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Board of County Commissioners

Board of County Commissioners. PUBLIC HEARING. March 29, 2011. Board of County Commissioners. Project : Interstate 4 Plaza PD/LUP - Substantial Change Applicant: Jim Hall District #: 1

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Board of County Commissioners

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  1. Board of County Commissioners PUBLIC HEARING March 29, 2011

  2. Board of County Commissioners Project : Interstate 4 Plaza PD/LUP - Substantial Change Applicant:Jim Hall District #: 1 Request: To consider a substantial change to the approved Interstate 4 Plaza Planned Development/Land Use Plan (PD/LUP) to:

  3. Board of County Commissioners 1) Grant a waiver from Section 38-1300 to increase the maximum building height to 250’ in lieu of 200’; 2) Allow one (1) emergency motorized craft on Lake Willis; 3) Convert hotel rooms to timeshare units; and 4) Grant approval of the Rescission of the Development of Regional Impact (DRI)/ Development Order (DO); and The Development Order (DO) for the Interstate 4 Plaza Planned Development (PD) / Development of Regional Impact (DRI) has expired. Furthermore, this development does not exceed the applicable DRI threshold for multi-use development or any individual DRI threshold. As a result, the request to grant approval of the Rescission of the DRI / DO is no longer necessary.

  4. Board of County Commissioners 4) Eliminate note #6 from the Land Use Plan dated “Received March 5, 1999,” which requires the building setbacks to be increased 1 foot for every 2 feet over 60’ in height.

  5. Board of County Commissioners Zoning Map

  6. Board of County Commissioners Future Land Use Map

  7. Board of County Commissioners Interstate 4 Plaza Land Use Plan

  8. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Substantial Change to the approved Interstate 4 Plaza PD/LUP dated “Received November 12, 2010March 18, 2011,” subject to the ten (10) conditions in the staff report.

  9. Board of County Commissioners DRC Recommendations 1. Development shall conform to the Interstate 4 Plaza PD Land Use Plan dated “Received November 12, 2010 March 18, 2011,” 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 November 12, 2010March 18, 2011,” the condition of approval shall control to the extent of such conflict or inconsistency.

  10. Board of County Commissioners DRC Recommendations 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 (BCC) 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. Pole sign and billboards shall be prohibited. Ground and facia signs shall comply with Chapter 31.5. 4. The following applicable BCC Conditions of Approval dated March 23, 1999 shall apply:

  11. Board of County Commissioners DRC Recommendations Cont’d. a. Development shall conform to the Interstate 4 Plaza Planned Development/Land Use Plan, dated “Received September 28, 1998,” and to the following conditions of approval. Development based on this approval shall comply with all other applicable federal, state, and county laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent [the applicable laws, ordinances, and regulations] are expressly waived or modified by these conditions, or by action approved by the Orange County Board of County Commissioners (BCC), or by action of the BCC. THIS CONDITION HAS BEEN MODIFIED AS PART OF CONDITION OF APPROVAL #1 b. The following International Drive strategic conditions shall apply: • Permitted and prohibited uses shall be those specified in Policies 1.1.3 and 1.1.6 of the International Drive Activity Center.

  12. Board of County Commissioners DRC Recommendations Cont’d. • If the housing linkage program is in place prior to development plan approval, development of nonresidential development shall be conditioned upon the development of residential units within the area designated as Activity Center Residential on the Future Land Use Map. • The development guidelines of the International Drive Activity Center shall apply to the subject property if they are established prior to building permit submittal, including but not limited to, lighting standards, sign regulations, open space regulations, trip reduction program, access management controls, transit access design standards, building orientation, and location of parking lots. • The property owners shall be required to participate in the International Drive property owners’ association upon its creation. • Stormwater management facilities shall be designed as an aesthetic feature, except where determined by the County engineer to be technically unfeasible.

  13. Board of County Commissioners DRC Recommendations Cont’d. • The development plan shall provide for interconnection of adjacent developable parcels either by cross access easements or public right-of-way. This shall include connection into and continuation of an area wide transportation plan for the International Drive Activity Center. • Electrical distribution lines shall be underground. • Participation in a shuttle service connecting area attractions, major transportation centers, and on-site development shall be required. • Boat docks are not approved by this approval and shall be subject to applicable permitting requirements. The use of Lake Willis shall be limited to 12 non-motorized craft and 1 emergency motorized craft. • THIS IS ADDRESSED BY NEW CONDITION #9 d. Development within 100 feet of the RCE-zoned property to the south shall be limited to single story not to exceed 35 feet in height. If the RCE-zoned property located to the south is rezoned to other than single-family residential, this condition is voided.

  14. Board of County Commissioners DRC Recommendations Cont’d. 5. The Developer shall cooperate with Orange County and LYNX by promoting the use of mass transit in this project and shall participate in the provision of transit facilities and shuttle operations to and from this project site. The Developer shall post transit information prominently in hotels and other public areas and sign transit stops, provide transit shelters and encourage the use of transit through the facilitation of pedestrian friendly access to Westwood Boulevard transit stops. 6. Loss of the stand Florida Bonamia (Bonamia grandiflora) on residential Lot 39, which is being added to the project, shall be mitigated through; a. A financial payment to the Orange County Environmentally Sensitive Lands Trust Fund or similar county fund for the purpose of acquiring and protecting scrub habitat, ideally that of the Lake Wales Ridge. Payment shall be made based on the arcal extent of habitat supporting this stand, as determined by Orange County, and using the guidelines of the fund or, if no guidelines for the upland habitat are available, using guidelines for the acquisition of mitigative wetland or other habitat areas; and

  15. Board of County Commissioners DRC Recommendations Cont’d. • The Developer shall permit Orange County or the Florida Native Plant Society to transplant the subject plants to a protected location satisfactory to Orange County. The Developer shall be responsible for any costs associated with the transplant operation, but will not assume any costs relating to a receptor site or any responsibility for the immediate long-term success of this action. • 7. 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 certificate of occupancy. • The building height shall be restricted to a maximum of two hundred (200) feet. • 9. Motorized and non-motorized boats on Lake Willis shall be prohibited. • 10. Enhanced landscaping shall be provided along the northwest boundary of the site.

  16. Board of County Commissioners District #:3 Case #:LUP-10-07-162 Applicant:Ernesto Gonzalez-Chavez for Polytechnic University of Puerto Rico PD (PUPR PD) Request:R-CE (Country Estate District) to PD (Planned Development District) Proposed Use:Institutional - Private university and ancillary uses: up to 86,142 sq. ft.

  17. Board of County Commissioners LUP-10-07-162 Zoning Map

  18. Board of County Commissioners LUP-10-07-162 Future Land Use Map

  19. Board of County Commissioners Polytechnic University of Puerto Rico (PUPR) PD Land Use Plan

  20. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to the following conditions:

  21. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Polytechnic University of Puerto Rico (PUPR) PD Land Use Plan dated “Received December 3, 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 "Received December 3, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

  22. 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. Outdoor storage and display shall be prohibited. 4. 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.

  23. Board of County Commissioners DRC Conditions of Approval Cont’d. • 5. The Developer shall obtain water and wastewater service from Orange County Utilities. • 6. Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5. Ancillary uses are not permitted any external (roadway) signage. • 7. 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. • This project is located in the Alternative Mobility Area (AMA) and will be required to meet mobility standards. The applicant must submit a Planning Context Assessment Study to be reviewed and approved by Transportation Planning, prior to submittal of a Development Plan (DP) to the DRC.

  24. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to eight (8) conditions.

  25. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Polytechnic University of Puerto Rico PD Land Use Plan dated “Received December 3, 2010,” subject to the eight (8) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  26. Board of County Commissioners District #:1 Case #:LUP-09-11-002 Applicant:Jim Hall for NadeenTanmore II PD Request:A-2 (Farmland Rural District) and PD (Planned Development District) (NadeenTanmore II PD, 1991, & Sierra Land PD, 1999) to PD (Planned Development District) Proposed Use:Hotel: 2,099 rooms and 180,00 sq. ft. of convention facilities Timeshare: 897 units Tourist Commercial: 100,000 sq. ft.

  27. Board of County Commissioners LUP-09-11-002 Zoning Map

  28. Board of County Commissioners LUP-09-11-002 Future Land Use Map

  29. Board of County Commissioners Nadeen Tanmore II Land Use Plan

  30. Board of County Commissioners DRC Recommendation • Make a finding of consistency with the Comprehensive Plan and Approve the PD zoning subject to the following conditions:

  31. Board of County Commissioners DRC Conditions of Approval 1. Development shall conform to the Nadeen Tanmore II PD Land Use Plan dated “Received September 23, 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 "Received September 23, 2010," the condition of approval shall control to the extent of such conflict or inconsistency.

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

  33. Board of County Commissioners DRC Conditions of Approval Cont’d. • 5. Residential units shall be prohibited. • 6. On Parcels 3 and 4, all buildings shall be constructed at the 35-foot • setback from International Drive. No parking areas shall be located within the 35-foot setback from International Drive. • On Parcels 3 and 4, parking shall be limited to 110 percent of the maximum permitted per the Orange County Code. • 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. • Billboards and pole signs shall be prohibited. Ground and fascia signs shall comply with Ch. 31.5 (T-C) standards. • 10. Outdoor sales, storage, and display shall be prohibited.

  34. Board of County Commissioners DRC Conditions of Approval Cont’d. • 11. A waiver from Section 38-1300 of the Orange County Code is granted to allow an increase in height for hotel and timeshare uses from 200 feet to 250 feet for Parcel 4, to be consistent with the previously-approved 250-foot height on the balance of the PD. • 12. The following conditions were previously included in the Sierra Land DRl and NadeenTanmore II DRl Development Orders which are being rescinded concurrently with this change. These former ongoing conditions are now incorporated into the NadeenTanmore II PD and are listed as follows: • The Project shall consist of 2,099 hotel rooms, including 180,000 square feet of convention facilities, 897 timeshare units, and 100,000 square feet of commercial use on 130.32 acres and shall include not less than 25% of open space in accordance with Orange County’s Planned Development zoning district ordinance. • B. Tourist Commercial uses shall be those consistent with Policies 1.1.3 and 1.1.6 of the International Drive Activity Center Element of the Orange County Comprehensive Plan.

  35. Board of County Commissioners DRC Conditions of Approval Cont’d. C. The Developer shall comply with the Orange County Concurrency Management System, as amended, for any non-vested trips. The Developer shall comply with the Orange County Transportation Impact Fee Ordinance, as amended. D. In the interest of safety, and to promote alternative forms of transportation, the Developer will provide a safe and convenient system for cyclist and pedestrian circulation on-site. On-site bicycle and pedestrian systems shall be connected at Project entrances with the ten (10) foot wide bicycle/pedestrian facility along World Center Drive. The provision of showers and lockers for employees is strongly encouraged at places of employment. E. Transit passenger shelters and transit parking bays shall be constructed where necessary to augment and facilitate the operation and comfortable use of off-site public transit. The Developer shall provide for bus shuttle systems which service hotel patrons and shall operate between the Project and Orlando International Airport and between the Project and major area tourist attractions.

  36. Board of County Commissioners DRC Conditions of Approval Cont’d. • The Developer shall make known to employees that the NadeenTanmore II area is served by an existing transit and ridesharing program operated by LYNX. Current transit and ridesharing information shall be prominently displayed in all public gathering areas, in employment centers and in commercial center areas. • The following provisions will be required of the Developer: • 1) Appropriate signage and sufficient area lighting at all bus stops and • shelter locations. • 2) Transit schedule and information displays will be provided, at a • minimum, at each on-site bus stop. • 3) Maintenance of transit amenities shall be the responsibility of the • property owner or the property owner’s association. • 4) Details, standards, and phasing of all transit amenity provisions must • be approved by LYNX. • 5) Pedestrian movement between bus stops shall not exceed 1,300 feet.

  37. Board of County Commissioners DRC Conditions of Approval Cont’d. • G. In order to minimize the impacts to the roadway network, parcels within the Project shall, subject to environmental constraints, be interconnected to adjacent developments to the maximum extent feasible as determined by the County. This access is for ease of movement and maintenance of International Drive traffic capacity and specifically is not intended to provide a primary means of ingress and egress to any other property. Any adjacent development must have separate means of ingress/egress to Orange County standards. The Developer shall cooperate with any County supported efforts to continue roadways from or through the site with other roadway facilities that are hereafter endorsed by Orange County. • H. Prior to approval of a PSP/DP, a habitat survey dated within the previous twelve (12) months will be required. If any wildlife or plants listed as threatened, endangered, or species of special concern are found on site, a management plan and proper permits shall be approved by the appropriate regulatory agency (USFWS/FFWCC) and submitted to the Orange County Environmental Protection Division.

  38. Board of County Commissioners DRC Conditions of Approval Cont’d. • I. The Developer shall agree to utilize reclaimed water for landscape and green area irrigation if it is available. • J. To minimize dependence on ground irrigation and to promote retention of wildlife habitat, xeriscape principles of landscaping using native vegetation (see xeriscape plant guide published by the South Florida Water Management District) shall be utilized in areas not subject to reclaimed water irrigation. Ecologically viable portions of natural upland plant communities shall be preserved and maintained in their original state to the greatest practicable extent. • K. To meet the non-potable water use demands, the development shall use, in order of priority: (a) all treated wastewater made available to the site; (b) treated stormwater, and; (c) non-potable quality groundwater unless prohibited by the Florida Department of Environmental Protection or the South Florida Water Management District. • L. For the purpose of potable water conservation, the project shall utilize low water use plumbing fixtures, self-closing and/or metered water faucets, and/or other water conserving devices.

  39. Board of County Commissioners DRC Conditions of Approval Cont’d. M. Access rights along International Drive shall be dedicated to Orange County, except at approved locations. N. Left turn lanes shall be provided along International Drive at the median openings. O. The stormwater management system shall be designed to comply with the Orange County Code and the requirements of the South Florida Water Management District. P. The Developer shall establish and implement an inspection and maintenance program for all components of the surface water management system for the project site, to include schedules for the performance of: (a) Stormwater facility operating inspection on a regular basis (e.g., quarterly) and following major rainfall event (e.g. ½ inch of rainfall) for the removal of excessive sediment, debris, or other flow obstructions; (b) routine maintenance activities (e.g., mowing, trash removal, etc); (c) ongoing education programs for maintenance staff personnel regarding the correct usage of application rates for fertilizers and chemicals (e.g., herbicides near the stormwater management facilities), the removal of noxious weeds and retention of desirable aquatic

  40. Board of County Commissioners DRC Conditions of Approval Cont’d. • vegetation, and correct procedures for other maintenance/landscaping related activities which have the potential for adversely affecting surface or groundwater quality conditions on the project site. • The Developer will incorporate additional water quality treatment and/or water management methods into the project’s surface water management system to correct or mitigate any degradation if the measures implemented by the Developer are found to be ineffective or adversely impacting water quality/quantity conditions on or downstream of the project site. • The Developer shall ensure that if a property owners’ association is proposed to assume operation and maintenance responsibilities for the surface water management system, then the proposed property owners’ association shall be created with defined duties and responsibilities regarding the operation and maintenance of the surface water management system. The property owners’ association shall have sufficient legal authority and power to establish the mandatory collection of fees and/or assessments from all property owners for use in financing the operation and replacement and maintenance of property’s surface water management system.

  41. Board of County Commissioners DRC Conditions of Approval Cont’d. • S. The Development Guidelines of the International Drive Activity Center shall apply to the subject property for future development. Existing development on Parcels 1 and 2 shall not be required to meet the current International Drive standards for paving setback and parking orientation. • T. To ensure consistency with the International Drive Activity Center Plan and the Comprehensive Plan, if the housing linkage program is in place prior to development plan approval, development shall be conditioned upon the development of residential units within the area designated as Activity Center Residential on the Future Land Use Map unless a developer’s agreement addressing housing linkage is executed. • Parcel owners shall be required to participate in a property owners’ association upon its creation. • The property is located within the International Drive Activity Center as adopted in the Orange County Comprehensive Plan and, as such, development on the property shall be subject to:

  42. Board of County Commissioners DRC Conditions of Approval Cont’d. • 1) A funding mechanism, such as but not limited to an MSTU(s) and/or • MSBU(s), for financing underground utilities and lighting along major • roads, including International Drive; • 2) A funding mechanism, such as but not limited to an MSTU(s) and/or • MSBU(s), for financing maintenance of landscaping on public right-of- • way, including International Drive. • A twenty (20) foot wide pedestrian/landscape/utility easement and a fifteen (15) foot wide transit easement, for a total of thirty-five (35) feet, shall be included in the development plan as specified by the International Drive Activity Center Plan, along both sides of International Drive (with the transit easement closest to International Drive). • Sidewalks shall be a minimum of ten (10) feet wide along all major roads. • Electrical distribution lines shall be underground. • Fire flow shall meet Orange County standards.

  43. Board of County Commissioners DRC Conditions of Approval Cont’d. AA. The following Trip Equivalency Matrix, included on the PD Land Use Plan, may be utilized for the exchange of commercial square footage, hotel/motel units, or timeshare units from one approved land use to another in accordance with the formulas or exchange rates contained in the Equivalency Matrix. The exchange rates and formulas contained in the Equivalency Matrix ensure that the total traffic impacts of the PD will remain unchanged or below the maximum impacts approved.

  44. Board of County Commissioners DRC Conditions of Approval Cont’d. • BB. Total trips shall not exceed 32,628 vested average daily trips. • 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 certificate of occupancy. However, nothing in this condition and nothing in the decision to approve this development plan shall be construed to mean that the applicant will be able to satisfy the requirements for obtaining a capacity encumbrance letter or a capacity reservation certificate.

  45. Board of County Commissioners P&ZC Recommendation • Make a finding of consistency with the Comprehensive Plan and approve the PD zoning, subject to thirteen (13) conditions.

  46. Board of County Commissioners Action Requested • Find the request consistent with the Comprehensive Plan and approve the Nadeen Tanmore II PD Land Use Plan dated “Received September 23, 2010,” subject to the thirteen (13) conditions as stated in the Planning and Zoning Recommendations of the staff report.

  47. Board of County Commissioners PUBLIC HEARING

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