Board of County Commissioners PUBLIC HEARING December 2

Board of County Commissioners PUBLIC HEARING December 2, 2008

Board of County Commissioners District #: 6 Case #: RZ-08 -05 -032 Applicant: Steve Blanton for The Villages at Lake Lawne PD Request: R-1 A (Single-Family Dwelling District), R-3 (Multiple-Family Dwelling District), C-1 (Retail Commercial District), and C-3 ( Wholesale Commercial District) to PD (Planned Development District) Proposed Use: Residential – Up to 236 multi-family (apartment) units

Board of County Commissioners RZ-08 -05 -032 Zoning Map

Board of County Commissioners RZ-08 -05 -032 Future Land Use Map

Board of County Commissioners The Villages at Lake Lawne Land Use Plan

Board of County Commissioners DRC Recommendation v Make a finding of consistency with the Comprehensive Policy Plan and Approve the PD zoning subject to the following conditions:

Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Villages at Lake Lawne PD Land Use Plan dated “Received September 17, 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 September 17, 2008, " the condition of approval shall control to the extent of such conflict or inconsistency.

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.

Board of County Commissioners DRC Conditions of Approval Cont’d. 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 wastewater service from Orange County Utilities. 5. Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with removal/mitigation plans, have been approved by Orange County. 6. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31. 5. 7. There shall be no multi-family units constructed on any portion of this site with a future land use (FLU) designation of Commercial.

Board of County Commissioners DRC Conditions of Approval Cont’d. 8. The following Education Condition shall apply: The Orange County School Board staff has notified Orange County that the applicant has applied for a School Enhancement/Concurrency Determination with Orange County Public Schools (OCPS) under the rules that became effective on September 16, 2008. According to OCPS, a Capacity Enhancement or Mitigation Agreement is not necessary at this time for this proposed development. Capacity is encumbered for this project until March 21, 2009 per the binding analysis conducted by OCPS dated September 22, 2008. In the event the applicant does not officially reserve school capacity by March 21, 2009, the current capacity determination expires, and the project must resubmit for a capacity enhancement/concurrency determination. If school capacity is not officially reserved prior to the submittal of the first Preliminary Subdivision and/or Development Plan or the capacity reservation expires, the applicant shall return to the Orange County Development Review Committee (DRC) for a change determination hearing for this Land Use Plan.

Board of County Commissioners DRC Conditions of Approval Cont’d. 9. This development is an Urban Infill Project and is providing for a variety of housing types. The following waivers are granted: • A waiver from Section 258(a) and (b) is granted to allow 3 stories within 50 feet of single-family residential in lieu of the 100/150 -foot requirement. • A waiver from Section 38 -1254(3) is granted to allow a building separation of 20 feet in lieu of the required 40 -feet for 3 -story buildings. • A waiver from Section 38 -1258(e) is granted to allow parking/paving 10 feet from property line when abutting single-family in lieu of the 25 -foot requirement.

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

Board of County Commissioners Action Requested v. Find the request consistent with the Comprehensive Policy Plan and approve the Villages at Lake Lawne PD Land Use Plan dated “Received September 17, 2008, ” subject to the nine (9) conditions as stated in the Planning and Zoning Recommendations of the staff report.

Board of County Commissioners PUBLIC HEARING