Shah PD Amendment Mediated Settlement Agreement Presented by: Dean Grandin Jr., AICP
Project Location North of Vineland Rd., east of Peregrine Ave., south of Windhover Dr. and west of S. Kirkman Rd.
Requested Action The applicant requested a PD amendment for: A. Increased height of a previously approved 175-room hotel from 75 ft. to 135 ft.; B. Amend locations of onsite signage to allow an additional high rise sign on the southern façade; C. Increase allowable sign area by 350 sq. ft. for the hotel; D. Change the building footprint of the hotel to match the revised development plan; E. And reduce the parking requirements for Shah PD by 14 parking spaces.
Zoning Existing Zoning Planned Development (PD) Proposed Zoning Planned Development (PD) No change in map
Future Land Use
Aerial of Site SUBJECT PROPERTY
Background History 2005 The applicant and project planner met with residents in the adjacent Sunbrook Condominium development to discuss the proposed mixed-use project with offices, retail, and a hotel. MPB failed to pass a motion to recommend approval of the requested GMP amendment (GMP2005-00003) from Neighborhood Activity Center to Metropolitan Activity Center. (which would allow for a hotel use) The applicant appealed to City Council. The City Council approved the GMP amendment
Background History 2006 Approval of rezoning from AC-N to PD through City Council for an office/retail building and hotel limited to 75 ft. in height (Doc.#0605011002) (ZON2005-00004) 2007 32,000 sq. ft. of mixed use office/retail space constructed in a two-story building on the subject site. (Shoppes at Portofino) Dec 2015 Application for a PD amendment to change the height of the proposed hotel from 75 ft. to 135 ft., allow for additional signage, changed footprint and reduced parking. (ZON2015-00056) July 2016 Municipal Planning Board (MPB) recommends denial of the PD amendment Quasi-Judicial Appeal filed by the Applicant and the hearing took place on October 19, 2016.
Background History Jan 2017 City Council adopted the hearing officer s recommendation to uphold the MPB recommendation of denial. Feb 2017 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. Feb 2017 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 the dispute regarding the proposed Shah PD Amendment.
Reconsideration of PD Amendment To reiterate, the applicant requested a PD amendment for: A. Increased height of a previously approved 175-room hotel from 75 ft. to 135 ft.; B. Amend locations of onsite signage to allow an additional high rise sign on the southern façade; C. Increase allowable sign area by 350 sq. ft. for the hotel; D. Change the building footprint of the hotel to match the revised development plan; E. And reduce the parking requirements for Shah PD by 14 parking spaces.
Mediation Process Mediator: Carlos Alvarez, Esq. Applicant: Brent Spain, Esq. Owner: Dr. Shah Meeting Dates: 1. April 12, 2017 2. May 31, 2017 3. July 14, 2017 Staff Involved: Kyle Shephard Chief Assistant City Attorney Sarah Taitt Assistant City Attorney Dean Grandin Planning Director Katy Magruder Planner II Douglas Metzger Appearance Review Official & Downtown Appearance Review Board Coordinator Terrence Miller Planner II John Rhoades Transportation Project Manager
Terms of Settlement Agreement A. Height. Height of 106 ft. + 4 ft. for architectural details such as parapets B. High-rise Signs. One high-rise sign is permitted on the eastern portion of the south façade and a high-rise sign on the southern portion of the the east façade at a maximum of 250 sq. ft. each. Letters limited to a maximum of 7 ft. tall. C. Low-rise signs. Low rise signage increased to 160 sq. ft. to match closely with what would have been allowed with the 75 ft. tall hotel approved through the original PD. This is not included in the settlement agreement, but is included in the ordinance. D. Building Footprint. Change the building footprint in its entirety to bring the massing closer to Vineland Rd. E. Parking. Per the shared use parking agreement and with the applicant's commitment to the amenities within the proposed hotel will not be marketed or rented to non-guests, staff agreed to a 15 space parking reduction for a total of 150 parking spaces for the site.
2015 Site Plan
2017 Site Plan
2015 Elevations
2017 Elevations
Council Options for Mediated Settlement Agreement 1. Approve the Settlement Agreement, and proceed to the first reading of the Ordinance No. 2017-54 on this agenda. 2. Reject the Settlement Agreement, and not hear the first reading of Ordinance No. 2017-54 on the regular agenda. Next Steps 1. Minor edits to occur to Ordinance No. 2017-54 prior to the second reading to limit location of high-rise signage, as agreed upon in the mediation process.