1. Board of County Commissioners PUBLIC HEARING April 5, 2011

2. Board of County Commissioners Project :Isleworth-Four Corners PD/LUP Substantial Change Applicant: John Florio District #:1 Request: To consider a substantial change to the approved Isleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to eliminate Condition of Approval #6 from the November 23, 2010, BCC hearing, and approve a waiver from Section 38-1476, on the Southwest Quadrant only, to allow for a minimum of 1,170 parking spaces, or a ratio of 4 parking spaces per 1,000 feet, in lieu of 1,463 parking spaces, or a ratio of 5 parking spaces per 1,000 square feet. No additional square footage is being sought as part of this request. Project :Isleworth-Four Corners PD/LUP Substantial Change Applicant: John Florio District #:1 Request: To consider a substantial change to the approved Isleworth-Four Corners Planned Development/Land Use Plan (PD/LUP) to eliminate Condition of Approval #6 from the November 23, 2010, BCC hearing, and approve a waiver from Section 38-1476, on the Southwest Quadrant only, to allow for a minimum of 1,170 parking spaces, or a ratio of 4 parking spaces per 1,000 feet, in lieu of 1,463 parking spaces, or a ratio of 5 parking spaces per 1,000 square feet. No additional square footage is being sought as part of this request.

3. Board of County Commissioners Zoning Map

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

5. Board of County Commissioners Isleworth-Four Corners Land Use Plan Isleworth-Four Corners Land Use Plan

6. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Isleworth-Four Corners PD/LUP dated “Received January 11, 2011” subject to the four (4) conditions in the staff report.

7. Board of County Commissioners 1. Development shall conform to the Isleworth-Four Corners PD/LUP dated “Received September 27, 2010 January 11, 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 “September 27, 2010 January 11, 2011” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

8. Board of County Commissioners 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3.All previously-approved Conditions of Approval shall apply, including: a.A waiver from Section 38-1356(n) and Section 38-1372(j)(1) to allow a maximum building height of 54 feet for a previously-constructed dome which will be mounted upon an existing building in the Southeast Quadrant. DRC Recommendations Cont’d.

9. Board of County Commissioners b. Master water, reclaimed water, and wastewater plans, including preliminary calculations, shall be updated and approved prior to approval of the construction plans. c.No special exceptions shall be permitted in the Professional Office Districts. d.Billboards and pole signs are prohibited. e.Approve the amended and restated Developer’s Agreement concerning second-story commercial. Development shall comply with the Developer’s Agreement dated June 4, 2002. f.A waiver from Section 38-1372(f) is granted to allow a restaurant (coffee- shop establishment) with drive-thru in the Southwest Quadrant. g.A waiver from Section 38-1356(c) is granted to allow zero (0) foot setbacks in lieu of ten (10) feet for the interior lots in the Southwest Quadrant. h.Buildings within Parcel SW3 in the Southwest Quadrant may include clock towers, cupolas, atriums, domes, and similar architecture DRC Recommendations Cont’d.

10. Board of County Commissioners features that exceed thirty-five (35) feet, but less than fifty (50) feet, that require Orange County BCC approval during the building(s) Development Plan approval process. i. A parking waiver for development in the Southwest Quadrant shall not be approved at this time. Any waiver requests for reduced parking shall require separate BCC approval. THIS CONDITION IS BEING ELIMINATED AS A RESULT OF THIS REQUEST 4.A waiver from Section 38-1476 is granted, on the Southwest Quadrant only, to allow for a minimum of 1,170 spaces, or a ratio of 4 spaces per 1,000 square feet, in lieu of 1,463 spaces, or a ratio of 5 spaces per 1,000 square feet. DRC Recommendations Cont’d.

11. Board of County Commissioners Project :Waterford Lakes Office Park PD/LUP Substantial Change Applicant: Sam Sebaali District #:4 Request: To consider a substantial change to the approved Waterford Lakes Office Park Planned Development/Land Use Plan (PD/LUP) to amend the existing Development Program (approved for 100,000 square feet of Office/ Professional Office uses and 20,000 square feet of Fitness Club uses) to 35,000 square feet of Medical Office, 25,000 square feet of College/University, and 60,000 square feet of Shopping Center uses. Project :Waterford Lakes Office Park PD/LUP Substantial Change Applicant: Sam Sebaali District #:4 Request: To consider a substantial change to the approved Waterford Lakes Office Park Planned Development/Land Use Plan (PD/LUP) to amend the existing Development Program (approved for 100,000 square feet of Office/ Professional Office uses and 20,000 square feet of Fitness Club uses) to 35,000 square feet of Medical Office, 25,000 square feet of College/University, and 60,000 square feet of Shopping Center uses.

12. Board of County Commissioners Zoning Map

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

14. Board of County Commissioners Waterford Lakes Office Park Land Use Plan Waterford Lakes Office Park 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 Waterford Lakes Office Park PD/LUP dated “Received February 3, 2011” subject to the three (3) conditions in the staff report.

16. Board of County Commissioners 1. Development shall conform to the Waterford Lakes Office Park PD/LUP dated “Received February 19, 2003 February 3, 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 19, 2003 February 3, 2011” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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

18. Board of County Commissioners 3. All previously-approved Conditions of Approval shall apply, including: a.Prior to construction plan approval, certification with supporting calculations shall be submitted which indicates that the outfall system has the capacity to accommodate this project. b.A left-turn lane along Lake Underhill Road at the proposed entrance shall be constructed. c.Utility and access easements shall be acquired prior to Land Use Plan approval. d.Building height in excess of 56 feet will require a change determination with the Development Review Committee. DRC Recommendations Cont’d.

19. Board of County Commissioners Project :Holly Creek Phase II PD/LUP Substantial Change Applicant: John Kirby District #:2 Project :Holly Creek Phase II PD/LUP Substantial Change Applicant: John Kirby District #:2

20. Board of County Commissioners Request: To consider a substantial change to the approved Holly Creek Phase II Planned Development/Land Use Plan (PD/LUP) to: 1) Increase the number of lots from seventy (70) to ninety-five (95), 2) Decrease the minimum lot area from 7,500 square feet to 5,000 square feet, 3) Decrease the rear yard requirements from twenty-five (25) feet to twenty (20) feet, 4) Decrease the minimum lot width from seventy-five (75) feet to fifty (50) feet, 5) Decrease the side yard setback from seven and one-half (7.5) feet to five (5) feet, and 6) Remove a Class III wetland. Request: To consider a substantial change to the approved Holly Creek Phase II Planned Development/Land Use Plan (PD/LUP) to: 1) Increase the number of lots from seventy (70) to ninety-five (95), 2) Decrease the minimum lot area from 7,500 square feet to 5,000 square feet, 3) Decrease the rear yard requirements from twenty-five (25) feet to twenty (20) feet, 4) Decrease the minimum lot width from seventy-five (75) feet to fifty (50) feet, 5) Decrease the side yard setback from seven and one-half (7.5) feet to five (5) feet, and 6) Remove a Class III wetland.

21. Board of County Commissioners Zoning Map

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

23. Board of County Commissioners Holly Creek Phase II Land Use Plan Holly Creek Phase II Land Use Plan

24. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Holly Creek Phase II PD/LUP dated “Received December 28, 2010” subject to the four (4) conditions in the staff report.

25. Board of County Commissioners 1. Development shall conform to the Holly Creek Phase II PD/LUP dated “Received June 21, 2006 December 28, 2010,” and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated “June 21, 2006 December 28, 2010” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

26. Board of County Commissioners 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the owner/applicant (or authorized agent) to the BCC at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the BCC in approving the development, could have reasonably been expected to have been relied upon by the BCC in approving the development, or could have responsibly induced or otherwise influenced the BCC to approve the development. For purposes of this condition, a “promise” or “representation” shall be deemed to have been made to the BCC by the applicant (or authorized agent) if it was expressly made to the BCC at a public hearing where the development was considered or approved. 3. The developer shall obtain water service from the City of Apopka. 4. The developer shall comply with all provisions of the Public Education Agreement (PEA) entered into with the Orange County School Board (OCPS) as of July 27, 2004. The developer has a signed Capacity Enhancement Agreement with OCPS dated January 12, 2006 (executed on December 13, 2005), and is on file with the Orange County Planning Division. DRC Recommendations Cont’d.

27. Board of County Commissioners 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 the 4 residential units allowed under the zoning existing prior to approval of the PD zoning. 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 ceasing the County's issuance of residential building permits. 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. DRC Recommendations Cont’d.

28. Board of County Commissioners Developer shall comply with all provisions of the Amended Capacity Enhancement Agreement #04-015 entered into with the Orange County School Board on January 11, 2011. 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 4 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 act of ceasing the County's issuance of residential building permits. DRC Recommendations Cont’d.

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

30. Board of County Commissioners Project : Holly Creek Phase II PD/Holly Creek Phase II PSP (Affordable Housing) District #: 2 Proposed Use: 91 Single-family dwelling units: - Min. living area: 1200 sq. ft. - Max. building height: 35’ (2 stories) Project : Holly Creek Phase II PD/Holly Creek Phase II PSP (Affordable Housing) District #: 2 Proposed Use: 91 Single-family dwelling units: - Min. living area: 1200 sq. ft. - Max. building height: 35’ (2 stories)

31. Board of County Commissioners Holly Creek Phase II PD/ Holly Creek Phase II PSP (Affordable Housing) Location Map Holly Creek Phase II PD/ Holly Creek Phase II PSP (Affordable Housing) Location Map

32. Board of County Commissioners Holly Creek Phase II PD/Holly Creek Phase II (Affordable Housing) Preliminary Subdivision Plan Holly Creek Phase II PD/Holly Creek Phase II (Affordable Housing) Preliminary Subdivision Plan

33. Board of County Commissioners  Approve the Holly Creek Phase II Planned Development - Holly Creek Phase II Preliminary Subdivision Plan (Affordable Housing) dated “Received December 28, 2010,” subject to the nine (9) conditions in the staff report. Action Requested

34. Board of County Commissioners 1.Development shall conform to the Holly Creek Phase II PD Planned Development; Orange County Board of County Commissioners (BCC) approvals; Holly Creek Phase II Preliminary Subdivision Plan dated "Received December 28, 2010," and to the following conditions of approval. Development based upon this approval shall comply with all applicable federal, state and county laws, ordinances and regulations, which are incorporated herein by reference, except to the extent any applicable county laws, ordinances and regulations are expressly waived or modified by these conditions, or by action approved by the BCC, or by action of the BCC. In the event of a conflict or inconsistency between a condition of approval of this preliminary subdivision plan and the actual preliminary subdivision plan dated "Received December 28, 2010," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

35. 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. Roads and drainage system, including the retention ponds, 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. DRC Recommendations Cont’d.

36. Board of County Commissioners 4. 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. 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 DRC Recommendations Cont’d.

37. Board of County Commissioners 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. 6. Applicant must obtain a capacity encumbrance letter for this project including both roads and schools. 7. 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. 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. The original NOI form shall be sent to the Florida Department of Environmental Protection. DRC Recommendations Cont’d.

38. Board of County Commissioners 9. 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. 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 platting. DRC Recommendations Cont’d.

39. Board of County Commissioners District #: 1 Case #: LUP-09-11-002 Applicant: Jim Hall for Nadeen Tanmore II PD Request: A-2 (Farmland Rural District) and PD (Planned Development District) (Nadeen Tanmore II PD, 1991, & Sierra Land PD, 1999) to PD (Planned Development District) Proposed Use: Hotel: 2,099 rooms and 180,00 sq. ft. of convention facilities Timeshare: 897 units Tourist Commercial: 100,000 sq. ft. District #: 1 Case #: LUP-09-11-002 Applicant: Jim Hall for Nadeen Tanmore II PD Request: A-2 (Farmland Rural District) and PD (Planned Development District) (Nadeen Tanmore II PD, 1991, & Sierra Land PD, 1999) to PD (Planned Development District) Proposed Use: Hotel: 2,099 rooms and 180,00 sq. ft. of convention facilities Timeshare: 897 units Tourist Commercial: 100,000 sq. ft.

40. Board of County Commissioners LUP-09-11-002 Zoning Map LUP-09-11-002 Zoning Map

41. Board of County Commissioners LUP-09-11-002 Future Land Use Map LUP-09-11-002 Future Land Use Map

42. Board of County Commissioners Nadeen Tanmore II Land Use Plan

43. 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:

44. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Nadeen Tanmore II PD Land Use Plan dated “Received September 23, 2010,” and shall comply with all applicable federal, state and county laws, ordinances and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities and intensities described in such Land Use Plan, subject to those uses, densities and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state and county laws, ordinance and regulations, except to the extent that any applicable county laws, ordinances or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities or intensities. In the event of a conflict or inconsistency between a condition of approval of this zoning and the land use plan dated "Received September 23, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

45. 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. 4. The Developer shall obtain water, wastewater, and reclaimed water service from Orange County Utilities.

46. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. Residential units shall be prohibited. 6. On Parcels 3 and 4, all buildings shall be constructed at the 35-foot setback from International Drive. No parking areas shall be located within the 35-foot setback from International Drive. 7.On Parcels 3 and 4, parking shall be limited to 110 percent of the maximum permitted per the Orange County Code. 8. 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. 9.Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5 (T-C) standards. 10.Outdoor sales, storage, and display shall be prohibited.

47. Board of County Commissioners DRC Conditions of Approval Cont’d. 11. A waiver from Section 38-1300 of the Orange County Code is granted to allow an increase in height for hotel and timeshare uses from 200 feet to 250 feet for Parcel 4, to be consistent with the previously-approved 250- foot height on the balance of the PD. 12.The following conditions were previously included in the Sierra Land DRl and Nadeen Tanmore II DRl Development Orders which are being rescinded concurrently with this change. These former ongoing conditions are now incorporated into the Nadeen Tanmore II PD and are listed as follows: A.The Project shall consist of 2,099 hotel rooms, including 180,000 square feet of convention facilities, 897 timeshare units, and 100,000 square feet of commercial use on 130.32 acres and shall include not less than 25% of open space in accordance with Orange County’s Planned Development zoning district ordinance. B. Tourist Commercial uses shall be those consistent with Policies 1.1.3 and 1.1.6 of the International Drive Activity Center Element of the Orange County Comprehensive Plan.

48. Board of County Commissioners DRC Conditions of Approval Cont’d. C. The Developer shall comply with the Orange County Concurrency Management System, as amended, for any non-vested trips. The Developer shall comply with the Orange County Transportation Impact Fee Ordinance, as amended. D. In the interest of safety, and to promote alternative forms of transportation, the Developer will provide a safe and convenient system for cyclist and pedestrian circulation on-site. On-site bicycle and pedestrian systems shall be connected at Project entrances with the ten (10) foot wide bicycle/pedestrian facility along World Center Drive. The provision of showers and lockers for employees is strongly encouraged at places of employment. E. Transit passenger shelters and transit parking bays shall be constructed where necessary to augment and facilitate the operation and comfortable use of off-site public transit. The Developer shall provide for bus shuttle systems which service hotel patrons and shall operate between the Project and Orlando International Airport and between the Project and major area tourist attractions. The Developer shall make known to employees that the Nadeen Tanmore II area is served by an existing

49. Board of County Commissioners DRC Conditions of Approval Cont’d. transit and ridesharing program operated by LYNX. Current transit and ridesharing information shall be prominently displayed in all public gathering areas, in employment centers and in commercial center areas. F.The following provisions will be required of the Developer: 1) Appropriate signage and sufficient area lighting at all bus stops and shelter locations. 2) Transit schedule and information displays will be provided, at a minimum, at each on-site bus stop. 3) Maintenance of transit amenities shall be the responsibility of the property owner or the property owner’s association. 4) Details, standards, and phasing of all transit amenity provisions must be approved by LYNX. 5) Pedestrian movement between bus stops shall not exceed 1,300 feet.

50. Board of County Commissioners DRC Conditions of Approval Cont’d. G. In order to minimize the impacts to the roadway network, parcels within the Project shall, subject to environmental constraints, be interconnected to adjacent developments to the maximum extent feasible as determined by the County. This access is for ease of movement and maintenance of International Drive traffic capacity and specifically is not intended to provide a primary means of ingress and egress to any other property. Any adjacent development must have separate means of ingress/egress to Orange County standards. The Developer shall cooperate with any County supported efforts to continue roadways from or through the site with other roadway facilities that are hereafter endorsed by Orange County. H. Prior to approval of a PSP/DP, a habitat survey dated within the previous twelve (12) months will be required. If any wildlife or plants listed as threatened, endangered, or species of special concern are found on site, a management plan and proper permits shall be approved by the appropriate regulatory agency (USFWS/FFWCC) and submitted to the Orange County Environmental Protection Division.

51. Board of County Commissioners DRC Conditions of Approval Cont’d. I. The Developer shall agree to utilize reclaimed water for landscape and green area irrigation if it is available. J. To minimize dependence on ground irrigation and to promote retention of wildlife habitat, xeriscape principles of landscaping using native vegetation (see xeriscape plant guide published by the South Florida Water Management District) shall be utilized in areas not subject to reclaimed water irrigation. Ecologically viable portions of natural upland plant communities shall be preserved and maintained in their original state to the greatest practicable extent. K. To meet the non-potable water use demands, the development shall use, in order of priority: (a) all treated wastewater made available to the site; (b) treated stormwater, and; (c) non-potable quality groundwater unless prohibited by the Florida Department of Environmental Protection or the South Florida Water Management District. L. For the purpose of potable water conservation, the project shall utilize low water use plumbing fixtures, self-closing and/or metered water faucets, and/or other water conserving devices.

52. Board of County Commissioners DRC Conditions of Approval Cont’d. M. Access rights along International Drive shall be dedicated to Orange County, except at approved locations. N. Left turn lanes shall be provided along International Drive at the median openings. O.The stormwater management system shall be designed to comply with the Orange County Code and the requirements of the South Florida Water Management District. P. The Developer shall establish and implement an inspection and maintenance program for all components of the surface water management system for the project site, to include schedules for the performance of: (a) Stormwater facility operating inspection on a regular basis (e.g., quarterly) and following major rainfall event (e.g. ½ inch of rainfall) for the removal of excessive sediment, debris, or other flow obstructions; (b) routine maintenance activities (e.g., mowing, trash removal, etc); (c) ongoing education programs for maintenance staff personnel regarding the correct usage of application rates for fertilizers and chemicals (e.g., herbicides near the stormwater management facilities), the removal of noxious weeds and retention of desirable aquatic

53. Board of County Commissioners DRC Conditions of Approval Cont’d. vegetation, and correct procedures for other maintenance/landscaping related activities which have the potential for adversely affecting surface or groundwater quality conditions on the project site. Q.The Developer will incorporate additional water quality treatment and/or water management methods into the project’s surface water management system to correct or mitigate any degradation if the measures implemented by the Developer are found to be ineffective or adversely impacting water quality/quantity conditions on or downstream of the project site. R.The Developer shall ensure that if a property owners’ association is proposed to assume operation and maintenance responsibilities for the surface water management system, then the proposed property owners’ association shall be created with defined duties and responsibilities regarding the operation and maintenance of the surface water management system. The property owners’ association shall have sufficient legal authority and power to establish the mandatory collection of fees and/or assessments from all property owners for use in financing the operation and replacement and maintenance of property’s surface water management system.

54. Board of County Commissioners DRC Conditions of Approval Cont’d. S. The Development Guidelines of the International Drive Activity Center shall apply to the subject property for future development. Existing development on Parcels 1 and 2 shall not be required to meet the current International Drive standards for paving setback and parking orientation. T. To ensure consistency with the International Drive Activity Center Plan and the Comprehensive Plan, if the housing linkage program is in place prior to development plan approval, development shall be conditioned upon the development of residential units within the area designated as Activity Center Residential on the Future Land Use Map unless a developer’s agreement addressing housing linkage is executed. U.Parcel owners shall be required to participate in a property owners’ association upon its creation. V.The property is located within the International Drive Activity Center as adopted in the Orange County Comprehensive Plan and, as such, development on the property shall be subject to:

55. Board of County Commissioners DRC Conditions of Approval Cont’d. 1) A funding mechanism, such as but not limited to an MSTU(s) and/or MSBU(s), for financing underground utilities and lighting along major roads, including International Drive; 2) A funding mechanism, such as but not limited to an MSTU(s) and/or MSBU(s), for financing maintenance of landscaping on public right-of- way, including International Drive. W.A twenty (20) foot wide pedestrian/landscape/utility easement and a fifteen (15) foot wide transit easement, for a total of thirty-five (35) feet, shall be included in the development plan as specified by the International Drive Activity Center Plan, along both sides of International Drive (with the transit easement closest to International Drive). X.Sidewalks shall be a minimum of ten (10) feet wide along all major roads. Y.Electrical distribution lines shall be underground. Z.Fire flow shall meet Orange County standards.

56. Board of County Commissioners DRC Conditions of Approval Cont’d. AA. The following Trip Equivalency Matrix, included on the PD Land Use Plan, may be utilized for the exchange of commercial square footage, hotel/motel units, or timeshare units from one approved land use to another in accordance with the formulas or exchange rates contained in the Equivalency Matrix. The exchange rates and formulas contained in the Equivalency Matrix ensure that the total traffic impacts of the PD will remain unchanged or below the maximum impacts approved. Hotel (1 Room) Timeshare (1 Unit) Tourist Commercial (KSF) ADT Rate Hotel (1 Room) N/A0.8412018.92 Timeshare (1 Unit) 1.18N/A2.3810.56 Tourist Commercial (KSF) 4.974.20N/A44.32

57. Board of County Commissioners DRC Conditions of Approval Cont’d. BB. Total trips shall not exceed 32,628 vested average daily trips. 13. 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.

58. Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to thirteen (13) conditions.

59. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Plan and approve the Nadeen Tanmore II PD Land Use Plan dated “Received September 23, 2010,” subject to the thirteen (13) conditions as stated in the Planning and Zoning Recommendations of the staff report.

60. Board of County Commissioners PUBLIC HEARING