Recommendations Cont’d.

19. Board of County Commissioners 4. All previous applicable Conditions of Approval dated February 20, 2001 shall apply: a) Development shall conform to the Keene's Pointe Planned Development; Orange County Board of County Commissioners' (BCC) approvals; Keene's Pointe Phase 4B Preliminary Subdivision Plan, dated “Received November 9, 2000”; and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and county laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent [the applicable 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. Preliminary Subdivision Plan approval automatically expires on February 20, 2002, in accordance with the Orange County Subdivision Regulations as amended. THIS CONDITION OF APPROVAL HAS BEEN MODIFIED WITH A NEW CONDITION OF APPROVAL DRC Recommendations Cont’d.

20. Board of County Commissioners b) Prior to construction plan approval, a Master Stormwater Management and Utility Plan for the planned development shall be submitted and approved by the County engineer. c) Project shall comply with Article VIII, Chapter 34, Section 280 et seq., for gated communities. DRC Recommendations Cont’d.

21. Board of County Commissioners Project : Eagle Creek PD/DRI/LUP - Substantial Change Applicant: Dave Schmitt District #: 4 Request: To consider a substantial change to the approved Eagle Creek Planned Development/Development of Regional Impact /Land Use Plan (PD/DRI/LUP) to: 1)Revise the phasing program to be consistent with the approved Development Order; 2)Modify the existing waivers, as well as add new waivers; 3)Adjust parcel acreages, uses, and corresponding densities; and 4)Amend and incorporate the Design Guidelines into the revised Land Use Plan. Project : Eagle Creek PD/DRI/LUP - Substantial Change Applicant: Dave Schmitt District #: 4 Request: To consider a substantial change to the approved Eagle Creek Planned Development/Development of Regional Impact /Land Use Plan (PD/DRI/LUP) to: 1)Revise the phasing program to be consistent with the approved Development Order; 2)Modify the existing waivers, as well as add new waivers; 3)Adjust parcel acreages, uses, and corresponding densities; and 4)Amend and incorporate the Design Guidelines into the revised Land Use Plan.

22. Board of County Commissioners Zoning Map

23. Board of County Commissioners Future Land Use Map Future Land Use Map

24. Board of County Commissioners Eagle Creek Land Use Plan Eagle Creek Land Use Plan

25. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Eagle Creek PD/DRI/LUP dated “Received September 10, 2010,” subject to the twenty-four (24) conditions in the staff report.

26. Board of County Commissioners 1. Development shall conform to the Eagle Creek PD/DRI Land Use Plan dated “Received November 11, 2008 September 10, 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 “November 11, 2008 September 10, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

28. Board of County Commissioners 4. 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. 5.The Developer shall obtain water and wastewater service from Orange County Utilities. 6.A Master Utility Plan (MUP) shall be approved prior to Construction Plan approval. 7.A waiver is granted from Section 38-79(20)(k) to allow single-family attached structures to have a 5-foot side setback between structures in lieu of a 10- foot side setback (with a 20-foot building separation). 8.A waiver is granted from Section 38-1254(2) to allow a 5-foot street front setback and 10-foot street side setback for single-family attached lots and a 10-foot street front and street side setback for multi-family units in lieu of the required 20 feet. 9.A waiver is granted from Section 38-1254(l) to allow single-family height of 35 feet and 3 stories in lieu of 35 feet and 2 stories. DRC Recommendations Cont’d.

29. Board of County Commissioners 10. A waiver from Section 38-1258(a) & (b) is granted to allow multi-family buildings of 3 stories and 40 feet within 25 feet of single-family in lieu of the required 100-foot / 150-foot building setback requirement. 11.A waiver is granted from Section 38-1258(d) to allow multi-family buildings in Parcel M to be 45 feet in height (and to allow architectural features up to 65feet in height) in lieu of 40 feet when the residential uses are located on top of commercial uses. 12.A waiver is granted from Section 38-1258(e) to allow parking and other paved areas 5 feet from single-family zoned property in lieu of the required 25 feet. 13.A waiver is granted from Section 38-1258(f) to eliminate the 6-foot wall requirement between single-family and multi-family development. 14.A waiver from Section 38-1258(i) is granted to eliminate the fence requirement along the right-of-way when single-family is located across a right-of-way. 15.A waiver is granted from Section 38-1258(j) to allow a 20-foot building separation between 3-story height multi-family buildings in lieu of the required 40 feet. DRC Recommendations Cont’d.

30. Board of County Commissioners 16. A waiver is granted from Section 38-1272(a)(3) to allow commercial/office and mixed use buildings to have a 15-foot setback from non-major right-of- ways in lieu of the required 30 feet. 17.A waiver from Section 38-1272(a)(5) is granted to allow architectural features, such as corner towers, on commercial buildings to extend to a maximum height of 65 feet (3-stories) in order to achieve design flexibility in the mixed use Village Center area. 18.A waiver is granted from Section 38-1501 to allow a front porch setback of 15 feet for detached single-family and zero (0) feet for attached single- family in lieu of the required 20 feet. 19.A waiver is granted from Section 38-1501 to allow front building setbacks for attached single-family to be 5 feet in lieu of 20 feet. 20.A waiver is granted from Section 38-1501 to allow townhouses to have a second story porch balcony setback of zero (0) feet in lieu of 20 feet. 21.No development is permitted that will cause the cumulative external peak hour trips to exceed 1,805 until the mitigation required for Phase 2A is complete or agreed by binding agreement. DRC Recommendations Cont’d.

31. Board of County Commissioners 22. No development is permitted that will cause the cumulative external peak hour trips to exceed 2,166 until the mitigation required for Phase 2B is complete or agreed by binding agreement and until the M&M Study required for Phase 3 is completed. 23.The Eagle Creek DRI (Phase 2A & 2B) are vested from concurrency. 24.All applicable previously-approved Conditions of Approval, including those dated December 16, 2008, shall apply: a.Pole signs, billboards, and outside storage and displays are prohibited. The first Preliminary Subdivision Plan/Development Plan (PSP/DP) shall include a master sign plan for the development. DRC Recommendations Cont’d.

32. Board of County Commissioners b. Architectural Review Committee. 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. Orange County Attorney's Office shall review and approve the proposed CC&Rs. The CC&Rs, which shall be recorded simultaneous with the recording of the plat, shall include a provision for an Architectural Review Committee and incorporating the design requirements found on the LUP and the Eagle Creek Design Guidelines Booklet and all its appendices as amended and incorporated into the revised Land Use Plan. THIS CONDITION IS BEING MODIFIED AS PART OF THIS REQUEST The provision of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the Board's sole discretion, and the CC&Rs shall contain a statement to that effect. DRC Recommendations Cont’d.

33. Board of County Commissioners Furthermore, the CC&Rs shall provide that the homeowners' association and any person owning property in the development have the right to enforce these requirements in the event they are violated. Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces other Orange County ordinances and regulations. c.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 DRC Recommendations Cont’d.

34. Board of County Commissioners 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. d.Prior to construction plan approval, master water, stormwater, reclaimed water, and wastewater plans, including preliminary calculations, shall be approved. e.Approval and execution of the right-of-way agreement between Eagle Creek Development Corporation and Orange County, Florida. THE DEVELOPER IS IN COMPLIANCE WITH THE RIGHT-OF-WAY AGREEMENT, AND THEREFORE, HAS SATISFIED THIS CONDITION OF APPROVAL f.The "Compatibility Plan," dated "Received December 4, 2002," and the clarifications introduced at the December 11, 2001, public hearing are approved by the BCC. AS PART OF THIS REQUEST, THE COMPATIBILITY PLAN HAS BEEN UPDATED AND INTEGRATED INTO THE REVISED LAND USE PLAN DRC Recommendations Cont’d.

35. Board of County Commissioners Project :Woodbury Church PD - Substantial Change Applicant: Samer Al Ghafari District #:4 Request: To consider a substantial change to the approved Woodbury Church Planned Development/Land Use Plan (PD/LUP) to allow for an additional full access driveway off Woodbury Road for the church property. No additional entitlements are being sought as part of this request. Project :Woodbury Church PD - Substantial Change Applicant: Samer Al Ghafari District #:4 Request: To consider a substantial change to the approved Woodbury Church Planned Development/Land Use Plan (PD/LUP) to allow for an additional full access driveway off Woodbury Road for the church property. No additional entitlements are being sought as part of this request.

36. Board of County Commissioners Zoning Map

37. Board of County Commissioners Future Land Use Map Future Land Use Map

38. Board of County Commissioners Woodbury Church Land Use Plan Woodbury Church Land Use Plan

39. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Woodbury Church PD/LUP dated “Received September 7, 2010,” subject to the three (3) conditions in the staff report.

40. Board of County Commissioners 1. Development shall conform to the Woodbury Church PD Land Use Plan dated “Received November 17, 2008 September 7, 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 “November 17, 2008 September 7, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

42. Board of County Commissioners 3. All previous applicable Conditions of Approval dated March 24, 2009, shall apply: a.The Developer shall obtain water and wastewater service from Orange County Utilities. b.Outdoor storage and display shall be prohibited. c.Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. d.Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with a tree removal and mitigation plan, have been approved by Orange County. DRC Recommendations Cont’d.

43. Board of County Commissioners e.The applicant must apply for 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 land use 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. f.A waiver from Section 38-1272(5) is granted to allow a maximum building height of 70 feet for the steeple only. g.The Woodbury Road Right-of-Way Agreement is approved. DRC Recommendations Cont’d.

44. Board of County Commissioners Project :Fishback PD/LUP - Substantial Change Applicant: Lance Bennett District #:1 Request: To consider a substantial change to the approved Fishback Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow for 92 units in the Village Home District and 296 units in the Townhome/Apartment District. The current PD/LUP is approved for 146 units in the Village Home District and 248 units in the Townhome/Apartment District. Project :Fishback PD/LUP - Substantial Change Applicant: Lance Bennett District #:1 Request: To consider a substantial change to the approved Fishback Planned Development/Land Use Plan (PD/LUP) to amend the development program to allow for 92 units in the Village Home District and 296 units in the Townhome/Apartment District. The current PD/LUP is approved for 146 units in the Village Home District and 248 units in the Townhome/Apartment District.

45. Board of County Commissioners Zoning Map

46. Board of County Commissioners Future Land Use Map Future Land Use Map

47. Board of County Commissioners Fishback Land Use Plan Fishback Land Use Plan

48. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Fishback PD/LUP dated “Received August 2, 2010” subject to the eight (8) conditions in the staff report.

49. Board of County Commissioners 1. Development shall conform to the Fishback PD Land Use Plan dated “Received August 21, 2006 August 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 “August 21, 2006 August 2, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

51. Board of County Commissioners 4. Prior to construction plan approval, a revised Master Utility Plan (MUP) supporting the new utilities configuration shall be approved. 5. The Developer shall obtain water and wastewater service from Orange County Utilities. 6.The previously-approved Special Exception of November 2, 2006, has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District. 7.Parcel Tract P3 shall be completed prior to issuance of a Certificate of Completion for the townhomes. DRC Recommendations Cont’d.

52. Board of County Commissioners 8.All applicable previous Conditions of Approval dated December 5, 2006, shall apply: a.In order to achieve minimum densities and minimize the amount of multi-family, a waiver from Section 38-1386(b)(4) is granted to allow a minimum lot width of 35 feet in lieu of 40 feet within the Village Home District, for the those 35-foot-wide lots shown on the subdivision plan dated "Received July 6, 2006." THIS CONDITION HAS BEEN MODIFIED AS A RESULT OF THE PREVIOUS PSP BEING AMENDED. b.A waiver from Section 38-1258(a) is granted to allow 2 story multi-family units within less than 100 feet from single-family residences. c.A waiver from Section 38-1258(f) is granted, which requires a 6-foot-high masonry, brick, or block wall when multi-family residential is located adjacent to single-family residential. d.A waiver from Section 38-1258(g) is granted to allow multi-family to directly access any right-of-way serving single-family residences. DRC Recommendations Cont’d.

53. Board of County Commissioners e. A waiver from Section 38-1258(h) is granted to allow Park Tract P-1 to be accessible to both single-family units and multi-family units. f.A waiver from Section 38-1258(i) is granted, which requires the multi- family development located adjacent to a right-of-way to be fenced and landscaped whenever single-family zoned property is located across the right-of-way. g.The covenants, conditions, and restrictions for the Fishback PD shall ensure that the costs to operate and maintain the park tracts shall be borne equally by all the units in Phases 1 and 2. h.Prior to issuance of the Certificate of Completion, a 6-foot-tall wrought iron fence shall be erected on the north and west property line of Tract P-3. The homeowners' association shall be responsible for maintenance. i.All previous conditions of approval shall apply. DRC Recommendations Cont’d.

54. Board of County Commissioners Project :Fishback Property PD/ The Vineyards Phases 1A, 1B & 2A (FKA Fishback) PSP District #:1 Project :Fishback Property PD/ The Vineyards Phases 1A, 1B & 2A (FKA Fishback) PSP District #:1

55. Board of County Commissioners Proposed Use: Single-family detached: 92 units Single-family attached : 64 units Single-family detached: - Min. living area: 1000 sq. ft. - Min. lot width: 35’ - Max. building height: 40’ (3-stories) Single-family attached: - Min. living area: 500 sq. ft. - Min. lot width: 16’ - Max. building height: 40’ (3-stories) Proposed Use: Single-family detached: 92 units Single-family attached : 64 units Single-family detached: - Min. living area: 1000 sq. ft. - Min. lot width: 35’ - Max. building height: 40’ (3-stories) Single-family attached: - Min. living area: 500 sq. ft. - Min. lot width: 16’ - Max. building height: 40’ (3-stories)

56. Board of County Commissioners Fishback Property PD/ The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) PSP Location Map Fishback Property PD/ The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) PSP Location Map

57. Board of County Commissioners Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) Preliminary Subdivision Plan Fishback Property PD/The Vineyards Phases 1A, 1B, & 2A (FKA Fishback) Preliminary Subdivision Plan

58. Board of County Commissioners  Approve the Fishback Property Planned Development - The Vineyards Phases 1A, 1B & 2A (FKA Fishback) Preliminary Subdivision Plan dated “Received July 13, 2010,” subject to the twenty (20) conditions in the staff report. Action Requested

59. Board of County Commissioners 1.Development shall conform to the Fishback Property Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Vineyards Phases 1A, 1B & 2A (fka Fishback) Preliminary Subdivision Plan dated "Received July 13, 2010" 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. 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 July 13, 2010" the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

61. Board of County Commissioners 3. Prior to construction plan approval, a master stormwater management plan including a drainage study to establish the 100-year flood elevation shall be submitted to the Development Engineering Division for review and approval. 4. 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. (DE) 5. Roads and drainage system, including the retention pond, will be owned and maintained by Orange County with an MSBU established for stormwater system functionality. Routine maintenance, including mowing above and beyond the frequency provided by the County, shall be the responsibility of the Home Owners' Association. (DE) DRC Recommendations Cont’d.

62. Board of County Commissioners 6. A Municipal Service Benefit Unit (MSBU) shall be established for the standard operation and maintenance of street lighting inventory including leasing, fuel and energy costs for this project. Street lighting fixtures, poles, and luminaries used in this project shall be selected from the approved inventory list supplied by the Orange County Comptroller. Street lighting fixtures, poles, and luminaries used in this project shall be supplied and installed by the utility company that services the area of the project, as authorized by law or agreement, and thereafter maintains the street lighting inventory. The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessments Section via a Letter of Commitment prior to the installation of the street lighting fixtures, poles, and luminaries and prior to the plat being recorded by Orange County Comptroller Official Records Department. All installation costs and street lighting operational costs prior to the effective date of the MSBU approval by the Orange County Board of County Commissioners shall be the sole responsibility of the developer. (DE) DRC Recommendations Cont’d.

63. Board of County Commissioners 7.Park Tract P-1 and P-2 shall be completed with the first phase of this PSP. 8.Prior to construction plan approval, if a Phase II Environmental Site Assessment acceptable to EPD and the Florida Department of Environmental Protection (FDEP) finds any contaminants exceeding applicable state standards, the applicant shall submit a copy of a FDEP site clean-up plan approval and a copy of a FDEP statement that the clean-up has been completed. 9.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. (EPD) 10. 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. (EPD) DRC Recommendations Cont’d.

64. Board of County Commissioners 11. Prior to construction plan submittal, a revised Master Utility Plan supporting the new utilities configuration shall be approved. 12.Approval of this PSP shall void previously approved PSP's. 13. Prior to platting, CC&R's shall contain language that states that Orange County shall have the right, but not the duty, to enforce Architectural Requirements and it is the responsibility of the Architectural Review Board to sign-off on all permits. 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 simultaneously with the recording of the plat, and shall include a provision incorporating, verbatim, the following requirements: DRC Recommendations Cont’d.

65. Board of County Commissioners a. The same front facade for single-family residential units may not be repeated more than 5 times within 1 block length for both sides of any street, and shall be separated by at least 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 facade of the main body of the house shall not exceed 40 feet in length, except for wings or "L"s which are setback from the facade. In no case shall more than 50 percent of the front facade of a house consist of an unobstructed block wall or garage door. c. At least 50 percent of all single-family residential units shall have a front porch. A front porch shall be a minimum of 7 feet in depth and cover a minimum of 1/3 of the front facade. d. Flat roofs shall be prohibited. e. Unless otherwise prohibited by the CC&Rs, fencing in the front yard shall be located within 3 feet of the sidewalk to define the separation of public and private spaces. Such fences shall be no higher than 3 feet, 6 inches and limited to decorative wrought iron or wood picket style. DRC Recommendations Cont’d.

66. Board of County Commissioners The provisions of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the BCC’s sole discretion, and the CC&Rs shall contain a statement to that effect. Furthermore, the CC&Rs shall provide that the homeowners' association and any person owning property in the development have the right to enforce these requirements in the event they are violated. Finally, the CC&Rs shall also state that Orange County shall have the right, but not the duty, to enforce these requirements in the same manner as it enforces Orange County ordinances and regulations. 14. The CC&R's shall require that all residential units have two (2) car garages. The provisions of the CC&Rs incorporating the above-referenced requirements shall not be amended, removed, or superseded without the prior approval of the BCC, which approval may be withheld in the BCC’s sole discretion, and the CC&Rs shall contain a statement to that effect. DRC Recommendations Cont’d.

67. Board of County Commissioners 15.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. Unless the property is vested and/or exempt, the applicant shall be subject to school concurrency and required to go through the review process prior to platting. 16.Prior to platting compliance with Road Agreement is required. 17.Park Tract P3 shall be completed prior to issuance of Certificate of Completion for the townhome development. 18.Prior to development plan approval of any "Future development" (multi- family) parcel, an MSBU shall be established for the maintenance of Ponds SW-1 and SW-2 at an amount determined by the County Engineer. 19.A waiver from Section 38-1253(c) is granted to allow on-street parking in lieu of off-street parking for the Park Tract P-1 and P-3in order to increase the utilization of the park. DRC Recommendations Cont’d.

68. Board of County Commissioners 20. The previously approved Special Exception of 11/02/2006 has expired. A new Special Exception will be required if apartments are requested with the Townhome/Apartment District. DRC Recommendations Cont’d.

69. Board of County Commissioners District #: 6 Case #: LUP-09-12-005 Applicant: Jim Hall for Faircloth PD Request: C-1 (Retail Commercial District) to PD (Planned Development District) Proposed Use:Commercial - up to 17,000 sq. ft. of C-1, C-2, and selected C-3 uses, as established on the PD Land Use Plan District #: 6 Case #: LUP-09-12-005 Applicant: Jim Hall for Faircloth PD Request: C-1 (Retail Commercial District) to PD (Planned Development District) Proposed Use:Commercial - up to 17,000 sq. ft. of C-1, C-2, and selected C-3 uses, as established on the PD Land Use Plan

70. Board of County Commissioners LUP-09-12-005 Zoning Map LUP-09-12-005 Zoning Map

71. Board of County Commissioners LUP-09-12-005 Future Land Use Map LUP-09-12-005 Future Land Use Map

72. Board of County Commissioners Faircloth Land Use Plan

73. 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:

74. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Faircloth PD Land Use Plan dated "Received September 16, 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 "Received September 16, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

75. 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. The northern façade of any structure on this site shall be architecturally treated as a primary façade. 4.Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5.

76. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. The Developer shall obtain wastewater service from Orange County Utilities. 6.Outdoor sales, storage, and display shall be prohibited. 7.Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with a tree removal and mitigation plan, have been approved by Orange County. 8.Due to the narrow width of right-of-way available for the road between the right-of-way line and the ditch, a four-foot-wide sidewalk will be allowed to be constructed in lieu of a five-foot-wide sidewalk.

77. Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to eight (8) conditions.

78. Board of County Commissioners Project :Isleworth-Four Corners PD/LUP - Substantial Change Applicant: Heather Middleton District #:1 Request: To consider a substantial change to the approved Isleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to allow a restaurant (coffee shop establishment) with drive-through on the southwest corner of the property and to allow for zero (0) foot building setbacks in lieu of ten (10) feet for the internal lots in the Southwest Quadrant only. No additional square footage is being sought as part of this request. Project :Isleworth-Four Corners PD/LUP - Substantial Change Applicant: Heather Middleton District #:1 Request: To consider a substantial change to the approved Isleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to allow a restaurant (coffee shop establishment) with drive-through on the southwest corner of the property and to allow for zero (0) foot building setbacks in lieu of ten (10) feet for the internal lots in the Southwest Quadrant only. No additional square footage is being sought as part of this request.

79. Board of County Commissioners Zoning Map

80. Board of County Commissioners Future Land Use Map Future Land Use Map

81. Board of County Commissioners Isleworth- Four Corners Land Use Plan Isleworth- Four Corners Land Use Plan

82. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Isleworth-Four Corners PD/LUP dated “Received September 27, 2010” subject to the five (5) seven (7) conditions in the Staff Report.

83. Board of County Commissioners 1. Development shall conform to the Isleworth-Four Corners PD/LUP dated “Received July 7, 2009 September 27, 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 “July 7, 2009 September 27, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

84. Board of County Commissioners 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. A waiver from Section 38-1372(f) is granted to allow a restaurant (coffee- shop establishment) with drive-thru in the Southwest Quadrant. 4.A waiver from Section 38-1356(c) is granted to allow zero (0) foot setbacks in lieu of ten (10) feet for the interior lots in the Southwest Quadrant. DRC Recommendations Cont’d.

85. Board of County Commissioners 5. All previously-approved Conditions of Approval shall apply, including: a.A waiver from Section 38-1356(n) and Section 38-1372(j)(1) to allow a maximum building height of 54 feet for a previously-constructed dome which will be mounted upon an existing building in the Southeast Quadrant. b.Master water, reclaimed water, and wastewater plans, including preliminary calculations, shall be updated and approved prior to approval of the construction plans. c.No special exceptions shall be permitted in the Professional Office Districts. d.Billboards and pole signs are prohibited. e.Approve the amended and restated Developer’s Agreement concerning second-story commercial. Development shall comply with the Developer’s Agreement dated June 4, 2002. DRC Recommendations Cont’d.

86. Board of County Commissioners f.A waiver from Section 38-1356(n) and Section 38-1372(j) (1) is granted to allow a maximum building height of 54 feet for a previously-constructed dome which will be mounted upon an existing building in the Southeast Quadrant. g.A waiver from Section 38-1356(n) and Section 38-1372(j)(1) of the Orange County Code is granted to allow a maximum building height of 40 feet in lieu of the 35-foot maximum with an additional 10 feet to allow cupolas, atriums, domes, and similar architectural features up to a total height of 50-feet in the Southwest Quadrant. h.A waiver from Section 38-1476(a) is granted to allow parking to be provided at the rate of 1 parking space per 250 square feet in lieu of 1 parking space per 200 square feet. DRC Recommendations Cont’d. A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval.

87. Board of County Commissioners DRC Recommendations Cont’d. A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval. 6. A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval. 7. Buildings within Parcel SW3 in the Southwest Quadrant may include clock towers, cupolas, atriums, domes, and similar architectural features that exceed thirty-five (35) feet, but less than fifty (50) feet, that require Orange County BCC approval during the building(s) Development Plan approval process.

88. Board of County Commissioners Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP District #:1 Proposed Use:9 Commercial lots: - Max. building height: 50’ Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP District #:1 Proposed Use:9 Commercial lots: - Max. building height: 50’

89. Board of County Commissioners Isleworth-Four Corners PD/ The Grove at Isleworth PSP Location Map Isleworth-Four Corners PD/ The Grove at Isleworth PSP Location Map

90. Board of County Commissioners Isleworth-Four Corners PD/ The Grove at Isleworth Preliminary Subdivision Plan Isleworth-Four Corners PD/ The Grove at Isleworth Preliminary Subdivision Plan

91. Board of County Commissioners  Approve the Isleworth-Four Corners Planned Development- The Grove at Isleworth Preliminary Subdivision Plan dated “Received October 13, 2010,” subject to the nine (9) conditions in the staff report. Action Requested

92. Board of County Commissioners 1.Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan dated "Received October 13, 2010," 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. 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 October 13, 2010," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

94. Board of County Commissioners 3. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with approved master stormwater plan for this Plan Development. 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. Outdoor sales, storage, and display shall be prohibited. 6. Signage shall comply with the Master Sign Plan. 7. Prior to the issuance of any vertical building permits, the plat shall be approved on the BCC Consent Agenda. DRC Recommendations Cont’d.

95. Board of County Commissioners 8.A waiver from Section 34-152(c) is granted to allow access to the coffee shop lot from an internal parking lot in lieu of 20 feet fee simple access to a public paved street. 9. 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 platting. Nothing in this condition, and nothing in the decision to approve this preliminary subdivision 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. DRC Recommendations Cont’d.

96. Board of County Commissioners Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP - Parcels 2, 3, 5, 8 & 9 DP and Master Sign Plan District #:1 Proposed Use: Fitness Center………….45,100 sq. ft. Pharmacy……………….14,820 sq. ft. Bank……………………….3,820 sq. ft. Retail Bldg. A…………….4,550 sq. ft. Retail Bldg K……………..4,000 sq. ft. - Max. building height: 50’ Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP - Parcels 2, 3, 5, 8 & 9 DP and Master Sign Plan District #:1 Proposed Use: Fitness Center………….45,100 sq. ft. Pharmacy……………….14,820 sq. ft. Bank……………………….3,820 sq. ft. Retail Bldg. A…………….4,550 sq. ft. Retail Bldg K……………..4,000 sq. ft. - Max. building height: 50’

97. Board of County Commissioners Isleworth-Four Corners PD/The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 DP & Master Sign Plan Location Map Isleworth-Four Corners PD/The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 DP & Master Sign Plan Location Map

98. Board of County Commissioners Isleworth-Four Corners PD/ The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 Development Plan & Master Sign Plan Isleworth-Four Corners PD/ The Grove at Isleworth PSP/Parcels 2, 3, 5, 8 & 9 Development Plan & Master Sign Plan

99. Board of County Commissioners  Approve the Isleworth-Four Corners Planned Development - The Grove at Isleworth PSP - Parcels 2, 3, 5, 8 &9 Development Plan and Master Sign Plan dated “Received October 13, 2010,” subject to the eleven (11) conditions in the staff report. Action Requested

100. Board of County Commissioners 1.Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan; BCC approvals; Parcels 2, 3, 5, 8 & 9 Development Plan & Master Sign Plan dated "Received October 13, 2010," 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. DRC Recommendations

101. Board of County Commissioners 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. Separate Development Plan(s) and community meeting(s), as well as BCC approval, shall be required for all Future Development Sites. 4. Prior to the issuance of any vertical building permits, the plat shall be approved on the BCC Consent Agenda. DRC Recommendations Cont’d.

102. Board of County Commissioners 5. A Right-of-Way Use Agreement shall be required for any landscaping and/or hardscape installation within the County’s right-of-way. 6. 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. Signage shall comply with the Master Sign Plan. 8.A waiver from Section 38-1354(2) is granted to allow three (3) tenant names and the shopping center name to be included within the copy area of any one (1) ground sign in lieu of one (1) tenant per one (1) ground sign. 9.A waiver from Section 38-1354(2) is granted to allow one (1) additional ground sign to be located on the northeast corner of the southwest quadrant at the existing right-in/right-out access on Apopka Vineland Road, in lieu of one (1) ground sign per each full access point for non-residential development. DRC Recommendations Cont’d.

103. Board of County Commissioners 10. Outdoor sales, storage, and display shall be prohibited. 11. A cross access/parking agreement will be required at building permit submittal. DRC Recommendations Cont’d.

104. Board of County Commissioners Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP - Master Infrastructure & Mass Grading DP District #:1 Proposed Use:9 Commercial lots - Max. building height: 50’ Project :Isleworth-Four Corners PD- The Grove at Isleworth PSP - Master Infrastructure & Mass Grading DP District #:1 Proposed Use:9 Commercial lots - Max. building height: 50’

105. Board of County Commissioners Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading DP Location Map Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading DP Location Map

106. Board of County Commissioners Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading Development Plan Isleworth-Four Corners PD/The Grove at Isleworth PSP/Master Infrastructure & Mass Grading Development Plan

107. Board of County Commissioners  Approve the Isleworth-Four Corners Planned Development - The Grove at Isleworth Preliminary Subdivision Plan - Master Infrastructure & Mass Grading Development Plan dated “Received October 13, 2010,” subject to the five (5) conditions in the staff report. Action Requested

108. Board of County Commissioners 1.Development shall conform to the Isleworth Four Corners Planned Development; Orange County Board of County Commissioners (BCC) approvals; The Grove at Isleworth Preliminary Subdivision Plan; BCC approvals; Master Infrastructure & Mass Grading Development Plan dated “Received October 13, 2010” 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. DRC Recommendations

109. Board of County Commissioners 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. Approval of this development plan does not constitute approval for any vertical construction. DRC Recommendations Cont’d.

110. Board of County Commissioners 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. Prior to construction plan approval, certification with supporting calculations shall be submitted which states that this project is consistent with the approved master stormwater and utility plans for this PD. DRC Recommendations Cont’d.

111. Board of County Commissioners PUBLIC HEARING