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Patterson PD/LUP Substantial Change for Multi-Family Development

The Board of County Commissioners will consider a request to increase the multi-family units and decrease minimum living area for the Patterson PD/LUP. The request also includes a waiver for maximum building height and the placement of recreation facilities. The development must comply with applicable laws and regulations.

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Patterson PD/LUP Substantial Change for Multi-Family Development

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  1. Board of County Commissioners PUBLIC HEARING March 10, 2009

  2. Board of County Commissioners Project : Patterson PD/LUP Substantial Change Applicant:B. Todd Hudson of Hudson Engineering Associates District #: 1 Request: To consider a substantial change to the approved Patterson Planned Development/Land Use Plan (PD/LUP) for the following:

  3. Board of County Commissioners Substantial Change Request • To increase the multi-family units from 285 to 504; • 2) To decrease the minimum living area from 800 to 500 • square feet; • To grant a waiver from Section 38-1387(b)(5) to allow a • maximum building height of 45 feet in lieu of 40 feet; and • 4) To grant a waiver from Section 38-1382(h) to place the • recreation facilities internally in lieu of a permanently • allocated public open space tract.

  4. Board of County Commissioners Zoning Map

  5. Board of County Commissioners Future Land Use Map

  6. Board of County Commissioners Patterson Land Use Plan

  7. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Patterson PD/LUP dated “Received January 8, 2009,” subject to the thirteen (13) conditions in the staff report.

  8. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Patterson PD Land Use Plan dated “Received January 8, 2009,” 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 January 8, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  9. Board of County Commissioners DRC Recommendations Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her 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 his or her 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.

  10. Board of County Commissioners DRC Recommendations Cont’d. 4. The Developer shall obtain wastewater service from Orange County Utilities. 5. Tree removal/earthwork shall not occur unless and until construction plans for the 1st Preliminary Subdivision and/or Development Plan with removal/mitigation plans have been approved by Orange County. 6. Capacity Enhancement Agreements 05-005 and 05-014 apply to this project. The first 300 residential units appearing in a plat or final site plan shall comply with CEA 05-014, and any residential units beyond the 300th shall comply with CEA 05-005. Prior to recording of any plat or issuance of the first building permit for any phase, a letter must be obtained from OCPS to determine that the project is consistent with the applicable Capacity Enhancement Agreement. 7. 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 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.

  11. Board of County Commissioners DRC Recommendations Cont’d. 8. Prior to Platting, the right-of-way for Reams Road shall be conveyed. 9. Prior to construction plan approval, any requests to discharge into Reedy Creek Improvement District (RCID) shall be evaluated and permitted, if required, consistent with any applicable agreements. A waiver from Section 38-1387 (b) (5) of the Orange County Code is granted to allow a maximum building height of 45 feet in lieu of the allowable 40-foot maximum due to the site’s irregular configuration and location of wetlands. Except where waived, all development shall comply with the Horizon West Design Standards. A waiver from Section 38-1382(h) to place the recreation facilities internally. Prior to the issuance of any vertical building permits, this property shall be platted.

  12. Board of County Commissioners Project : Sweetwater Golf and Country Club PD/LUP Substantial Change Applicant:Javier Omana of CPH Engineers, Inc. District #: 2 Request: To consider a substantial change to the approved Sweetwater Golf and Country Club Planned Development/Land Use Plan (PD/LUP) to (1) grant a waiver from Section 38-1258(e) to allow the existing parking and other paved areas of Multi-Family to be located nine (9) feet from any Single-Family zoned property in lieu of twenty-five (25) feet; and (2) grant a waiver from Section 38-1258(g) to allow the existing main access point through single-family residential development to remain.

  13. Board of County Commissioners Zoning Map

  14. Board of County Commissioners Future Land Use Map

  15. Board of County Commissioners Sweetwater Golf and Country Club Land Use Plan

  16. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Sweetwater Golf and Country Club PD/LUP dated “Received January 16, 2009,” subject to the eight (8) conditions in the staff report.

  17. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Sweetwater Golf and Country Club PD Land Use Plan dated “Received January 16, 2009,” 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 January 16, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  18. Board of County Commissioners DRC Recommendations Cont’d. 2.This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her 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 his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. Outdoor storage and display shall be prohibited. 4. Billboards and pole signs shall be prohibited.

  19. Board of County Commissioners DRC Recommendations Cont’d. 5.In the event that the golf course or any portion of the golf course is ever closed and proposed for redevelopment or the number of unit exceeds 580 units, such proposals shall be deemed to constitute a substantial change to the Planned Development necessitating a public hearing and approval by the Board of County Commissioners. 6. Prior to platting, the applicant shall submit a Comprehensive Policy Plan amendment to change the Future Land Use Map on the southern portion of the golf course from low density residential to Park / Open Space / Golf Course. 7. A waiver from Section 38-1258(e) is granted to allow the existing parking and other paved areas of Multi-Family to be located nine (9) feet from any Single-Family zoned property in lieu of twenty-five (25) feet. 8. A waiver from Section 38-1258(g) is granted to allow the existing main access point through residential development to remain.

  20. Board of County Commissioners Project : South Orlando Urban Center PD/LUP Substantial Change Applicant:Constance Owens of TRI³Civil Engineering Design Studio, Inc. District #: 4 Request: To consider a substantial change to the approved South Orlando Urban Center Planned Development/Land Use Plan (PD/LUP) to grant fourteen (14) waivers from Section 38 which would be consistent with the approved FLU amendment and thus, promote Transit Oriented Development:

  21. Board of County Commissioners Substantial Change Request Waiver from Section 38-1234 (6)(a)(1), (2), (4), (7), and (8). Open Space to allow all ponds, regardless of design, to count as Class B open space. Waiver from Section 38-1258(h). Recreational Facilities (for Residential Developments) to allow single family and multi-family to share the same recreational areas in lieu of providing separate recreational areas for each use. Waiver from Section 38-1476(a)(1). Quantity of off-street parking to provide a total of 278 shared parking spaces for the combined Commercial/Office/ Multi-Family uses onsite with differing peaking during the day. This request shall be in lieu of the calculated 516 parking spaces for the combined uses as required by code. Waiver from Section 38-1254(1). Setbacks (for Residential Developments) to provide a continuous 25 foot PD perimeter setback for all uses within the PD in excess of 2 stories in lieu of providing setbacks based on structural height in addition to 2-stories, except where adjacent to residentially zoned properties outside of the PD boundary. To provide a 5’ setback from S. Orange Avenue (an arterial street) in lieu of 50’ as required by code.

  22. Board of County Commissioners Substantial Change Request 5. Waiver from Section 38-1254(2)(a) and Sec. 38-1272(3)(a). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office) a 5’ setback from an Arterial Roadway (Orange Avenue) in lieu of the required 50’ residential setback and 40’ commercial setback. Waiver from Section 38-1254(2)(e) and Sec. 38-1272(3)(d). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office and residential) a 5’ setback on all other right-of-way in lieu of the required residential setback of 20’ and commercial setback of 30’. Waiver from Section 38-1258(a) and (b). Multi-family development to allow a 50’ setback for the 4-story multi-family buildings in lieu of the required 100’/150’ requirement from the proposed single-family residential within the boundaries of this PD. Waiver from Section 38-1272 and Sec. 38-1258(a) and (b). Multi-family development to allow the four story mixed use building (retail and multi-family) within 50’ from the proposed single-family residential within the boundaries of this PD in lieu of the required 100’/150’.

  23. Board of County Commissioners Substantial Change Request 9. Waiver from Section 38-1258(d). Multi-family development to allow 4-story 50’ height multi-family buildings in lieu of the 3-story 40’ height allowable by code. 10. Waiver from Section 38-1258(f). Multi-family development to omit the requirement that a six-foot high masonry, brick, or block wall be constructed whenever a multi-family development is located adjacent to single-family zoned property within the boundary of the PD. 11. Waiver from Section 38-1258(g). Multi-family development to allow a direct access to any right-of-way within the PD serving platted single-family residential development. 12. Waiver from Section 38-1258(i). Multi-family development to eliminate the requirement that it be located adjacent to a fenced right-of-way. 13. Waiver from Section 38-1272(a)(5). General commercial to allow a 60’ commercial mixed-use building in lieu of the 50’ height limit and to allow the 60’ commercial mixed use building within 50’ from single-family residential in lieu of the required 35’ maximum when within 100’ of single-family residential within the boundaries of this PD.

  24. Board of County Commissioners Substantial Change Request 14. Waiver from Section 38-79(20)(f). To allow all townhome buildings to contain less than three (3) dwelling units.

  25. Board of County Commissioners Zoning Map

  26. Board of County Commissioners Future Land Use Map

  27. Board of County Commissioners South Orlando Urban Center Land Use Plan

  28. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved South Orlando Urban Center PD/LUP dated “Received January 9, 2009,” subject to the thirteen (13) conditions in the staff report.

  29. Board of County Commissioners DRC Recommendations 1. Development shall conform to the South Orlando Urban Center PD Land Use Plan dated “Received January 9, 2009,” 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 January 9, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency.

  30. Board of County Commissioners DRC Recommendations Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or his or her 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 his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. The Developer shall obtain wastewater service from Orange County Utilities. 4. 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.

  31. Board of County Commissioners DRC Recommendations Cont’d. 5. 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 land use plan amendment 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. 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. Outdoor storage and display shall be prohibited. 8. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 9. There shall be no interconnection to the single family residential parcels to the east of this site unless a substantial change to the PD is approved by the Board of County Commissioners.

  32. Board of County Commissioners DRC Recommendations Cont’d. 10.All previous applicable conditions of approval shall apply. a. There shall be no development on the existing platted lots fronting Royal Palm Avenue. These areas, north of the wetland shall be designed as open space on the Land Use Plan and reflected in the Covenants, Conditions, and Restrictions (CC&Rs), and the CC&Rs shall not be modified without approval from Orange County. b. An 8-foot masonry wall shall be constructed along the west side of the north/south drainage ditch and an easement shall be provided to connect the north/south drainage ditch to the east/west drainage ditch and sufficient area will be maintained between the wall and the ditch to provide for maintenance. c. Access shall be limited to Orange Avenue. d. There shall be no motorized watercraft on Bearhead Lake. e. This development shall not have a community boat dock or ramp.

  33. Board of County Commissioners DRC Recommendations Cont’d. f. At the Preliminary Subdivision Plan stage, the internal road width shall provide for both access for public safety vehicles and compliance with subdivision regulations. g. 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. h. Short-term rentals shall be prohibited. 11. The total amount of parking stalls provided shall not exceed 110% of the minimum required per Orange County code. 12. Stormwater ponds shall be owned and maintained by the Property Owners’ Association.

  34. Board of County Commissioners DRC Recommendations Cont’d. 13. Based on this project being an urban infill which promotes a Transit Oriented Development (TOD), the following waivers from Orange County Code Section 38 are being requested: a. Waiver from Section 38-1234(6)(a)(1), (2), (4), (7), and (8). Open Space to allow all ponds, regardless of design, to count as Class B open space. b. Waiver from Section 38-1258(h). Recreational Facilities (for Residential Developments) to allow single family and multi-family to share the same recreational areas in lieu of providing separate recreational areas for each use. c. Waiver from Section 38-1476(a)(1). Quantity of off-street parking to provide a total of 278 shared parking spaces for the combined Commercial/Office/Multi-Family uses onsite with differing peaking during the day. This request shall be in lieu of the calculated 516 parking spaces for the combined uses as required by code. d. Waiver from Section 38-1254(1). Setbacks (for Residential Developments) to provide a continuous 25 foot PD perimeter setback for all uses within the PD in excess of 2 stories in lieu of providing setbacks based on structural

  35. Board of County Commissioners DRC Recommendations Cont’d. height in addition to 2-stories, except where adjacent to residentially zoned properties outside of the PD boundary. To provide a 5’ setback from S. Orange Avenue (an arterial street) in lieu of 50’ as required by code. e. Waiver from Section 38-1254(2)(a) and Section 38-1272(3)(a). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office) a 5’ setback from an Arterial Roadway (Orange Avenue) in lieu of the required 50’ residential setback and 40’ commercial setback. Waiver from Section 38-1254(2)(e) and Section 38-1272(3)(d). Setbacks (for Residential and General Commercial Developments) to allow the mixed use buildings (commercial/office and residential) a 5’ setback on all other right-of-way in lieu of the required residential setback of 20’ and commercial setback of 30’. Waiver from Section 38-1258(a) and (b). Multi-family development to allow a 50’ setback for the 4-story multi-family buildings in lieu of the required 100’/150’ requirement from the proposed single-family residential within the boundaries of this PD.

  36. Board of County Commissioners DRC Recommendations Cont’d. h. Waiver from Section 38-1272 and Section 38-1258(a) and (b). Multi-family development to allow the four story mixed use building (retail and multi-family) within 50’ from the proposed single-family residential within the boundaries of this PD in lieu of the required 100’/150’. Waiver from Section 38-1258(d). Multi-family development to allow 4-story 50’ height multi-family buildings in lieu of the 3-story 40’ height allowable by code. j. Waiver from Section 38-1258(f). Multi-family development to omit the requirement that a six-foot high masonry, brick, or block wall be constructed whenever a multi-family development is located adjacent to single-family zoned property within the boundary of the PD. k. Waiver from Section 38-1258(g). Multi-family development to allow a direct access to any right-of-way within the PD serving platted single-family residential development. l. Waiver from Section 38-1258(i). Multi-family development to eliminate the requirement that it be located adjacent to a fenced right-of-way.

  37. Board of County Commissioners DRC Recommendations Cont’d. m. Waiver from Section 38-1272(a)(5). General commercial to allow a 60’ commercial mixed-use building in lieu of the 50’ height limit and to allow the 60’ commercial mixed use building within 50’ from single-family residential in lieu of the required 35’ maximum when within 100’ of single-family residential within the boundaries of this PD. n. Waiver from Section 38-79(20)(f). To allow all townhome buildings to contain less than three (3) dwelling units.

  38. Board of County Commissioners Project : Peppermill West PD/LUP Substantial Change Applicant:Virginia Musselwhite of Meritage Homes of Central Florida District #: 1 Request: To consider a substantial change to the approved Peppermill West Planned Development/Land Use Plan (PD/LUP) to change the residential uses on Lot 7A (Parcel F) from an age-restricted community (age 55+) to traditional market housing.

  39. Board of County Commissioners Zoning Map

  40. Board of County Commissioners Future Land Use Map

  41. Board of County Commissioners Peppermill West Land Use Plan

  42. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Peppermill West PD/LUP dated “Received December 22, 2008,” subject to the nineteen (19) conditions in the staff report.

  43. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Peppermill West PD Land Use Plan dated “Received December 22, 2008,” 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 December 22, 2008,” the condition of approval shall control to the extent of such conflict or inconsistency.

  44. Board of County Commissioners DRC Recommendations Cont’d. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to theBoard at a public hearing where the development was considered or approved. 3. The following Education Condition of Approval shall apply: -Developer shall comply with all provisions of the Capacity Enhancement Agreement entered into with the Orange County School Board as of November 6, 2008.

  45. Board of County Commissioners DRC Recommendations Cont’d. -Upon the County’s receipt of written notice from Orange County Public Schools that the developer is in default or breach of the Capacity Enhancement Agreement, the County shall immediately cease issuing building permits for any residential units in excess of the 2 residential units allowed under the zoning existing prior to the approval of the PD zoning. The County shall again begin issuing building permits upon Orange County Public Schools’ written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the cessation of the County’s issuance of residential building permits resulting from such notification from OCPS. -Developer, or its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, agrees that it shall not claim in any future litigation that the County’s enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer’s rights.

  46. Board of County Commissioners DRC Recommendations Cont’d. Orange County shall be held harmless by the developer and its successor(s) and/or assign(s) under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement. At the time of platting, documentation shall be provided from Orange County Public Schools that this project is in compliance with the Capacity Enhancement Agreement. 4. The cell tower shall comply with Cell tower Ordinance 97-11 BCC APPROVAL DATED MAY 8, 2007 5. BCC APPROVAL DATED FEBRUARY 7, 2006 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #2.

  47. Board of County Commissioners DRC Recommendations Cont’d. • A waiver from Section 38-1258(a) is granted to allow a 2-story building • within 40 feet of single family residential in lieu of a single-story building • within 100 feet of single family residential. • BCC APPROVAL DATED FEBRUARY 7, 2006 • 7. A waiver from Section 38-1258(e) is granted to allow a 7-foot paving setback in lieu of 25 feet. • BCC APPROVAL DATED FEBRUARY 7, 2006 • 8. The maximum building height shall be 35 feet/2 stories. • BCC APPROVAL DATED FEBRUARY 7, 2006 • 9. The first and second floor shall be under 1 ownership per unit. • BCC APPROVAL DATED FEBRUARY 7, 2006

  48. Board of County Commissioners DRC Recommendations Cont’d. • 10. 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 certificate of occupancy. • Nothing in this condition and nothing in the decision to approve this • development 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. • (BCC APPROVAL DATED FEBRUARY 7, 2006) • 11. Each unit of Lot 7B shall have a minimum of 1 bedroom on the ground • floor. • (BCC APPROVAL DATED FEBRUARY 7, 2006 AS RESTATED BY THE • DRC ON NOVEMBER 5, 2008) • 12. The developer shall obtain wastewater and water service from Orange • County subject to County rate resolutions and ordinances. • (BCC APPROVAL DATED FEBRUARY 15, 2005)

  49. Board of County Commissioners DRC Recommendations Cont’d. • 13. 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. • (BCC APPROVAL DATED FEBRUARY 15, 2005) • 14. Billboards and pole signs shall be prohibited. • (BCC APPROVAL DATED FEBRUARY 15, 2005) • 15. The minimum living shall be 1,200 square feet under heated andcooled • space only. • (BCC APPROVAL DATED FEBRUARY 15, 2005 AS AMENDED BY THE • DRC ON NOVEMBER 5, 2008, AS CONDITION OF APPROVAL # 11) • 16. Uses in the commercial tracts shall be restricted to Retail Commercial • District (C-1) and general Commercial District (C-2). Outdoor storage • and display, and new or used auto dealerships are prohibited • (BCC APPROVAL DATED FEBRUARY 15, 2005)

  50. Board of County Commissioners DRC Recommendations Cont’d. • 17. A 6-foot high masonry/brick/block wall shall be provided along the rear • of Lots 5 & 6 in Parcel F. • (BCC APPROVAL DATED FEBRUARY 15, 2005) • 18. At the time of platting, the project’s Declaration of Covenants, • Conditions, and Restrictions shall contain the following statement: • “This project shall house a least 1 person who is 55 or older in at least • 80 percent of the occupied units and shall adhere to policies that • demonstrate intent to house persons who are 55 or older, and shall • otherwise comply with the Fair Housing Act. In addition, no person • under the age of 18 maypermanently residein any unit on Lot 7B.” • 19. 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 plating.

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