Post Lake at Baldwin Park Phase III

MPL2011-00033SUB2011-00024

Orlando City CouncilMonday, February 6, 2012

Development Applications

1. MPL2011-00033

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

2. SUB2011-00024

Application for Final Subdivision Plat

Single lot (Lot 1900) Baldwin Park Unit 8B Containing 11.858 acres

Site Background

Lot 1900

Lots 206 & 207

SPMP procedural history

1. MPL2008-00009 – Phase III on Lot 1900 BPTDRC – March 31, 2008, approved Council – April 21, 2008, approved

2. MPL2008-00010 – Phase IV on Lots 206/207 BPTDRC – April 24, 2008, approved Council – May 19, 2008, approved

3. BLD & Final Site Plan – 20114. Request for PO Determination – July 8, 2011

SPMP procedural history

5. LDC2011-00158 – August 15, 20116. Appeal of POD – September 14, 20117. MPB – October 18, 2011

Unanimous denial of appeal8. QJ2011-005 – October 25, 20119. POD withdrawn – November 21, 201110.Hearing Officer dismiss – December 2, 2011

SPMP procedural history

11.MPL-2011-00033 – November 21, 2011 BPTDRC – January 11, 2012, approved

12.City Council – February 6, 2012 Final agency action

Scope of Council Review

Quasi-Judicial MinisterialLegislative

More government discretion

Less government discretion

Less site-specific or

more general in application

More site-specific or

more particularized in application

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

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

Scope of Council Review1. PD Ordinance – Approved July 27, 19982. Infrastructure Master Plan (MPL2000-00001) – Approved December 15, 20003. Westside Neighborhoods Master Plans Package 1 (MPL2000-00031) –Approved March 22,

20014. Landscape Master Plan (MPL2001-00005) – Approved April 26, 20015. Lake Susannah Neighborhood Master Plan (MPL2003-00020) – Approved October 22, 20036. Amendment I to the Lake Suzannah Neighborhood Master Plan (MPL2003-00020) – Approved

August 26, 20047. 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)

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

Manner of ownership

Multifamily v. single family Detached v. attached dwelling units

Sec. 3.18 General Notes (PD ordinance)Residential Ownership MixThe development of residential use shall be designed to produce an initial residential ownership minimum of 60% owner-occupied units.

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”

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

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

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.

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

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