1. 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 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

2. 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

3. 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 DesignationMaximum 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-__

4. 2009-D-4-1 Location map

5. 2009-D-4-1 Future Land Use

6. 2009-D-4-1 Aerial

7. 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.” 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.”

8. 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 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

9. 2009-D-4-1 Proposed Land Use Plan

10. 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 vehiclesTemporary mobile homes, travel trailers and recreational vehicles Community residential homes Community residential homes Boarding, lodging, and rooming houses Boarding, lodging, and rooming houses Commercial kennels (livestock) Commercial kennels (livestock) Meat packing plants/animal slaughtering Meat packing plants/animal slaughtering Paper mills Paper mills Asphalt manufacturing, cement plants, concrete block manufacturing Asphalt manufacturing, cement plants, concrete block manufacturing Lubricating oils and greases manufacturing Lubricating oils and greases manufacturing Rubber and tire manufacturingRubber and tire manufacturing Blast furnace manufacturing, manufacturing of iron, steel, and aluminum, smeltingBlast furnace manufacturing, manufacturing of iron, steel, and aluminum, smelting Dismantling boats, marine wreckingDismantling boats, marine wrecking Junk, salvage, or wrecking yards, sales and storage of wrecked carsJunk, salvage, or wrecking yards, sales and storage of wrecked cars Airports, airplane landing facilities, aircraft maintenance, seaplane baseAirports, airplane landing facilities, aircraft maintenance, seaplane base Helicopter landing facility, vertiport, airship/blimp hanger facility and hangersHelicopter landing facility, vertiport, airship/blimp hanger facility and hangers Pipeline transportation of petroleum and other commoditiesPipeline transportation of petroleum and other commodities Substations, telephone switching stationsSubstations, telephone switching stations

11. 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 sludgesPower 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 stationTransfer stations other than household waste transfer station IncineratorIncinerator Testing and research of incineratorsTesting and research of incinerators Aluminum recycling collection drop-off sitesAluminum recycling collection drop-off sites New and used car dealers (automobiles, pickups, and vans)New and used car dealers (automobiles, pickups, and vans) Truck stops and bus terminalsTruck stops and bus terminals Boat dealerships and manufacturingBoat dealerships and manufacturing Recreational vehicle and commercial vehicle sales, service and storageRecreational vehicle and commercial vehicle sales, service and storage Hotels, motels, timeshare unitsHotels, motels, timeshare units Crematories (human or animal)Crematories (human or animal) Labor pools and labor hallsLabor pools and labor halls Truck rental, sales and leasingTruck rental, sales and leasing Car rental and leasingCar rental and leasing Enclosed mechanical garages, bus, cab, truck repair and manufacturingEnclosed mechanical garages, bus, cab, truck repair and manufacturing Automobile towing servicesAutomobile towing services Bottle clubs, Cocktail Lounges, Liquor stores, Tobacco ShopsBottle clubs, Cocktail Lounges, Liquor stores, Tobacco Shops Outdoor auctions, auto auctionsOutdoor auctions, auto auctions

12. 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 marketsOpen air markets Psychiatric hospitalPsychiatric hospital Alcohol and drug treatment, AIDS treatment, outpatient clinicsAlcohol and drug treatment, AIDS treatment, outpatient clinics Crisis center, juvenile group homes, children’s homes, alcohol rehabilitation centers, halfway homes for delinquentsCrisis center, juvenile group homes, children’s homes, alcohol rehabilitation centers, halfway homes for delinquents Privately run adult correctional facilities and prisonsPrivately run adult correctional facilities and prisons Jails, correctional institutionsJails, correctional institutions Arcades, video gamesArcades, video games Indoor gun ranges, shooting galleries and rangesIndoor gun ranges, shooting galleries and ranges Outdoor gun ranges/private clubs, shooting galleries and rangesOutdoor gun ranges/private clubs, shooting galleries and ranges Pawn Shops, Tattoo ParlorsPawn Shops, Tattoo Parlors Water and Wastewater Treatment Plants and active land fills within ¼ mile of existing schoolWater and Wastewater Treatment Plants and active land fills within ¼ mile of existing school Any use that exceeds 60 decibels at the school property lineAny use that exceeds 60 decibels at the school property line

13. 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 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

14. Zoning Map

15. Future Land Use Map

16. AIPO Land Use Plan

17. 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.

18. 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

19. 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.

20. 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.

21. 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 ComprehensivePlan policy:

22. 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.

23. 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- -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 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. 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- -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 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.

24. 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 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