Board of County Commissioners PUBLIC HEARING June 9, 2009

Board of County Commissioners District #: 5 Case #: RZ Applicant: Van Nguyen Request: C-1 (Retail Commercial District) to PD (Planned Development District) Proposed Use: Commercial ….. Up to 17,000 sq. ft. (C-1 uses, with the exception of pawn shops, check cashing services, tattoo parlors, and staffing services) Residentia l ……..Up to sixty (60) townhome units (55+ adult community) District #: 5 Case #: RZ Applicant: Van Nguyen Request: C-1 (Retail Commercial District) to PD (Planned Development District) Proposed Use: Commercial ….. Up to 17,000 sq. ft. (C-1 uses, with the exception of pawn shops, check cashing services, tattoo parlors, and staffing services) Residentia l ……..Up to sixty (60) townhome units (55+ adult community)

Board of County Commissioners RZ Zoning Map RZ Zoning Map

Board of County Commissioners RZ Future Land Use Map RZ Future Land Use Map

Board of County Commissioners The Shoppes of Union Park Land Use Plan

Board of County Commissioners DRC Recommendation  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 Shoppes of Union Park PD Land Use Plan dated “Received January 23, 2009,” 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 January 23, 2009," 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. 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.

Board of County Commissioners DRC Conditions of Approval Cont’d. 4. The Developer shall obtain water, wastewater, and reclaimed water 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 a tree removal and mitigation plan, have been approved by Orange County. 6. Outdoor storage and display shall be prohibited. 7. New billboards and pole signs are prohibited. Ground and fascia signs shall comply with Ch

Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Policy Plan and approve the PD zoning, subject to seven (7) conditions.

Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve The Shoppes of Union Park PD Land Use Plan dated “Received January 23, 2009,” subject to the seven (7) conditions as stated in the Planning and Zoning Recommendations of the staff report.

Board of County Commissioners District #: 4 Case #: RZ Applicant: Louis Garcia Request: A-2 (Farmland Rural District) to PD (Planned Development District) District #: 4 Case #: RZ Applicant: Louis Garcia Request: A-2 (Farmland Rural District) to PD (Planned Development District)

Board of County Commissioners Proposed Use Residential …. Existing 2,462 square foot single-family residence Religious Institution …… Church/day care : conversion of an existing 3,000 square foot accessory building to a fifty (50) seat religious building for Sunday services ( hours of operation: 9:00 a.m. to 3:00 p.m.) and a day care facility for up to thirty (30) children (hours of operation: 3:30 p.m. to 8:00 p.m. Monday through Friday; 9:00 a.m. to 12:00 p.m. Saturday) Future addition …..3,000 square feet Outdoor activities/special events ….. Maximum of two (2) annually (yard sales, bake sales, carnivals, and/or revivals

Board of County Commissioners RZ Zoning Map RZ Zoning Map

Board of County Commissioners RZ Future Land Use Map RZ Future Land Use Map

Board of County Commissioners Garcia Property Land Use Plan

Board of County Commissioners DRC Recommendation  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 Garcia Property PD Land Use Plan dated “Received March 20, 2009,” 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 March 20, 2009," 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. 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.

Board of County Commissioners DRC Conditions of Approval Cont’d. 4. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch 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. 6. A Development Plan will be required for this property after the Land Use Plan has been approved by the BCC and prior to the issuance of any building permits. 7. Outdoor storage and display shall be prohibited. 8. The total number of parking stalls provided shall not exceed 110% of the minimum required per the Orange County Code.

Board of County Commissioners P&ZC Recommendation  Make a finding of consistency with the Comprehensive Policy Plan and approve the PD zoning, subject to eight (8) conditions.

Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Garcia Property PD Land Use Plan dated “Received March 20, 2009,” subject to the eight (8) conditions as stated in the Planning and Zoning Recommendations of the staff report.

Board of County Commissioners District #: 6 Case #: RZ Applicant: William C. Ligato Request: C-2 (General Commercial District) and R-1A (Single-Family Dwelling District) to NAC (Neighborhood Activity Corridor) Proposed Use: Those uses permitted in the NAC zoning district and more specifically, the attainment of consistency with the Future Land Use Map. District #: 6 Case #: RZ Applicant: William C. Ligato Request: C-2 (General Commercial District) and R-1A (Single-Family Dwelling District) to NAC (Neighborhood Activity Corridor) Proposed Use: Those uses permitted in the NAC zoning district and more specifically, the attainment of consistency with the Future Land Use Map.

Board of County Commissioners RZ Zoning Map RZ Zoning Map

Board of County Commissioners RZ Future Land Use Map RZ Future Land Use Map

Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the NAC (Neighborhood Activity Corridor) rezoning.

Board of County Commissioners Project : Avalon Park PD/LUP Substantial Change Applicant: Judy Stewart District #:4 Request: To consider a substantial change to the approved Avalon Park Planned Development/Land Use Plan (PD/LUP) to increase the maximum building height from 40 feet to 55 feet for the church building and 75 feet for the bell tower/steeple for the proposed church in South Village 2 of the Avalon Park PD. Project : Avalon Park PD/LUP Substantial Change Applicant: Judy Stewart District #:4 Request: To consider a substantial change to the approved Avalon Park Planned Development/Land Use Plan (PD/LUP) to increase the maximum building height from 40 feet to 55 feet for the church building and 75 feet for the bell tower/steeple for the proposed church in South Village 2 of the Avalon Park PD.

Board of County Commissioners Zoning Map

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

Board of County Commissioners Avalon Park Land Use Plan Avalon Park Land Use Plan

Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Substantial Change to the approved Avalon Park PD/LUP dated “Received April 6, 2009,” subject to the four (4) conditions in the staff report.

Board of County Commissioners 1. Development shall conform to the Avalon Park PD Land Use Plan dated “Received April 6, 2009,” 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 April 6, 2009," the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

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. A waiver from Section (5) is granted to allow the church building’s height to be 55 feet and the church bell tower/steeple to be 75 feet in lieu of the 40 feet allowed by the Land Use Plan and 50 feet per Code. 4. All previous applicable Conditions of Approval shall apply. DRC Recommendations Cont’d.

Board of County Commissioners PUBLIC HEARING