HomeMy WebLinkAboutVI (B) Amendment to Preliminary Site Plan and Final Site Plan for Esplanade Apartments at Plantation Grove Agenda 6-15-99
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"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" IFi rn OR•COMMISSIONER
S. SCUFF VANDERGRIFT
Ocoee
61/4 COMMISSIONERS
CITY OF OCOEE DANNY HOWELL
y 150 N. LnKEsnoRE DwvE SCOTT ANDERSON
2 RUSTY]OHNSON
v m O OCDLE, FLDRIDA 34761-2258 NANCY J.PARKER
(407)656-2322
st• or(MANAGER
OF GOO°N` ELLIS SHAPIRO
STAFF REPORT
DATE: June 9, 1999
TO: The Honorable Mayor and City Commissioners
FROM: Robert Lewis,AICP, Senior Planner .A.
THROUGH: Russ Wagner, AICP, Director of Planning
SUBJECT: Esplanade Apartments
Preliminary and Final Site Plan Amendment (Brick Wall)
Project# 97-003
ISSUE:
Should the Mayor and City Commissioners approve a request to amend the Preliminary and
Final Site Plans for the Esplanade Apartments, changing the brick wall along Maguire Road to a
decorative block wall which looks like stone?
BACKGROUND:
The subject property is located behind the Plantation Grove shopping center, near the northeast
corner of Maguire Road and Moore Road. The site has frontage on Maguire Road, but the main
entrance is on Bridge Creek Boulevard, with secondary entrances on Moore Road and at the rear
of the shopping center. The Preliminary Site Plan for the Esplanade Apartments was approved
by the City Commission on July 21, 1998 and the Final Site Plan on December 15, 1998.
DISCUSSION:
When the Preliminary Site Plan for the Esplanade Apartments was going through the review
process, the applicant was proposing to build a wall covered with stucco, but with stone columns
to meet the buffer requirement along Maguire Road. For reference, a photocopy of the detail
from that plan showing the proposed stucco wall with stone columns is attached as Exhibit "A".
Staff had informed the applicant that the City Commission usually requires a brick wall for this
kind of buffer, but since the proposed stucco/stone wall met the Code requirements, staff did not
object. When the Preliminary Site Plan was reviewed by the Planning and Zoning Commission
at a public hearing, there were no objections to the proposed stone wall buffer. During the public
hearing on the Preliminary Site Plan with the City Commission, the Commission added a
Condition of Approval stating that the wall along Maguire Road would be constructed with
brick. For reference, the minutes of that public hearing are attached as Exhibit"B".
at/
June 9, 1999
Honorable Mayor and City Commissioners
Page 2
When the Final Site Plan was prepared, the Maguire Road wall was changed to a brick wall
according to the City Commission's Condition in the Preliminary Site Plan approval. A
photocopy of the detail from that plan showing the proposed brick wall is attached as Exhibit
The Developer has requested that the approved Preliminary and Final Site Plans be amended to
show a decorative block wall that looks like stone, rather than a brick wall along Maguire Road.
A drawing showing the proposed wall is attached for reference as Exhibit "D". As with the
originally proposed stucco/stone wall, the proposed decorative block wall meets the Code
requirement for the buffer along Maguire Road. The Developer has indicated that he will bring
an example of the new"stone"wall to the public hearing for reference.
STAFF RECOMMENDATION:
Since the brick wall which was a Condition of the approved Preliminary Site Plan and part of the
approved Final Site Plan meets the Code requirement for the buffer along Maguire Road, and the
proposed decorative stone-like block wall also meets the Code requirement, this is a policy issue
to be decided by the City Commission.
Attachments: Location Map
Exhibit"A" - Original Proposed Stucco Wall with Stone Columns
Exhibit"B" - Minutes from Preliminary Site Plan Approval
Exhibit"C" - Brick Wall from the Final Site Plan
Exhibit"D" - Proposed Decorative Block Wall that Looks Like Stone
Public Hearing Advertisement
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Ocoee City Commission Regular Meeting Exhibit "B" - City Commission Minutes from
July 21, 1998 Preliminary Site Plan Approval
THE ESPLANADE C PLANTATION GROVE PUD, PRELIMINARY SITE PLAN.
Director of Planning Wagner explained that the previous presentation dealt with the overall
general parameters of the development plan of the entire project, while this portion would
consider the site plan - specific placement of the buildings, roadways, parking lots, etc. of the
development. He gave a brief description of the actual plans on an overhead projector pointing
out the changes consistent with the proposed amendments to the Ordinance. He said there had
been multiple traffic studies done and with the future widening of Maguire Road and with
placement of traffic signals at Moore/Maguire Roads the traffic should not be a problem.
However, if it should become a problem the developer would pay 50% of the cost of an additional
light at Bridge Creek Blvd. He also said that the few three-story multi-family units would be
imbedded in the two-story units. He then briefly explained the traffic patterns and landscaping
inside the development. Mr. Wagner said the portion of Moore Road that was never vacated
when the road was re-aligned would be included now with this Preliminary Site Plan.
Mr. Wagner advised that on June 3, 1998, the DRC voted unanimously to recommend approval;
on June 24, 1998 the Planning and Zoning Commission, after a public hearing, voted 4-1 to
recommend approval. Mr. Wagner noted that the comments received at the public hearing, with
staff responses, were included in the packet of information for this meeting. Staff recommended
approval of The Preliminary Site Plan for the Esplanade at Plantation Grove, subject to City
Commission approval of the vacation of the road right-of-way for the old alignment of Moore
Road, and subject to approval of the amendments to the Plantation Grove PUD.
Commissioner Howell asked why the original setback was set at 25 feet as he was concerned
because of recent flooding caused by heavy rains. Mr. Wagner explained they could not find a
technical reason for the original setback limit and elevation of the retention ponds was more
important than the distance. Commissioner Howell also asked if the traffic light was warranted at
Bridge Creek Blvd.
Mr. Whit Blanton, TransCore, responded that the light was not warranted at this time.
Mr. Scott Clark, Attorney, 369 North New York Ave., Winter Park, said he and Tom Daly have
been with the project since 1988 and had tried to develop a quality project for multi-family for
more than a year. Mr. Clark said they had attended many meetings and, in response to both
citizen and City Staff requests, had made many changes in the plan, going through a long process
to come to this point.
Mr. Tom Daly, T. Daly Design Group, 641 W. Fairbanks, Winter Park, as agent for the
landowners and developers of this application, said that many things had been done to the
Maguire Corridor since 1988. He said that what they did 10 years ago regarding vesting plan,
access points, drainage, utilities, and site design compared to what the State Road 50 Activity
Center is trying to accomplish now. Mr. Daly showed the plan that was amended in 1992
(originally designed in 1988), and explained how in the last ten years the market has changed and
that quality is no longer based on square footage, rather the market has leaned more toward a
residential look with village concept. He said the 650 sq. ft. unit would only pertain to one model
which is called a carriage house, a two-story product with a garage underneath and apartments
9
Ocoee City Commission Regular Meeting
July 21, 1998
designed for one person occupation on top. There would be 63 such units out of 447 total units,
some as large as 1,300 sq. ft., with an average unit size of 1,000 sq. ft. He stated that they
thought they addressed the quality issue in a manner other than by square footage. I-le said from
the five meetings held with neighboring homeowners the questions that came up were concerned
with traffic, access points, quality of the development and visual impacts. He gave a brief
description of how they addressed each of these issues. He said the project would also match the
existing landscape and architecture to tie it all together as one project.
Mr. Clark said in order to do this site plan and retain the quality that the developer would like,
the number of units has been decreased, and certain things that were asked for have been added,
but they requested that certain design constraints be amended to make the project work. In
response to earlier questions regarding the 650 sq. ft. units and the 15 foot setbacks, Mr. Clark
said that adjusting square footage in one area would require changes to other areas and they
would not be able to maintain the design features of the project. Addressing the issue of
common access, Mr. Clark said when the parcel was sold to Pizzutti for single family units,
agreements were obtained from them to put in the entrance to serve both the single-family and
multi-family projects. He said the developer has made many concessions to provide a quality
development. Mr. Clark also reserved his right to speak again at the close of the public hearing.
The public hearing was opened and City Attorney Rosenthal suggested the Commission take
comments on both the PUD and the Site Plan.
Ms. Rosemarie Morganto, 11012 Graneshire Ct., Windermere Groves, asked about flood control
and what type of wall would be constructed. She also stated that they need the traffic light now.
Mr. Daly replied that it would be a block wall with stucco finish. She commented on the 650 sq.
ft. being too small.
Ms. Kimberly Christoefl, 572 Bridge Creek Blvd., said that no plan was submitted for approval
complying with the original requirements and she spoke briefly of her objections to specific items,
including the proposed amendments.
Ms. Leslie Hatfield, 506 Bridge Creek Blvd., stated she believed she was purchasing a single
family home in a single family area, that she had not been informed otherwise, and as a first time
home buyer was unaware of appropriate questions to ask. She said she did not want an apartment
main access road on a neighborhood street, and would like to see it moved to a different location.
Mr. Doug Smith, 2471 Quiet Waters Loop, representing a group of Cross Creek property
owners (in the audience, indicated by show of hands, most of audience) displayed drawings using
the overhead projector, showing three possibilities for a proposed entry making Cross Creek a
gated community. He was not pleased with two of the options, but indicated his first drawing
moving gates down closer to Wickdale Court would accomplish their goal of separating the
apartment dwellers' entry from the single family entry to Cross Creek. He asked the Commission
to require the developer to modify the plan to allow exclusive gating for the Cross Creek
subdivision and asked for a postponement in order for them to work with the developer on this
issue. The drawings were given to the City Clerk for the file.
I0
Ocoee City Commission Regular Meeting
July 21, 1998
Mr. Larry Cooper, 518 Bridgecreek Blvd., agreed with Mr. Smith on the gate issue. He also
commented on Mr. Wagner's remarks concerning the expansion of Maguire Road, and urged the
City to put in the second traffic light. He then showed his rendering of the three-story apartment
buildine. He asked if there were any provisions concerning sub-leasing. Mayor Vandergrift said
that this was covered in the City Code, but it was difficult to enforce. Mr. Cooper said that he
thought everyone in the room believed they were part of the development, as developers and
participants in the homeowners association they deserve full consideration and in fact anything
they have to say should be considered as competent developers. The rendering was also given to
the City Clerk for the file.
Ms. Deborah Thompson, 462 Fern Meadow Loop, agreed with Doug Smith and said she
wanted one gate for one community.
Mr. Rod Talbot, 2254 Wickdale Court, expressed concern with the added recreational activity'
that the apartment complex will bring through their neighborhood, such as bicycle riders, and said
he sees the gate as a deterrent to this.
Mr. Carl Trainer, 501 Bridgecreek Blvd., asked if the close proximity to the water with the 15
foot setbacks would cause the buildings to have mold and mildew problems. He expressed
concern with resale value of his property as long as this was not a gated community, and with
future development of commercial property to the other side. He said the small units were not as
upscale as the developers claim due to the fact that they can be tax credit property for limited
income renters.
Mr. Peter Spence, 435 Fern Meadow Loop, echoed what others before him had said, but pointed
out that Cross Creek does not belong to them just because they have made their homes there, and
the bridge is only 50%theirs.
Ms. Rosemary Crociata, 2293 Wickdale Ct., said she did not think there would be a way to gate
the community, and control who comes and goes. She bought her home 4 months ago but was not
informed about the apartment development.
Mayor Vandergrift talked about the Ordinance that was passed by this Commission to protect
home buyers from being uninformed and Commissioner Glass said that sales offices must post
the advice displaying the planning and zoning department telephone numbers. Mayor
Vandergrift said he would have the Code Enforcement Department check on this.
Ms. Cindy Schlosser, 2281 Wickdale Ct., said the homeowners association is in a period of
transition and asked that the approval be postponed until they have an opportunity to be organized
and have representation equal to the developers.
Ms. Deborah Belzer, 357 Bridgecreek Blvd., said she is concerned about the heavy traffic from
Maguire Road and what the traffic would he with added vehicles from an apartment complex also
coming into their entrance.
Ocoee City Commission Regular Meeting
July 21, 1998
Mr. Gary Comstock, 524 Golden Moss, said he was told that the apartment complex would be
small and accommodate 64 families primarily for the elderly.
Mr. John M. George, 474 Farm Meadow Loop, listed the items already covered in the
discussion, and said he was particularly concerned about child safety going to school and thought
the apartments also will be a security problem.
Ms. Carol Comstock, 524 Golden Moss Loop, supported Doug Smith's proposal on the gate
relocation, and would also like to see a brick rather than stucco wall, due to the maintenance and
appearance.
Mr. Jeff Polashak, 554 Bridgecreek Blvd., and Mr. Shane Newberg, 260 Bridgecreek Blvd.,
both agreed with prior speakers.
Ms. Cyndi Zavodny, 2397 Cliffdale St., said that the homeowners pay a maintenance fee for the
upkeep of the entrance to the subdivision and she did not realize when the apartments would be
built that they would share this same entrance. She also thought the square footage of the garage
space might be better used as living space.
Ms. Martha Lopez-Anderson, 2438 Alclobe Circle, said she does not live in Cross Creek but
thought this might set a precedent for the future use of land in the City, and does not think multi-
family units have a positive impact on a community.
The public hearing was closed.
Mayor Vandergrift asked for closing comments from the developer. Mr. Clark said he would
not repeat information he had already presented but he pointed out that the Commission had
approved the concept years ago and the apartment complex will be built; however they needed
some concessions. He expressed sympathy for the homeowners who were not informed about the
zoning and pending development, however, he said the Drs. Ferdinand were not the people who
misinformed the home-buyers, and they have documented the development plans since the
inception. He said they have paid for the use of the entry and intend to use it, and asked the
Commission to approve the amendments.
Commission Howell asked what the citizens thought would be built there. Doug Smith said he
asked what was planned for the community when he bought his home and was told they had no
idea.
Commissioner Anderson said that the Ferdinand's planned this very well, they sold the land to
another developer, who developed the single-family homes first, then developed the multi-family
later. Conversely done, it would not have been as profitable. He also said that the setbacks
should remain to provide sunshine for the trees. He expressed concern about exhaust fumes from
the garage going into the apartments in the carriage house units, and asked if that had been
considered. Mayor Vandergrift suggested that carbon monoxide detectors be installed.
Commissioner Anderson raised the question concerning police protection on the private roads.
12
Ocoee City Commission Regular Meeting
July 21, 1998
Mr. Shapiro said Commissioner Glass had asked the City to look into an agreement with the
homeowners association giving police powers to the City over the private roads. Commissioner
Anderson wanted to know if the retention ponds on the land use plan could be moved. Mr. Daly
replied that the ponds on the Preliminary Site Plan are the ponds they intend to construct.
Commissioner Glass commented that he would like to have been here a dozen years ago to
speak against the original plan. He said this is not a bad project but there are some things that
need some work, such as inadequate recreation facilities and the gating problem. He proposed
continuing the public hearing for a few weeks to give the developer an opportunity to work out the
gating problem. Mr. Daly and Mr. Clark said that they could reach a solution to the gating
problem if they could caucus with the developers during a recess.
Commissioner Parker said that there was not much left to comment on that has not already
been said, but she did not like the lack of communication between the salespeople and the
developer and thinks there is a lack of integrity when all of the facts are not revealed. She said if
the developers were honest with people they would not have situations such as this, and they
would make more money.
Mayor Vandergrift, speaking as a member of the real estate industry, applauded Commissioner
Parker for her comments about integrity. He asked for fountains in the complex and said he also
thought they needed more recreational facilities in the apartment complex. He noted that, during
the many meetings, he had observed the developer try to meet the issues raised by the
homeowners and he called a recess to give the representatives and developers an opportunity to
confer regarding the gating issue.
Recess 11:22-11:40 p.m.
Mr. Clark said, after discussion with the City Engineer and the home owners, they had no
objection to moving the apartment entrance 50 feet toward the west to accommodate the gate
entry, subject to the proper engineering.
Commissioner Glass asked Whitt Blanton to comment on the feasibility of the changes discussed
during the break.
Mr. Blanton said he had looked at the concept and if there was a minimum of 200 feet between
Maguire Road and a gate it would not cause any traffic operations problems, but serious
consideration should be given to the fact that this may jeopardize ever having a traffic signal.
From an operational standpoint it would be acceptable to have no signal. He said at this time a
signal is not warranted there.
Mr. Daly also added that they have decided to use brick instead of stucco on the exterior
surrounding walls.
13
Ocoee City Commission Regular Meeting
July 21, 1998
City Attorney Rosenthal clarified for the record that the proposal now accepted by the
developers to propose to the Commission was the concept from the drawing submitted by Doug
Smith now labeled drawing No. 1. (See Exhibit A attached to these minutes.)
Commissioner Howell expressed appreciation to the people who have made an effort to
accommodate the home owners and citizens.
Commissioner Glass. seconded by Commissioner Howell, moved to approve the Preliminary
Site Plan for the Esplanade n, Plantation Grove Case No. 97-003 as date stamped received by the
City on June 9. 1998 subject to City Commission approval of Ordinance No. 98-14 and approval
of the application to vacate the road right-of-way for the old alignment of Moore Road under
agenda item 6.E and subject to the additional items. (1) bricking of wall facing Maguire Road. (2)
relocation. subject to final engineering approval, of the entrance off of Bridge Creek Blvd. 50 feet
(more or less) to the west. toward Maguire Road, to accommodate gating as proposed in
(residents proposal) exhibit #1. with the last two additions to be incorporated as notes into the
Preliminary Site Plan and that the Final Site Plan be consistent with those notes. Motion carried
5-0.
ORDINANCE NO. 98-14 PLANTATION GROVE PUD LAND USE PLAN AMENDMENT.
City Attorney Rosenthal read this Ordinance by title only, and announced that in the prior public
hearing relating to the Preliminary Site Plan, all of the items and comments in that public hearing
are incorporated and made a part of the second public hearing on this Ordinance No. 98-14; also,
his memorandum dated July 21, 1998, includes a revised version of Ordinance No. 98-14 which
shows changes the planning department has recommended to incorporate either as an amendment
or into the initial motion. He said that the developer had asked for clarification on "retail
commercial" and"commercial" land uses under PUD and he asked Mr. Wagner to address this.
Mr. Wagner said that, on the existing portion of the development (Shopping Center), they had
responded to requests concerning types of uses permitted in the commercial area that community
commercial (C-2) was the appropriate guideline for uses, as general commercial is more
appropriate for along the highway. Service stations are permitted as a special exception in C-2,
generally approved subject to certain landscaping, signage, etc. restrictions. Staff has
recommended that Commission formally adopt C-2 as the guideline for all the rest of the
commercial development in that subdivision.
The public hearing was opened.
Mr. Scott Clark said that, although this has nothing to do with the apartment complex, he
objected to the inclusion of the C-2 as recommended by Staff, as they have a contract for a use
that was permitted in 1992 and a vested rights certificate, but now there is a Code change that
requires them to go through the special exception process. He said he could not consent to the
change because he was bound by the contract he had already signed, and he had an obligation not
to put that use in jeopardy by bringing this before the Commission, giving them an opportunity to
say no to the permit. He also expressed concern with the wording in building size and proposed
14
Exhibit "C" - Brick Wall from Final Site Plan
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cm OF OCOEE
NOTICE OF PLIauC NEARING
TO AMEND PRELIMINARY
SITE PLAN AND FINAL SITE
PLAN FOR ESPLANADE
APARTMENTS AT
PLANTATION GROVE
NOTICE IS HEREBY GIVEN that
on June 15,1999 at 7:15 Pm.,
or thereafter as practi-
ce,/the OCOEE CITY COMMIS-
SION will bed a PUBLIC HEM.
ING I the City Commission
Chambers.150 North Lakeshore
Drive,Ocoee,swim to consid-
er amending Condllen of Ap-
proval 25 on Sheet 2 M the Rs
Granary Sae pan and Caidtlen
of Approval 20 on Sheet 3 of the
Final Site Plan.
Es-
planade Apartments at Plnts-
block wail l cinl Maguire Road
instead of a brick wag The pro-
Cr le located1aguie the northeast am l orand
Moore Road
The City Commission may cen-
time• s ae the p me hearing to other
as they deem
p interestedpet ty
shall be advlse dthat the dales
and Ones of any
ntino publicof
ing.he hewllthis or l be announced during
at nO further
rotiw regarOngp and these rriebere
wit be published.
pear MY t0 the paublic hearing andd
(Heed aDe mendment 101he t a&.
lim'Nry Sile Plan and Final Site
PI A Copy yOf the complete
lbsNOc0e0 Plann ge ing Ddepar"
N• attween tohours Of akes OPE
• and 500 pm, Monde
through Friday.ewM legal lot
IONS.
My person who desires
ID a
pe any decision made during
the public hearing will need a
record of the proceedings arid
d
ensure tha verbatim record of
t roceedings
is made which
includes the testimony and evi-
dence upon which the appeal is
based.Persons withdisabilities
needing assistance to partici-
pate In any Of proceedings
should contact()thee thehosi City
the heanng at(40715562322
�ov�.CM Cork
Jurca 1999
CORTE/5274 JUNE 4.1999