Justification Statement for Proposed Amendment to Sub-Area Policy S.39.4 Beltway Commerce Center CD 93, Ltd., a Florida limited partnership (the Applicant ) This amendment to Growth Management Plan ( GMP ) Sub-Area Policy S.39.4 is requested in conjunction with the Application for Amendment to the Orlando Growth Management Plan Future Land Use Map for the Beltway Commerce Center PD Property located both east and west of State Road 417 and north and south of LeeVista Boulevard in east Orange County (the PD Property ). An application to amend the Beltway Commerce Center PD is also being submitted simultaneously. The Sub-Area Policy S.39.4 was amended on or about March 25, 2013, to allow up to 209 multi-family residential units as a means of spurring growth in the immediate vicinity and in the surrounding area. The multi-family residential housing market is very strong, and there is significant market demand for additional multi-family units within the PD Property. An increase of multi-family housing units within the PD Property will support the City s growth objectives for the area and will be consistent and compatible with the other approved uses within the PD Property. Any increase in multi-family units above the previously approved 290 units will require a simultaneous decrease of the approved non-residential uses in accordance with the Beltway Commerce Center land use and trip conversion matrix included in the PD Ordinance. The proposed changes to Sub-Area Policy S.39.4 follow: 0027994\164978\1766758\4
Proposed Amendments to Sub-Area Policy S.39.4 Underlining denotes proposed additions to the existing text. Policy S.39.4 Development intensity/density on the subject property shall be limited as set forth in the Beltway Commerce Center PD Ordinance. Development on the subject site shall not exceed 550,000 square feet of office space, 1,750,000 square feet of industrial/warehouse space and 500,000 square feet of commercial/retail space and 290 multi-family dwelling units or an equivalent mixture of uses, including hotels, and churches, and up to an additional 310 multi-family dwelling units, consistent with an approved land use/trip equivalency matrix. If neighborhood parks are not available at the time of residential development, the Neighborhood Park Level of Service Standard must be met on site. In no event shall the overall intensity/density of development exceed the maximum amount approved in the Beltway Commerce Center PD Ordinance, unless the PD Ordinance and this Subarea Policy are further amended to reflect the proposed increase in intensity or density. If a substantial change to the development program is proposed, additional review of the affected Growth Management Plan elements, including the Capital Improvements Element, may be required. (Amended October 29, 2007, Effective February 5, 2008, Doc. No. 0710291003, Amended July 13, 2009, Effective August 13, 2009, Doc. No. 0907131103, Amended February 25, 2013, Effective March 25, 2013, Doc. No. 1302251202) 0027994\164978\1766758\4-2 -
AN ORDINANCE OF THE CITY OF ORLANDO, FLORIDA, FURTHER AMENDING AND RESTATING THE PD ZONING ORDINANCE TO CERTAIN PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF LEE VISTA BOULEVARD AND EAST AND WEST OF THE CENTRAL FLORIDA GREENEWAY; PROVIDING CONDITIONS OF THE PD ZONING DISTRICT; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Beltway Commerce Center CD93, Ltd. (the Developer ) is the Developer of approximately 513.980 acres of real property generally located at the intersection of the Central Florida Greeneway (S.R. 417) and Lee Vista Boulevard, as more particularly described in EXHIBIT A, attached hereto and incorporated herein (the Property ); and WHEREAS, on November 26, 1991, Orange County (the County ) approved the Development Order for Beltway Commerce Center Development of Regional Impact regarding the Property (O.R. Book 4366, Page 3658); and WHEREAS, on August 18, 1992, the County adopted an Amended Development Order for Beltway Commerce Center Development of Regional Impact regarding the Property (O.R. Book 4455, Page 1982); and WHEREAS, on February 17, 1998, the County adopted another Amended Development Order for Beltway Commerce Center Development of Regional Impact regarding the Property (O.R. Book 5426, Page 1474); and WHEREAS, on or about July 27, 1998, that portion of the Property generally located west of S.R. 417 and consisting of approximately 61.589 acres, as more particularly described in EXHIBIT B-1, attached hereto and incorporated herein (the West Property ) was annexed into the City and assigned a PD zoning designation; and WHEREAS, on August 2, 2005, the County adopted an Addendum #1 to the Amended Development Order (Approved February 17, 1998) for Beltway Commerce Center Development - 1 -
of Regional Impact (the DRI Addendum ) regarding the Property (O.R. Book 8109, Page 2777); and WHEREAS, on or about January 11, 2007, that portion of the Property lying east of S.R. 417 and consisting of approximately 452.391 acres, as more particularly described in EXHIBIT B-2, attached hereto and incorporated herein (the East Property ), was annexed into the City; and WHEREAS, on October 29, 2007, the City adopted the First Amended and Restated Development Order for Beltway Commerce Center Development of Regional Impact regarding the Property (the DRI ); and WHEREAS, the City annexed the East Property in consideration of the terms and conditions of that certain Developer s Agreement recorded among the Public Records of Orange County, Florida at Official Records Book 9050, Page 4510 (the Developer s Agreement ); and WHEREAS, the Property is vested in the City s Transportation Concurrency System, subject to the terms of that certain Vista East Properties Annexation and Developers Agreement dated July 27, 1998, and recorded among the Public Records of Orange County, Florida, at Official Records Book 5540, Pages 3647-3807 (the Annexation Agreement ), which was subsequently amended by that certain First Amendment dated March 22, 1999, and recorded among the Public Records of Orange County, Florida, at Official Records Book 5713, Pages 2433-2443 (the First Amendment ); that certain Second Amendment dated March 22, 1999, and recorded among the Public Records of Orange County, Florida, at Official Records Book 5713, Pages 2444-2461 (the Second Amendment ); that certain Third Amendment dated March 24, 1999, and recorded among the Public Records of Orange County, Florida, at Official Records Book 5713, Pages 2462-2477 (the Third Amendment ); that certain Fourth Amendment dated April 8, 1999, and recorded among the Public Records of Orange County, Florida, at Official - 2 -
Records Book 5724, Pages 3818-3830 (the Fourth Amendment ) and by that certain Fifth Amendment dated May 10, 1999 and recorded among the Public Records of Orange County, Florida, at Official Records Book 5788, Pages 901-913 (the Fifth Amendment ) (the Annexation Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are collectively referred to herein as the Vista East Annexation Agreement ). Pursuant to the Vista East Annexation Agreement, the Property is vested for 31,938 Trips in the City s Transportation Concurrency System which equates to 38,941 average daily trips (ADT s); and WHEREAS, the Property is divided into the following phases of development based upon net external average daily trip generation: Per Phase Cumulative Phase I 10,000 ADT s 10,000 ADT s Phase II 10,000 ADT s 20,000 ADT s Phase III 10,000 ADT s 30,000 ADT s Phase IV 7,405 ADT s 37,405 ADT s WHEREAS, on April 23, 2007, the Orlando City Council approved that certain major subdivision plat bearing Case Number SUB2007-00019 pursuant to which the Developer dedicated right-of-way to extend Lee Vista Boulevard from its current terminus east of S.R. 417 to Young Pine Road as depicted on the Master Plan (the Lee Vista Boulevard Extension ); and WHEREAS, on May 7, 2007, the Orlando City Council approved a certain Master Plan bearing Case Number MPL2007-00003 to allow 667,424 square feet ( SF ) of industrial warehouse on a 73.65 acre site in the East Property; and WHEREAS, on October 29, 2007, City Council approved an Ordinance assigning the Urban Activity Center, Industrial and Conservation Future Land Use Map Designations to the - 3 -
East Property, as well as creation of Subarea Policy S.39.4, regarding land uses allowed on the East Property; and WHEREAS, at its regularly scheduled meeting of August 21, 2007, the Municipal Planning Board (the MPB ), recommended to City Council approval of land use application ZON2006-00060 regarding assignment of a PD zoning designation to the East Property; and WHEREAS, on November 12, 2007, the City Council adopted an Ordinance assigning PD/AN and PD zoning designations on the East Property and approved a Master Plan in connection therewith; and WHEREAS, the Property is located within the Formerly Used Defense Site known as the Former Pinecastle Jeep Range. A Qualitative Reconnaissance and Munitions Constituents Sampling Report, dated October 12, 2006 and a Site Inspection Report, dated June 13, 2007 prepared for the Army Corps of Engineers, (collectively, the Reports ) have been prepared in regard to the Property. The Reports conclude that, during the qualitative reconnaissance portion of the investigations, there were no identified munitions and explosives, explosives of concern, or munitions debris located on the Property; and WHEREAS, on September 24, 2007, a revised map issued by the Army Corps of Engineers excluded the Property from the Bomb Target Area of the Former Pinecastle Jeep Range. WHEREAS, on June 29, 2010, the Developer submitted a Request to Rescind the Beltway Commerce Center DRI Development Order, which included documentation of completion of the environmental mitigation for the portion of the Project that has been developed. No additional mitigation was required prior to rescission of the DRI Development Order; and - 4 -
WHEREAS, on February 25, 2013, the City approved an Order Rescinding the Beltway Commerce Center DRI Development Order, and at the same City Council hearing, hereby found finds and declared declares that this Ordinance supersedes the terms and conditions of the Developer s Agreement and sets forth the rights and obligations governing the Project. And WHEREAS, on, 2015, the City approved this further Amended and Restated PD Ordinance for the Beltway Commerce Center. NOW, THEREFORE, IT IS ENACTED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, AS FOLLOWS: SECTION ONE: ZONING. After due notice and public hearing, the zoning designation for the West Property described in EXHIBIT B-1 is hereby established as a PD/AN (Planned Development with the Airport Noise Overlay) District, and the East Property described in EXHIBIT B-2 is hereby established as a PD (Planned Development) and PD/AN (Planned Development with the Airport Noise Overlay) District. SECTION TWO: CONDITIONS OF THE PLANNED DEVELOPMENT. The PD/AN zoning district for the West Property establishes this area exclusively as Wetlands Conservation in accordance with the Master Plan attached hereto as EXHIBIT C and incorporated herein. The PD/AN and the PD zoning district for the East Property is subject to the following conditions: A. General Development. 1) Development shall consist of the following, unless the equivalency matrix conversion factors attached hereto as EXHIBIT D are used to alter this development program: Commercial/Retail* Office Industrial/Warehouse Multi-family Residential 500,000 SF 550,000 SF 1,750,000 SF 290 Dwelling Units** - 5 -
Hotels Churches Per Equivalency Matrix Per Equivalency Matrix *(Commercial/Retail shall include big box retail; Industrial/Warehouse shall include office/warehouse, warehouse and flex space uses; Multi-family Residential specifically addresses apartments.) B. General Development. 1) Development shall consist of the following, unless the equivalency matrix conversion factors attached hereto as EXHIBIT D are used to alter this development program: Commercial/Retail* Office Industrial/Warehouse Multi-family Residential Hotels Churches 500,000 SF 550,000 SF 1,750,000 SF 290 Dwelling Units** Per Equivalency Matrix Per Equivalency Matrix *(Commercial/Retail shall include big box retail; Industrial/Warehouse shall include office/warehouse, warehouse and flex space uses; Multi-family Residential specifically addresses apartments.) **Up to an additional 310 Multi-family Residential units may be developed through use of the Equivalency Matrix attached as EXHIBIT D to convert non-residential square footage into the number of the additional units that will not create additional transportation impacts. 2) Based on ITE Trip Generation, 8th ed. rates, five percent (5%) internal capture for all land uses as stipulated in the Vista East Annexation Agreement, and ten percent (10%) passby trips for Commercial uses, the development program above equates to 37,405 ADT. An exchange of the approved land uses may be requested of the City by using the equivalency matrix conversion factors attached hereto as EXHIBIT D. 3) Based on ITE Trip Generation, 8th ed. rates, five percent (5%) internal capture for all land uses as stipulated in the Vista East Annexation Agreement, and ten percent (10%) passby trips for Commercial uses, the development program above equates to 37,405 ADT. An exchange of the approved land uses may be requested of the City by using the equivalency matrix conversion factors attached hereto as EXHIBIT D. - 6 -
4) Exchanges shall not allow land uses to be traded between phases or to parcels that are not authorized by the City s Growth Management Plan to have the proposed use. Additionally, the change must address changes to potable water usage and identify if the potable water capacity and allocation under the applicable consumptive use permit are available. 5) Prohibited uses: The following uses shall be prohibited on the property: a) Adult entertainment establishments b) Private bottle clubs c) Portable signs d) New or used mobile home sales. 6) Development of the East Property shall be in accordance with the Master Plan attached hereto as EXHIBIT C, and incorporated herein. 7) The Planning Official, or his designee, shall be authorized to permit minor changes, such as the location of fences, walls, sidewalks, and signage, and landscaping requirements, to the Master Plan in conformance with the intent and purpose of the GMP and City Code without further review by the MPB or City Council. Such changes shall not exceed the maximum standards of the GMP and LDC. 8) Specific site development shall be subject to review and approval through the Specific Parcel Master Plan ( SPMP ) process. Specific Parcel Master Plans are subject to review and approval for compliance with the Orlando City Code by the Municipal Planning Board and the Orlando City Council prior to issuance of any building permit for the respective parcel. The property must be developed and maintained in accordance with the respective approved Specific Parcel Master Plan. 9) The Beltway Commerce Center may be developed in multiple phases but if developed in multiple phases, each phase must be developed in a manner that allows the - 7 -
individual phases to function independently of one another and to individually meet the requirements of the Orlando City Code. The purpose of this requirement is to ensure that each phase can fully function and operate as intended by the Master Plan in the event that subsequent phases are delayed or abandoned. 10) All landscaping, lighting and fencing must be consistent with generally accepted Crime Prevention Through Environmental Design (CPTED) principles and the Land Development Code. Walls may not be made of painted concrete block but may be decoratively finished with stucco or split face concrete. Any chain link fences must be 6-gauge, black vinyl clad with top and bottom rails. 11) Before obtaining any construction permits, the Developer will be required to submit approved permits from the Florida Fish and Wildlife Conservation Commission to address the presence of onsite Gopher Tortoises, if any are determined to be present on a development parcel. 12) Signage in Site A-2 will follow O-3 sign standards. 13) For any requirements not specifically addressed in this Ordinance, the uses and regulations of the AC-2 (Urban Activity) zoning district shall apply to a Site A-1 and Site B, as depicted on the Master Plan. 14) For any requirements not specifically addressed in this Ordinance, the uses and regulations of the O-2 (Office Medium Intensity) zoning district shall apply to that portion of Site A-2 as depicted on the Master Plan. 15) For any requirements not specifically addressed in this Ordinance, the uses and regulations of the IP (Industrial Park) zoning district shall apply to Sites C, D, E, F, G, and H-1-3, as depicted on the Master Plan. - 8 -
16) For any requirements not specifically addressed in this Ordinance, the uses and regulations of the C (Conservation) zoning district shall apply to the wetland conservation area(s), as depicted on the Master Plan. 17) Permitted uses specifically include commercial (including big box retail uses) on Site B; office uses on Sites A-1, A-2, B, C, D, E, F, G, and H-1-3; industrial uses (including, office/warehouse, warehouse and flex space uses) on Sites B, C, D, E, F, G, and H-1-3; and multi-family residential uses on Site A-2 as depicted on the Master Plan; provided that such uses will not be permitted in the wetland conservation areas. 18) Churches and hotels shall be permitted uses on any site within the East Property, except the wetland conservation areas, using a conversation factor based upon trip generation, as permitted by applicable law. 19) Development in Parcels A and B should be compact and walkable with streets laid out as an interconnected network, forming coherent blocks where building entrances front the street rather than parking lots. Additionally there should be provisions for bicycle/pedestrian connections as necessary to directly connect to nearby uses. 20) In Parcels A and B all non-industrial buildings should address the street, be designed at a pedestrian scale and provide a minimum of 15 percent (15%) transparency on the street facing facades. 21) Open spaces, such as parks, playgrounds, squares, and greenbelts shall be located at accessible locations throughout the residential portion of the development. Parks should be the focus for public activity. They should be convenient and comfortable for walking, and development should front and be focused active open spaces. To be consistent with the City s Park s Level of Service (LOS) standards, at the time of residential development, the Developer shall be required to convey 0.44 acres of neighborhood parkland at no cost to the City. The fair - 9 -
market value of this parkland dedication shall be credited against park impact fees, if any are assessed by the City. 22) Except for industrial buildings and structures, a maximum one bay of parking (two-way aisle with 90-degree parking spaces, parking spaces on both sides) shall be located between the landscape buffer and the principal building. 23) A minimum 10-foot-wide landscape buffer shall be located between the parking lot and the right-of-way. The landscape buffer shall consist of the following plant materials: a. 12 to 14-foot-high canopy trees planted 40 to 50 feet on center. b. 6 to 8-foot-high understory trees spaced evenly between the canopy trees. c. 3-foot-high continuous shrub row, 3 gallons, planted 36 inches on center. d. 8 to 12-inch-high groundcover, 1 to 3 gallons, planted 12 to 24 inches on center. 24) Signs shall be ground-mounted, with a maximum of ten (10) feet in height. 25) Office/administration buildings shall contain a minimum thirty percent (30%) transparency facing a parking lot and at least one primary public entrance oriented to the street. C. Transportation Provisions. 1) In the interest of safety, and to promote alternative forms of transportation, the Developer, shall construct a system of bikeways providing for the needs of both experienced (on road) and novice (off road) cyclists during all new roadway construction and/or resurfacing projects. When possible, on-site bicycle systems shall be connected into off-site bicycle systems. Construction standards shall conform to latest State and City criteria. 2) Bicycle support facilities, including bicycle parking, shall be made available at all commercial, office and multi-family buildings in accordance with City Code and the Engineering Standards Manual in effect at the time of construction. - 10 -
3) The Developer shall reserve a one-acre site on the retail parcel, Site B (in proximity to SR 417), at no cost to any governmental agency, for use by the Orlando/Orange County Expressway Authority, FDOT, LYNX, successor agencies or other applicable masstransit providers for the operation of a park and ride lot. The Developer shall identify the location of this lot at the time of Specific Parcel Master Plan ( SPMP ) submittal for the retail parcel. 4) The Developer has previously dedicated to the City via plat, which is recorded at Plat Book 71, Page 13, in the Public Records of Orange County, Florida, sufficient right-of-way to extend Lee Vista Boulevard from its existing terminus to Young Pine Road as generally depicted on EXHIBIT E attached hereto and incorporated herein by this reference. The City hereby recognizes that the Developer has constructed that portion of Lee Vista Boulevard as generally depicted on EXHIBIT F attached hereto and incorporated herein by this reference, and the Developer shall be permitted to proceed with development of Phase I of the Project without constructing any additional transportation improvements. The Developer may commence construction of the remaining portion of the Lee Vista Boulevard extension as generally depicted on EXHIBIT E at any time. The City shall be responsible for the operation and maintenance of any segment of Lee Vista Boulevard constructed by the Developer, including irrigation and landscaped areas located within the right-of-way, following issuance of a certificate of completion for the road improvements and conveyance to the City of the road improvements. The Developer shall have the right but not the obligation to supplement the City s maintenance of the landscaped areas located within the right-of-way. 5) The Developer shall construct improvements to Lee Vista Boulevard in accordance with above Paragraph 4. In connection with the improvements to Lee Vista Boulevard, the Developer shall receive transportation impact fee credits (the Credits ) - 11 -
consisting of the Right-of-Way Credits, the Design Credits, the Stormwater Pond Credits, and the Road Construction Credits, all as herein defined, in accordance with this Paragraph 5. (i) Right-of-Way Dedication. The Developer has previously received transportation impact fee credits for a portion of the dedication of that certain right-of-way for the Lee Vista Boulevard extension as depicted on EXHIBIT E, plus land for stormwater ponds to accommodate the Lee Vista Boulevard extension (hereinafter, the Right-of-Way ). (ii) Design and Permitting. The Developer shall receive Credits for the costs incurred in the design and permitting of the Lee Vista Boulevard extension in excess of seventy (70) feet in width, including forty-one percent (41%) of said costs incurred for the canal crossing, and forty-one percent (41%) of said costs incurred for improvements to the signalized intersection of Young Pine Road and Lee Vista Boulevard, all as generally depicted on EXHIBIT E (hereinafter, the Design Credits ), together with those costs customarily associated with construction plan preparation and permitting (hereinafter the Total Design Costs ). The Design Credits shall be based on the following formula: Design Credits = Total Design Costs X (Right-of-Way Width 70 feet Right-of-Way Width ) In no event shall the creditable Total Design Costs exceed ten percent (10%) of the construction costs for the creditable portion of the Lee Vista Boulevard Extension. The final construction plans for the Lee Vista Boulevard Extension shall be submitted to the City for approval prior to the initiation of construction of the Lee Vista Boulevard Extension. (iii) Stormwater Ponds. The Developer shall receive Credits for the reasonable costs actually incurred in the construction of stormwater ponds to serve the creditable portion of the Lee Vista Boulevard extension in excess of seventy (70) feet in width (hereinafter the - 12 -
Stormwater Pond Credits ). Upon completion of the construction of the Lee Vista Boulevard extension, the Developer shall submit a study by a licensed Florida engineer to the City s Transportation Engineer, detailing the construction costs of the stormwater ponds and containing calculations regarding the portions of the ponds that are entitled to be included in the Stormwater Pond Credits. Within thirty (30) days of the submittal of such study, the City s Transportation Engineer shall notify the Developer of the amount of the Stormwater Pond Credits, which determination is in the City s sole, reasonable discretion. (iv) Road Construction Expenses. The Developer shall receive Credits (hereinafter the Road Construction Credits ) for the reasonable costs actually incurred in the construction of the creditable portions of the Lee Vista Boulevard extension in excess of seventy(70) feet in width and in excess of two (2) lanes, including one-half a road median where applicable, plus forty-one percent (41%) of said costs incurred for the canal crossing and fortyone percent (41%) of said costs for improvements to the signalized intersection of Young Pine Road and Lee Vista Boulevard, all as generally depicted on EXHIBIT E together with those costs listed in EXHIBIT G attached hereto and incorporated herein by this reference (collectively, hereinafter the Total Construction Costs ). The ultimate determination of the amount of the Road Construction Credits for the Lee Vista Boulevard extension is in the sole, reasonable discretion of the City. The Lee Vista Boulevard extension shall be designed and constructed consistent with the City Code and all applicable regulations. 6) An administrative impact fee credit account for the Project (hereinafter the Impact Fee Account ) has previously been established by the City. The Developer has received transportation impact fee credits that were granted pursuant to the Developer s Agreement. These transportation impact fee credits may be freely transferred to the successors and assigns of the Developer but only to be used in connection with the development of this Project. - 13 -
(i) Impact Fee Credit Account Balances. The City and the Developer further agree that the balance in the Impact Fee Account shall be increased and decreased from time to time, based on the Developer s utilization of the particular Credits or the City s allocation of additional Credits, based on the Developer s design, permitting and construction of the Lee Vista Boulevard extension and other transportation improvements as described herein. (ii) Timing of Impact Fee Credit Awards. The parties previously agreed that the Lee Vista Boulevard extension may be constructed in two (2) phases. For purposes of this Agreement, the first phase, which has been constructed, was the extension of Lee Vista Boulevard as generally depicted on EXHIBIT F. The second phase shall be the extension of Lee Vista Boulevard from the cul-de-sac depicted on EXHIBIT E to Young Pine Road. At the point of one hundred percent (100%) of completion of the design for each phase, the Developer, or its designee, shall submit documentation to the City along with a sealed certificate from the Developer s design engineer confirming that 100% of the design is complete. Upon receipt and approval by the City Engineer and City Transportation Engineer of such certification, the City shall issue Design Credits for that remaining portion of the design. At the point of one hundred percent (100%) of completion of the construction for each phase, the Developer, or its designee, shall submit documentation to the City along with a sealed certificate from the Developer s engineer confirming that one hundred percent (100%) of the construction is complete. Upon receipt and approval by the City Engineer and City Transportation Engineer of such certification, the City shall issue Road Construction Credits for the construction. (iii) Deposits to and Accounting of Credit Account. The City shall place said amounts in the Impact Fee Account within thirty (30) days following the City s receipt and acceptance of the applicable documentation submitted by the Developer, or its designee. The Stormwater Pond Credits shall be placed in the Impact Fee Account within thirty (30) days - 14 -
following the City Transportation Engineer s notification(s) to the Developer of the applicable amount(s) of said Credits as described in Paragraph 9(ii). The Developer may request from the City a written accounting of the Credits available in the Impact Fee Account. The City shall provide the Credit information within fifteen (15) business days. 7) The City recognizes that the Developer intends to develop and create a quality mixed-use development offering owners and guests a first-class mixed-use community, and that a component of the Developer s plan will be private internal streets which may include controlled access measures at various locations within portions of the Project. The City acknowledges that such private streets shall be permitted within the Project provided that: (i) (ii) (iii) appropriate access for emergency services is ensured; all private streets are constructed to minimum City standards; and the Developer or a duly formed property owners association complies with all provisions of the City Code regarding private streets. 8) Not later than the issuance of a building permit for the first trip-generating use in Phase II of the Project (or 10,000 daily trips), the Developer shall enter into negotiations with the owner of the Brunetti Property, as that term is defined in the Vista East Annexation Agreement, in an effort to achieve mutually acceptable terms and conditions for a Cross Access Agreement to include a seventy (70) foot wide strip of land owned by the Developer which extends south from Lee Vista Boulevard to the Brunetti Property. 9) The second phase of construction for the Lee Vista Boulevard Extension shall be completed prior to the issuance of a Certificate of Occupancy for any structure which will cause the cumulative trips generated by development of the East Property to exceed 10,000 ADT s. In addition, construction of the entire extension shall be completed prior to the issuance of a Certificate of Occupancy for any development on Site F, G and H-3. - 15 -
10) Not later than the issuance of a building permit for the first trip-generating use in Phase II (or 10,000 daily trips), or the Developer s completion of the Lee Vista Boulevard Extension, a private two-lane road shall be built to public street standards, extending from Lee Vista Boulevard south to the property line (Road B). This road shall provide access to Site A-1 and A-2 and shall also be available as an access to the adjoining property located to the south of the East Property. The Developer shall construct Road B to the point of access to Site A with future road improvements to be the responsibility of the owner of the adjoining property to the south. It is intended that this requirement supersede anything to the contrary in any previous agreements. 11) Nothing set forth herein, nor any SPMP review process, shall preclude the Developer from beginning work on the Lee Vista Boulevard Extension, Road A or Road B and dedicating right-of-way for the Lee Vista Boulevard Extension, Road A or Road B to the City by plat dedication, provided that the City Public Works Department reviews and approves the design for the Lee Vista Boulevard Extension, Road A or Road B, as applicable, and the City accepts such dedication(s). 12) Sidewalks shall be provided on both sides of all public and private streets in accordance with City Code; provided that Road A shall provide a single 10-foot wide sidewalk/bike path on the west and northwest side of the road in lieu of sidewalks on both sides. D. Sewer, Water and Stormwater System Requirements. 1) The Developer obtained a conceptual surface water management system from the SJRWMD. The conditions of the SJRWMD conceptual approval and all other SJRWMD permits or amendments thereto shall be applicable to the Project in lieu of the stormwater management requirements of the Orlando Urban Stormwater Management Manual and the Master Drainage Plan. Notwithstanding the foregoing, the Developer shall use reasonable efforts to design future - 16 -
components of the surface water management system to satisfy the requirements of the Orlando Urban Stormwater Management Manual; provided, however, this obligation shall be inapplicable to the extent compliance with the Orlando Urban Stormwater Management Manual would be inconsistent with the SJRWMD approval or would not be technically or economically feasible. 2) With respect to the jurisdictional wetlands located on the Property and impacted by the Project, the City agrees that the jurisdictional limits of wetlands within the Property and any mitigation for impacts to those wetlands, as determined by the SJRWMD, shall be accepted by the City in any City permitting or development processes. 3) The City shall provide municipal services to the Property consistent with the Territorial Agreements that certain Amended and Restated Water Service Territorial Agreement by and between the Orlando Utilities Commission ( OUC ) and Orange County dated May 4, 1994, and that certain Wastewater Service Territorial Agreement by and between the City and Orange County dated May 4, 1994 (collectively referred to as the Territorial Agreement ). The City shall provide the following municipal services to the Property: police and fire protection, street and storm drainage maintenance, trash and garbage removal, electricity and any other municipal service not required to be provided by the County or OUC pursuant to the Territorial Agreements. 4) The Developer shall obtain water and wastewater services from the County, subject to County Rate Resolutions and Ordinances. Development Plans shall not be approved unless and until wastewater capacity has been obtained and is available. 5) The Developer shall, at its expense, extend water and wastewater mains of adequate size to service the entire Property. 6) The Property s stormwater control system shall be designed not to adversely impact any Orange County Landfill groundwater control systems. - 17 -
7) To ensure that only domestic quality wastewater enters the wastewater treatment system, pre-treatment facilities shall be required in any location within the Property where industrial strength wastewater is to be disposed of in the wastewater treatment system. When onsite pre-treatment fails to meet adequate standards, the Developer shall contract for the removal of industrial strength wastes to properly permitted facilities. 8) The development shall use non-potable groundwater, treated wastewater, or treated stormwater for landscape irrigation and all other non-potable uses unless prohibited by the Florida Department of Environmental Protection ( FDEP ) or the SJRWMD. 9) The proposed surface water management system shall be designed, constructed and operated so as to ensure that the natural functions and hydroperiods of the on-site and offsite wetlands shall not be adversely impacted or diminished. 10) The Developer shall incorporate additional water quality treatment and/or water management methods into the Property s surface drainage system to correct or mitigate any degradation if actions of the Developer are found to adversely impact water quality and/or conditions on and downstream of the Property. 11) Stormwater runoff from roadway crossings through the on-site wetlands shall receive treatment to the same standard as other stormwater runoff on the Property. 12) Swales and berm systems, retention depressions, landscaped areas and other suitable mechanisms shall be employed to the greatest practicable extent in order to provide for treatment and storage of stormwater runoff prior to its discharge into the retention/detention ponds. 13) On-site water and wastewater facilities shall not be permitted. At the time of development, the Developer shall provide storm drainage calculations for the on-site drainage system. - 18 -
14) The stormwater system shall be privately owned and maintained. 15) No building permits shall be issued until a written agreement and a drainage easement are provided to the City regarding any off-site drainage. E. Landscaping. 1) The Developer is required to install the street trees in accordance with City Code on all public and private streets within the East Property, including but not limited to, Road B. In order to provide proper tree protection during construction and to identify measures for conserving the site s trees, before any physical developments commences, the Developer shall consult with the local office of the State Division of Forestry and/or comparable City office. Trees over sixteen (16 ) inches shall be given special consideration for protection. 2) To minimize dependence on ground irrigation and to promote retention of wildlife habitat, xeriscape principles (per xeriscape plant guide published by South Florida Water Management District or in the City Code) of native vegetation shall be utilized in landscaping to the maximum extent possible. Ecologically viable portions of mature upland plant communities shall be preserved and maintained in their original state to the greatest extent practicable. 3) Any shoreline banks created along on-site stormwater detention ponds greater than five (5) acres in area shall include littoral zones constructed on slopes no steeper than a 5:1 horizontal to vertical ratio and shall be planted in, or allowed to be colonized by, native emergent and submergent vegetation. The Developer shall ensure, by planting if necessary, that at least 80 percent cover by native aquatic vegetation is established within the littoral zone (to include at minimum the area between ordinary high water and ordinary low water) for the duration of the Project. 4) If residential is proposed for Site A-2, a 20-foot wide vegetative buffer with an 8 masonry wall per the planting requirements of Bufferyard D in Sec. 60.265 of the Land - 19 -
Development Code shall be required on the southern property line to screen the residential uses from the potential industrial uses on the adjacent property to the south. 5) Along the western boundary of Sites A-1 and A-2, a 30-foot vegetative buffer with an 8-foot masonry wall per the planting requirements of Bufferyard D in Sec. 60.265 of the Land Development Code shall be required to screen the residential and offices uses from the S.R. 417 right-of-way to the west. 6) If residential uses are proposed on Site A-2, a 10-foot vegetative buffer with a 5- foot masonry wall per the planting requirements of Bufferyard A in Sec. 60.265 of the Land Development Code shall be required along the northern boundary to screen the residential uses from the uses to the to the north. F. Wetland Buffer. 1) The wetland buffers within the East Property shall maintain an average width of 25 feet and a minimum width of fifteen (15) feet, as set forth in the Master Plan. 2) No buildings shall be located within fifty (50) feet of a wetland buffer area. 3) A buffer yard of one hundred (100) feet in width shall be provided and perpetually maintained by the Developer or the property owners association along the north Property boundary. 4) All other buffer areas shall be governed as depicted on and/or referenced in the PD, Master Plan, or in any applicable SPMP. 5) Unavoidable losses of viable wetlands shall be mitigated through restoration of wetlands or preservation of functional wetlands within the same watershed and in accordance with adopted rules and policies of the City and the SJRWMD. Wetlands to be enhanced or uplands to be retained as mitigation shall be located conterminously with one or more major habitat areas to be preserved so as to provide a continuity or expansion of natural habitat areas. - 20 -
Detention ponds, preservation of viable on-site wetlands, lakes or open water areas shall not be acceptable for wetland mitigation. 6) Unavoidable wetland impacts associated with road alignments and the revised Master Plan shall comply with an approved SJRWMD mitigation plan. 7) Buffer areas of native upland vegetation averaging fifty (50) feet wide and with a minimum width of twenty-five (25) feet shall be retained around all regionally significant wetlands, except where impacts from the roadway crossings and the Master Plan are approved by SJRWMD. 8) Upland buffers between on-site wetlands/marshes/lakes and any type of development or land alteration shall be delineated with temporary construction fencing placed on the upland edge of the buffers prior to construction to allow these areas to be maintained with existing native vegetation or be re-planted with native, transitional zone or upland vegetation. 9) Use of upland buffers adjacent to on-site wetlands/marshes/lakes shall be limited to nature trails, passive recreation, and components of the stormwater management system. The use of pesticides, herbicides or fertilizers shall be prohibited in these buffers and the wetlands they protect unless approved by SJRWMD to control invasive species. 10) To protect the attributes of the wildlife travel corridor (wetland numbers W-1 and W-5 as shown on the Master Plan) which runs north and south through the Property and continues off-site, any crossing of the wildlife travel corridor shall provide suitable wildlife underpasses in both wetland and upland areas of the crossing. 11) The on-site wetlands systems, other conservation tracts, and mitigation areas shall be regarded as preservation areas for the purpose of protecting their natural attributes, and their developmental uses shall be restricted by easement that is conveyed at no cost to the City, a state - 21 -
or federal agency or any organization dedicated to conservation and acceptable to the City and the SJRWMD. 12) All of the site s retained wetlands shall be preserved and incorporated into the stormwater management system in such a manner that a natural hydroperiod is maintained or restored. 13) Failure of any portion of the permitted stormwater management plan shall not be justification for additional alteration of wetlands regardless of whether the wetlands are protected, viable, transitional or altered. 14) (i) Subject to subparagraph (ii) below, the following minimum distances to adjacent wetland areas shall be adhered to in Project design and construction: a. stormwater detention basins -- no closer than two hundred (200) feet, and b. roadways with underdrains -- no closer than fifty (50) feet. (ii) The minimum distances set forth in the above condition 14(i) need not be met provided one or more of the following conditions are met a. Adverse impacts on affected wetland vegetative communities from excessive drying out in part due to lateral subsurface seepage from the wetland areas(s) into the basin(s) during drought or low water periods have been determined not to be an applicable issue of concern by the SJRWMD; or b. The SJRWMD accepts tests, calculations or other information furnished by the Developer through the permitting and Project review process which demonstrate that deviation from the fifty (50)-foot and two hundred (200)-foot distances are appropriate; or - 22 -
c. The elevations of the bottoms of the stormwater detention ponds or roadway underdrains are higher than the ordinary low water elevation in each potentially impacted wetland area. G. Miscellaneous 1) Until such time as the individual parcels of the Property are developed, the Developer retains the right to continue the cattle grazing use of the parcels. 2) Project construction personnel shall be notified, through posted advisories or other methods, of the potential for artifact discoveries on the site and to report suspected findings to the Project manager. In the event of discovery of artifacts of historical or archaeological significance during Project construction, the Developer shall stop construction at the site of discovery and notify the City and the Division of Historic Resources of the Florida Department of State. From the date of notification, construction shall be suspended within a one hundred (100)-foot radius of the site of discovery for a period of up to one hundred twenty (120) days to allow evaluation of the site. 3) The Developer has prepared a Hazardous Materials Management Plan which has been approved by the FDEP and recorded at Official Records Book 9050, Page 4661 of the Public Records of Orange County, Florida. 4) The Property is adjacent to present and future Orange County solid waste management activities including, but not limited to, landfill and incineration activities. Because of the Property s proximity to these activities, impacts of varying degrees may be experienced as a result of the operations of such facilities. Each contract for sale or lease for all or any portion of the Property that is proposed for residential uses shall include a Notice that the proposed residential uses are located approximately 2,400 feet west of the Orange County Landfill. By acceptance of a deed or lease to any portion of the Property, the Developer, for itself and on - 23 -
behalf of its successors and assigns, hereby covenants and agrees, so long as the County s waste management facilities are being operated in accordance with the applicable statutes, rules and regulations, that it shall never have any cause of action for damage or any cause whatsoever arising out of, or in connection with or related to such impacts as a result of the matters set forth herein against the owner or operator of the landfill, nor its elected and appointed public officials or employees, nor any predecessor in title, nor any successors to the foregoing parties. H. Formerly Used Defense Site ( FUDS ). 1) The Developer shall provide any successor-in-interest and all contractors engaged by the Developer with notice of the East Property s location within the Former Pinecastle Jeep Range. Such notification shall also be included in the Covenants, Conditions and restrictions provided to any successors-in-interest to the Developer. The contracting party (either the Developer or its successors-in-interest, as applicable) shall also attach a copy of the FUDS Incident Response Plan as an exhibit to each sales, site work or construction contract relating to the East Property. The FUDS Incident Response Plan is attached to this Ordinance as EXHIBIT H. 2) Because the Property is located within a Formerly Used Defense Site and directly adjacent to the Orange County Landfill, any development proposals shall be supported by engineering and environmental studies demonstrating the suitability of development for the uses proposed. The Developer shall comply with all Defense Environmental Restoration Program (DERP-FUDS) and Military Munitions Response Program requirements and protocols as recommended and established by the U.S. Department of Defense U.S. Army Corps of Engineers as part of the development of the Property. Notwithstanding the foregoing, the City has adopted a revised policy regarding clean-up requirements in the Pinecastle Jeep Range in that certain Memorandum from Tim Johnson dated January 12, 2010. Based upon extensive - 24 -
investigation by the U.S. Army Corps of Engineers, the City has revised its policy to discontinue the clean up requirements and conditions imposed by the original December 6, 2007 Building Official s memorandum for the portion of the Pinecastle Jeep Range designated as Area of Temporary Halt Discontinued. Building permits (including infrastructure and engineering permits) issued for the portion of the Beltway Commerce Center Property located south of Lee Vista Boulevard, shall require construction support and shall require the removal of any contaminated soil that may be found. SECTION THREE: OFFICIAL ZONING MAP. The City Clerk and the City Zoning Official are hereby authorized and directed to amend and correct the Official Zoning Map to reflect the terms of this Ordinance. SECTION FOUR: COMPLIANCE WITH REGULATIONS. Development of the East Property shall be conducted in accordance with all State and federal rules and regulations. Other than as specifically set forth herein, the Property is subject to all codes, ordinances and policies of the City of Orlando, including, but not limited to, Chapter 68, City Code. SECTION FIVE: SEVERABILITY. If any paragraph, subparagraph, sentence clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion thereof. SECTION SIX: RESPONSIBILITIES. Except as otherwise stated herein, all obligations, responsibilities and rights imposed by this Ordinance shall inure to the Developer. For the purpose of this Ordinance, the term Developer shall mean and include the owner of the property (Beltway Commerce Center CD93, Ltd.) as well as its successors, transferees, agents and assignees of any nature whatsoever. - 25 -