1. Board of County Commissioners PUBLIC HEARING August 3, 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. 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.

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 :Waterford Lakes PD/DRI/LUP - Substantial Change Applicant: James G. Willard District #:4 Request: To consider a substantial change to the approved Waterford Lakes Planned Development/Development of Regional Impact Land Use Plan (PD/DRI/LUP) to allow a permanent extension to the Special Outdoor Events permit for the Waterford Lakes Town Center. As part of this request, a Special Events Development Plan is attached which delineates the areas within the PD where the Special Events may take place. Project :Waterford Lakes PD/DRI/LUP - Substantial Change Applicant: James G. Willard District #:4 Request: To consider a substantial change to the approved Waterford Lakes Planned Development/Development of Regional Impact Land Use Plan (PD/DRI/LUP) to allow a permanent extension to the Special Outdoor Events permit for the Waterford Lakes Town Center. As part of this request, a Special Events Development Plan is attached which delineates the areas within the PD where the Special Events may take place.

11. Board of County Commissioners Zoning Map

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

13. Board of County Commissioners Waterford Lakes Land Use Plan Waterford Lakes Land Use Plan

14. Board of County Commissioners Waterford Lakes Town Center Special Events DP Waterford Lakes Town Center Special Events DP

15. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Waterford Lakes PD/DRI/LUP dated “Received September 30, 2005,” subject to the five (5) conditions in the staff report.

16. Board of County Commissioners 1. Development shall conform to the Waterford Lakes PD / DRI Land Use Plan dated “Received September 30, 2005,” 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 “September 30, 2005,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

17. 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. The PD shall be permitted to hold Special Events throughout the calendar year located only on that portion of the common area crosshatched in the Waterford Lakes Town Center Special Events Development Plan dated “June 25, 2010." DRC Recommendations Cont’d.

18. Board of County Commissioners 4. The following Special Events shall be prohibited: a) Car Sales Events, i.e. events featuring or promoting the sale of new or used cars; b) Boat sales Events, i.e. events featuring or promoting the sale of new or used boats; c) Special Events featuring the sale of merchandise which is not customarily sold by uses permitted in the Orange County C-1 Zoning District. 5.All applicable previous Conditions of Approval shall apply. DRC Recommendations Cont’d.

19. Board of County Commissioners PUBLIC HEARING

20. Board of County Commissioners PUBLIC HEARING August 3, 2010

21. Board of County Commissioners District #: 4 Case #: LUP-10-03-045 Applicant: Joshua D. Barbaree for Aristocrat VW PD Request: R-1 (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use: Commercial - Up to 105,000 sq. ft. of commercial building uses for C-1 (Retail Commercial) and/or New Automobile Dealership and ancillary uses, including, but not limited to, Automobile Service Center, Part Sales, Paint and Body, Carwash, and Pre-Owned Vehicle Sales. (The utilization of the site for an automobile dealership is currently proposed.) District #: 4 Case #: LUP-10-03-045 Applicant: Joshua D. Barbaree for Aristocrat VW PD Request: R-1 (Single-Family Dwelling District) to PD (Planned Development District) Proposed Use: Commercial - Up to 105,000 sq. ft. of commercial building uses for C-1 (Retail Commercial) and/or New Automobile Dealership and ancillary uses, including, but not limited to, Automobile Service Center, Part Sales, Paint and Body, Carwash, and Pre-Owned Vehicle Sales. (The utilization of the site for an automobile dealership is currently proposed.)

22. Board of County Commissioners LUP-10-03-045 Zoning Map LUP-10-03-045 Zoning Map

23. Board of County Commissioners LUP-10-03-045 Future Land Use Map LUP-10-03-045 Future Land Use Map

24. Board of County Commissioners Aristocrat VW Land Use Plan

25. Board of County Commissioners Aristocrat VW PD Site Access

26. 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:

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

28. 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. 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.

29. Board of County Commissioners DRC Conditions of Approval Cont’d. 4.The Developer shall obtain water and wastewater service from Orange County Utilities. 5.Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 6. 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. 7. Unless a Conservation Area Impact (CAI) Permit is approved by the Orange County Board of County Commissioners consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be allowed.

30. Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to seven (7) conditions.

31. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Aristocrat VW PD Land Use Plan dated “Received April 16, 2010,” subject to the seven (7) conditions as stated in the Planning and Zoning Recommendations of the staff report.

32. Board of County Commissioners Project : Lake Reams Neighborhood Planned Development - Sharp Property Phase 1 Preliminary Subdivision Plan - Substantial Change District #: 1 Request: To consider a substantial change to the Lake Reams Neighborhood Planned Development - Sharp Property Phase 1 Preliminary Subdivision Plan to modify the mix of townhomes and single-family homes, to widen Street “A” from 22’ to 24’ of payment, relocate on- street parking from Street “F” to re-aligned Reams Road to serve the existing townhome units. Project : Lake Reams Neighborhood Planned Development - Sharp Property Phase 1 Preliminary Subdivision Plan - Substantial Change District #: 1 Request: To consider a substantial change to the Lake Reams Neighborhood Planned Development - Sharp Property Phase 1 Preliminary Subdivision Plan to modify the mix of townhomes and single-family homes, to widen Street “A” from 22’ to 24’ of payment, relocate on- street parking from Street “F” to re-aligned Reams Road to serve the existing townhome units.

33. Board of County Commissioners Lake Reams Neighborhood PD/ Sharp Property Phase 1 PSP Location Map Lake Reams Neighborhood PD/ Sharp Property Phase 1 PSP Location Map

34. Board of County Commissioners Lake Reams Neighborhood PD/Sharp Property Phase 1 -CURRENT- Preliminary Subdivision Plan Lake Reams Neighborhood PD/Sharp Property Phase 1 -CURRENT- Preliminary Subdivision Plan

35. Board of County Commissioners Lake Reams Neighborhood PD/Sharp Property -PREVIOUS- Preliminary Subdivision Plan (2007) Lake Reams Neighborhood PD/Sharp Property -PREVIOUS- Preliminary Subdivision Plan (2007)

36. Board of County Commissioners  Approve the Lake Reams Neighborhood Planned Development - Sharp Property Phase 1 Preliminary Subdivision Plan dated “Received May 28, 2010,” subject to three (3) conditions in the staff report. Action Requested

37. Board of County Commissioners 1. Development shall conform to the Lake Reams Neighborhood Planned Development; Orange County Board of County Commissioners (BCC) approvals; Sharp Property Phase 1 Preliminary Subdivision Plan dated “Received May 28, 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 28, 2010,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

38. 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.

39. Board of County Commissioners 3. All previous applicable BCC Conditions of Approval dated May 24, 2005, shall apply: a) Development shall conform to the Lake Reams Neighborhood PD, Orange County Board of County Commissioners' (BCC) approvals; Sharpe Property PSP, dated "Received February 3, 2005"; and modified Sheet 2, dated "Received May 12, 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 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. PSP approval automatically expires on May 24, 2006, in accordance with the Orange County Subdivision Regulations as amended. THIS CONDITION OF APPROVAL HAS BEEN MODIFIED DRC Recommendations Cont’d.

40. Board of County Commissioners b) Prior to construction plan approval, a master stormwater management plan for the PD shall be submitted to the Development Engineering Division for review and approval. c) Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with the approved master utility plan for this PD. d)Unless a Conservation Area Impact Permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area encroachments are permitted. e)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. DRC Recommendations Cont’d.

41. Board of County Commissioners f) Prior to platting, an MSBU shall be established for recreational trail maintenance for trails, which range in width fro over 5 feet to less than 14 feet in width. g)The final location of the 25-foot bike trail easement shall be shown on the final engineering plans for the Lake Reams Neighborhood Sharper Property. h)The townhomes shall comply with the Board of Zoning Adjustment (BZA) approval. i)Prior to construction plan approval, a Roadway Impact Fee Agreement shall be executed for the relocation and construction of Reams Road from C. R. 535, generally southerly through the property. j)Prior to platting, an MSBU shall be established for street lighting internal to the village. DRC Recommendations Cont’d.

42. Board of County Commissioners k) 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. However, nothing in this condition and nothing in the decision to approve this preliminary subdivision 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. l) The First Amendment to Lake Reams Neighborhood PD (Adequate Public Facilities) Development Agreement is approved. DRC Recommendations Cont’d.

43. Board of County Commissioners PUBLIC HEARING