1. Board of County Commissioners PUBLIC HEARING June 23, 2009

2. Board of County Commissioners District #: 4 Case #: RZ-09-03-009 Applicant: Thomas R. Sullivan Request: A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use: Commercial: up to 5,000 sq. ft. of C-1(Retail Commercial) uses (a gas station/convenience store is currently proposed) District #: 4 Case #: RZ-09-03-009 Applicant: Thomas R. Sullivan Request: A-2 (Farmland Rural District) to PD (Planned Development District) Proposed Use: Commercial: up to 5,000 sq. ft. of C-1(Retail Commercial) uses (a gas station/convenience store is currently proposed)

3. Board of County Commissioners RZ-09-03-009 Zoning Map RZ-09-03-009 Zoning Map

4. Board of County Commissioners RZ-09-03-009 Future Land Use Map RZ-09-03-009 Future Land Use Map

5. Board of County Commissioners RaceTrac - Curry Ford PD 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 RaceTrac – Curry Ford PD Land Use Plan dated “Received April 27, 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 27, 2009," 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. 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.

9. Board of County Commissioners DRC Conditions of Approval Cont’d. 4. The Developer shall obtain water and wastewater service from Orange County Utilities. 5. Tree removal/earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision and/or Development Plan, with a tree removal and mitigation plan, have been approved by Orange County. 6. Outdoor sales, storage, and display shall be prohibited. 7. Billboards and pole signs are prohibited. Ground and fascia signs shall comply with Ch. 31.5. 8. A waiver from Section 34-152 (c) is granted to allow permanent access via an internal ingress/egress easement in lieu of access from an internal public street due to separation requirements from the SR 417 off ramp.

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 (8) conditions.

11. 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 April 27, 2009,” subject to the eight (8) conditions as stated in the Planning and Zoning Recommendations of the staff report.

12. Board of County Commissioners Project : Crossroads Property PD/LUP Substantial Change Applicant: Jim Hall District #:1 Request: The request is to redevelop the Crossroads Property PD in order to construct an additional 145,000 square feet of commercial uses. The total building area for the project would be 307,789 square feet. All uses shall be limited to those allowed in the C-1 (Retail Commercial) zoning district. Project : Crossroads Property PD/LUP Substantial Change Applicant: Jim Hall District #:1 Request: The request is to redevelop the Crossroads Property PD in order to construct an additional 145,000 square feet of commercial uses. The total building area for the project would be 307,789 square feet. All uses shall be limited to those allowed in the C-1 (Retail Commercial) zoning district.

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 Crossroads Property Land Use Plan Crossroads Property 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 Crossroads Property PD/LUP dated “Received April 6, 2009,” subject to the twelve (12) conditions in the staff report.

17. Board of County Commissioners 1. Development shall conform to the Crossroads 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

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 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. Unless a Conservation Area Impact (CAI) permit is approved by Orange County consistent with Chapter 15 prior to Construction Plan approval, no conservation area or buffer encroachments shall be permitted. 4. Prior to re-development of the existing retention pond area, Area 4 on this Land Use Plan, stormwater management for the entire site shall be provided elsewhere. DRC Recommendations Cont’d.

19. Board of County Commissioners 5. No new pole signs or billboards, no replacement of existing pole signs or billboards. All new signage (including replacement signs) shall comply with the Tourist Commercial Sign standards (or the Master Sign Plan). 6. Outdoor storage and display shall be prohibited. 7.Prior to any vertical building permit, the plat for this property shall be approved on the BCC consent agenda. 8.The applicant must 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 platting. Nothing in this condition, and nothing in the decision to approve this preliminary subdivision plan, shall be construed as a guarantee that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate. 9.A waiver is granted from Chapter 38-1272(a)(1) to increase the allowable impervious area from seventy percent (70%) to eighty-seven percent (87%). DRC Recommendations Cont’d.

20. Board of County Commissioners 10.A waiver is granted from Chapter 38-1287(1)(a) to reduce the building setback from Interstate-4 from 75 feet to 65 feet. 11. A waiver is granted from Chapter 38-1272(3) to reduce the building setback from the south property line of the PD from 25 feet to 2 feet. 12. A waiver is granted from Chapter 38-1300 to increase the building height from 60 feet to 150 feet. DRC Recommendations Cont’d.

21. Board of County Commissioners PUBLIC HEARING