The attached ordinance will amend the land development regulations of the Shah Planned Development, generally located north of Vineland Road, south of Windhover Drive, west of Kirkman Road and east of Peregrine Avenue, comprising approximately 3.15 acres of land. The applicant is Thomas Sullivan with Gray Robinson.

The proposed amendment addresses increased height, high rise signs and sign copy area, parking requirements, and relocates the footprint of the building. The default zoning of the PD will be AC-3 (Metropolitan Activity Center).

The Municipal Planning Board recommended denial of the Planned Development Amendment on July 19, 2016. The Owner requested an additional de novo quasi-judicial hearing held on October 19, 2016 before an independent hearing officer, and on January 23, 2017, the Orlando City Council adopted the hearing officer’s recommendation that the application was not consistent with: (1) the requirements for approval of Planned Development applications contained in the Orlando City Code; (2) the City’s GMP; and (3) the purpose and intent of the PD.

The Owner filed a petition pursuant to the Florida Land Use and Environmental Dispute Resolution Act, Section 70.51, Florida Statutes, for a special magistrate proceeding to contest the Orlando City Council’s denial of the proposed Shah PD Amendment.

The Owner concurrently filed a Petition for Writ of Certiorari in the Circuit Court to challenge the Orlando City’s Council’s denial of the proposed Shah PD Amendment; and, in accordance with Section 70.51(17)(a), Florida Statutes, the City and Owner participated in mediation conferences in an effort to amicably resolve their dispute regarding the proposed Shah PD Amendment.

Pursuant to the terms agreed upon by the parties, the Orlando City Council hereby finds that the Project is consistent with the intent and purpose of the planned development district zoning designation as established by Part 2Q, Chapter 58, Code of the City of Orlando, Florida (the “Orlando City Code”); and in accordance with the settlement agreement, the special magistrate proceeding and pending Petition for Writ of Certiorari will be dismissed upon approval of the Shah PD Amendment and expiration of any applicable appeal periods.

The City Council will be approving the settlement agreement earlier on the Council agenda on September 25, 2017.

Approve the attached Ordinance No. 2017-54 on first reading and request that the Mayor and City Clerk present the draft ordinance for second reading and public hearing at the next regular City Council meeting.