Use of a new State law may allow developer to circumvent Rural Settlement and County land development regulations, and risks development of a 39 home subdivision within the Lake Avalon Rural Settlement.
Toll Brothers has filed for an Agricultural Enclave Designation under a new State law (SB686), with the intent of receiving a “right to build” certification for the Gerlero parcel on Avalon Road inside the Rural Settlement. This is the parcel that Toll Brothers wants to convert from RS 1/5 zoning to PD zoning in order to build a 39 home subdivision. A Community Meeting was held on the Zoning change request back on July 30, and the community made it clear that we are not supportive of this development inside our Rural Settlement. This Zoning change request has not yet gone before the Board of Zoning or the Board of County Commissioners; however, if Agricultural Enclave Designation is granted the zoning change may no longer be necessary.
SB 686 went into effect July 1 of this year and under this new state law an Agricultural Enclave Designation and “right to build” certification, preempts the county from enforcing any of the Rural Settlement, Comprehensive Plan, Future Land Use, or Zoning policies and laws. It further shifts the costs of this urban sprawl from the developer to the county taxpayers.
An application for Agricultural Enclave designation for a parcel in the rural area of Chuluota (O.C. District 5) will be up for a vote at the September 29 Board of County Commissioners meeting. This will be the first of several attempts to use this new law for development within a rural area of Orange County. Failure to block approval of this designation elsewhere in the County could open the door for approving it in LARS.
Please contact the County Commissioners (email addresses listed below) and/or attend this BCC meeting (meeting info below) to demand that they vote to deny this request, and to further demand that they challenge SB 686 in court to eliminate future use of this new law to circumvent home rule.
Please also sign the “Save Orange County” petition (linked below) against this designation for the Chuluota Road development. “Save Orange County” will be putting together a petition specific to the Gerlero parcel inside LARS in late October, as the tentative date for the Public Hearing on the Gerlero parcel is November 10, 2026. More information will be provided relative to the Gerlero application as it is available.
Save Orange County petition: https://saveorangecounty.org/petitions/
Orange County Commissioner email addresses:
Mayor@OCFL.net, District1@OCFL.net, District2@OCFL.net, District3@OCFL.net, District4@OCFL.net, District5@OCFL.net, District6@OCFL.net
BCC Meeting
Public Hearing on the Chuluota Road parcel Agricultural Enclave designation
Tuesday, September 29 at 2pm
BCC Chambers, 201 S. Rosalind Avenue, Orlando
