Public Hearings Substantial Change-Comp Plan AIPO Planned ...

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Board of County Commissioners

Airport Industrial Park at Orlando
(AIPO)


Development of Regional Impact

Comprehensive Plan Amendments,

Notice of Proposed Change, &

PD
-
LUP Substantial Change



Adoption Public Hearing

October 19, 2010

Case #:

2009
-
D
-
4
-
1

Agent:

VHB
-
Miller
Sellen

Owner:

Dell Avery


South Orange Properties, Inc.

From:

Low Medium Density Residential (LMDR)

To:

Planned Development


Industrial / Commercial/
Office/Conservation (PD
-
IND/C/O/CONS)

Acreage:

About 339 gross acres / 262 net acres

Proposed use:

Mixed use development, including:


10,000


100,000 square feet of office


10,000


60,000 square feet of commercial


2,400,000 square feet of industrial


77.36 acres of conservation

Board of County Commissioners

Development of Regional Impact Privately Initiated Amendment


This amendment also includes a revision to FLUE Policy FLU8.1.4,
which establishes maximum densities and intensities for PD
amendments.


FLUE Policy FLU8.1.4

Amendment
Number

FLUM Designation

Maximum Intensity
and Density

Ordinance
Number

2009
-
D
-
4
-
1

AIPO DRI

Planned Development

Industrial /Commercial/
Office Conservation

(PD
-
IND/C/O/CONS)


10,000


100,000 sq.
ft. of office


10,000


60,000 sq.
ft. of commercial


2,400,000 sq. ft of
industrial


77.36
acres of
conservation

2010
-
__

2009
-
D
-
4
-
1

Location map

2009
-
D
-
4
-
1

Future Land Use

2009
-
D
-
4
-
1

Aerial

2009
-
D
-
4
-
1

Analysis and Recommendations

ORC Report


The ORC Report included the following objections:


Compatibility with the existing and programmed public schools


Performance restrictions and/or conditions may be placed on
property through the appropriate development order to ensure
compatibility. No restrictions or conditions shall be place on a Future
Land Use Map change.




The applicant has addressed these objections, and the responses can be
found under the heading in the public hearing binder entitled “ORC Report
and Responses.”


2009
-
D
-
4
-
1

Analysis and Recommendations

Staff Analysis



Applicant has agreed to


Limitations on industrial uses


Tiered uses


Increased buffering and landscaping


Dark Skies Principles


Project will have to comply with the School
Siting

Ordinance

Staff Recommendation:

Adopt


LPA Recommendation:

Do Not Adopt

2009
-
D
-
4
-
1

Proposed Land Use Plan

2009
-
D
-
4
-
1

Permitted/Prohibited List of Uses

All uses within the P
-
O, C
-
1, and I
-
1/I
-
5 zoning districts are permissible, except as listed
below. (Uses include special exception uses such as veterinary services, office cleaning,
janitorial services, repair services, and communication towers.)


Temporary mobile homes, travel trailers
and recreational vehicles



Community residential homes



Boarding, lodging, and rooming houses



Commercial kennels (livestock)



Meat packing plants/animal
slaughtering



Paper mills



Asphalt manufacturing, cement plants,
concrete block manufacturing



Lubricating oils and greases
manufacturing


Rubber and tire manufacturing


Blast furnace manufacturing,
manufacturing of iron, steel, and
aluminum, smelting


Dismantling boats, marine wrecking


Junk, salvage, or wrecking yards,
sales and storage of wrecked cars


Airports, airplane landing facilities,
aircraft maintenance, seaplane base


Helicopter landing facility,
vertiport
,
airship/blimp hanger facility and
hangers


Pipeline transportation of petroleum
and other commodities


Substations, telephone switching
stations

2009
-
D
-
4
-
1

Permitted/Prohibited List of Uses

All uses within the P
-
O, C
-
1, and I
-
1/I
-
5 zoning districts are permissible, except as listed
below. (Uses include special exception uses such as veterinary services, office cleaning,
janitorial services, repair services, and communication towers.) cont.


Power plants, household waste transfer
stations refuse storage sites,
wastewater and water plants, septic
disposal sites, line stabilization and
dewater,
septage

and wastewater
sludges


Transfer stations other than household
waste transfer station


Incinerator


Testing and research of incinerators


Aluminum recycling collection drop
-
off
sites


New and used car dealers (automobiles,
pickups, and vans)


Truck stops and bus terminals


Boat dealerships and manufacturing


Recreational vehicle and commercial
vehicle sales, service and storage


Hotels, motels, timeshare units


Crematories (human or animal)


Labor pools and labor halls


Truck rental, sales and leasing


Car rental and leasing


Enclosed mechanical garages, bus,
cab, truck repair and manufacturing


Automobile towing services


Bottle clubs, Cocktail Lounges,
Liquor stores, Tobacco Shops


Outdoor auctions, auto auctions

2009
-
D
-
4
-
1

Permitted/Prohibited List of Uses

All uses within the P
-
O, C
-
1, and I
-
1/I
-
5 zoning districts are permissible, except as listed
below. (Uses include special exception uses such as veterinary services, office cleaning,
janitorial services, repair services, and communication towers.) cont.


Open air markets


Psychiatric hospital


Alcohol and drug treatment, AIDS
treatment, outpatient clinics


Crisis center, juvenile group homes,
children’s homes, alcohol rehabilitation
centers, halfway homes for delinquents


Privately run adult correctional facilities
and prisons


Jails, correctional institutions


Arcades, video games


Indoor gun ranges, shooting galleries
and ranges


Outdoor gun ranges/private clubs,
shooting galleries and ranges


Pawn Shops, Tattoo Parlors


Water and Wastewater Treatment
Plants and active land fills within ¼
mile of existing school


Any use that exceeds 60 decibels at
the school property line

Board of County
Commissioners

Project :


AIPO PD/ DRI LUP
-




Substantial Change

Applicant:



Lance Bennett













District #:


4


Request:


To consider a substantial change to the approved




AIPO Planned Development/ Development of




Regional Impact Land Use Plan (PD/ DRI LUP) to




amend the development program from Residential to



Industrial/ Commercial/ Professional Office.




The proposed development program is:





Professional Office = 50,000 square feet




Commercial = 30,000 square feet




Industrial = 2.071 million square feet

Zoning Map

Future Land Use Map

AIPO Land Use Plan

Board of County
Commissioners

DRC Recommendation


Find the request consistent with the Comprehensive
Plan and approve the Substantial Change to the
approved AIPO PD/LUP dated “Received September 8,
2010” subject to the following nine (9) conditions in
the staff report.



Board of County
Commissioners

1. Development shall conform to the AIPO PD Land Use Plan dated “Received
October 15, 2008
September 8, 2010
,” 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 “
October 15, 2008
September 8, 2010
,” the
condition of approval shall control to the extent of such conflict or
inconsistency.

DRC Recommendations

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
owner/applicant (or authorized agent) to the BCC at the public hearing where
this development was approved, where such promise or representation,
whether oral or written, was relied upon by the BCC in approving the
development, could have reasonably been expected to have been relied
upon by the BCC in approving the development, or could have responsibly
induced or otherwise influenced the BCC to approve the development. For
purposes of this condition, a “promise” or “representation” shall be deemed
to have been made to the BCC by the applicant (or authorized agent) if it was
expressly made to the BCC 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 encroachment shall be permitted.

4. The Developer shall obtain water and wastewater service from Orange
County Utilities.

DRC Recommendations Cont’d.

Board of County
Commissioners

5. A Master Utility and
Stormwater

Plan (MUP) shall be submitted to Orange
County Utilities prior to approval of the next PSP/DP. The MUP must be
approved prior to Construction Plan approval.

6.

Billboards and pole signs shall be prohibited. Ground and fascia signs shall
comply with Chapter 31.5.

7.

The previously
-
approved PSP shall be voided with an approval of the change
of use.

8.

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.

9.

The property lies within Airport Noise Zones “D” and E.” An executed Waiver
of Claims between the developer and the Greater Airport Authority shall be
required prior to the issuance of any building permits.




DRC Recommendations Cont’d.

Board of County
Commissioners

P&ZC/LPA Recommendation



Make a finding of inconsistency with the

Comprehensive Plan and Deny the
Substantial Change to the PD
-
LUP, based on
the incompatibility of the request with the
following Comprehensive

Plan policy:


Board of County
Commissioners

P&ZC/LPA Recommendation Cont’d.



Policy:

FLU2.3.6 The conversion of residential use to non
-
residential use may be permitted
only under the following criteria:

1.
There has been a significant change in the area land use character;

2.
The adjacent road is a major street, as identified in the Land
Development Code (Ch 38
-
1603);

3.
Sufficient land area is available to support the land use intensity
increase, such as the need for parking
stormwater

retention, on
-
site
maneuvering, and meeting minimum site and building standards of the
requested zoning district;

4.
The converted use shall be compatible with adjacent land use; and

5.
All other applicable policies detailed for non
-
residential use shall be met;

6.
A mix of use shall be encouraged.


Actions Requested

Uphold, overturn, or modify the recommendation of the P&ZC/LPA to Deny the
requested AIPO Comprehensive Plan Amendment and the Substantial Change
request to the PD
-
Land Use Plan, dated “Received September 8, 2010.”


If the BCC action is to overturn or modify the P&ZC/LPA recommendation, the BCC
will be required to:


Make a finding of consistency with the 2010
-
2030 Comprehensive Plan and
adopt Amendment 2009
-
D
-
4
-
1 to the Comprehensive Plan through adoption of
the
corresponding Ordinance,
including amendment
to Policy
FLU8.1.4;


-
and
-

Approve the Third Amendment to the Development Order (DO) for the Airport
Industrial Park at Orlando (AIPO) Development of Regional Impact (DRI);





-
and
-

Approve the Substantial Change to the AIPO PD
-
LUP dated
“Received
September 8, 2010,” noting that there are nine (9) conditions, as identified in the
DRC Recommendations of the Staff Report.




















Board of County Commissioners

Airport Industrial Park at Orlando
(AIPO)


Development of Regional Impact

Comprehensive Plan Amendments,

Notice of Proposed Change, &

PD
-
LUP Substantial Change



Adoption Public Hearing

October 19, 2010