Individual Property Rights vs. the Common Good

Are They Mutually Exclusive?

Individual Property Rights vs. the Common Good

The proponents of property rights went toe-to-toe with the advocates of neighborhood compatibility in a Planning & Zoning (P&Z) Board meeting Tuesday, March 7, which lasted well into the night. An overflow audience packed the Commission Chamber and spilled out into the elevator foyer. Tempers flared and rhetoric grew heated as citizens, applicants and P&Z Board members aired conflicting views.

At the end of the day, P&Z sent forward for Commission approval a total of 133,830 square feet of commercial development, with requests for variances for around 300 parking spaces.

Three Controversial Projects

At issue were three large commercial developments, two of which had been to P&Z before.

1. Villa Tuscany Memory Care Center, 1298 Howell Branch Road — 41,352 square feet, requesting a variance for 4 parking spaces.
2. Orchard Supply Hardware Store, 2540 Aloma Avenue (on the site of Aloma Bowl) — 39,877 square feet, requesting a variance for 45 parking spaces.
3. A Three-Story, mixed use building at 158 E. New England Avenue — 52,601 square feet, needing a parking variance of 200 spaces, more or less. The issue of how many parking spaces is hotly disputed, but everyone, even the applicant, agrees they need more.

Villa Tuscany Memory Care

Winter Park Elderly Services, LLC, first brought this project before P&Z in October 2016. The proposal was for a 50-bed, 34,986-square-foot memory care and assisted living facility at the intersection of Temple Trail and Howell Branch Road. The building site fronts Lake Temple and there is also a sinkhole on the property. The proposed height of the original building was more than 35 feet, requiring an 85-foot setback from Lake Temple. Staff recommended denial.

At the October meeting, P&Z voted to approve the use for a memory care facility, but tabled the request for building variances. They asked the applicant to return with a plan for a smaller facility. Instead, the applicant returned with a request for a larger facility — 6,366 square feet larger, with 51 beds — but it is only 35 feet high.

It’s Still Too Big

The neighbors weren’t buying it. “It is still too big,” they said. “It’s not compatible with the neighborhood.” Residents Barry Render and Nancy Freeman, representing 13 area HOAs, offered petitions with more than 200 signatures of people opposing the project and a Powerpoint presenting 10 reasons why P&Z should vote to deny.

But Not As Big As It Could Be

The incompatibility argument having been heard, attorney Becky Wilson, representing the applicant, returned to the podium with the property rights argument. The applicant was requesting a building about half the size he was actually entitled to under City code, warned Wilson.

P&Z Sides with Developer

Bob Hahn began the board’s discussion of the project by objecting to “accusations of profiteering.”

After a short discussion, the P&Z Board voted unanimously to approve the application and send it forward to the Commission.

Orchard Supply Hardware

Lowe’s subsidiary Orchard Supply Hardware seeks to build a second store within Winter Park City limits. The first slightly smaller store (32,355 square feet) is going up on 17-92. This project will sit on the present site of the Aloma Bowl, which has been sold to developers.

Real Estate Bubble?

Steve Miller of Miller’s Hardware spoke about the impact of commercial development on traffic and the general quality of life in Winter Park. “We may have a real estate bubble going,” he cautioned.

Lamenting the Loss of Aloma Bowl

A large group of citizens dressed in blue “Save Aloma Bowl” t-shirts protested the loss of the bowling alley, which has provided a family-friendly athletic and social outlet for generations of Winter Parkers of all ages. The Winter Park High School Bowling Team Co-captain described its importance in her life.

Once again, individual property rights collided with the interests of the common good. Becky Wilson, attorney for the applicant, explained it this way.

P&Z members sympathized with the residents, but explained that it was not within their purview to save the bowling alley. Shelia De Ciccio asked for understanding from residents in the audience.

After a discussion about signage and parking, the P&Z Board voted unanimously to approve the application and send it forward to the Commission.

158 East New England Avenue

BFC New England LLC first appeared before P&Z in November 2016 requesting approval for a three-story mixed-use development in the downtown core of Winter Park. The second and third floors would be occupied by Class A office space, while plans for the ground floor included retail space and two restaurants.

The Problem?

In a word . . . parking. Especially daytime parking.

The November staff report cites City parking code at 4 parking spaces per 1,000 feet for office and retail, and 1 space for every 4 seats in a restaurant. At the November hearing, BFC Holdings proposed 40,000 square feet of office and retail, requiring 162 spaces. They agreed to a total of 380 restaurant seats — an additional 95 spaces, for a total requirement of 257 spaces. BFC plans to put 57 spaces in the new building and to use another 90 spaces in the Bank of America garage across the street, which they own. Using these rules, they are short 110 parking spaces.

Now, City staff proposes to reduce the parking requirement to 3 spaces per 1,000 feet of retail/office. By those rules, BFC would need 133 spaces for office/retail, plus 95 for restaurant, totaling 228 spaces, leaving them only 81 spaces short. Bear in mind, this building will go up on a parking lot that currently holds 60 to 80 cars. The loss of those spaces will put further pressure on an existing parking deficit.

For daytime office and retail use, the 147 available spaces might be okay, especially since the two restaurants in the Bank of America building, Luma and the Wine Room, are currently open only in the evening – but nothing prevents them from opening for lunch.

Valet Parking in the Loading Zone

What if the two restaurants planned for the new building open for lunch – even with limited seating? Since parking for those restaurants would be in the Bank of America garage, which is closed to the public during the day, how would cars get in? Well, valet parking could get them in, but where on New England Avenue does one put the valet? Daniel Butts, speaking for BFC New England, proposes to put them in the loading zone.

P&Z Kicks the Can Down the Road

Following lengthy discourse on the relative merits of various parking scenarios, presiding P&Z chair Ross Johnston called for a vote. The vote ended up in a 3 – 3 tie, James Johnston having recused himself. As P&Z was unable to reach a decision, City staff will now take the proposal before the Commission, explain the rationale behind the opposing votes, and the decision will be up to the Commissioners.

Now What?

Those present at the meeting left with a number of unanswered questions. Though they are not questions that can or should be answered by P&Z, they are still left hanging.

Where Will the Green Space Go?

With a robust economy, commercial development is surging to satisfy pent up demand. As the favorable economic climate nurtures larger projects, infill developments test their boundaries. Traffic approaches gridlock — and parking? Forget it. Sidewalks, bike paths and especially, green space risk becoming a distant memory.

Is Everyone Playing by the Same Rules?

Conflicts occur at boundaries. In the interests of perpetuating the human race, our forebears found it advantageous to create a set of rules that allow Party A and Party B to preserve the integrity of their territory and still live peacefully side by side. But how well do the rules work if they are not always the same for everyone?

For instance, with Park Avenue merchants already losing business because of a downtown parking deficit, is it wise to create a special set of rules for large commercial projects?

Should We Hit the Pause Button?

Just this past January, Maitland Mayor Dale McDonald hit the Pause Button on high-density residential development in order to take a more global look at where his city is headed and what will be left of it when it gets there.

Might it be time for Winter Park to take a page from that book and pause to examine where we are headed with all this commercial development? After all, no developer comes to the City saying, “I want to build a bad development.” But how many big box stores does it take to make this too much of a good thing?

Are Individual Property Rights & the Common Good Mutually Exclusive?

City Fathers Chase and Chapman had it right when they drew up their plans for Winter Park in the 1880s. We still prosper from their vision. They began with a good plan, they codified it and they wrote it down for everyone to see and to follow. To this day, our Charter and our Comprehensive Plan provide a context within which neighbors can settle boundary disputes.

These documents also give us a way to achieve a balance between individual property rights and the common good.

Memory Care Center Returns to P&Z

Villa Tuscany Holdings Seeks Approval of Revised Plan

Memory Care Center Returns to P&Z

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On Tuesday, March 7, Villa Tuscany Holdings LLC will return to the Planning & Zoning Board (P&Z) to seek approval for a 41,000 square foot memory care facility at 1298 Howell Branch Road.

The facility is to be located on what is now a heavily wooded three-acre parcel of land, studded with specimen trees, that lies between Lake Temple and an unnamed sink hole. Of the three-plus acres, only 2.18 acres are above the Lake Temple ordinary high water level, making this a difficult building site.

P&Z Nixed October Application

At their October 4, 2016 meeting, P&Z tabled Villa Tuscany Holdings’ application with a request that the applicant revise the plans. Board members expressed no opposition to the proposed use of a memory care facility. Their concern was the size of the building. Stated in the minutes of that meeting: “Consensus of the Board was to direct the applicant to size down the project and bring those plans back to P&Z for consideration.”

The building proposed in October was three stories, 39 ½ feet at its tallest, with a gross floor area of 34,986 square feet, of which 31, 533 square feet were enclosed. The applicant explained that the 39+ foot height, which required a variance, was needed for a porte cochere at the entrance that would accommodate emergency vehicles. (Read the Voice coverage here.)

Developer Bought the Land

At the time of the October 4, 2016 hearing, Villa Tuscany Holdings LLC did not own the land. Since that time, the developer has purchased the land at 1298 Howell Branch Road.

Now Shorter, but Wider

The applicant is returning with revised plans for a building that is still three stories. It is 35 feet high, requiring no height variance. The gross floor area is 41,352 square feet, of which 34,112 square feet are enclosed. Like many of us, as this building gets shorter, it seems to grow wider. It has gained 2,579 square feet of enclosed space and 6,366 square feet of gross floor area.

Building is Still Non-Conforming

The developer must obtain two conditional use permits, one because the building is more than 10,000 square feet, and the other because it will be a memory care facility. By reducing the building height to 35 feet, however, the builder needs only a 75-foot setback from Lake Temple. Setting the building far enough from the lake means it will encroach on the required 25-foot setback from Howell Branch Road, and the developer is requesting a variance for this, as well.

Staff Recommends Approval

For a facility of this type, P&Z is only the first of many hurdles. For now, City staff has recommended that P&Z approve the application. P&Z will decide at their 6:00 pm meeting on Tuesday, March 7 — Does size really matter?

Editor’s Note: The name of the lake, Lake Temple, has been corrected.

Election Looms

Election Looms

City Commissioner Sarah Sprinkel will start her third term in office this March without opposition, but Commissioner Greg Seidel faces a challenge to his second term on Seat 1: Wes Naylor, whom Mayor Steve Leary appointed to the city’s Police Pension Board five months ago.

How those developments will affect the board’s future approach to zoning and planning is anyone’s guess. Even before the election, commissioners this week showed they can act unpredictably on such matters.

Unforeseen Zoning Votes

Sprinkel, who often agrees with Leary on zoning issues, did just that with most items on Monday’s agenda. But she joined forces with Commissioner Carolyn Cooper to oppose a relatively minor lot-split request, defeating it in a 2-2 vote from which Seidel abstained because the applicant was building him a home.

Later, Seidel, who often sides with Cooper on zoning matters, found a third ally to defeat a contentious request affecting a westside neighborhood.

The applicant, Morgan Bellows, wanted to rezone a single-family lot on Comstock Avenue to higher density R2 so he could build a large single-family house. R2 zoning would give him an extra 600 extra square feet so the house could be 4,300 square feet.
Seven residents made impassioned pleas against the project because of the cumulative effect such rezonings and larger structures would have on the small westside community.

Racism an Issue?

“Inch by inch, block by block, you start changing,” said Martha Hall about her neighborhood. She recounted the history of efforts to remove blacks from west Winter Park starting in the 1800s. “You all may look at it in a different manner, but when you look at racism, when you look at discrimination, it happens. I always say, there’s a zebra and can a zebra change its stripes? You all continue to make the same decisions” on westside development.

Opponents weren’t optimistic their arguments would be heard. The Planning and Zoning Commission had voted 2-2 on the request, with board member Randall Slocum abstaining because he was working for Bellows. On Monday, city commissioners also heaped high praise on Bellows’ application and design.

Commissioner Pete Weldon even chided Hall by name. “I am sick and tired of people coming here and associating the performance, the judgment, and the thought processes of the people who serve this community as racist, and I don’t want to hear it again, Miss Hall.” Leary agreed the racism words “disgusted” him.

“You will hear it again,” a woman in the audience called out.

Then Weldon did the unexpected. He said he was voting against the rezoning, “not because the neighbors are all against it, not because Miss Hall thinks I’m a racist, but because in my judgment it is an accommodation without strategic purpose for the neighborhood or the city.”

Interviewed after the meeting, Hall, surprised by the 3-2 vote, said, “I was pointing out history and what has happened through the years and what continues to happen. I didn’t call anyone up there racist.” She said it’s important to talk about issues like racism to address them. “When a person can’t sit down and talk about it, something is wrong.”

Parking Lot Nixed

Perhaps the most unexpected vote of the evening was the commission’s unanimous denial of Phil Kean Designs’ request for a parking area in a residential neighborhood. The Fairbanks Avenue business wanted to rezone a single-family lot behind the business, making the front portion R2 and the back portion parking for Kean’s business.
Planning and Zoning had voted 3-2 for approval, and city planners argued that fencing would shield neighbors from the parking. Commissioners also heaped high praise on Kean, a luxury home developer, but Weldon moved to deny the request, with Cooper seconding. The rezonings were defeated 5-0.

March Election

In addition to the Seat 1 election, the city election on March 14 will include a charter question changing the way the city handles multi-candidate races. Currently, the city holds a primary race in February when there are more than two candidates. The charter amendment would put the first ballot in March and hold a runoff, if needed, in April.
Seidel is on the ballot again after two years because he ran successfully for the remainder of Leary’s term after Leary resigned to run for mayor in 2015. Seidel previously served on the city’s Utility Advisory Board as its chairman. He is vice president of a Winter Park-based civil engineering firm and has lived in the city 16 years. Naylor, a retired Naval officer, is president and managing partner of an Orlando consulting group serving businesses seeking military contracts. He moved to Winter Park five years ago.

2016 Finale - Commission Approves Comp Plan

Nixes High-Density Provisions

2016 Finale – Commission Approves Comp Plan

homepage-button-comp-planAfter a marathon meeting that lasted well into Monday night, the Commission voted to accept a revised Comprehensive Plan. They concluded their final meeting of 2016 by voting to send it to Tallahassee for review by the Florida Department of Economic Opportunity.

Commissioners Listened

The revised plan underwent further revision, much of it resulting from citizens’ expression of their opinions and wishes to the Commissioners. In the words of Mayor Steve Leary, “We listen. We may not agree, but we listen.” Clearly, they did.

‘Urban Scale’ Heights Reduced

Two major revisions agreed to by the commissioners were the removal of four-story building height on North Denning and eight-story “urban scale” buildings along Fairbanks west of I-4.

R-4 Zoning Removed

Commissioner Peter Weldon made a motion, which the Commission approved, to remove the high-density residential land use category that allows for an R-4 zoning district.

This concluded the first reading of the ordinance to adopt the new Comp Plan. The second and final reading is set for April 2017.

Comprehensive Plan Coffee Talk

Still Time for Your Two Cents

Comprehensive Plan Coffee Talk

2centsMonday, December 5, from 8 to 10 a.m., at the Winter Park Welcome Center, 151 W. Lyman Ave., city staff will host a Comprehensive Plan CoffeeTalk,

CoffeeTalks are informal meetings at which citizens can speak with city leaders in a casual setting. This CoffeeTalk will focus exclusively on questions related to the Comprehensive Plan. City staff will kick off the CoffeeTalk with a brief presentation, which will be followed by a Q-and-A session with the audience.

If you are someone who still has issues, questions, comments or strong feelings about the Comp Plan, this is an important meeting. You should attend if at all possible, as it will be the last of its kind regarding the Comp Plan. While discussion of the Comp Plan will not cease after Dec. 5, this meeting is being held for the express purpose of receiving citizen input. So, if you have input, this would be a good time to put it in.

Comp Plan Should Reach Tallahassee by Christmas

The City Commission is scheduled to hold the first reading of the proposed Comprehensive Plan at their only December meeting Monday, December 12. If the Commissioners approve it, the proposed Comp Plan amendments will go to the Florida Department of Economic Opportunity (DEO) for their review on Thursday, December 22. The City expects to receive the results of the DEO review by March 6, 2017.

Comp Plan Second Reading in April 2017

City staff has tentatively scheduled the second reading of the Comp Plan before the City Commission in April 2017. For more information regarding the proposed Comprehensive Plan elements, the adoption process timeline, drafts and revisions, visit cityofwinterpark.org/comp-plan.

Examples of Changes Still Up for Discussion

Among the proposed Comp Plan changes, the City is contemplating allowing four-story construction along the west side of Denning north from Fairbanks to the northern property line of the Orange County Public School land that includes the Votech site.

Mixed use development with an urban scale of up to eight stories in height is being considered on the south side of Fairbanks, west of Formosa along Kentucky, Oglesby and Crandon Avenues.

The City is also weighing the expansion of the Central Business District (CBD) to include Orange Avenue, bringing with it additional density along that corridor.

This is about your city — how it will look – what it will be like to live here. Your opinion matters – city officials are asking you for it. Attend this forum to express it.

There’s Still Time for Comp Plan Suggestions

Final Adoption Scheduled April 2017

There’s Still Time for Comp Plan Suggestions

compplanThe City is on a fast track with their Comprehensive Plan updates, but that does not mean it’s too late for citizen input and participation in the process.

Follow this link to the Comp Plan, where you can see how it is being edited and updated.

If you have questions, or if there is something you don’t understand, email your questions to mayorandcommissioners@cityofwinterpark.org.

Commissioners Welcome Your Input

Commissioner Greg Seidel told the Voice, “I am in the process of gathering citizens’ questions and suggestions to bring forward at the December 12 Commission meeting. I hope everyone will feel free to contact us and to participate in this process.”

Comp Plan Meeting Dec. 5

Plan to attend the Comprehensive Plan Coffee Talk December 5, from 8:00 – 10:00 a.m. at the Welcome Center, 151 W. Lyman Avenue. City Planning Staff will be there to explain the process and answer your questions.

The Comp Plan is vitally important to all of us who care about our city. It is the over-arching document that lays out the concepts and policies governing how Winter Park will look – now and in the future. Together, the Comp Plan, the Zoning Codes and the Building Codes form a sort of three-legged stool. The Comp Plan lays out the broad policies, while the Zoning Codes specify what type of structure can be built where, and the Building Codes say how the structure must be built.

Changes Possible Until Final Adoption

Even if you are unable to attend the Comp Plan Coffee Talk December 5, your input will still be welcomed by staff and elected officials. City Communications Director Clarissa Howard assured us that citizens can submit their input and that Comp Plan changes can be made until the final adoption by the City Commission, which is scheduled in April 2017.

Comp Plan on the Rocket Docket

Some Say It’s Moving Too Fast

Comp Plan on the Rocket Docket


On schedule to meet a February 1, 2017, deadline, the final four elements of the Comprehensive Plan update arrived at Planning & Zoning on the evening of Tuesday, November 8. The meeting was, relatively speaking, lightly attended, but a few concerned citizens tore themselves away from the unfolding drama of the national election to plead special cases.

The four Comp Plan elements P&Z approved to be sent to the City Commission were Capital Improvement, Housing, Transportation and Future Land Use. Predictably, the Future Land Use element drew the most attention.

Can Anyone Keep Up?

There has been considerable commentary about the speed with which the Comp Plan revision process is taking place, especially as regards the Land Use element. Pat MacDonald pointed out that there have been 22 meetings between July and October, with nearly half the meetings taking place in October. The all-important Land Use element of the Comp Plan has been whittled from 85 pages down to 31 pages. Few are able to comprehend what, if anything, was lost in those 54 pages. And very few are able to understand or keep track of all the changes to the document as a whole.

“Ambitious, Artificial Deadline”

Private citizens are not the only ones objecting to the pace at which the Comp Plan revision has been conducted. Referring to the work session Pat MacDonald mentioned in the video above, P&Z board member Peter Gottfried wrote October 18 to the mayor and commissioners, “We were just sent the latest proposed changes to the Future Land Use Element to the Comprehensive Plan. This is a major piece of legislation that needs to be thoroughly reviewed by members of the Planning and Zoning Board as well as the citizens of Winter Park prior to our workshop this afternoon. Unfortunately, time does not allow for a review that I think is crucial.”

Transportation Element Rolls in Minutes Before Meeting

“I had the same issue with our review of the Transportation element at a workshop a few weeks ago where we were given the proposed change matrix minutes before our meeting. This, my colleagues, is no way to run a railroad or a City. There is absolutely no way I, as your representative on the Planning and Zoning Board, can provide proper review and insight to this document with this ambitious, artificial, deadline.

Is Breakneck Speed Politically Motivated?

“Please put aside opinions that we need to rush this in order to avoid political implications in the upcoming city election,” continued Gottfried. “The better way to approach this is to slow down in order to give thoughtful and careful evaluation of a document that will set the tone for the development of Winter Park for years to come.”

“Can I have your support to consider changing the implementation schedule so that we have the appropriate amount of time to consider more thoughtfully this comprehensive document.”

Last-Minute Changes Requested

Toward the end of the meeting, attorney Becky Wilson requested changes to the land use map that would benefit one of her clients, and developer Dan Bellows requested changes that would benefit him. Both were requesting expanding the Central Business District (CBD), which would have the effect of increasing density but preserving the pedestrian orientation of development in the Hannibal Square district. And, once again, the issue of haste reared its head.

Why Wait Until the Last Minute?

Why, questioned Peter Gottfried, did Wilson and Bellows wait until these elements were scheduled for adoption to bring their requests for changes? Wilson’s response, that she believed this was the meeting where her requests were meant to be heard, indicates that even an attorney as familiar with the inner workings of City Hall as Wilson is did not fully understand how fast a track this train is on.

P&Z members postponed their decision for six months to provide opportunity to study the effects of the proposed changes.

Villa Tuscany Memory Care Facility Proposed

Between a Lake and a Sink Hole

Villa Tuscany Memory Care Facility Proposed

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Winter Park Elderly Services LLC will go before the Planning & Zoning Board on Tuesday, October 4, to ask for variances that would enable them to build a 50-bed memory care and assisted living facility at 1298 Howell Branch Road. The location is at the intersection of Howell Branch and Temple Trail. The facility will be called Villa Tuscany.

Planning Staff Recommends Denial — For Now

City Planning staff has recommended against approval. They acknowledge the need for a memory care facility in Winter Park. The staff report states their belief that the location is appropriate, but they object to the height of the building and its proximity to Lake Temple. If the developer were willing to alter the design of the building and shift its placement on the site, the Planning Department could reconsider its position and support the project.

Between a Sink Hole and a Lake

The building site is a difficult one, with wetlands and a sink hole limiting development space. It may ultimately prove too small to accommodate the nearly 40,000-square-foot facility the applicant wants to build there. According to the applicant’s survey, the entire site is 3.777 acres, but only 2.18 acres are above the Ordinary High Water elevation. The building would be located between a sink hole and Lake Temple, as shown in the site map.

Historic Live Oaks Risk the Chainsaw

The long-vacant lot is densely forested. According to the City, there are 64 protected shade trees on the lot, 29 of which the developer proposes to remove. These include several historic live oaks measuring five feet or more in diameter. According to comments from Urban Forestry, the tree diameters indicated on the Tree Preservation plan submitted by the developer are inaccurate. “Footprint corners, drive lane, and parking corners need to be staked and determined in the field,” reads the report, “prior to actual determination of the exact trees that could possibly be preserved or those that must be removed.”

Neighbors Are Divided

This project has the attention of the neighborhood. More than 40 emails and letters have been submitted to P&Z and to the Mayor and Commissioners as of this writing. The greater number of citizens has written in opposition to the project, but a substantial minority supports it.

There Is a Need for This Service

Those in favor cite the need for this type of facility in Winter Park. They point to the fact that the applicant is a locally owned company, which also owns and operates the Alabama Oaks assisted living facility at 1759 Alabama Dr. “Alabama Oaks is most always full with a waiting list,” wrote Nurse Practitioner Kelly Higgins, “and the community should welcome the opportunity to offer this type of care to elder residents in Winter Park.”

“Winter Park’s seniors should receive care in the same community they have called home for decades,” wrote Alison Polejes. “Yet, we currently have no dedicated memory care facility.”

Facility Is Incompatible

Residents opposed to the project are concerned about the suitability of the site and the size of the building. Limited parking and the impact on traffic are also mentioned.

“This facility is totally incompatible with the overall residential nature of the surrounding neighborhoods,” wrote Karen Kaczmarek. “This project, at nearly 40,000 square feet and three stories with heights reaching over 42 feet, is just too big for the area.”

“There is a sink hole on the property and a small lake backing up to residential houses,” wrote Charlotte Schmitt. “The building is too tall, too many square feet, has too small of a parking lot and is too close to the sink hole and lake.”

Donna Render wrote, “St. Johns [River Water Management District] told us years ago they could never approve a building here. How is this being ignored?” Ms. Render went on to point out, “You can’t fool Mother Nature!”

P&Z Meets at 6:00 p.m., Tuesday, October 4, in the City Commission Chambers.

Ravenous Pig to Move

Will There Be Enough Parking?

Ravenous Pig to Move

2016-sep-7-hannibal-to-anne

P&Z found itself in a ‘Catch 22’ Tuesday evening when James and Julie Petrakis, owners of the Ravenous Pig, Cask & Larder and Swine & Sons, announced they would be moving The Ravenous Pig from its present Orange Avenue location to the Cask & Larder site at 565 W. Fairbanks.

The Petrakises have bought the property at the corner of Pennsylvania and Fairbanks Avenues where Swine & Sons and the Cask & Larder are now situated. Since the lease on the current Ravenous Pig location is about to expire, they seek to combine the two restaurant operations, with The Ravenous Pig in the dining room and the Cask & Larder in the tap room.

What’s the Catch?

As with many businesses in the Orange/Fairbanks corridor, the issue is parking. The property includes a small, vacant, unpaved lot at 520 Pennsylvania which has for years been used for overflow parking for patrons of the restaurant on that site. This goes back to the days of Harper’s Tavern and the Cordon Bleu.

Property Needs a Facelift

As part of a facelift for the property, the new owners want to re-do the parking lot, add landscaping, upgrade the paving and lighting and add a small outdoor dining area behind the restaurant, away from the Orange Avenue frontage where now the chairs sit empty because of traffic noise and glare from the setting sun.

Pave the Parking Lot

This would include paving and landscaping the small lot at 520 Pennsylvania to make it a proper parking lot. Currently, the lot is muddy when it rains, has an uneven surface and has holes that are hard to see in the dark. The difficulty is that 520 Pennsylvania Avenue sits within the southern edge of the Hannibal Square neighborhood and is zoned single-family. In order to pave and improve it, the lot must be rezoned to “PL” (for Parking Lot), requiring a change in both the Comprehensive Plan and the Future Land Use Map.

Commercial Creep

As benign as it first appears, this is the kind of commercial creep into the single-family residential Hannibal Square neighborhood the people who live there are trying to prevent. They point out that this sort of commercial incursion would never be approved in other neighborhoods — say, in the “Vias.”

In a letter to members of the Planning & Zoning Board, sent in advance of the meeting, west side resident Mary Daniels wrote, “We are asking the board and staff to preserve what is left of R1A zoning in this community, to stop the inching encroachment process of another block of zoning changes to PL or higher density zoning based the commercial surrounding and not the residential zoning in the adjacent area.”

Historical Use is for Parking

City Planning Manager Jeff Briggs pointed out the reality that, historically, none of the restaurants that had occupied that site had ever had sufficient parking. He said if the lot at 520 Pennsylvania is not used for parking, that will drive the patrons to find parking out on the residential streets. Briggs said, without the long history of the property as a restaurant, the staff would have come with a very different recommendation.

“Our Objective Is to Make that Corner More Attractive.”

There is no question the junction of Fairbanks, Pennsylvania and Orange Avenues is unattractive and dangerous, and that it could use some love. Petrakis spoke about his desire to provide a way for patrons to enter and leave the restaurant safely – by directing traffic to enter from Pennsylvania instead of from Fairbanks. He also noted the need for an improved aesthetic. He stated he was willing to enter into a developer’s agreement stipulating that if he ever sold the lot on Pennsylvania, the zoning would revert to R1A.

Why Amend the Comp Plan?

Maria Bryant, another resident of the Hannibal Square neighborhood, agreed with Petrakis. She said she did not understand why the zoning and the Comprehensive Plan needed to be amended. The purposes of both the community and the property owner would be served with a development agreement that allowed Cask & Larder to improve and continue to use the lot for parking, but if the lot ceased to be used for parking, it would revert to its original R1A zoning and would retain R1A status on the Future Land Use map.

Future Land Use Important

Bryant’s sentiments were echoed by Mary Daniels, who pointed out not only should the Comprehensive Plan and zoning for this property remain unchanged, but the Future Land Use map should also reflect R1A status. Daniels expressed her appreciation for Petrakis and his effort to share with the neighbors in advance his plans for improving the property.

How Do We Keep Our Businesses Viable and Our Neighborhoods Safe?

Kim Allen posed an essential question when she pointed out that many businesses in major commercial corridors of Winter Park lack sufficient parking.

P&Z to Petrakis: Back to the Drawing Board

P&Z Board member Peter Gottfried solved the problem, for now, by ending the discussion. He made a motion to Table, advising the applicant to flesh out his plans and bring back a more comprehensive description of what will happen to the property at Pennsylvania and Fairbanks, and to two of the region’s most popular and respected dining establishments.

How Shall We Grow?

Comp Plan Review Begins — Should You Care?

How Shall We Grow?

homepage-button-comp-planThe Comprehensive Plan review has begun in earnest.

The Comprehensive Plan – a.k.a the Comp Plan – is described by the City Communications Department as “the document that governs the City’s plans for growth through policies that guide development.”

Comp Plan = City Blueprint

The policies set forth in the Comp Plan protect and improve our city assets and provide for city infrastructure. In terms of importance to the city, the Comp Plan is second only to the City Charter. The Comp Plan is required by Florida Statute, Chapter 163.3161, and is given legal status mandating that public and private development must comply with the Comp Plan.

Deadline for Completion – 2/1/2017

The Comp Plan is updated every seven years to ensure it is in compliance with Florida statutes. Last reviewed in 2009, an update it is now due. The Commission has until February 1, 2017, to approve the Comp Plan and send a final version to the Florida Department of Economic Opportunity in Tallahassee.

The City Planning Department will spearhead the review, with the assistance of the Comprehensive Plan Task Force — Nancy Miles, Laura Turner and Marc Reicher — and the City advisory boards that oversee the various elements of the Plan.

Don’t Give Up – Keep Reading (or skip this section and come back to it)

The Comp Plan consists of two major documents. The one entitled “Goals, Objectives and Policies” (GOP) is adopted by the Commission and carries the weight of law. The information from which the GOP derives is in a support document entitled “Data, Information and Analysis” (DIA). In our current Comp Plan, the GOPs and DIAs are organized into nine chapters, or ‘elements.’

Future Land Use – Includes map of land use allowed on every property in Winter Park.
Transportation – Addresses roadways, sidewalks, buses, rail and biking and walking trails.
Housing – Includes projection of future population.
Public Facilities – Infrastructure services such as sanitary sewer, solid waste disposal, potable (drinkable) water and storm water drainage.
Conservation – Defines conservation lands, air and water quality and water conservation.
Recreation and Open Space – Plans and policies to meet projects need for parkland and open space. Current level of service requires 10 acres of publicly owned park and conservation land per 1,000 residents.
Capital Improvements – This element is updated annually as part of the City budget process and includes all infrastructure required to support the population.
Intergovernmental Coordination – Outlines the City’s agreement with other government entities such as the FL Department of Transportation, Orange County School Board, St. John’s Water Management District and surrounding municipalities and counties.
Public Schools – Reflects agreement with Orange County Public Schools to provide facilities to serve resident school-aged children.

You Still Awake?

As always, the devil is in the details. Here is one example. If you go to the City website and click the “Comprehensive Plan” icon on the main page, it will take you to the Comp Plan. Under “Data, Analysis and Inventories” is a chart listing all parks and the precise acreage of each. The total acreage listed there is 296.45 acres.
dia-ch6-recreation-open-space.pdf

A document distributed by City Planning Director Dori Stone at the August 1, 2016 meeting of the Comp Plan Task Force, entitled “Park Level of Service Standards,” states Winter Park’s park and conservation land at a total of 346.16 acres.

Where Did That 50 Acres Come From?

On August 5, the City Communications Department wrote to the Voice, “Staff will need to research the differential in total acres. GIS is a factor, some new parcels were added, i.e., the West Meadow, and we need to research what others resulted in the difference.”

GIS, by the way, stands for Geographic Information System, which is a more accurate way of measuring land area. Even with GIS, however, as of this writing we are still not sure about those 50 acres. Part of the Comp Plan review process will be to manage discrepancies of this sort.

Why Does 50 Acres Matter?

At a level of service of 10 acres of park and conservation land per 1,000 residents, 346.16 acres would support a population of 34,616. (Winter Park population estimate as of 2015 stands at 28,967.) Since Winter Park is landlocked, how would we fit another 5,000 to 6,000 people? By increasing density. Where would we increase density? In those single-family residential neighborhoods the Comp Plan is meant to protect?

Is the Comp Plan Review Important to You?

If you care how this city will look in two or five or seven years, it is important. The Voice will post updates as the review process moves from Advisory Board to Advisory Board under the guidance of City staff and the Comp Plan Task Force. A “2016 Comprehensive Plan Timeline” is posted on the city website. 2016-comprehensive-plan-timeline.pdf
The City will update the schedule as necessary, and all meetings are open to the public.

As technical and wonky as it may seem, the Comp Plan review affects how we live. It is worthy of our attention. In the words of Commissioner Carolyn Cooper, our Comp Plan is “a contract between the residents of Winter Park and our government that defines how and where we will grow and what level of public services we will enjoy for the taxes we pay.”