Ravaudage Gets $1.2M in Infrastructure Costs

by Anne Mooney | Nov 18, 2017 | Headline, Zoning and Development

Ravaudage Gets $1.2M in Infrastructure Costs

In a ‘No Risk’ Agreement with the City

The City Commission voted 3 – 2 November 13 to give developer Dan Bellows a $1.2 Million reimbursement over a 10-year period for work on city roads in the Ravaudage development.

Ravaudage Background

The Ravaudage area, once known as Home Acres, was re-annexed in 2012 from Orange County into the City of Winter Park after Mr. Bellows had done some initial work on the property under the auspices of Orange County. Orange County permits allowed Bellows to build greater density and provide less green space than he would have under Winter Park rules. When the property went from Orange County jurisdiction back into Winter Park, the terms of the Orange County permits were honored by the City of Winter Park.

Bellows: ‘City Will Benefit’

The interior roads subject to the current agreement include Benjamin, Lewis, Loren, Glendon Pkwy and Kindel, which were paved by Orange County. As part of his redevelopment of the area into commercial, office, multifamily and residential land uses, Bellows proposes to rebuild roads in the City right of way, adding wide sidewalks, drainage inlets, curbing and on-street parking. Bellows’ justification for requesting partial reimbursement for permit fees is that the City will benefit from these improvements, therefore the City should bear part of the cost.

Cooper Sees Troublesome Precedent

Not everyone sees it that way. Commissioner Carolyn Cooper, who was out of town and phoning in to the meeting, noted that while Orange County had approved greater density, more leasable square footage and less green space, the County had never anticipated paying for infrastructure as part of the original agreement.

Cooper said she was opposed to granting Bellows’ request for three reasons. First, infrastructure contributions were not anticipated in Orange County’s original approval. Second, said Cooper, “Windsong and Whole Foods developers demonstrated that we can get quality development without having to give injections of taxpayer funds. And, lastly, it is not fair to other developers.”

“I am totally opposed,” Cooper concluded, “and find the precedent quite troublesome.”

Seidel Searching for the ‘Win-Win’

“I don’t see the win-win here,” Seidel told the Voice. “There is no tangible value to the City for doing this work. The city doesn’t need to improve these roads — Dan Bellows does. On the other hand, the intersection at Lee Road and Executive Drive needs a signal. I would be happy for the City to contribute money to that improvement, because the entire city would benefit.”

Leary, Weldon, Sprinkel See Benefit to City

Mayor Steven Leary supported Bellows’ request, noting that the planned improvements will meet or exceed Winter Park standards. Commissioner Sarah Sprinkel agreed and made a motion to approve. Commissioner Peter Weldon, who seconded the motion to approve, said he could support the deal because, “We get control over the roads, essentially.”

No Risk

Public Works Director Troy Attaway explained that the ‘no risk’ aspect of the agreement refers to the fact that Bellows’ company will receive no reimbursement of fees until the City has received a portion of the permitting fees from him and has seen an increase in ad valorem taxes from the property.

This is not the first time the Commission has been generous with Mr. Bellows. In January 2015, Leary was one of three commissioners who approved a variance for Ravaudage in which one building went from four to six stories while the height of an alternate building was reduced.

The Winter Park-Maitland Observer reported that during the week preceding the 2015 vote, contributions from five corporate entities associated with Mr. Bellows were deposited into the coffers of Leary’s mayoral campaign. See campaign report.

At the time, Leary denied taking campaign contributions from Bellows and accused his opponent of making “spurious connections” between him, Bellows and the money. “Dan Bellows has not made a single contribution to my campaign to this day,” Leary told the Observer. “He has nothing to do with those LLCs.”

Bellows also denied having ownership in the LLCs. The Observer reported, however, that Winter Park City Commission records showed Bellows has represented at least three of those entities before the Commission. Minutes from July 8, 2013 City Commission meeting list Bellows’ name alongside CRDI LLC. At the April 12, 2010 meeting, Bellows represented Venetian LLC, and he represented WFG LTD in a meeting five months later.

Commission Approves Request

The Commission approved the agreement with Bellows on a 3 – 2 vote, with Cooper and Seidel dissenting. The table below, which appears on page 30 of the November 13, 2017 Commission Agenda Packet, shows how the developer will be reimbursed over a 10-year period.

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Villa Tuscany Memory Care

by Anne Mooney | Oct 14, 2017 | Headline, Zoning and Development

Villa Tuscany Memory Care

‘Forget It,’ Says Commission

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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