1. Board of County Commissioners PUBLIC HEARING March 24, 2009

2. Board of County Commissioners District #: 4 Case #: RZ-07-11-090 Applicant: Max Epstein, Allen Epstein, and Tony Cheung for Woodbury Church PD Request: A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use:Religious Institution: House of worship.………......17,000 sq. ft. Future addition………………..4,000 sq. ft. Accessory storage building…..250 sq. ft. District #: 4 Case #: RZ-07-11-090 Applicant: Max Epstein, Allen Epstein, and Tony Cheung for Woodbury Church PD Request: A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use:Religious Institution: House of worship.………......17,000 sq. ft. Future addition………………..4,000 sq. ft. Accessory storage building…..250 sq. ft.

3. Board of County Commissioners RZ-07-11-090 Zoning Map RZ-07-11-090 Zoning Map

4. Board of County Commissioners RZ-07-11-090 Future Land Use Map RZ-07-11-090 Future Land Use Map

5. Board of County Commissioners Woodbury Church Land Use Plan

6. 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:

7. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Woodbury Church PD Land Use Plan dated “Received November 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 November 17, 2008," the condition of approval shall control to the extent of such conflict or inconsistency.

8. 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. The Developer shall obtain water and wastewater service from Orange County Utilities. 4. Outdoor storage and display shall be prohibited.

9. Board of County Commissioners DRC Conditions of Approval Cont’d. 5. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 6. 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. 7. The applicant must apply for 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 land use 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. 8. A waiver from Section 38-1272(5) is granted to allow a maximum building height of 70 feet for the steeple only. 9. The Woodbury Road Right-of-Way Agreement is approved.

10. 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 (9) conditions.

11. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the Woodbury Church PD Land Use Plan dated “Received November 17, 2008,” subject to the nine (9) conditions as stated in the Planning and Zoning Recommendations of the staff report.

12. Board of County Commissioners Project :Fieldstream PD/LUP Substantial Change Applicant: Judy Stewart of Dave Schmitt Engineering, Inc. District #:3 Request: To consider a substantial change to the approved Fieldstream Planned Development/Land Use Plan (PD/LUP) to change the use from Open Space/ Recreation in order to construct up to 290,000 square feet of mixed uses, on a total of 58.19 acres, to be developed as follows: 72,500 square feet of Commercial/Retail 77,500 square feet of Office over Commercial/Retail 28,000 square feet of Office 112,000 square feet of Warehouse/Light Industrial Project :Fieldstream PD/LUP Substantial Change Applicant: Judy Stewart of Dave Schmitt Engineering, Inc. District #:3 Request: To consider a substantial change to the approved Fieldstream Planned Development/Land Use Plan (PD/LUP) to change the use from Open Space/ Recreation in order to construct up to 290,000 square feet of mixed uses, on a total of 58.19 acres, to be developed as follows: 72,500 square feet of Commercial/Retail 77,500 square feet of Office over Commercial/Retail 28,000 square feet of Office 112,000 square feet of Warehouse/Light Industrial

13. Board of County Commissioners Zoning Map

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

15. Board of County Commissioners Fieldstream Land Use Plan Fieldstream Land Use Plan

16. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Fieldstream PD/LUP dated “Received January 7, 2009,” subject to the fourteen (14) conditions in the staff report.

17. Board of County Commissioners 1. Development shall conform to the Fieldstream PD Land Use Plan dated “Received January 7, 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 7, 2009,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

18. 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 his or her 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 his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. The Developer shall obtain water and wastewater service from Orange County Utilities. 4. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities prior to approval of the first PSP/DP. The MUP must be approved prior to Construction Plan approval. The MUP shall include the location and distribution of any contaminants on site. DRC Recommendations Cont’d.

19. Board of County Commissioners 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. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. 7. Outdoor sales, storage, and display shall be prohibited. 8. The total amount of parking stalls provided shall not exceed 110% of the minimum required per Orange County Code. 9. This site shall comply with the "Agreement Concerning Development of Cloyd Landfill" as approved by the Orange County Board of County Commissioners on June 10, 2008. 10. All development on this site should comply with the guidelines established in, "Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida" published by the Florida Department of Environmental Protection, May 3, 2001. DRC Recommendations Cont’d.

20. Board of County Commissioners 11. An FDEP No Further Action letter or documentation of specific permission from FDEP shall be submitted prior to earthwork or construction plan approvals on individual sites, if any soil or groundwater contamination is found in excess of state clean-up targets due to existing or prior potential contamination generating sources or activities. 12. All acreages regarding conservation areas and wetland buffers are considered approximate until finalized by a Conservation Area Determination and a Conservation Area Impact Permit. Approval of this plan does not permit any proposed conservation impacts. 13. The following shall be prohibited: a. Adult/child care centers. b. Churches, mosques, temples, and other religious use organizations with attendant educational buildings and recreational activities. DRC Recommendations Cont’d.

21. Board of County Commissioners 14. All previous applicable Conditions of Approval dated July 19, 1994, shall apply: a. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #1 b. A master drainage plan for the entire site is required prior to submittal of the first development plan for review. c. Prior to construction plan approval, 100-year flood elevation study for the project shall be submitted for approval by the County Engineer. d. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #7 e. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #12 f. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITIONS OF APPROVAL #3 AND #4 DRC Recommendations Cont’d.

22. Board of County Commissioners g. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #3 h. Prior to any development or subdivision plan, the developer shall submit a report for review and approval by the County for properties to be developed within 700 feet of the former landfill indicating groundwater influence on site, potential gas migration, and potential for groundwater contamination. Also, the developer shall submit a groundwater monitoring plan for those properties within 700 feet. Orange County shall respond to this report with specific comments within 45 days of receipt of the report. BCC APPROVAL DATED JULY 19, 1994 - THIS CONDITION HAS BEEN RESTATED AS CONDITION OF APPROVAL #10 i.Prior to submittal of the development plan, the developer shall include a notice in the public record for property within 700 feet to acknowledge: 1. The location of the landfill next to the property. 2. That monitoring conditions are imposed thereon. 3. No shallow wells will be allowed within 700 feet of the landfill sites. No other wells will be allowed on any portion of the site unless approved by Orange County. DRC Recommendations Cont’d.

23. Board of County Commissioners j. The industrial parcel shall comply with the I-1A Restricted Industrial Zoning District regarding yard requirements, parking, and other requirements (Section 38-905 through 38-908). DRC Recommendations Cont’d.

24. Board of County Commissioners Project :Lake Sherwood Village PD/LUP Substantial Change Applicant: Kevin Brown District #:6 Request:To consider a substantial change to the approved Lake Sherwood Village Planned Development/Land Use Plan (PD/LUP) to further reduce the rear setback from 50.65 feet (with a 77-foot average) to 43.73 feet (with a 70-foot average). Project :Lake Sherwood Village PD/LUP Substantial Change Applicant: Kevin Brown District #:6 Request:To consider a substantial change to the approved Lake Sherwood Village Planned Development/Land Use Plan (PD/LUP) to further reduce the rear setback from 50.65 feet (with a 77-foot average) to 43.73 feet (with a 70-foot average).

25. Board of County Commissioners Zoning Map

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

27. Board of County Commissioners Lake Sherwood Village Land Use Plan Lake Sherwood Village Land Use Plan

28. Board of County Commissioners Action Requested  Find the request consistent with the Comprehensive Policy Plan and approve the substantial change to the approved Lake Sherwood Village PD/LUP dated “Received November 19, 2008,” subject to the five (5) conditions in the staff report.

29. Board of County Commissioners 1. Development shall conform to the Lake Sherwood Village PD Land Use Plan dated “Received November 19, 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 November 19, 2008,” the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

30. 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 his or her 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 his or her authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. Outdoor storage and display shall be prohibited. 4. Billboards and new pole signs shall be prohibited. 5. A waiver from Section 38-1272 (a) 3 to reduce the rear setback to 43.73 feet with a 70-foot average in lieu of 50.65 feet with a 77-foot foot average is granted. DRC Recommendations Cont’d.

31. Board of County Commissioners Project : Lake Sherwood Village Planned Development - Sam’s Club Preliminary Subdivision Plan - Substantial Change District #: 6 Request: To consider a substantial change to the Lake Sherwood Village Planned Development - Sam’s Club Preliminary Subdivision Plan to grant a waiver from Section 38-1476(a) to allow a reduction in the amount of parking required from 5/1000 to 4/1000. Project : Lake Sherwood Village Planned Development - Sam’s Club Preliminary Subdivision Plan - Substantial Change District #: 6 Request: To consider a substantial change to the Lake Sherwood Village Planned Development - Sam’s Club Preliminary Subdivision Plan to grant a waiver from Section 38-1476(a) to allow a reduction in the amount of parking required from 5/1000 to 4/1000.

32. Board of County Commissioners Lake Sherwood Village PD/ Sam’s Club PSP Location Map Lake Sherwood Village PD/ Sam’s Club PSP Location Map

33. Board of County Commissioners Lake Sherwood Village PD/ Sam’s Club Preliminary Subdivision Plan Lake Sherwood Village PD/ Sam’s Club Preliminary Subdivision Plan

34. Board of County Commissioners  Approve the Lake Sherwood Village Planned Development – Sam’s Club Preliminary Subdivision Plan dated “Received November 19, 2008,” subject to the eight (8) conditions in the staff report. Action Requested

35. Board of County Commissioners 1.Development shall conform to the Lake Sherwood Village Planned Development; Orange County Board of County Commissioners (BCC) approvals; the Sam’s Club Preliminary Subdivision Plan dated “November 19, 2008”, 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 “November 19, 2008”, the condition of approval shall control to the extent of such conflict or inconsistency. DRC Recommendations

36. 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 38-1476 (a) is granted to allow a reduction in the parking requirement to allow 4/1000 in lieu of 5/1000. 4. Since Lake Sherwood is a landlocked basin, the stormwater management system shall be designed to retain the 100-year/24-hour storm event on site. BCC APPROVAL DATED DECEMBER 16, 1997 DRC Recommendations Cont’d.

37. Board of County Commissioners 5. Access rights along S.R. 50 shall be dedicated to Orange County except as shown the site plan. BCC APPROVAL DATED DECEMBER 16, 1997 6. Orange County shall not own, operate, or maintain the on-site water or wastewater systems. BCC APPROVAL DATED DECEMBER 16, 1997 7. The project shall be platted prior to issuance of a Certificate of Occupancy. BCC APPROVAL DATED DECEMBER 16, 1997 - THIS CONDITION HAS BEEN SATISFIED 8. BCC APPROVAL DATED DECEMBER 16, 1997 – THIS WAIVER REQUEST IS BEING BROUGHT FORWARD WITH THE SUBSTANTIAL CHANGE TO THE PLANNED DEVELOPMENT. DRC Recommendations Cont’d.

38. Board of County Commissioners PUBLIC HEARING

39. Board of County Commissioners PUBLIC HEARING March 24, 2009

40. Board of County Commissioners District #: 1 Case #: RZ-07-06-048 Applicant: Andrew DeCandis for West Orange Relief High School PD Request: R-CE (Country Estate District) to PD (Planned Development District) Proposed Use:Public high school – the construction of the West Orange Relief High School District #: 1 Case #: RZ-07-06-048 Applicant: Andrew DeCandis for West Orange Relief High School PD Request: R-CE (Country Estate District) to PD (Planned Development District) Proposed Use:Public high school – the construction of the West Orange Relief High School

41. Board of County Commissioners Action Requested  The applicant has requested that this application be withdrawn.

42. Board of County Commissioners PUBLIC HEARING