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Orlando City Council Monday, February 6, 2012

Post Lake at Baldwin Park Phase III MPL2011-00033 SUB2011-00024. Orlando City Council Monday, February 6, 2012. Development Applications. 1. MPL2011-00033. 2. SUB2011-00024 . Application for Final Subdivision Plat Single lot (Lot 1900) Baldwin Park Unit 8B Containing 11.858 acres.

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Orlando City Council Monday, February 6, 2012

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  1. Post Lake at Baldwin Park Phase III MPL2011-00033 SUB2011-00024 Orlando City Council Monday, February 6, 2012

  2. Development Applications 1. MPL2011-00033 2. SUB2011-00024 Application for Final Subdivision Plat Single lot (Lot 1900) Baldwin Park Unit 8B Containing 11.858 acres • Application for Specific Parcel Master Plan approval • 410 multifamily units • Lots 1900, 206, 207 • Substantially same as MPL2008-00009 and MPL2008-00010; adopted by Council in 2008

  3. Site Background Lots 206 & 207 Lot 1900

  4. SPMP procedural history • MPL2008-00009 – Phase III on Lot 1900 • BPTDRC – March 31, 2008, approved • Council – April 21, 2008, approved • MPL2008-00010 – Phase IV on Lots 206/207 • BPTDRC – April 24, 2008, approved • Council – May 19, 2008, approved • BLD & Final Site Plan – 2011 • Request for PO Determination – July 8, 2011

  5. SPMP procedural history • LDC2011-00158 – August 15, 2011 • Appeal of POD – September 14, 2011 • MPB – October 18, 2011 • Unanimous denial of appeal • QJ2011-005 – October 25, 2011 • POD withdrawn – November 21, 2011 • Hearing Officer dismiss – December 2, 2011

  6. SPMP procedural history • MPL-2011-00033 – November 21, 2011 • BPTDRC – January 11, 2012, approved • City Council – February 6, 2012 • Final agency action

  7. Scope of Council Review More government discretion Less government discretion Legislative Quasi-Judicial Ministerial Less site-specific or more general in application More site-specific or more particularized in application

  8. Scope of Council Review • SPMP is a quasi-judicial decision • Initial burden on applicant to demonstrate by competent and substantial evidence that application is consistent with all previously adopted and applicable legislation

  9. Scope of Council Review • Prior legislation • State Comprehensive Plan, Ch. 189, Fla. Stat. • Strategic Regional Policy Plan • City’s Growth Management Plan • City’s Land Development Code • Baldwin Park PD ordinance (July 27, 1998) • Westside Neighborhood Master Plan • Lake Susannah Neighborhood Master Plan

  10. Scope of Council Review 1. PD Ordinance – Approved July 27, 1998 2. Infrastructure Master Plan (MPL2000-00001) – Approved December 15, 2000 3. Westside Neighborhoods Master Plans Package 1 (MPL2000-00031) –Approved March 22, 2001 4. Landscape Master Plan (MPL2001-00005) – Approved April 26, 2001 5. Lake Susannah Neighborhood Master Plan (MPL2003-00020) – Approved October 22, 2003 6. Amendment I to the Lake Suzannah Neighborhood Master Plan (MPL2003-00020) – Approved August 26, 2004 7. Lake Baldwin Lane (ENG 2004-01434) 8. Lake Baldwin Lane Preliminary Plat (SUB 2004-00015) 9. SPMP for Post Phase 3 (Lot 1900), 380 multifamily dwelling units (MPL2008-00009) – Approved March 31, 2008, (City Council approved April 21, 2008) 10. SPMP for Post Phase 4 (Lots 206, 207), 30 multifamily dwelling units and a leasing center (MPL2008-00010) – Approved April 24, 2008, (City Council approved May 19, 2008) 11. SJRWMD Permit No. 40-095-63752-64 (issued July 19, 2011) 12. FDEP Water Permit No. WD48-0025192-1599 (issued Sept. 7, 2011)

  11. School capacity • Audubon Park Elementary School • Residential entitlements vested before school concurrency • Baldwin Park mitigated impacts by donating 2 school sites (Glenridge M.S. & Audubon) • School impact fees • Old Audubon E.S. update

  12. Manner of ownership • Multifamily v. single family • Detached v. attached dwelling units Sec. 3.18 General Notes (PD ordinance) Residential Ownership Mix The development of residential use shall be designed to produce an initial residential ownership minimum of 60% owner-occupied units.

  13. Manner of ownership • Site plan decision based on identity of the proposed occupants is usually prohibited • Sec. 718.507, Fla. Stat: All ordinances concerning zoning shall be construed and applied with reference to the nature and use of such property, without regard to the form of ownership. • “Substantially related to land use impact”

  14. Manner of ownership • General policies encouraging home ownership are permitted • Site-specific discrimination against renters is almost always unlawful • City doesn’t track home occupancy • Even w/ Post, BP > 60% owner occupied • Ch. 2011-119, Laws of Florida • Preempts local transient rental regulation

  15. Plan is unpopular • Snyder “quasi-judicial” case • Opinions of landowners surrounding proposed development are, alone, insufficient to support denial of plan BML Investments v. City of Casselberry, 476 So.2d 713 (5th DCA Fla.) 1985. • Denial must be based on inconsistency between the application and the law

  16. Plan is unpopular When a municipality denies an application for a development permit, the municipality must cite to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. Sec. 166.033, Fla. Stat.

  17. Final subdivision plat • Plat applications are ministerial actions • Little to no discretionary authority • If statutory and local rules are met, you must approve the plat • A plat is required before development, but does not, alone, approve any particular development plan

  18. Rules of procedure • Staff report • Applicant – 5 minutes • Public testimony – 5 minutes each • Applicant’s rebuttal, if any • Close the public hearing • Questions for staff • If moving approval, please do so based upon staff’s recommended conditions of approval

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