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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. May 10, 2011. Board of County Commissioners. Project : Thompson Road PD/Thompson Road PSP District #: 2 Proposed Use: 104 Single-family dwelling units: - Min. living area: 1000 sq. ft. - Max. building height: 35’ (2 stories).

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING May 10, 2011

  2. Board of County Commissioners Project : Thompson Road PD/Thompson Road PSP District #: 2 Proposed Use: 104 Single-family dwelling units: - Min. living area: 1000 sq. ft. - Max. building height: 35’ (2 stories)

  3. Board of County Commissioners Thompson Road PD/ Thompson Road PSP Location Map

  4. Board of County Commissioners Thompson Road PD/ Thompson Road Preliminary Subdivision Plan

  5. Board of County Commissioners Action Requested • Approve the Thompson Road Planned Development – Thompson Road Preliminary Subdivision Plan dated “Received February 10, 2011,” subject to the eight (8) conditions in the staff report.

  6. Board of County Commissioners DRC Recommendations Development shall conform to the Thompson Road Planned Development; Orange County Board of County Commissioners (BCC) approvals; Thompson Road Preliminary Subdivision Plan dated "Received February 10, 2011," 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 February 10, 2011," the condition of approval shall control to the extent of such conflict or inconsistency.

  7. 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 the Board at a public hearing where the development was considered or approved. 3. 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.

  8. Board of County Commissioners DRC Recommendations Cont’d. 4. 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. 5. 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.

  9. Board of County Commissioners DRC Recommendations Cont’d. 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. 6. 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. 7. The covenants, conditions, and restrictions (CC&Rs) shall contain notification that this was formerly the location of a landscape nursery and that a soil contamination clean-up has been conducted on the site. 8. 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.

  10. Board of County Commissioners DRC Recommendations Cont’d. The original NOI form shall be sent to the Florida Department of Environmental Protection.

  11. Board of County Commissioners Project : Falcone-Monk PD/LUP Substantial Change Applicant:Monk Partners, LLC District #: 1 Request: To consider a substantial change to the approved Falcone-Monk Planned Development/Land Use Plan (PD/LUP) to: (1) Change the Land Use Plan notes referencing “minimum lot size” to “minimum average lot size,” (2) Reduce the unit count from 111 to 105, and (3) Utilize the development guidelines from the amended Horizon West Village Code of Chapter 38.

  12. Board of County Commissioners Zoning Map

  13. Board of County Commissioners Future Land Use Map

  14. Board of County Commissioners Falcone-Monk Land Use Plan

  15. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Falcone-Monk PD/LUP dated “Received March 8, 2011” subject to the four (4) conditions in the staff report.

  16. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Falcone-Monk PD/LUP dated “Received February 22, 2007 March 8, 2011,” 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 “February 22, 2007 March 8, 2011” the condition of approval shall control to the extent of such conflict or inconsistency.

  17. 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 the Board at a public hearing where the development was considered or approved. 3. The Developer shall comply with Section 38-1381 as adopted by the Board of County Commissioners on June 2, 2009, which allows the applicant the option of complying with the New Village Code.

  18. Board of County Commissioners DRC Recommendations Cont’d. 4. All previous applicable Conditions of Approval dated January 15, 2008 shall apply: a. The developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. b. The following Education Condition of Approval shall apply: - This project contains one hundred eleven (111) unvested units that are subject to the County's school capacity policy (a/k/a the "Martinez Initiative"). The developer has contracted with the McKinney Groves General Partnership (McKinney Groves), one of the members of the Lakeview MS Consortium, to acquire school rights/credits established under the Capacity Enhancement Agreement by and between McKinney Groves and the School Board dated September 1, 2005 (CEA #05-022). The number of school rights/credits equals or exceeds the number of unvested units. The County shall not record a plat for any of the unvested units until it receives notice from Orange County Public Schools (OCPS) that the developer has closed on the acquisition of the school credits from McKinney Groves. The developer shall comply with all provisions of the CEA.

  19. 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 Unvested Units. The County shall again begin issuing building permits upon Orange County Public Schools' written notice to the County that the developer is no longer in breach or default of the Capacity Enhancement Agreement. The developer and its successor or assign under the Capacity Enhancement Agreement, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits. • - Developer, or its successor or assign under the Capacity Enhancement Agreement, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's property rights. • - Orange County shall be held harmless by the developer and its assigns under the Capacity Enhancement Agreement, in any dispute between the developer and Orange County Public Schools over any interpretation or provision of the Capacity Enhancement Agreement.

  20. Board of County Commissioners DRC Recommendations Cont’d. c. The Falcone-Monk PD Adequate Public Facilities Agreement is approved. d. The "Assignment and Conveyance of Transferable Development Rights" is approved. e. The "Agreement Regarding Assignment and Conveyance of Transferable Development Rights" is approved.

  21. Board of County Commissioners Project : Falcone-Monk Planned Development - Falcone-Monk Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Falcone- Monk Planned Development - Falcone-Monk Preliminary Subdivision Plan to adopt the New Village Code for this subdivision and reduce the unit count from 111 to 105 single-family detached units.

  22. Board of County Commissioners Falcone-Monk PD/ Falcone-Monk PSP Location Map

  23. Board of County Commissioners Falcone-Monk PD/ Falcone-Monk Preliminary Subdivision Plan

  24. Board of County Commissioners Action Requested • Approve the Falcone-Monk Planned Development – Falcone-Monk Preliminary Subdivision Plan dated “Received March 8 2011,” subject to seven (7) conditions in the staff report.

  25. Board of County Commissioners DRC Recommendations Development shall conform to the Falcone-Monk Planned Development; Orange County Board of County Commissioners (BCC) approvals; Falcone-Monk Preliminary Subdivision Plan dated "Received March 8, 2011" 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 March 8, 2011" the condition of approval shall control to the extent of such conflict or inconsistency. Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with the approved Lake Sawyer Master Utility Plan.

  26. Board of County Commissioners DRC Recommendations Cont’d. 3. 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.

  27. Board of County Commissioners DRC Recommendations Cont’d. 4. A use agreement shall be required with construction plan approval for the sidewalk within the park tract where the sidewalk crosses the County’s fee simple pond access next to Lot 19. 5. School Capacity Enhancement Agreement 05-002-T3.1 applies to this property through a school capacity credit transfer of 102 credits. One credit is equivalent to one residential unit. Prior to recording a final plat, a letter must be obtained from OCPS determining that the project is consistent with the capacity enhancement agreement. 6. The HOA shall be responsible for all recreation trail maintenance for trails that range from 5 feet to less than 14 feet in width.

  28. Board of County Commissioners DRC Recommendations Cont’d. 7. All previous applicable BCC conditions of approval dated, August 5, 2008, shall apply: a. Development shall conform to the Falcone Monk Planned Development; Orange County Board of County Commissioners (BCC) approvals; Falcone Monk Preliminary Subdivision dated "Received June 6, 2008"; 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 laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the Board of County Commissioners (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 June 6, 2008," the condition of approval shall control to the extent of such conflict or inconsistency. THIS CONDITION HAS BEEN REPLACED BY COA #1

  29. Board of County Commissioners DRC Recommendations Cont’d. b. 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. c. Unless a Conservation Area Impact permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments are permitted.

  30. Board of County Commissioners DRC Recommendations Cont’d. d. Prior to earth work 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. e. At time of construction plan submittal, certification with supporting calculations shall be submitted which states that this project is consistent with approved Master Utility Plan for this PD. f. 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, beyond that provided by the County, shall be provided by the Home Owners' Association.

  31. Board of County Commissioners DRC Recommendations Cont’d. g. 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. h. 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. i. Concurrent with platting, an MSBU shall be established for recreational trail maintenance for trails, which range in width from over 5 feet to less than 14 feet. THIS CONDITION HAS BEEN REPLACED BY COA #6

  32. Board of County Commissioners DRC Recommendations Cont’d. j. 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. k. 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. THIS CONDITION HAS BEEN REPLACED BY COA # 5 l. Park Recreation Tract P2 and P1, including the construction and installation of the pool, the cabana and the playground equipment, shall be constructed and installed in conjunction with the initial infrastructure. m. Prior to construction plan approval, this development shall pay its fair share for the roadway intersection improvements at the intersection of Ficquette and Overstreet Roads as determined by the County Engineer.

  33. Board of County Commissioners Project : Chase Road Property PD/LUP Substantial Change Applicant:Jeff Porter District #: 1

  34. Board of County Commissioners Request:To consider a substantial change to the approved Chase Road Property Planned Development/Land Use Plan (PD/LUP) to: 1. Reduce the unit count from 183 to 154; 2. Modify the overall site acreage; 3. Increase the APF right-of-way acreage from 2.78 acres to 3.10 acres; 4. Decrease the site’s overall trips from 1,830 ADT to 1,474 ADT; 5. Decrease the school population demand from 74 students to 62 students; and 6. Request the following five (5) waivers from Chapter 38 of Orange County Code: a) A waiver from Section 38-1386(b)(4) to decrease the minimum lot width from forty (40) feet to thirty-two (32) feet, b) A waiver from Section 38-1386(b)(2) to decrease the minimum average lot size from 4,800 square feet to 3,840 square feet, c) A waiver from Section 38-1386(b)(8)(b) to decrease the minimum side building setback from five (5) feet to four (4) feet within lots less than forty (40) feet wide, d) A waiver from Section 38-1386(b)(10) to reduce the minimum front porch setback from ten (10) feet to seven (7) feet, and e) A waiver from Section 38-1253(c) to allow for on-street parking for recreation areas in lieu of on-site parking areas only.

  35. Board of County Commissioners Zoning Map

  36. Board of County Commissioners Future Land Use Map

  37. Board of County Commissioners Chase Road Property Land Use Plan

  38. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Chase Road Property PD/LUP dated “Received March 4, 2011,” subject to the six (6) conditions in the staff report.

  39. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Chase Road Property PD/LUP dated “Received July 6, 2006 March 4, 2011,” 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 6, 2006 March 4, 2011” the condition of approval shall control to the extent of such conflict or inconsistency.

  40. 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 the Board at a public hearing where the development was considered or approved. 3. An updated Master Utility Plan (MUP) shall be approved by Orange County Utilities prior to Construction Plan approval. 4. 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.

  41. Board of County Commissioners DRC Recommendations Cont’d. 5. The following waivers are granted from the previous Village PD Code: a. A waiver from Section 38-1386(b)(4) is granted to decrease the minimum lot width from forty (40) feet to thirty-two (32) feet. b. A waiver from Section 38-1386(b)(2) is granted to decrease the minimum average lot size from 4,800 square feet to 3,840 square feet. c. A waiver from Section 38-1386(b)(8)(b) is granted to decrease the minimum side building setback from five (5) feet to four (4) feet within lots less than forty (40) feet wide. d. A waiver from Section 38-1386(b)(10) is granted to reduce the minimum front porch setback from ten (10) feet to seven (7) feet. e. A waiver from Section 38-1253(c) is granted to allow for on-street parking for recreation areas in lieu of on-site parking areas only.

  42. Board of County Commissioners DRC Recommendations Cont’d. 6. All previous applicable Conditions dated January 9, 2007, shall apply: a. The developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. b. An Adequate Public Facilities Agreement is approved for Chase Road PD. THIS CONDITION HAS BEEN REPLACED AS A RESULT OF THE APPROVAL OF THE “AMENDMENT TO CHASE ROAD PD ADEQUATE PUBLIC FACILITIES AGREEMENT” c. The developer shall comply with all provisions of the Public Education Agreement (PEA) entered into with the Orange County School Board as of July 19, 2005. The developer has a signed Capacity Enhancement Agreement (CEA) with Orange County Public Schools (OCPS) executed on August 29, 2005, and is on file with the Orange County Planning Division.

  43. Board of County Commissioners DRC Recommendations Cont’d. - The PEA applies to the parent tract containing approximately 92 acres. The southern portion of the parent tract was incorporated into the Keene's Point PD (RZ-05-09-102). The southern portion of the parent tract encumbered 55 of the 71 vested units pursuant to a decision by the Board of County Commissioners (BCC) at a public hearing on June 6, 2006. The remaining 16 vested units are applied to the Chase Road Property PD/LUP. Upon the County's receipt of written notice from OCPS that the developer is in default or breach of the PEA, the County shall immediately cease issuing building permits for any residential units in excess of 16 units. The County shall again begin issuing building permits upon OCPS' written notice to the County that the developer is no longer in breach or default of the PEA. The developer and its successor or assign under the PEA, shall indemnify and hold the County harmless from any third party claims, suits, or actions arising as a result of the act of ceasing the County's issuance of residential building permits.

  44. Board of County Commissioners DRC Recommendations Cont’d. - The developer, or its successor or assign under the PEA, agrees that it shall not claim in any future litigation that the County's enforcement of any of these conditions are illegal, improper, unconstitutional, or a violation of developer's property rights. - Orange County shall be held harmless by the developer and its assigns under the PEA, in any dispute between the developer and OCPS over any interpretation or provision of the PEA. - At the time of platting, documentation shall be provided from OCPS that this project is in compliance with the CEA.

  45. Board of County Commissioners Project : Chase Road Property Planned Development - Lake Burton Chase Phase 1 & 2 Preliminary Subdivision Plan Substantial Change District #: 1 Request: To consider a substantial change to the Chase Road Property Planned Development - Lake Burden Chase Phase 1 & 2 Preliminary Subdivision Plan to redistribute the number of units whereby Phase 1 will increase by three units and Phase 2 will decrease by 28 units for a total of 154 units. As part of this request a total of 114 townhome units in Phase 2 are being replaced with 86 single-family detached units. The overall minimum density requirements of Horizon West are being satisfied.

  46. Board of County Commissioners Chase Road Property PD/ Lake Burden Chase/Phase 1 & 2 PSP Location Map

  47. Board of County Commissioners Chase Road Property PD/ Lake Burden Chase/Phase 1 & 2 Preliminary Subdivision Plan

  48. Board of County Commissioners Action Requested • Approve the Chase Road Property Planned Development - Lake Burden Chase - Phase 1 & 2 Preliminary Subdivision Plan dated “Received March 4, 2011,” subject to six (6) conditions in the staff report.

  49. Board of County Commissioners DRC Recommendations Development shall conform to the Chase Road Property Planned Development; Orange County Board of County Commissioners (BCC) approvals; Lake Burden Chase - Phase 1 & 2 Preliminary Subdivision Plan dated "Received March 4, 2011" 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 March 4, 2011" the condition of approval shall control to the extent of such conflict or inconsistency.

  50. Board of County Commissioners DRC Recommendations Cont’d. 2. 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. 3. The HOA shall be responsible for all recreation trail maintenance for trails that range from 5 feet to less than 14 feet in width. 4. The site shall be stabilized following grubbing, clearing, earth work or mass grading to establish a dense stand of grass, or shall incorporate other approved Best Management Practices, on all disturbed areas if development does not begin within 7 days. Final stabilization shall achieve a minimum of 70% coverage of the disturbed land area and shall include a maintenance program to ensure minimum coverage survival and overall site stabilization until site development. A letter of credit or cash escrow shall be submitted to the County prior to Construction Plan approval to guarantee the required

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