Orange County BCC Public Hearing Case LUP16 01

Orange County BCC Public Hearing Case # LUP-16 -01 -002 The Grow PD-RP and Appeal September 20, 2016

Today’s Hearing § Introduction by Staff § Appellant Presentation § Applicant Presentation § Public Comment § Rebuttal § Board Discussion and Action

Public Hearing on July 12, 2016 § Adopted 2015 -2 -P-FLUE-1 – Privately initiated – Lake Pickett Study Area Policies & Map § Adopted 2015 -2 -A-5 -1 – The Grow Future Land Use Map Amendment § Continued LUP-16 -01 -002 to September 20, 2016 at 2: 00 pm – The Grow PD-RP Rezoning – Appeal of PZC’s recommendation

Amendment 2015 -2 -P-FLUE-1 § Text amendments to Future Land Use Element, Potable Water Element, Wastewater Element, and Intergovernmental Coordination Element. § Also establishment of Map 22 of the Future Land Use Map Series depicting the Lake Pickett Study Area.

Amendment 2015 -2 -A-5 -1 Agent: Dwight Saathoff, Project Finance and Development Owners: New Ideas, Inc. ; Banksville of Florida, Inc. ; Robert Lopez Trust; and Nivesa of Florida Request: Rural 1/10 (R) to Lake Pickett (LP) (a proposed new Future Land Use Map designation) Acreage: 1, 187. 5 gross / 835 net developable acres 2, 078 dwelling units; 172, 000 sq. ft. of non-residential uses; Proposed 292. 3 acres of open space (including agriculture, equestrian Use: uses, and bike paths/trails); a 20 -acre community park; a 13 acre elementary school; and a 3 -acre utility tract.

Proposed Future Land Use

LUP-16 -01 -002 Project Summary § 1, 187. 5 gross acres § 833. 7 net developable acres § 2, 078 units / 2. 49 net density § 172, 000 sq. ft. non-residential Project Features § 292. 3 -acre open space system v 33 -acres of agricultural uses including working farm, community gardens, and equestrian facility § 12+ miles of multi-use paths § 20 -acre community park § 13 -acre elementary school § 3 -acre utility tract

LUP-16 -01 -002 (Revised) Project Summary § 1, 187. 5 gross acres § 833. 7 net developable acres § 2, 078 units / 2. 49 net density § 172, 000 sq. ft. non-residential Project Features § 292. 3 -acre open space system v 33 -acres of agricultural uses including working farm, community gardens, and equestrian facility § 12+ miles of multi-use paths § 20 -acre community park § 13 -acre elementary school § 3 -acre utility tract Insert Revised PD-RP

Petition Formal Administrative Hearing § Appeal filed with Division of Administrative Hearings on August 11, 2016 – Amendment 2015 -2 -P-FLUE-1 – Amendment 2015 -2 -A-5 -1 § Impact on LUP-16 -01 -002 – The rezoning can’t become effective unless and until the comprehensive plan amendments are upheld

Today’s Hearing § If Board Action is to DENY the appeal of the PZC Recommendation and APPROVE LUP-16 -01 -002 – Approve with Conditions as may be amended – Approve Consent Agenda D. 1. (APF Agreement) – Approve Consent Agenda D. 4 (Road Network Agreement) with changes

Orange County BCC Applicant Presentation, Appeal, & Public Comment September 20, 2016

Rezoning LUP-16 -01 -002 The Grow April 21, 2016 PZC Recommendation: Approve Action Requested § Uphold the recommendation of PZC and DENY the appeal § Make a finding of consistency with the Comprehensive Plan and APPROVE The Grow Planned Development Regulating Plan (PD-RP), subject to the conditions in the staff report as revised today, and allowing staff to correct scriveners and grammatical errors.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval: 1. Development shall conform to The Grow Planned Development / Regulating Plan (PD/RP) dated "Received April 14 September 19, 2016, " (hereinafter, “Regulating Plan”, “Planned Development / Regulating Plan”, or “PD/RP”) 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/RP mayshall be developed in accordance with the uses, densities, and intensities described in such Regulating Plan. PD/RP, 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, 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. 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 and the Planned Development / Regulating Plan (PD/RP) dated "Received April 14, 2016, " the condition of approval shall control to the extent of such conflict or inconsistency.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 4. Developer / Applicant has a continuing obligation and responsibility from the date of approval of this regulating. Regulating plan. Plan to promptly disclose … 5. … Any encumbrances that are discovered after approval of athe PD/RP Land Use Plan shall be the responsibility of Owner / Developer to release and relocate, at no cost to County, …

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 19. As proof of satisfaction of the project’s transportation concurrency obligations, the project must comply with that certain ROAD NETWORK AND MITIGATION AGREEMENT (The Grow (a/k/a Lake Pickett South) regarding S. R. 50 (FDOT Project No. 239203 -7) and Chuluota Road, which. Agreement was approved by the Board of County Commissioners on September 20, 2016, and recorded at O. R. Book ______, Page _____, Public Records of Orange County, Florida. The developer must provide a valid Assignment of Vested Trips document together with the applicable Confirmation Letter issued by Orange County, concurrently with or prior to plat approval. In addition, any Development Plan must show a legend with trip allocations by parcel identification number and phase of the development.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 25. Any park impact fee credits granted for the dedication of the APF Park shall be available for use as credits against park impact fees assessed for development within The Grow only. 26. A public access roadway to the APF Park from SR 50, including appurtenances and county utility facilities, must be (i) constructed, (ii) inspected and approved by the county, and (iii) opened to traffic, all at no cost to the county, no later than 18 months after notice from the County regarding its commitment to construct the APF Park. Such notice shall not be sent from the County prior to satisfaction of the “Owner’s Initial Payment” as defined in the Road Network and Mitigation Agreement, as may be amended. Failure to timely provide such public access roadway will result in the County’s refusal to issue certificates of occupancy for any projects within The Grow until this condition has been fully satisfied.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 27. With the exception of lots within the area identified on the Regulating Plan as T 2 -1 and lots having direct access to SR 50, no residential certificates of occupancy shall be issued for units which do not have vehicular access through the development to SR 50. 28. Roundabouts shown along Lake Pickett Road are only preliminary in design and are not the responsibility of The Grow. The design and engineering for these roundabouts will be determined at such time that improvements to Lake Pickett Road or Lake Pickett Road access are being permitted. Design work shall include rural design features where appropriate consistent with applicable safety requirements. 29. The roundabout along South Tanner Road shall be constructed by The Grow as part of the first construction plan for The Grow. If for some reason the roundabout cannot be located within the existing right-of-way or does not meet engineering standards, alternative traffic calming measures of generally equivalent value may be provided, subject to County approval. 30. Construction traffic shall not utilize North Tanner Road.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 31. Any HOA covenants, conditions and restrictions must be compliant with F. S. Ch. 373. 185 which establishes that an HOA cannot prohibit homeowners from using Florida friendly landscaping. 32. The project shall incorporate design templates using UF/IFAS manuals and plant lists for residential, commercial and common areas that incorporate the following Florida Friendly Landscaping principles including right plant, right place, water efficiently, fertilize appropriately, mulch, attract wildlife, manage yard pests responsibly, recycle, reduce stormwater runoff, and protect the waterfront (UF/IFAS 2009). 33. The project shall meet the standards of or achieve Florida Water Star certification, including but not limited to the use of reclaimed water for irrigation (after reclaimed water is extended to, and ready for use at, the project), smart water sensors, and central control systems for common areas.

Rezoning LUP-16 -01 -002 The Grow § Conditions of Approval (cont. ): 34. Sod will be limited to the ‘drought tolerant’ grasses such as bahia or zoysia; no more than 60% of yards shall be sodded; and in common areas (e. g. retention ponds, buffers, etc. ), sod may be limited to bahia. 35. Approval of The Grow PD-RP is contingent upon the amendments to the Orange County Comprehensive Plan adopted by 2015 -2 -P-FLUE-1 and 2015 -2 -A-5 -1 becoming effective in accordance with Sections 163. 3184(3)(c)4. and (12), Florida Statutes.

Rezoning LUP-16 -01 -002 The Grow April 21, 2016 PZC Recommendation: Approve Action Requested § Uphold the recommendation of PZC and DENY the appeal § Make a finding of consistency with the Comprehensive Plan and APPROVE The Grow Planned Development Regulating Plan (PD-RP), subject to the conditions in the staff report as revised today, and allowing staff to correct scriveners and grammatical errors.

Rezoning LUP-16 -01 -002 The Grow Action Requested § Approve Consent Agenda D. 1. (APF Agreement) § Approve Consent Agenda D. 4 (Road Network Agreement) with changes – Reduction in total mitigation amount from $28 million to $26 million (page 10, 11) – Trip thresholds (page 12) – Owner address (page 17) – Development program reduction (Exhibit “C”) – Trip allocation by owner (Exhibit “E”)