HomeMy WebLinkAbout06-12-01 Minutes WS
MINUTES OF THE JOINT WORKSHOP
OF OCOEE CITY COMMISSION
AND PLANNING AND ZONING COMMISSION
HELD JUNE 12, 2001
CALL TO ORDER
Mayor Vandergrift called the meeting to order at 7:32 p:m. in the Commission Chambers.
Commissioner Parker led the invocation, and Planning and Zoning Commission Chairman
Bond led in the Pledge of Allegiance to the Flag. The rolls were called and quorums were
declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Howell, Johnson (arrived 9:50
p.m.) and Parker. Chairman Bond, Vice Chairman Landefeld, Members
Christoefl, Matthys, McKey and West. Also present were City Manager
Gleason, City Attorney Rosenthal, Planning Director Wagner, and Deputy City
Clerk Green.
ABSENT: Planning and Zoning Commission Members Golden, Miller and Rhodus.
DISCUSSION
THE "DILL PROPERTY," CONCEPTUAL DEVELOPMENT PLAN
Scott Henderson, of Henderson Planning Group, introduced the other members of their team
who were present for the project: Steve Dill, the property owner and developer, Charlie True,
the engineer, Hugh Darley, the architect, Darrell Spradley with Charles Wayne and
Associates, and Scott Clark, attorney. The subject property is a tract of approximately 400
acres located on Ocoee-Clarcona Road, Ingram Road, and Hobson Road.
Mr. Henderson said it was their goal before proceeding with development to come to a mutual
agreement with the City in the form of a Deyeloper's Agreement. He said they look forward
to the boards' thoughts and comments in order to provide them guidance as they move to the
next step.
Mr. Hugh Darley, the architect, presented an overview of the conceptual plan for the project.
It will be known as Magnolia Ridge and will recreate a small rural town reflecting Florida's
past. The Estates at Magnolia Ridge will be a collection of parcels named for famous
plantations to be located north of Clarcona-Ocoee Road. The Southern Estate will be located
south of Clarcona-Ocoee Road and the Village will be located north of Clarcona-Ocoee and
south of Lake Sims. The Village will include residential townhouses, retail, restaurants, cafes,
office and commercial.
Mr. Darley described public and private amenities included in the conceptual plan. Public
amenities will include a realigned West Orange Trail, the Trailhead (including livery stable and
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
bike barn), the Saw Mill Play Place and the Public Green. Private amenities will include the
Summer House and Lake House (pools, clubhouses, barbecue, game lawn and picnic areas),
Estate Park (a passive green park), a walkway around the perimeter of Lake Sims, and a
Chapel with rose garden and gazebo. They also plan to set aside a school site within the
development.
Mr. Henderson said they want to haye agreement 00 some terms and conditions before
proceeding with this project. He explained elements which they believe to be critical to the
project which they wish to have addressed in a developer's agreement. Mr. Henderson
specified the following elements:
· Widening of Clarcona-Ocoee Road, an Access Management Plan to ensure maintaining the
care and capacity of the road.
· Alignment of Clarke Road - request that it be resolved within 60 days (and Access
Management Plan).
· Fifteen acre elementary school site dedicated to City for a Charter School or to Orange
County.
· West Orange Trail - Trail will have to be relocated when Clarcona-Ocoee Road is
realigned, so they ask that City and County agree on location on trail realignment.
Developer would dedicate a proportionate share of the additional right-of-way for the trail.
· Trailhead Park - Developer proposes to dedicate the right-of-way and they would look to
the City and to the County to construct the Trailhead features. The Deyeloper would
dedicate six acres of park land to accommodate that.
· Would enter into a PUD Plan with the City for development of the Village Center and the
Trailhead.
The rezoning for the Meadow Lakes Tract which lies south of Clarcona-Ocoee Road is pending
before City Commission. Planning and Zoning Commission had recommended RIA zoning
subject to a Deyeloper's Agreement which specifies a maximum of 25 % of the total lots could
be 70' wide, the minimum square footage of the homes would be 1400 square feet, and the
density for the entire subdiyision would be no more than 2.5 units per usable acre. He said the
topography within the site will restrict the amount of development, so their design would allow
some 70' lots, but would be developing at a density that would be well below that of RIAA.
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He said lots sizes will be mixed, with 75' lots predominating, but two communities will have
90' lots. The residential communities will be gated to help establish a higher design standard
and character to the entire project.
Mr. Darley said 85% of the Lake Sims area is zoned R1AA, and 20% oflots would be 90',
the minimum house size would be 1400 square feet, and the density would be 2.75 dua.
In the Meadow Lakes neighborhood, the Summer House park area would have Plantation Club
House and pool, kiddy pool, playground and picnic area, game lawns, shelters, parking, and
restroom facilities. Specimen tree protection would receive close attention. A large stand of
trees beside the old house would be preserved as a major feature of the neighborhood park.
The Lake Sims neighborhood would be the Lake House Park, the community club house, pool,
kiddy pool, playground, picnic areas, shelter, park development with phase 1 development of
the housing. The old grove and tree nursery in the area will be considered as they deal with
the grading challenges and the deyelopment design of the project.
The lakeside recreation facilities will include a lakeside trail. Adjacent to Lake Sims the land
slopes steeply and the distance between the lake edge and the 100 year flood plain is
significant. They are proposing placing the lakeside trail within the 100 year flood plain.
While that is a variance from regulations, they belieye it is appropriate to create the open space
character and to add a major feature to the community. They would also place benches and
shelters within that area.
For stormwater management they propose to meet SJRWMD standards, but not the City's
normal stormwater regulations.
In the Meadow Lakes area, the lakefront property they own is only a portion along the
northern end of the lake. They would continue to maintain the City's criteria for no
development within the 100 year flood plain area. Stormwater retention and detention would
be per SJRWMD criteria for stormwater criteria and ponds above the 100 year flood area.
They would establish a mass grading plan which will impact the site conditions and the
vegetation on the site, and would establish a landscaping plan that considers the post-grading
conditions.
In the Lake Sims area, they own 100% of the area around the lake. They are proposing to
follow the development criteria by the WMD. It allows pollution abatement ponds placed
outside the 100 year flood to take care of water quality before it discharges into the lake.
The storm events would be accommodated within the lake. They would conduct a basin
analysis under a post development condition that ensures that the flood elevation would be
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raised to a level to protect any future housing. All the development in this park would be
above the 100 year flood plain.
Mr. Henderson said they would be requesting that they be allowed to simultaneously process
the mass grading plan with the first phase subdivision plan.
Mr. Henderson said the Village Center area would require an amendment to the
Comprehensive Plan (CP), and they would look to the City to sponsor an application to amend
the CP for the mixed use community. They propose to enter into a Developers Agreement
with the City so the land use associated with the Village Center (retail areas, office, residential,
and the trailhead) is a major feature of the project. He said they would need to know and to
have a clear understanding with the City that that land use is appropriate in order to go forward
with the project.
He said, in conclusion, the key elements are that the Developer's Agreement is a clear
identification and commitment on behalf of the developer as to what their obligations and
responsibilities are. It would identify any variances such as stormwater management and
allowing the lakeside path within the 100 year flood plain. It would also have specific terms
and conditions as a part of the public process. In order to deal with the project in its totality,
they do need to have a clear understanding and agreement with the City. Mr. Henderson
said, if they do not have that, it would not make sense to approach the project in this manner,
and they would need to deal with it in a piecemeal basis.
Mayor Vandergrift said it would have been helpful to have had a packet of information about
their project before the meeting. Mr. Henderson said they wish to correct an error and then
would provide copies of their power point presentation tomorrow.
Mayor Vandergrift asked about the location of the school site. Mr. Henderson said it was
15 acres adjacent to the 6 acre trailhead park.
Member West asked the total acreage. Mr. Henderson said it was 400 acres including lakes
with net useable not yet known. There would be approximately 600 single family units.
City Manager Gleason explained the purpose of the meeting was to receive input so Staff will
be aware of the intent and concerns of City Commission and Planning and Zoning Commission
as Staff works with the developer as they begin the application process.
R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the size of the lots. Mayor
Vandergrift said south of Clarcona-Ocoee Road 25 % of the lots could be 70' wide, and 75 %
will be 75' or aboye. Commissioner Parker pointed out that no lots in any part of the project
could be less than 70' wide.
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Denise Lenko, 417 Sterling Lake Drive, said she was aware an artesian well was located on
the north side of the property, and expressed concern about potential stormwater drainage into
Lake Sims, a pristine lake. Mayor Vandergrift responded that he would support no plan
which permitted direct runoff into any lake, that drainage must be via retention/detention
ponds. She also asked if a home on the site had belonged to Captain Sims.
Chairman Bond asked about the size of Lake Sims, about lakefront lots, and about the area
around the lake. Mr. Henderson said it is normally 50 to 70 acres. He said there will be a
number of lakefront lots, the distance from the lake to the closest lots would be about 200 feet,
and no houses would be built below the 100 year flood line. The distance between the 100
year flood line and the normal high water limit of the lake is very extensive, and in that area
they planned a paved lakeside path and a passive park.
Commissioner Anderson questioned the practice of building pathways in the 100 year flood
plain. Mayor Vandergrift said he had no problem with a passive recreational amenity, if
SJWMD would approve it. Mr. Henderson said only facilities such as a path, bench, and
poles of a shelter, which would not be adversely impacted by a flood, would be in the 100 year
flood plain.
Chairman Bond asked Staff about Mr. Henderson's request for the alignment of Clarke Road
within 60 days. City Manager Gleason said there were two issues - the alignment of the road
and the building of the road. Submittal of a proposed alignment is expected shortly. He said
having the exact alignment would allow the developer to know how it would affect their
property and access for the school site and the trailhead. Mr. Gleason said the bigger issue is
who is going to build the road. Past practice has been that he who builds first puts the road
through and typically the City has not given impact fee credits for building a road. The other
issue is does the City get involved in building the road, do we split the cost, or do they build it
and receive impact fee credits. This is a big hurdle that needs to be discussed.
Planning Director Wagner said he expected the Clarke Road alignment study to come before
City Commission within 30 to 45 days. He said the center line location would be established
by that study, but it is not a final engineering document. He said a lot of this would depend on
how it would relate topographically to this project.
Mr. Henderson said what they are looking for is the City to come to an agreement regarding
the alignment approach to this project. Where is it going to be, what is the cross section
design, where is it going to go north. He said the terms and conditions of the deal will be in
the developer's agreement, and he would not expect that to be done in 60 days. He said they
are trying to work with the City to get Clarke Road to happen. He said they do not need it,
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that they have access and alternatives. They do not think it is their responsibility to pave it,
but they are willing to do their fair share.
City Attorney Rosenthal pointed out there is disagreement between Staff and the developer as
to whether Clarke Road is needed for this project, at least on a conceptual basis. He said this
was an issue that would probably follow the alignment study.
Mayor Vandergrift asked if there had not been an alignment study a couple years ago. Mr.
Henderson said they had presented one. Mr. Henderson said the major issue is that they do
not own the land that would be necessary for Clarke Road as it intersects Clarcona-Ocoee
Road; that is the Caruso tract. If the City wants this road to come through, there needs to be a
public/private partnership to get that accomplished.
Mayor Vandergrift asked Mr. Wagner about the earlier study. Mr. Wagner said during
some of the investigation of this property the developer had proposed a schematic alignment,
but it was not detailed. The City's study was a fairly exhaustive one costing $25,000.00 which
would look at all of the traffic aspects of the area, the topography, the drainage, etc. He said
the City has been working closely with the Caruso's on the alignment through their property,
and have a pending annexation agreement which calls out for the dedication of the right-of-way
for that roadway.
Odessa Bowser, 2700 Springfield Drive, expressed concern about the "plantation replication
concept." She asked what was the rationale for naming the villages for famous plantations.
She said, as this is 2001, she thought we need to move beyond that.
Hugh Darley, architect, said they used that term because in the past many of the locations that
were used as plantations throughout the southeast United States actually took on the feel of the
landscape. As they were trying to incorporate landscape very heavily into the plan, they
looked for deciduous and local trees that could be used to characterize each of the locations and
for which they would be named.
Vice Chairman Landefeld asked about the Comprehensive Plan change.
Mr. Henderson said if they are entering into a developers agreement creating a mixed use
village with a trailhead, residential, office, and retail, they would look to the City to sponsor
the Comprehensive Plan amendment.
Mr. Wagner said small scale comprehensive plan amendments can be processed at any time.
Large scale amendments usually follow a twice a year schedule. None have been processed for
some time, because Staff has been working on the EAR based amendments. After those are
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completed (around December), it is expected that a once a year, or possibly, twice a year,
schedule will resume.
City Attorney Rosenthal said discussion about future scheduling of major scale
comprehensive plan amendments and when the City would be in a position to commence
reviews is on an agenda for a meeting with City Manager Gleason tomorrow in connection
with another development.
Mayor Vandergrift said, if he understands the developer correctly, what they want to do is to
move to a point where we have an agreement and the Comprehensive Plan can follow suit.
Mr. Henderson said he understands the City is involved in its evaluation and appraisal
process. He said if they enter into a developers agreement with the City in which the City
commits that it will make a Comprehensive Plan Amendment, that is fine with them.
Chairman Bond asked if Mr. Henderson were suggesting that City Staff do the
Comprehensive Plan Amendment change.
Planning Director Wagner said the developer usually takes care of all the analyses. A large
part of that is the traffic analysis which is a natural part of a project like this. Staff would ask
the developer to provide all the information. Mr. Wagner said he thought what Mr.
Henderson intended was that the City would actually submit it to the state and they are looking
for a positive recommendation from the Staff and the City if it were processed. Mr.
Henderson said they would be more than happy to help the Staff prepare the application.
Their traffic analysis is under way now. Mr. Henderson said they are asking that the City
become the sponsor of the application. If they have the agreement that it is the City's
recommendation to approve that, they will provide the necessary documentation.
City Attorney Rosenthal said, under the typical process, decisions on Comprehensive Plan
amendments, whether small scale or large scale, would be made in conjunction with
consideration of a PUD Land Use Plan and/or a Preliminary Subdivision Plan. That is not to
say that legally there is any impediment to adopting a Comprehensive Plan Amendment in
advance of that. Having just heard it tonight, Mr. Rosenthal said he is reserving judgment as
to whether or not Commission could enter into a developer agreement which would commit the
City to adopt a Comprehensive Plan Amendment in advance of any of the public hearings on a
specific amendment under the statutes, as he does not know if there is a procedure for doing
that. Comprehensive Plan Amendments are legislative in nature, which essentially means the
City Commission has very broad discretion in terms of whether they approve or disapprove
them. He said, assuming the commercial node is the primary area for the Comprehensive Plan
Amendment, Commission has a broad legislative right to say, "We just don't want
commercial." If, in that context, Commission says, "Well, I don't know, but if you bring us
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the right plan, and we are approving the plan, and we typically approve these all conditioned
and tied to each other," Commission migh,t say they approve it under this particular package in
this particular case. If Commission should adopt a developer agreement or Comprehensive
Plan Amendment in advance of the specific package, that does give certain legal rights to the
developer because then any decisions after that point are essentially quasi-judicial where the
developer now has certain rights and entitlements to have Commission approve a plan. In
other words, if there is something in the Village Center which might differ from tonight's
proposal, or that Commission might not like, if it is not something that is specifically regulated
by City Codes, if Commission has already approved the Comprehensive Plan Amendment, the
City Attorney might be advising that he hears what you are saying but they are entitled to the
approval because this is what our Code says. He said he thought from a philosophical
standpoint there are some questions, and the more basic question, if Commissioners don't want
commercial, tell everybody that so everybody has a broad guideline. If you are saying, yes,
under right circumstances, you are interested in commercial, tell Staff and the developer that
also. Then there is the sequencing question once you get through that.
Mr. Henderson said they would be more than happy to present to the City a PUD application
for the Village Center area to ensure that there is a clear understanding of the terms and
conditions for the development, all the design criteria, those things as a part of that
Developer's Agreement. So it would run parallel and be part of the public hearing process.
They would be looking to Commission to then, if you agree with that, to bring the
Comprehensive Plan in to conformance with the zoning and the PUD plan and the Developer's
Agreement.
Member West said he liked the concept of having some commercial along with residential
development.
Vice Chairman Landefeld asked if the commercial would be open to the public or if it would
be limited to the residents in the gated community. Mr. Henderson said it would be most
definitely open to the public, noting they have made a direct connection between their lakeside
path tying into the Front Street that comes through the back of the retail.
Mr. Henderson said the West Orange Trail passes from Ingram Road through the project to
the east side, and it will always be public. The lakeside path in the park community is private.
Member Christoefl asked about the time frames planned for the development. What are they
planning on building first as far as amenities and will it be included in the Development
Agreement.
Mr. Henderson said they would identify the developer's commitments and what facilities
would be put in that are public and which ones are private, the timing of those in conjunction
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with the development. For example, the Meadow Lakes area which is approximately 175 to
180 homes on the south side, that phase 1 development would include the park which is the
Summer House. Member Christoefl said she would like to see something in the developer
agreement that gives a time frame that guarantees that the development will occur north of
Clarcona-Ocoee Road. She said she thought it would be nice if they could start on some of the
public area simultaneously with when the start on the development. Mr. Henderson said they
cannot put them on specific time lines because of the market, but there could be commitment
about the inter-relationship between development and amenities.
Mr. Henderson said he realizes this is the boards' first opportunity to see the plans. They
would like to have an opportunity to come back for another work session for which they would
provide packets of information.
Max Jacobs, 2247 Mountain Spruce Street, asked what was the expected cost of the homes.
Mayor Vandergrift said they would probably be a minimum of $175,000.00.
Commissioner Parker said she has been looking at this property with Mr. Dill since July,
1998. She said she does not want any big box shopping center. She prefers low key
commercial and Mr. Dill has been very willing to look at that. She said she wanted things that
would serve the neighborhood and the users of the Trail, not things that would attract shoppers
from all over. She said the school area is very important to her. She said she is not
philosophically opposed to a small, nicely done townhouse arrangement, but she would want to
see more details on that. Mostly she wanted the people who live in this area to see what is
being proposed, and to begin at this stage to talk to her and to the developer so that we do not
end up going back to the drawing board after much money is expended on the part of the
developer and much time on the part of staff. She thought there had been some excellent
comments here tonight from members of the audience and some things to consider. Overall
the majority of this seems to be presented in the way they have been discussing it over the past
three years. There are a lot of details to be worked out, especially who is going to pay for
Clarke Road, and how the traffic is going to be handled. Clarke Road is quickly becoming a
major thoroughfare, and there have been a number of traffic problems on that road.
Commissioner Anderson expressed concern about a financial commitment from the developer
to the City and the County for a realigned West Orange Trail and a Trailhead as the residents
of their development would benefit from them as well. Commissioner Anderson also asked
why the whole project was not considered as a master plan PUD.
Mr. Henderson said Mr. Dill sees the realigned West Orange Trail as an asset to their project,
and, under this concept, Orange County and Mr. Dill would fund the reconstruction of the
relocated Trail. That does not involve the City. As to the Trailhead, Mr. Dill would be giving
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the land for it, but they would be looking to the County and the City to develop facilities
within it.
Mr. Henderson said as far as the RIAA zoning is concerned, they need to move forward with
this project. They are looking at presenting a Developer's Agreement to layout how that
project is going forward. They feel that the southern village, the Meadow Lakes Tract, is a
very straight forward development. They need to get started, they are willing to make the
commitments to the City concerning the overall project, but they need to get something in the
ground concerning this project.
Mr. Henderson said, as to PUD, they feel that the PUD concept for a residential project in the
City of Ocoee is so restrictive that it does not work for this project. They believe that they can
give a high quality development utilizing the simple rezoning to the south. The PUD that they
would give the City would be for the Village Center. It would include the Trailhead, the retail
areas, the office and the townhouse. He said they were willing to make commitments in the
form of a Developer's Agreement, along with the Village PUD.
Commissioner Howell said it looks like a beautiful plan, but there are things that would have
to be changed and one of them is voting on a Comprehensive Plan Amendment without
knowing what is going in there.
Mr. Henderson said they would present a PUD before they asked Commission to vote on a
Developer's Agreement. The Developer's Agreement would be in place before they asked
Commission to vote on a Comprehensive Plan Amendment. He said before they come back to
Commission they would be working with Staff in the form of a draft Developer's Agreement to
present this information. Staff needs to have an opportunity to review that and give input to
Commission.
Mayor Vandergrift said he had heard no overwhelming objections in the comments expressed
in the meeting. He said he thought there was a lot of ground work that we needed to go
through to get from "point a" to "point b." He said, basically, they have given direction to
Staff that they do not have an overwhelming disagreement with the concept.
City Manager Gleason said he did not want to leave the impression that they could be back
with a negotiated Developer's Agreement in 30 days. He said there were some issues to be
worked out.
Mayor Vandergrift asked Mr. Dill if he felt he had had a fair hearing tonight and had gotten a
direction to take, and Mr. Dill concurred.
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Mr. Henderson thanked everyone for their time and input. He said they look forward to
working with the City and will be back with all the details.
RECESS: 9:10 p.m. - 9:22 p.m.
Mayor Vandergrift asked that the record show Chairman Bond had to be excused due to
illness, and Vice Chairman Landefeld would act in her stead.
WESTRIDGE PUD, CONCEPTUAL DEVELOPMENT PLAN
Stan Nutt, 7630 Torino Court, Orlando, 32835, spoke as president of Detworth Properties,
the owner of the residential portion of the PD, and on behalf of Glenmere Properties Limited,
the owner of the nine acres at the corner of Maguire and Moore Roads.
He said they had come before Commission about this project four years ago and were
participating in this workshop at the request of City Manager Gleason to discuss issues related
to their proposed plan. He said they wanted to exchange ideas with members of the
community and the boards to try to see if there is not a common framework from which to
work to pursue an approval and a formal application for the approval of the Westridge PD.
Mr. Nutt said they have 62 useable acres including the residential and commercial elements of
the PD. On a conceptual plan for the project he pointed out the proposed uses on the property
and the perimeter which include:
. Four acres for commercial at the corner of Maguire and Moore Roads;
. Five acres of professional office space;
. Approximately 150 detached single family units at a minimum lot size of 65' x
105';
. A 2.5 acre park and recreation tract (amenities not yet determined);
. A second entry to Moore Road for the residential.
Mayor Vandergrift asked where the new school will be in relationship to this project. Mr.
Nutt said the new school and park will be directly adjacent and to the south of the project.
Mr. Nutt said they also have a conceptual plan for the commercial site. He said the 4 acres of
commercial are approximately 300 feet deep along Maguire Road. All commercial
development will be in accordance with the newly enacted City Code for Activity Centers. He
said 5 acres of professional office space will be designed in accordance with the Ocoee LDC
for minimum building coverage ratios, etc. They will commit to tile roofs on all the
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commercial and office facilities. He pointed out access points on Maguire Road and Moore
Road.
Mr. Nutt said they were here for input from the City Commission, the Planning and Zoning
Commission and the residents to try to work through some of the issues in a preliminary
fashion and see where it takes them.
City Manager Gleason said Commissioner Johnson had been delayed at work, and he wished
to share Commissioner Johnson's comments for the record. Commissioner Johnson had met
with Stan Nutt yesterday, and felt he could support the project and the plan based on
information provided by Mr. Nutt with regard to the architectural look based on what is being
built on the west side of the road. Concerns that Commissioner Johnson wanted on the record
were that no gas station would be allowed on the commercial corner and that a higher end
restaurant would be sought for the west side of the Nutt's property along Maguire Road.
Other concerns included gating and the access road. Further to the east, there is an issue that
has gone on this past year involving Orange County Public Schools and Orange County
because there is a dirt road which has been referred to as Moore Road which, in reality, is not
a road. Portions of private property which belong to Mr. Nutt and the Strange family are
being used as roadway. Mr. Nutt said he is not opposed to meeting with the City, Orange
County, and Orange County Public Schools to see what might be a feasible solution. Mr.
Gleason pointed out that Mr. Nutt's openness to consider that issue should have no bearing on
what they are asking to develop on their property. He pointed out that the City did not
approve the development that is at the end of Moore Road. He said Commissioner Johnson
may arrive later in the meeting, but he wanted those concerns on the record. Commissioner
Johnson had said he could support the concept for Mr. Nutt's development in principle.
Mr. Nutt said they do not object to the restriction against a gas station at the corner. In
further regard to the commercial and office development, it has always been their intent to do
quality development. He said it has been four years since he bought the Westridge property, at
least the residential portion. He said at that time they were very well aware what was going on
across the street on Belmere. Mr. Nutt said it had been his goal to beat the Belmere project to
the punch, but that did not happen. He said he was actively developing projects on the
Belmere side, and they are the authors of the improvements going in the north section of
Belmere. He said when those improvements come to fruition, it will be apparent that they are
capable, and it is their good faith intent to do quality development.
Mayor Vandergrift asked Mr. Nutt to describe what is going to happen on the southwest
corner of the Belmere project. Mr. Nutt said they are zoned for five acres of commercial, 180
multi-family units, and a five acre assisted living facility site. None of these are being actively
pursued now for development. He said commercial facilities usually come in after the roof
tops. He said there are also almost 800 single family detached lots in the Belmere project. He
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solicited any questions they might have concerning the residential element and any specific
questions they might have related to the commercial element, he will defer to his father,
Gordon Nutt.
Member McKey asked about architectural concepts. Mr. Nutt responded that the materials to
be used will be brick, tile, and a limited amount of stucco. He said it is their intent to carry
out the same materials on the east side of Maguire. Road as what they are going to do on the
west side so the intersection of Maguire/Moore/Roberson will have a uniform appearance. He
said they had spent a lot of time designing the improvements and infrastructure at Belmere.
Mr. McKey asked for an example of their large commercial anchor and Mr. Nutt said they
did not know at this time. Mr. McKey recommended that "65' wide lots have got to go."
Commissioner Anderson pointed out that was already in the PUD, and Mr. Nutt said they
were currently zoned for 60' lots.
City Manager Gleason said the residential portion could go forward as it has already been
approved in terms of the use. He said they were seeking input on the likelihood/feasibility of
having the commercial and professional on the corner. That acreage is now residential and is
not part of his proposed development, but it could have an impact in reference to
entranceways, gates, roads, etc. It was brought here to see if, conceptually, someone might
have an issue that could be raised now. If it is acceptable in concept, Staff can follow the usual
process.
Member Christoefl said she lives off of Maguire Road and thinks they do not need more
commercial sites. She enumerated all the commercial property already along Maguire. Mr.
Nutt asked what she would consider to be a compatible use and she said she would prefer
single family development for the site. She said residents who had bought homes along
Maguire Road did not want a home in a speedway of commercial property.
Dr. Bob Ferdinand spoke in support of residential use for the site. He said he represented
some of the owners of the Plantation Grove PUD. He recalled the history of the establishment
of the Maguire Road corridor including the basin study, master drainage system design,
roadwork design, utilities, and zoning. He said in all those years the City has never altered
that plan, and he stressed the importance of keeping past commitments. He said if more non-
residential uses are added to the mixed use corridor, the residential flavor will disappear. He
said this property was never zoned for commercial.
Member McKey said he understands Ms. Christoefl's reluctance about the commercial. He
said he could support professional use if it would blend with residential. He said he would like
to know from planning staff what could be done to lock that in if that is the choice that is
made.
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Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
Mayor Vandergrift said the developer mentioned in the beginning that he would meet the new
Activity Center restrictions that the City has put in place. Member McKey said what is
promised is not always what is delivered.
Commissioner Johnson arrived at 9:50 p.m.
Edward Morganto, 11012 Groveshire Court, spoke in opposition to commercial and in
support of residential use for the site.
Vice Chairman Landefeld agreed with Members Christoefl and McKey in supporting
residential use for the site.
David MacIntyre, 919 Grovesmere Loop, president of the Windermere Groves Homeowners
Association, said he would like to have the opportunity to take this to their board and bring the
board's comments back before a decision is made. As a single resident in the area, he spoke in
support of residential use. He asked if commercial were allowed, if it would be single story,
and Mr. Nutt said there would be a 35' building height limitation so it would be single story.
Commissioner Anderson suggested increasing lot size and requiring tile roofs. He said a
change to commercial use would bring a windfall for the Nutts, and asked how that would
benefit the City. He asked how large a building could be placed on the four acre commercial
area. Mr. Stan Nutt said the building on the corner site could be a maximum of 10,000
square feet. He said all of the commercial square footages are largely derived from the Code.
He said there are maximum building coverage ratios to deal with, and the new ordinances are
very restrictive.
Commissioner Parker had no comments.
Mr. Gordon Nutt, the general partner of the partnership that owns the nine acre corner,
pointed out that the commercial four acres as proposed would be three buildings. He said high
quality commercial tenants would want prime locations.
Mayor Vandergrift asked if Roberson Road was scheduled to be four-Ianed. Mr. Gordon
Nutt said he made available additional right of way for the four laning of Roberson Road in
connection with Belmere.
Member Christoefl said there is a bank, a pharmacy in Publix, and more commercial property
is available. She said, instead of commercial development, homes should abut the park and
school which will be located to the south.
Page 14 of 19
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
City Manager Gleason addressed the economic issue, pointing out there is good and bad on
each side of growth. He said commercial development "pays its way" with more taxes while
residential development has greater costs because of the services that are involved as well as
impacts on schools which are already overcrowded.
Member Christoefl said she thought nine acres of residential growth would have little impact
on the schools.
Commissioner Anderson asked Mr. Gordon Nutt if a fast food restaurant might be a tenant
for this area. Mr. Nutt said it was possible, but whoever became a tenant would have to meet
architectural standards. He said Bank of America needs a presence in the area. Mr. Nutt
cited examples of residential development at major intersections which resulted in blight. He
said quality commercial development would be preferable to that outcome.
Mr. Morganto said the new school would be oversubscribed. He expressed concern about the
possibility of a three story office building and about additional traffic which would exacerbate
traffic problems which already exist on Maguire. Mr. Stan Nutt said the offices would be one
story.
Commissioner Johnson apologized for being late due to his work. He said the project is in
his district and he and Mr. Gleason had talked with the applicants last night. He said he wants
input from homeowner associations in the area and that he is personally unsure about
commercial development for the area. He said he would not want fast food (such as
hamburger, pizza, tacos). He said he does not know if placing nine acres of residential on the
corner is a good thing either. He wants to hear the opinions of the Wesmere, Cross Creek and
Windermere Groves Homeowners Associations. He said his main objective will be to keep an
open mind and to get the perspective from the citizens who live in the area.
Commissioner Howell said he agrees with Commissioner Johnson. He wants to see what
homeowners in the area want.
Mr. Stan Nutt said a Land Use Plan had been approved in 1991 for 60' lots. He said he
purchased the property in 1998 and submitted a Preliminary Subdivision Plan for the
residential portion in 1999. He said in December 1999 Staff had responded with 150
comments to which he has not responded. He felt the comments were so restrictive and
unreasonable with respect to extractions from him that it was not possible to develop the
residential section. He had wanted to designate the nine acres (which he does not personally
own) as future development and just not address it. He said he knew he would not beat
Belmere to the punch based on processing delays. He said having conditions such as a gate
and designating the corner as future development were not feasible. He would like feedback
from Commission with respect to their current approval which is for 60' lots. He said he
Page 15 of 19
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
cannot compete with Belmere now unless he differentiates his product such as with a lower
price.
City Attorney Rosenthal said this is a single project approved PUD, 100% residential, and
the City Commission had disapproved an amendment to commercial, so the Staff comments to
which he refers related to posturing the project in a manner which would have been
inconsistent with the vote of the City Commission. He said he suspected that, if he were to
come in today for a residential project which would not involve residential on the front portion,
the Staff comments would probably be similar because it is a single PUD. He said the Staff
certainly would not review it on an assumption that it would not be residential in the future
unless there was some direction to that effect from the City Commission. Responding to a
question by Mayor Vandergrift, Mr. Rosenthal said the corner was also included as residential
in the approved PUD to which they are referring. The Westridge PUD, which was brought in
by Pat Christiansen, has the entire project as PUD. It sets forth the conditions of approval and
addresses issues with respect to improvements to Seventh Avenue. From a PUD standpoint, it
does not have anywhere near the number of provisions that we would have for a PUD if it
were coming in today. There is an entitlement and a right for them to develop the entire
property. But this was a single ownership, was sold as a single ownership, and the owner
made a voluntary decision to split it in two, which is not a decision made by the City of Ocoee.
It was not pursuant to any re-subdivision or subdivision of the Plan. We look at it based on the
Developer Agreement and the approval in place which is for 100 % residential until such time
as the City Commission tells the Staff otherwise. One of the reasons for bringing the
discussion here tonight was to get some guidance and direction both from the standpoint of the
developer (whether they should be spending money pursuing after the effort four years ago
which obviously was frustrating), but also to the extent these issues are coming before the
Staff, what the Staff should be doing in looking at it. He said he did not believe that particular
application is considered an active application, but there is obviously a right to re-submit it, or
whatever, at any time.
Mr. Gordon Nutt said, in his view, four years ago they were exactly where they are today.
He said that nine acres came about as a result of accommodating a deal they had made with the
City of Ocoee to provide some commercial in exchange for getting rid of some apartments. He
said it was not of their doing. He said there were many issues involved, especially Seventh
Avenue, which had not been mentioned. He said they were making a good faith effort to
present a high quality development with four acres of commercial with a quality adjoining
single story office complex interrelated with pedestrian walkways, with all tile roof, and lot
widths changed from 60' to 65'. He said if they want to discuss what they could work out with
respect to Seventh Avenue, they would be happy to cooperate and talk about that too. But to
leave this meeting as a workshop and have nothing more than what we have right now to go
back with, he would say they are right back where they were four years ago. He said they
were hoping to get feedback in the workshop so they could move on and solve their problems
Page 16 of 19
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
and resolve these issues. He said they had made every effort from their side to make this
work.
Mayor Vandergrift said we have heard the pros and cons, but it is unclear to him why they
could not go ahead and develop the residential as it is now, with the other parcels held out. He
said Mr. Nutt would have to go through the steps of making the proposal. Mr. Nutt said they
tried to do that. They had met, discussed, and agreed to a method by which they would make
the application. They pursued with that application and it was canned by City Staff. He said
they were told they would have to provide a revised Land Use Plan for the entire PUD. He
said they felt they were being given a hard time, and they do not want to be continuing on that
road.
Eric Strange, 1177 Seventh A venue, said, as Mr. Nutt had mentioned, obviously there is a
problem on Seventh A venue. He asked if 65' instead of 60' lots would reduce density, the
number of residents within the PUD, traffic on roads, and the number of children in the
schools.
City Manager Gleason said the City had met with Teresa Jacobs and County Commission
Staff and Orange County School Board involving Seventh Avenue and school access. He
agreed the issue involving the roadway does affect the Nutts' property.
Mr. Gordon Nutt said City Staff had expressed some interest in Stan going out to Seventh
Avenue as a second entrance. He suggested another workshop session may be needed, as they
do not have a feeling of confidence about pursuing anything right now.
Mayor Vandergrift asked if there were any comments for the good of the order.
Mr. MacIntyre supported Mr. Nutt's suggestion to return for another workshop. He invited
the developer to speak to their homeowners association about his plans to see if they could
reach some measure of consensus so the local citizens could support the plan and voice that to
Mr. Nutt in another workshop.
Commissioner Howell recalled past discussions about allowing commercial on the nine acres
in exchange for other considerations, so there is more they need to look at before Commission
makes a decision.
Mayor Vandergrift said it should be reviewed because it is important that the City honor its
commitments.
Commissioner Johnson said he wanted to meet with the homeowners associations and the
Nutts and Mr. Stan Nutt said he would be happy to participate in those meetings.
Page 17 of 19
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
Mr. Morganto expressed anger that Mr. Nutt would build millionaire homes on the
Windermere side and 60' lots in Ocoee. Mr. Gordon Nutt said he was not building any
homes, and he believed Mr. Morganto had him confused with someone else.
Merle Denbesten, 30 North Main Street, Windermere, said his family had recently purchased
a two acre parcel at the corner of Moore Road and Seventh Avenue. He fully agreed that the
Seventh Avenue question needs to be considered. He said he thought it would be out of
character for the area and very unfortunate for the Nutts to go ahead with a project that
incorporated 60' lots.
Mayor Vandergrift pointed out that the City had required Cross Creek to pave Moore Road
and the subdivision to the left on Seventh A venue in unincorporated Orange County had to
pave only 100 feet of roadway.
Mr. Denbesten asked when the school will be opened and Mayor Vandergrift said he
believes it is scheduled to be opened August 2002.
Mr. Stan Nutt pointed out that smaller lots do not necessarily mean lower cost homes. He
said he was doing 55' lots in the Belmere subdivision and the average price is probably going
to be about $230,000. He said smaller lots do not always mean cheap product.
Commissioner Johnson stated again his request to meet with the developer and the
homeowners to work out the issues, either at Lake Whitney or in the Commission Chambers.
Mayor Vandergrift asked if the homeowners had been invited to attend this meeting, and City
Manager Gleason said the applicants had sent notices as they would for a general public
meeting although that is not typically required for a workshop.
Member McKey suggested extending the area for notification of residents from 300 feet to
possibly 1,000 feet, as he received complaints from citizens who were unaware of neighboring
projects. Mayor Vandergrift suggested that Mr. McKey gather information from other
entities about their area for notification so the Commission might consider it. He said
Commissioners had not received complaints.
Commissioner Anderson said he thought helpful information had been brought out in the
workshop and Commission had learned a lot about this piece of property and the history of it.
Commissioner Parker urged care in thinking about the project in an effort to come to a good,
fair resolution that will make everybody happy.
Page 18 of 19
Joint Workshop with Ocoee City Commission
and Planning and Zoning Commission
June 12, 2001
City Manager Gleason confirmed that the consensus was to continue to work with Mr. Stan
Nutt and his schedule and trying to coordinate with Cross Creek, Windermere Groves and
Wesmere Homeowners Associations, then getting background on what took place involving the
nine acres and the apartments, etc. And then schedule a second workshop either at the
elementary school or in the Commission Chambers in order to have input from the three
homeowners associations in the area and also some background for the Commission.
Commissioner Johnson stressed that he wanted the homeowners associations to meet with the
developer and himself as Commissioner for the district.
Commissioner Parker said they need to meet with the homeowners themselves to work this
out and then let Commission know what that resolution would be.
ADJOURNMENT
The meeting adjourned at 10:40 p.m.
Attest:
APPROVED:
City of Ocoee
'M~a.MJ ~;U!~
Ma'nan Green, Dep ty City Clerk
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,', -""S. ScoifVandergrift, Mayor
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Ma'nan Green, Deputy City Clerk
Page 19 of 19