1. Board of County Commissioners PUBLIC HEARING February 3, 2009

2. Board of County Commissioners Project : Sand Lake Development Preliminary Subdivision Plan - Substantial Change District #: 4 Request: To consider a substantial change to the Sand Lake Development Preliminary Subdivision Plan to add a fifth (5 th ) lot. Project : Sand Lake Development Preliminary Subdivision Plan - Substantial Change District #: 4 Request: To consider a substantial change to the Sand Lake Development Preliminary Subdivision Plan to add a fifth (5 th ) lot.

3. Board of County Commissioners Sand Lake Development PSP Location Map Sand Lake Development PSP Location Map

4. Board of County Commissioners Sand Lake Development Preliminary Subdivision Plan Sand Lake Development Preliminary Subdivision Plan

5. Board of County Commissioners  Approve the Sand Lake Development Preliminary Subdivision Plan dated “Received November 7, 2008,” subject to the three (3) conditions in the staff report. Action Requested

6. Board of County Commissioners 1.Development shall conform to the Sand Lake Development Preliminary Subdivision Plan dated "Received November 7, 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 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 November 7, 2008“, the condition of approval shall control to the extent of such conflict or inconsistency. 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. DRC Recommendations

7. Board of County Commissioners 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 previous applicable conditions of approval dated December 4, 2007 shall apply except as modified: a. AS MODIFIED BY THE DRC ON SEPTEMBER 24, 2008. Lot 1 shall be issued a Certificate of Occupancy prior to platting the parcel. No vertical building permits shall be issued for any other lots until the property is platted. b. 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. c. Outdoor storage and display shall be prohibited. DRC Recommendations Cont’d.

8. Board of County Commissioners d. Billboards and pole signs shall be prohibited. Signage shall comply with CH. 31.5. e. 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. f. 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. DRC Recommendations Cont’d.

9. Board of County Commissioners The developer shall obtain approval of the street lighting fixtures, poles, and luminaries from the Orange County Comptroller Special Assessment 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 section. 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. g. A tree mitigation fee payment of $89,600 has been made to Orange County, therefore this condition of approval has been satisfied. DRC Recommendations Cont’d.

10. 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. 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.

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 Peppermill West Land Use Plan Peppermill West Land Use Plan

14. 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.

15. Board of County Commissioners 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. DRC Recommendations

16. Board of County Commissioners 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 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. DRC Recommendations Cont’d.

17. Board of County Commissioners -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. DRC Recommendations Cont’d.

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

19. Board of County Commissioners 6.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 DRC Recommendations Cont’d.

20. Board of County Commissioners 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) DRC Recommendations Cont’d.

21. Board of County Commissioners 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 and cooled 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) DRC Recommendations Cont’d.

22. Board of County Commissioners 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 may permanently reside in 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. DRC Recommendations Cont’d.

23. Board of County Commissioners Project : Quadrangle PD/LUP Substantial Change Applicant: April Montgomery of Foley & Lardner LLP District #:5 Request: To consider a substantial change to the approved Quadrangle Planned Development/Land Use Plan (PD/LUP) to: Project : Quadrangle PD/LUP Substantial Change Applicant: April Montgomery of Foley & Lardner LLP District #:5 Request: To consider a substantial change to the approved Quadrangle Planned Development/Land Use Plan (PD/LUP) to:

24. Board of County Commissioners Substantial Change Request 1.On Tract 16, convert the current land use of Office/Conservation to Commercial/Hotel/Open Space. 2.On Tract 18, convert the current land use of Office/Conservation to Office/Open Space. 3.On Tract 5, correct the use designation of Multi- Family to Multi-Family/Office.

25. Board of County Commissioners Zoning Map

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

27. Board of County Commissioners Quadrangle Land Use Plan Quadrangle 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 Quadrangle PD/LUP dated “Received October 27, 2008,” subject to the three ( 3) conditions in the staff report.

29. Board of County Commissioners 1. Development shall conform to the Quadrangle PD Land Use Plan dated "Received October 27, 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 October 27, 2008," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

30. Board of County Commissioners 2. All acreages regarding conservation areas and buffers are considered approximate until finalized by Conservation Area Determination and Conservation Area Impact Permits. Approval of this plan does not permit any proposed conservation impacts. 3. All previous applicable conditions of approval dated January 4, 2005, shall apply: a. 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.

31. Board of County Commissioners b. Prior to construction plan approval, certification with supporting calculations shall be submitted, which states that this project is consistent with approved master utility and stormwater plans for this Planned Development. c. Pole signs and billboards shall be prohibited. Ground and fascia signs shall comply with Chapter 31.5. d. Outdoor storage and display shall be prohibited. e. This project shall comply with Lighting Ordinance 2003-08. f. This project shall comply with the Commercial Design Standards Ordinance. g. Commercial restaurants shall not have outdoor speakers or music. h.The developer shall obtain wastewater and water service from Orange County subject to County rate resolutions and ordinances. i. A Developer’s Agreement for right-of-way shall be required with the approval of the rezoning. DRC Recommendations Cont’d.

32. Board of County Commissioners j. Prior to issuance of a building permit, the property shall be replatted. k. There shall be no direct access to Rouse Road. l. This project shall comply with the drainage requirements of the Orange County Subdivision Regulations. DRC Recommendations Cont’d.

33. Board of County Commissioners PUBLIC HEARING