Orange County — Board of Zoning Adjustment

VA-02-06-070 — DWIGHT D. SAATHOFF/AVALON ASSOCIATES OF DELAWARE

Request: Variance in P-D zone (Avalon Park Town Center) from the distance separation requirements of Section 38-1415 (a) of the Zoning Regulations in order to permit the sale of alcoholic beverages within the town center, irrespective of whether the place of business selling such beverages is located within 1000 ft. of a church or school, other than the existing Avalon Park Elementary School.

Decision: Approved

Hearing: Avalon Park is a Planned Development/Development of Regional Impact (PD/DRI) approved in 1993 which will have upwards of 5,000 residential units at build out. Avalon Park is being developed as a Traditional Neighborhood Development (TND), which has a design principle for a town center. The town center will be a place where residents of the project would go for their support services such as shops, restaurants, retail establishments and offices. Given the mixture of uses planned for the town center such as churches and schools, combined with restaurants and retail sales, the applicant is seeking relief from the 1,000-foot separation requirement under the County Code. Applicant stated that such relief is needed in order to achieve the goal of a town center under the TND principles. Applicant also stated that relief under this proposal would negate the need for repeated requests for variances in the future. Opposition speaker stated that the County has consistently denied such requests in the past and should continue to do so. The Board also felt that there are some circumstances that are unique to this site such as a centralized area for all mixed commercial development which is unique to the TND design concept. The board discussed how future development would be notified of such circumstances and the applicant was willing to condition notification of future development if approved. There was one speaker in opposition to the request at the public hearing.