1. Board of County Commissioners PUBLIC HEARING October 27, 2009

2. Board of County Commissioners District #: 1 Case #: RZ-09-06-016 Applicant: John Adams for Lake Austin PD (AKA Grande Palisades Resort DRI) Request: A-1 (Citrus Rural District), A-2 (Farmland Rural District), and PD (Planned Development District) to PD (Planned Development District) District #: 1 Case #: RZ-09-06-016 Applicant: John Adams for Lake Austin PD (AKA Grande Palisades Resort DRI) Request: A-1 (Citrus Rural District), A-2 (Farmland Rural District), and PD (Planned Development District) to PD (Planned Development District)

3. Board of County Commissioners Proposed Use: Development in accordance with the approved PD Land Use Plan (LUP) for this application: Timeshare – up to 4,159 units Ground Floor Commercial – up to 60,000 square feet of C-1 (Retail Commercial District) uses Recreation – conventional recreation facilities, including sport courts, pools, and fitness centers. In addition, nature trails, a beach, boating facilities, and a fitness tower are proposed. (Required by the Growth Center Resort regulations). Proposed Use: Development in accordance with the approved PD Land Use Plan (LUP) for this application: Timeshare – up to 4,159 units Ground Floor Commercial – up to 60,000 square feet of C-1 (Retail Commercial District) uses Recreation – conventional recreation facilities, including sport courts, pools, and fitness centers. In addition, nature trails, a beach, boating facilities, and a fitness tower are proposed. (Required by the Growth Center Resort regulations).

4. Board of County Commissioners USE COMPARISON: Development in accordance with the approved PD Land Use Plan (LUP) from 2004 to current request: Approved LUP 2004 Proposed this LUP 2009 Acres 106.21 ac. 210.98 ac. Time Share up to 999 units up to 4,159 units Commercial 15,000 sq. ft. (C-1 uses) 60,000 sq. ft. (C-1 uses) Recreation 6.2 ac. 21.8 ac. USE COMPARISON: Development in accordance with the approved PD Land Use Plan (LUP) from 2004 to current request: Approved LUP 2004 Proposed this LUP 2009 Acres 106.21 ac. 210.98 ac. Time Share up to 999 units up to 4,159 units Commercial 15,000 sq. ft. (C-1 uses) 60,000 sq. ft. (C-1 uses) Recreation 6.2 ac. 21.8 ac.

5. Board of County Commissioners RZ-09-06-016 Zoning Map RZ-09-06-016 Zoning Map

6. Board of County Commissioners RZ-09-06-016 Future Land Use Map RZ-09-06-016 Future Land Use Map

7. Board of County Commissioners Lake Austin Land Use Plan

8. 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:

9. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Lake Austin PD Land Use Plan dated “Received July 7, 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 July 7, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

10. 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.

11. Board of County Commissioners DRC Conditions of Approval Cont’d. 4. The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities. 5. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the next Preliminary Subdivision Plan/Development Plan (PSP/DP). The MUP must be approved prior to Construction Plan approval. 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 certificate of occupancy. However, nothing in this condition and nothing in the decision to approve this development 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. Parking shall be limited to 110 percent of the minimum amount required per Code.

12. Board of County Commissioners DRC Conditions of Approval Cont’d. 8. Signage for the commercial shall not be placed along State Road 545 / Avalon Road. 9. No permanent school-aged children shall be generated as a result of this development. 10. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 11. Outdoor sales, storage, and display shall be prohibited. 12. A Tree Survey Mitigation Plan for the undeveloped property (phase two) will be required at PSP/DP submittals. 13. A minimum building setback of 25 feet from the PD perimeter shall be maintained. 14.Maximum impervious area shall be limited to 65 percent. The project shall have a minimum open space requirement of 35 percent.

13. Board of County Commissioners DRC Conditions of Approval Cont’d. 15. No Board of County Commissioners (BCC) public hearing shall be held for this request until the PD Land Use Plan (LUP) has been approved by the Orange County Development Review Committee (DRC). (The DRC reviewed and approved the PD-LUP as noted in this report on July 7, 2009, thus complying with this condition for the BCC public hearing). 16. Access to the existing parcels and uses on the south side of Grande Palisades Boulevard, including immediate access to the existing sand road, shall be provided, subject to review and approval by Orange County. All costs associated with the provision of such access shall be borne by the applicant/owner. 17. The Grand Palisades Resort Development of Regional Impact Development Order is hereby approved.

14. Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to seventeen (17) conditions.

15. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Lake Austin PD Land Use Plan dated “Received July 7, 2009,” subject to the seventeen (17) conditions as stated in the Planning and Zoning Recommendations of the staff report.

16. Board of County Commissioners District #: 1 Case #: RZ-08-04-023 Applicant: Shaman Foradi for Emergi Care Medical Center PD Request: R-CE (Country Estate District) to PD (Planned Development District) Proposed Use: Medical/Office - up to 12,542 sq. ft.; Uses of the property shall be limited to those permitted in the P-O (Professional Office District) zoning classification. District #: 1 Case #: RZ-08-04-023 Applicant: Shaman Foradi for Emergi Care Medical Center PD Request: R-CE (Country Estate District) to PD (Planned Development District) Proposed Use: Medical/Office - up to 12,542 sq. ft.; Uses of the property shall be limited to those permitted in the P-O (Professional Office District) zoning classification.

17. Board of County Commissioners RZ-08-04-023 Zoning Map RZ-08-04-023 Zoning Map

18. Board of County Commissioners RZ-08-04-023 Future Land Use Map RZ-08-04-023 Future Land Use Map

19. Board of County Commissioners Emergi Care Medical Center Land Use Plan

20. 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:

21. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Emergi Care Medical Center PD Land Use Plan dated “Received June 26, 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 June 26, 2009," the condition of approval shall control to the extent of such conflict or inconsistency.

22. 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 Developer shall obtain water and wastewater service from Orange County Utilities. 4. Permitted uses shall be limited to office use only.

23. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. Ground and fascia signs shall comply with Sec. 38-1354. Billboards, roof signs, electronic changeable signs, bench signs, portable signs, moving, flashing or pulsating signs, banners or cold air inflatable balloons, pole signs, backlit signs, and LED signs shall be prohibited. 6. Outdoor storage and display shall be prohibited. 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. 8. At the time of Development Plan approval, this project shall demonstrate a unified development program which addresses access and architectural design compatibility with the adjacent property. At the time of Development Plan application to the DRC, the property owner shall provide a complete set of plan submittals to the adjacent property owner.

24. Board of County Commissioners DRC Conditions of Approval Cont’d. 9. Consistent with Orange County Code Sec. 38-1344(3)(d), the Development Plan for this development shall be scheduled for a public hearing before the Board of County Commissioners.

25. Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to nine (9) conditions.

26. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Emergi Care Medical Center PD Land Use Plan dated “Received June 26, 2009,” subject to the nine (9) conditions as stated in the Planning and Zoning Recommendations of the staff report.

27. Board of County Commissioners PUBLIC HEARING

28. Board of County Commissioners PUBLIC HEARING October 27, 2009

29. Board of County Commissioners Project : College Suites at Woodbury PD – College Suites at Woodbury DP District #:5 Proposed Use:Student Housing: 191units/749 beds - Max. building height: 100 feet/8 Stories Project : College Suites at Woodbury PD – College Suites at Woodbury DP District #:5 Proposed Use:Student Housing: 191units/749 beds - Max. building height: 100 feet/8 Stories

30. Board of County Commissioners College Suites at Woodbury PD/ College Suites at Woodbury DP Location Map College Suites at Woodbury PD/ College Suites at Woodbury DP Location Map

31. Board of County Commissioners College Suites at Woodbury PD/ College Suites at Woodbury Development Plan College Suites at Woodbury PD/ College Suites at Woodbury Development Plan

32. Board of County Commissioners  Approve the College Suites at Woodbury Planned Development – College Suites at Woodbury Development Plan dated “Received July 14, 2009,” subject to the eight (8) conditions in the staff report. Action Requested

33. Board of County Commissioners 1. Development shall conform to the College Suites at Woodbury Planned Development; Orange County Board of County Commissioners (BCC) approvals; College Suites at Woodbury Development Plan dated "Received July 14, 2009" 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. 2. 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. 3. 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

34. Board of County Commissioners 4. Billboards and pole signs shall be prohibited. All signage shall comply with Ch. 31.5. The ancillary commercial use shall not be entitled to any signage. 5. 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. 6. Prior to the issuance of any vertical building permits, the plat shall be approved on the BCC Consent Agenda. 7. Outdoor storage and display shall be prohibited. 8. Prior to construction plan approval, documentation shall be provided that this development has the legal right to discharge. DRC Recommendations

35. Board of County Commissioners PUBLIC HEARING