Summary:
Applicant Kathy Hattaway filed an application on behalf of D.R. Horton, Inc. (the "Applicant") for approval of an amendment to the East Park Planned Development to replace the previously approved 54 residential units and conservation zoning with 60,000 square feet of office and 10,000 square feet of retail use on approximately 7.3 acres of land generally located south of Dowden Road, west of State Road 417, and east of Lake District Lane (the "Property").
The City Planning Division reviewed the rezoning application (case number ZON2017-00010) and recommended approval of the application based upon conditions contained within a staff report to the City's Municipal Planning Board (the "MPB"). On June 20, 2017, the MPB held a public hearing on ZON2017-00010, after which it voted to recommend approval of the rezoning application subject to the recommended conditions contained within the staff report.
On June 27, 2017, Petitioners Jorge Figueroa and Ralph Suarez filed a Request for a Hearing Before a Hearing Officer pursuant to Article XXXII, Chapter 2, Orlando City Code. Subsequent to filing the request, the City, the Applicant, and the Petitioners negotiated the attached settlement stipulation and offer it to Council for final approval pursuant to section 2.210, Orlando City Code.
The proposed Stipulated Land Development Order approves the rezoning application (ZON2017-00010) subject to the conditions of approval contained in the Planning Division's staff report to the MPB, and the following additional conditions, as contained more precisely in the attached Stipulated Land Development Order:
1. The proposed development on the Property within Village Center 3 may not exceed 50,000 square feet of office on Parcel 1 and 7,500 square feet of retail on Parcel 2.
2. Conversion between office, retail, and residential uses is prohibited within Parcel 1 and Parcel 2 of Village Center 3 based upon any trip equivalency calculation or other means.
3. Shifting of development rights from Parcel 1 and Parcel 2 to another parcel in, or any portion of, Village Center 3 of the East Park PD is prohibited. Any request for additional development capacity must be submitted through a PD amendment.
4. The following uses shall be prohibited within Parcel 1 and Parcel 2 of the East Park PD:
a. Communication towers;
b. Billboards;
c. Intensive retail;
d. The following automotive services as defined in the City’s Land Development Code: automobile body work; automobile detailing; automotive frame repair; automobile painting; and automobile window tinting, as one of the principal uses;
e. Liquor stores;
f. Pawn shops;
g. Hookah/smoke/vape shops;
h. Medical marijuana dispensaries;
i. Tattoo, body art or body piercing establishments;
j. Laundromats;
k. Taverns/standalone bars;
l. Cocktail lounges;
m. Fortune telling, tarot card reading, palm reading and psychic services establishments;
n. Flea markets (except as operated in conjunction with a not-for-profit organization’s fundraiser);
o. Bottle clubs;
p. Car-title loan facilities (facilities which deal primarily in the issuance of loans to secure vehicle titles); and
q. Check cashing facilities (facilities which deal primarily in the issuance of cash advances based upon receipt of future wages, commonly known as "payday loans" or "payday advances.") |