Villa Tuscany Memory Care

‘Forget It,’ Says Commission

Villa Tuscany Memory Care

At their October 9 meeting, Commissioners once again denied Villa Tuscany’s application for conditional use for a 31,000 square foot memory care facility at 1298 Howell Branch Road with a decisive 5 – 0 vote.

Villa Tuscany Revises Application for Conditional Use

In March 2017, after the Commission denied their application for a somewhat larger memory care facility, Villa Tuscany sued the City in an attempt to reverse the decision. The developer and the City entered into a mediated settlement process, overseen by a Special Magistrate. City Manager Randy Knight led the negotiations for the City. The result was the revised application for conditional use and variances presented October 9.

Applicant Still Seeks Variances

City Planning Manager Jeff Briggs explained in his presentation to the Commission that the developer had made three basic changes. The building was reduced from three stories to two stories, although the overall height of the building was dropped by only four feet, from 35 feet to 31 feet. The planned facility would accommodate 49 beds instead of the original 51 beds.

Second, the parking lot was moved from a 25-foot setback from Lake Temple to the 50-foot setback specified by City Code.

Third, the building was shifted eastward on the property to protect the view of the neighbors across Lake Temple. The shift in location put the building to within 15 feet of the sinkhole on the property. Code requires a 50-foot setback from any wetlands, so approval would involve a setback variance of 35 feet.

No Commission Guidance for Staff During Negotiations

“This mediated settlement process is certainly interesting from the staff’s perspective,” observed Briggs. Staffers who engaged in the negotiations were advised by City Attorney Kurt Ardaman that they were not allowed to speak with Commissioners about the project while the negotiations were underway.

“We had to base our decisions based on comments we heard from some of you at that March public hearing,” said Briggs, “and we had to kind of guess, to be perfectly honest.”

Briggs said he thought the reduction in number of stories and increased setback from Lake Temple might be sufficient for a staff recommendation of approval, but deferred to the Commissioners.

Well-Organized Community Opposition

The applicant then presented their case, followed by a brief Commission discussion, which consisted chiefly of Commissioner Sarah Sprinkel’s motion to deny and Commissioner Carolyn Cooper’s second.

Residents of the neighborhood, led by spokespersons Barry Render and Nancy Freeman, opposed the project on grounds that the structure is incompatible with the surroundings and is simply too large.

They acknowledged that while there are commercial buildings to the north and east of the property, those buildings are around 3,000 square feet – one-tenth the size of the proposed memory care structure. In fact, Freeman pointed out, the proposed Villa Tuscany project is larger than City Hall.

Freeman and Render said the neighbors did not object to the purpose of the project. They cited the example of Alabama Oaks, another memory care facility in Winter Park that is owned by the same applicant. Alabama Oaks is a series of small cottages that house the residents and staff of the facility, one which the neighbors feel would be suitable in their neighborhood.

Drone Photos Show Flooding at the Site

The citizens’ presentation included drone photographs taken several weeks after Hurricane Irma hit this area September 10. Photographs show the proposed building site would still have been under water as of the October 9 meeting. One can assume the additional impervious surface of a large building and 25-space parking lot would cause the water level to rise further.

Dr. Render concluded the neighbors’ presentation with a request. “We would like a project that is proportionate in size and scale, is compatible with our neighborhood, one that would preserve the charm and beauty of north Winter Park and one that would require zero variances.”

Thumbs Down 5 – 0

At the end of the day, the Commissioners unanimously denied both the application for conditional use and the Mediated Settlement Agreement.

The applicant still has the opportunity to seek relief in the court system.

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    By: Anne Mooney

    Anne Mooney has assumed the editorship of the Winter Park Voice from founding editor Tom Childers.

    Mooney got her start in New York as a freelance line editor for book publishers, among them Simon & Schuster and the Clarkson Potter division of Crown Books. From New York, she and her husband and their year-old toddler moved to Washington, D.C., where the two ran a newswire service for Harper’s magazine. “We called it Network News,” said Mooney, “because it was a network of the Harper’s writers, whose work we edited into newspaper style and format and sold to papers in the top U.S. and Canadian markets. We were sort of like a tiny UPI.”

    The newswire ceased operation with the death of Mooney’s first husband, but Mooney continued to write and edit, doing freelance work for Williams Sonoma cookbooks and for local publications in D.C.

    In 2005, Mooney moved to Winter Park, where she worked as a personal chef and wrote a regular food column for a south Florida magazine. She took an active interest in Winter Park politics and was there when the Winter Park Voice was founded. She wrote occasional pieces for the Voice, including the Childers bio that this piece replaces.

    The Winter Park Voice is one of a large number of “hyper-local” publications that have sprung up across the U.S. in response to the decline of the major daily newspapers and the resulting deficit of local news coverage. The Voice’sbeat is Winter Park City Hall, and its purpose is to help the residents of our city better understand the political forces that shape our daily lives.

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2 replies
  1. Deirdre Macnab says:

    Hope Winter Park Commissioners will look at putting solar on the new library. WP leads in so many areas. I hope this new 21st century building will not be relying on 20th century fuel, but will use clean renewable energy that is already significantly less than fossil fuels. Businesses and consumers all across Florida are embracing solar. Florida now has the highest growth in solar residential permits in the country, with a rate of 110%. Solar is taking off in Florida. WP should be leading the charge!

    Reply

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