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BCC-Called Public Hearing ON BZA # ZM-13-07-054, July 3, 2013 APPELLANT: Robin G. Drage, Esq.

BCC-Called Public Hearing ON BZA # ZM-13-07-054, July 3, 2013 APPELLANT: Robin G. Drage, Esq. August 20, 2013. BACKGROUND. CASE: ZM-13-07-054 Appellant : Robin G. Drage , Esq.

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BCC-Called Public Hearing ON BZA # ZM-13-07-054, July 3, 2013 APPELLANT: Robin G. Drage, Esq.

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  1. BCC-Called Public HearingONBZA # ZM-13-07-054, July 3, 2013APPELLANT: Robin G. Drage, Esq. August 20, 2013

  2. BACKGROUND CASE: ZM-13-07-054 Appellant : Robin G. Drage, Esq. REQUEST: This is an appeal of the Zoning Manager's determination that a property owner's new land development application is not “of the kind and type" as the previous application that was the subject of a public hearing before the Board of County Commissioners in March 2013, and is therefore, authorized to proceed to a new public hearing as a new land development application without having to wait 9 months (until Dec. 2013) under Section 30-48, Orange County Code. ZONING: P-D TRACT SIZE: 2.55 acres LOCATION: North side of W. Sand Lake Rd., between S. Apopka Vineland Rd. and Della Dr. DISTRICT: #1

  3. LOCATION Subject Property

  4. ORANGE COUNTY CODE (SEC. 30-48) • Sec. 30-48. Application for rehearing: • No person shall have the right to file an application for a public hearing under the provisions of this article, and amendments thereto, if the property for which the public hearing is requested has been the subject of: • A public hearing before the Planning and Zoning Commission, the Board of Zoning Adjustment or the Board of County Commissioners, or • An appeal from the results of a public hearing to the Board of County Commissioners or a court of competent jurisdiction, or • A petition for a Writ of Certiorari resulting from the outcome of a public hearing at the County level • of the kind and type requested in the application within a period of nine (9) months prior to the filing of the application.

  5. COMPARISONS Original Plan New Plan 15,500 Sq. Ft. (.14 FAR) Retail, Office, Park 100’ from Residences to West Building Scale 25,000 Sq. Ft. (.225 FAR) Retail Commercial 10’ from Residences to West Proposed Uses Setbacks

  6. BZA FINDINGS 1) By virtue of a 2-2 vote (1 abstaining), the BZA was unable to conclude if the limitations of Sec. 30-48 applied to the new application. 2) * Sandpointe Townhome Homeowner’s Association supports the new plan * 9 commentaries in favor * 13 commentaries in opposition * 57 commentaries marked opposed, 5 marked in favor * Several community members spoke at the hearing

  7. BZA RECOMMENDATION The BZA deadlocked 2-2 on a motion to uphold the Zoning Manager’s determination. The 5th member who was present had to abstain due to a voting conflict (2 in favor, 2 opposed, 1 abstained)

  8. BCC ACTION REQUESTED ACTION REQUESTED: Uphold the Zoning Manager’s determination of May 9, 2013 finding that the new application is not of the kind and type restricted to the (9) month provision under Sec. 30-48.

  9. BCC-Called Public HearingONBZA # ZM-13-07-054, July 3, 2013APPELLANT: Robin G. Drage, Esq. August 20, 2013

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