Summary:
This case arises from an application for site plan approval filed with the City of Orlando on July 22, 2014 (City Planning Case #MPL2014-00026; commonly referred to as a "Specific Parcel Master Plan"). The application was made pursuant to the regulatory procedures of the Baldwin Park Planned Development zoning ordinance dated as of July 27, 1998, and as amended from time to time thereafter (hereinafter referred to as the "Baldwin Park PD").
The application was filed by Ms. Rebecca Wilson, Esq., of the law firm Lowndes, Drosdick, Doster, Kantor & Reed, P.A., of Orlando, on behalf of her client, Presbyterian Retirement Communities, Inc. (hereinafter referred to as the "Respondent," or the "Applicant"). The Applicant is the contract purchaser of approximately 7.45 acres of land located at 2653 Lake Baldwin Lane in Orlando (the "Property"). The Property comprises Lot 1764 in Unit 10 of the Baldwin Park subdivision as depicted and described beginning at Plat Book 64, Page 29, in the Official Records of Orange County, Florida.
The application seeks site plan approval to develop the Property as a senior living facility comprised of six 5-story independent living buildings with a total of 165 units, one 2-story skilled care facility with 40 beds, approximately 300 parking spaces, and accessory amenities (hereinafter referred to as the "development," or the "project;" the development is commonly referred to as the "Westminster Baldwin Park").
In accordance with the Baldwin Park PD, the application was heard and reviewed by the Baldwin Park Town Design Review Committee (hereinafter referred to as the "TDRC") on August 28, 2014. After hearing the application, including the taking of public comment, the TDRC voted unanimously to recommend approval of the application to the City Council of the City of Orlando, Florida (hereinafter referred to as the "Orlando City Council").
Ms. Jessica Rozier timely filed an appeal of the TDRC recommendation on September 4, 2014. Ms. Rozier (hereinafter the "Petitioner") is the Petitioner in this action and owns and resides in a home across Ridley Avenue from the Property. She appeared and testified at the TDRC meeting.
In accordance with section 12.2.100 of the Baldwin Park PD, the appeal from the TDRC recommendation was heard by the City of Orlando Municipal Planning Board (hereinafter referred to as the "MPB") on September 16, 2014. After presentations by the Petitioner, the Applicant, City staff, and taking public testimony, the MPB voted unanimously to recommend upholding the recommendation of approval by the TDRC. Petitioners timely filed a request for a quasi-judicial hearing on the application pursuant to Article XXIV, Orlando City Code.
Since this action was commenced, the parties and their representatives and advisors have met and discussed on numerous occasions in an effort to accommodate each other's concerns and settle their dispute amicably. This Stipulated Land Development Order is the result of the good-faith efforts by each party to compromise.
In addition to the conditions of development contained in the Staff Report, this Stipulated Land Development Order:
1. Provides an enhanced landscape buffer between the onsite parking and adjacent residences.
2. Eliminates a row of parking spaces nearest adjacent residences.
3. Enlarges a principal building setback by 20% along the eastern property boundary.
4. Narrows a curb-cut onto Ridley Avenue.
5. Provides enhanced landscaping along Ridley Avenue.
6. Provides certain architectural and lighting conditions for development of the property. |