U.S. Census Bureau Reports Central FL Population Explosion
How will Winter Park Cope?
Documentary Film – “Rebels With A Cause”
The 14th Annual Global Peace Film Festival and Rollins College present the documentary film “Rebels With A Cause,” in which a group of “ordinary” northern Californians dealt with just such a question.
Thursday, September 22 – 8:00 pm Rollins College Bush Auditorium Click here to buy tickets
Panel Discussion
Immediately following the film, there will be a panel discussion moderated by Orlando Sentinel Columnist Beth Kassab. The five panelists are: Mark Brewer, President & CEO, Central Florida Foundation Becky Wilson, Attorney, Lowndes, Drosdick, Doster, Kantor & Reed Bruce Stephenson, Professor Environmental Studies, Rollins College Chris Castro, City of Orlando Director of Sustainability Steve Goldman, Winter Park Visioning Steering Committee
Central FL Growing Fastest
According to the U.S. Census Bureau, Central Florida is the fastest growing of the 30 largest regions in the country. In January, Orlando Economic Development Commission CEO Rick Weddle told an audience at the Orange County Convention Center that Orlando is “growing at close to double the rate” of the U.S. population. “More people are expected to move here than at any other point in history,” said Weddle, “with a net immigration of 350,000 new residents by 2020.”
Sooner or later, all 350,000 of our new neighbors will find their way to or through Winter Park.
How Will WP Preserve Quality of Life?
One of the overriding concerns expressed by Winter Park residents during the recently completed Visioning Process was how to preserve the character of Winter Park in the face of such growth. Steve Goldman told the Voice in a recent interview, “One thing became clear as we spoke with thousands of people during the Visioning process, and that was that people place a very high value on the village feel of Winter Park. They value the lakes and the tree canopy – the feeling of openness. They expressed a concern that all that was eroding as density increased, and they felt boxed in.”
Can Parks, Green Space Keep Pace with Population Growth?
A growing number of Winter Park residents, including Goldman, believe the only way Winter Park can preserve our quality of life is to ensure that our parks and green space increase at the same rate as the population. “Imagine New York without Central Park,” said Goldman, “or San Francisco without Golden Gate. Without the relief of that green space, neither place would be as attractive, and real estate values would certainly not be at their current levels.”
Government Can’t Solve the Problem
“Everyone seemed to be expressing the same concerns,” said Goldman, “and it became clear to me that government wasn’t going to solve this problem. Nobody wants to raise taxes to buy green space. It became clear that it was going to take a private initiative to bring this about.”
It’s Been Done
“This movie, ‘Rebels with a Cause,’ illustrates that if enough people believe something can happen, it can happen,” said Goldman. “As I’ve been talking to more people about this idea of creating a trust fund to acquire greenspace, I’ve found almost universal excitement about it. The real question is how do you bring people together to do something like this?”
Come See the Inspiring Story of How They Did It
“Rebels with a Cause” chronicles the long journey of preserving coastal lands in Marin and Sonoma Counties in California. Writes Nadine de Coteau of EarthJustice: This film is “a reminder that a strong coalition of ‘regular people’ can achieve a truly ambitious goal.”
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.
On June 16, Martha Bryant Hall submitted a request to place her house at 331 W. Lyman Ave. on the City of Winter Park Register of Historic Places. She based her application on the age of the home, which was built in 1958, and on the contributions to the community by her late husband, the Reverend Jerry Hall, who owned the home from 1958 until his death in 2008.
City Encourages Voluntary Designation?
Although the City Staff and some Commissioners have had a lot to say about encouraging citizens to voluntarily place their homes on the Winter Park Register of Historic Places, a citizen who has a larger, grander home may receive more encouragement than one who has a more modest dwelling. And, if that modest dwelling stands in the way of someone’s larger, grander plan, an application for historic designation might be regarded with less interest.
Criteria for Designation
The Historic Preservation Ordinance, No. 3024-15, which has been written and re-written since the last election cycle, is ambiguous at best. Click the link below and see Sec. 58-456.
The first criterion reads as follows;
a. A quality of significance in American history, architecture, archeology, engineering, and culture is present in . . .buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and associations; and . . .
If the City Staff determines that the building in question somehow matches the above paragraph – which is written as a statement and not as one or more criteria — then it must also meet one of seven additional criteria. The ordinance continues to paragraph (b) thusly.
b. At least one of the following:
i. That are associated with events that have made a significant contribution to the broad patterns of our history; or
ii. That are associated with the lives of persons significant in our past; or . . . . [five more criteria, which you can read by clicking here].
That the Hall residence was built in 1958 is, in itself, significant. That was the year the City of Winter Park displaced 18 families by eminent domain to create Lake Island Park, now known as Martin Luther King, Jr. Park. Reverend Hall and his family were obliged to move out of Lake Island Estates and into the Hannibal Square neighborhood to make way for the park.
July Staff Report –
A City Staff Report dated July 13, 2016, states that Planning Staff determinations are:
• The home has no distinctive architectural significance but it is being part of the post-war development of West Winter Park is significant.
• The designation would be based upon the importance of Reverend Hall and his contributions to the Hannibal Square neighborhood.
• In such cases, if a future demolition to HPB [Historic Preservation Board] were requested, the HPB could approve provided the replacement structure was architecturally compatible with the traditional neighborhood styles.
In conclusion: “Staff recommendation is for listing in the Winter Park Register of Historic Places as a historic resource property.”
August Staff Report –
A month later, on August 24th, the Staff Report read, “. . .while Reverend Hall was an important figure to the community, he passed away in 2008. It is still too early to know how his legacy and contributions to the city, especially in the Hannibal Square area, will be determined.”
No Historic Merit
At the August 24 meeting of the Historic Preservation Board, City Planning Director Dori Stone first stated that staff’s decision to deny historic designation to the Hall home was based solely on the architectural merits of the house. Stone pointed out that there are “literally thousands” of these houses all over Winter Park, and that the Hall residence is in no way unique or “even at risk.” She pointed out that the high rate of redevelopment was not limited to Hannibal Square, but was occurring all over the city. “Hannibal Square is not alone,” said Stone.
‘Too Soon to Tell’ About Rev. Hall
But then, despite her earlier assurance that the decision was based only on the architectural merit of the structure, Stone turned to the question of Reverend Hall’s legacy. “As for Reverend Hall’s legacy,” said Stone, “he only passed away in 2008, so it is premature to say what his legacy is at this time.”
Stone said the Planning Staff had consulted preservationists in other communities, who suggested an appropriate period of time might be 50 years [after Hall’s death], the same as for a structure. Stone did not identify those she consulted, and she declined the Voice’s request for comment and clarification.
‘Come Back in 50 Years’
While 50 years may or may not be an appropriate period to measure the impact of an individual life on a community, it is safe to say the little green house at 331 W. Lyman Ave. probably will not be standing — in the unlikely event that discussion ever takes place.
Martha Bryant Hall told the Voice that Ms. Stone had informed her in advance of the HPB meeting that her request had been denied. Hall said Stone told her, “Your husband just hasn’t been dead long enough.”
Narrow Definition of ‘Historic’
Dr. Julian Chambliss, Chair of the History Department at Rollins College, observed that Winter Park seems to take a very narrow definition of historic preservation. While nationally, preservationists are more interested in protecting the vernacular culture and architecture of a given community within the context of a given time, Winter Park seems to want to rely solely on the architectural merit of the individual structure.
“If you look at the key issues for the post-World War II black community,” said Chambliss, “they included civil rights, education and desegregation. Reverend Hall was deeply involved in that local narrative. The local efforts were key to supporting the broader national narrative of the transformation of our community.”
“To say it is still ‘too early’ to know how Reverend Hall’s legacy and contributions will be determined,” said Chambliss, “is tantamount to saying that the Hannibal Square community is still a work in progress. In fact, Hannibal Square is a fully functioning community whose origins pre-date those of Winter Park itself.”
Is the House in Someone’s Way?
Eight people submitted letters or emails in support of Mrs. Hall’s request to designate her home, and one party opposed it. Opposition came in the form of two letters from Kim C. Booker, Attorney at Law. The text of the two letters was identical, but in one letter Ms. Booker represented Winter Park Redevelopment Agency, Ltd. and in the other she represented Morney Partnership, Ltd. Both are companies of developer Dan Bellows.
Bellows and the Hall Family Have a History.
In June 2004, then WESH2 Anchor Wendy Chioji began her report, “Imagine answering your door one day and a man is standing there, saying he now owns half your house.
“That is what happened to the Rev. Jerry Hall, 89,” said Chioji. “The man at the door . . . – controversial businessman Dan Bellows.”
Bellows had indeed acquired a half interest in the Hall house at 300 S. Virginia Ave. Hall built the house for his daughter Catherine, retaining half ownership and giving Catherine the other half. After Catherine’s death, Hall moved into the house, planning to leave his half to Catherine’s children, but, upon Catherine’s death, her husband Clifford and their two children had already inherited their half, which they sold to Bellows.
That made Rev. Hall and Bellows co-owners of the house. Rev. Hall ended up selling his half to Bellows. And that is how the Halls came to reside at 331 W. Lyman.
Winter Park’s pick for Top Cop, Dallas Police Department Narcotics Division Deputy Chief Vernon Hale, announced over the weekend that he has withdrawn his name from consideration. This leaves the post open as Brett Railey begins his final week as Chief of Police of the city he has served for nearly 35 years.
The news leaked out during the August 22 Commission meeting. No reason was given for Hale’s change of heart – simply that he “had changed his mind.” In a subsequent interview, Chief Railey told the Voice that the City has a sizeable pool of well-qualified applicants from which to draw, and that he expected a new Chief will be announced soon.
Whoever Railey’s successor turns out to be, he’ll have a big pair of shoes to fill – and some decorating to do.
Older vs Bolder
Are These the Cars of Arts & Culture?
Previously, during Commissioner reports at the end of the August 8 Commission meeting, Commissioner Sarah Sprinkel reported that she had seen a strange looking police car in a Publix parking lot. While the paint job identified the vehicle, a small SUV, as a Winter Park police car, Sprinkel was taken aback by the new paint job.
It turned out that some of the younger officers had approached Railey with the notion that the old paint job on the police sedans looked a little, well, stodgy. “Too Nineties.” Here is Chief Railey describing what happened when he challenged the officers to come up with a new look.
Once the design was approved by City Manager Randy Knight and senior staff at the police department, all new vehicles were slated to have the new look. Winter Park now boasts eight small SUVs with the new design.
“Not My Favorite,” says Leary
“The police cars are some of our most visible branding devices,” said Mayor Steve Leary. “And I don’t think that paint scheme, that detail, matches anything else we’re doing in the city of Winter Park.” Leary went on to explain that there should be a “more consolidated view” of branding, and directed the City Communications Department to become more involved in the design of the new cars.
Railey responded, “That’s an understandable concern that you may have,” and suggested the Commission direct the City Manager to direct the new Police Chief to change the paint job moving forward.
In a Certificate of Insufficiency dated July 28, 2016, City Clerk Cynthia Bonham denied the validity of the citizens petition that seeks to prevent a new library from being built in Martin Luther King, Jr. (MLK) Park. On August 8, the committee appealed that decision to the Commission, which upheld the finding of the City Clerk.
Petition ‘Insufficient’ for Three Reasons
Each of the three reasons for insufficiency contains the following language.
“Despite being labeled a citizen initiative, the Petition requires the reconsideration of City Ordinance No. 3020-15 enacted on November 23, 2015, and the City Commission’s affirmative votes to locate the library and events center in Martin Luther King, Jr. Park occurring at the City Commission meeting occurring on or about October 26, 2015.” [Emphasis Added]
For the full text, go to pages 69-70 of the August 8, 2016, Commission Agenda Packet. agdpkt-2016-08-08.pdf
Law + Motion = Confusion
Speaking on behalf of the petitioners, Attorney Virginia Cassady of the firm Shepard, Smith & Cassady P.A., described what she saw as the fallacy in the reasoning contained in the Certificate of Insufficiency. An ordinance carries the weight of law, while a vote by the Commission does not. “Essentially,” said Cassady, “it’s bootstrapping a vote by you [the Commission] to the ordinance that was adopted and passed in November, when in the ordinance itself there is absolutely no mention of MLK Park.”
Does Library Have to be in MLK Park?
Both the City Attorney and the City Manager have said on several occasions that the library/events center could be built somewhere other than MLK Park. Rather than trying to overturn the bond referendum, the petitioners seek an alternate location for the library.
AN ORDINANCE OF THE CITY OF WINTER PARK, FLORIDA, PROHIBITING THE CONSTRUCTION OF THE WINTER PARK LIBRARY AT MARTIN LUTHER KING, JR. PARK . . . .
For the full text, go to page123 of the Agenda Packet at the above link.
‘Initiative’ or ‘Referendum’?
The conflict between the petitioners’ committee and the City arises from the City’s position that the petition constitutes a Referendum, referred to in Section 5.02 of the City Charter, rather than an Initiative, as described in Section 5.01.
(See link above, page 129 of the Agenda Packet, for the Charter text.)
Basically, a Referendum requires the Commission to reconsider (i.e., overturn) an ordinance that has already been adopted.
An Initiative gives voters the right to submit their own proposed ordinance to the Commission. If the Commission fails to adopt the proposed ordinance, the ordinance must be taken to a full city election to be adopted or rejected.
City Attorney Offers No Written Guidance
Interestingly, the question of whether the petition is an initiative or a referendum is a legal determination. Yet, only the City Clerk has spoken. No legal opinion from Attorney Ardaman appears in the August 8 Agenda Packet.
City Attorney Has Some Advice for the City Clerk
In a memo dated May 8, 2016, the City Attorney writes to the City Clerk, “. . .if you conclude that the Petitioners Committee Affidavit and proposed ordinance constitute a Referendum as described under Section 5.02 of the Charter rather than an Initiative under Section 5.01 of the Charter, rather than waiting until after Mr. Poole and the Petitioner’s Committee expend substantial effort to obtain the signed petitions, the following response to Mr. Poole would be appropriate.”
While Attorney Ardaman encouraged the City Clerk to draw her own conclusions, he was kind enough to word the memo for her.
“Mr. Poole,” reads the memo. “The request for petition forms that you submitted to me as the Winter Park City Clerk on Friday, April 29, 2016, is not timely as the petition forms you have requested are based on a Petitioner’s Committee Affidavit and ordinance which appear to constitute a reconsideration or referendum to repeal Ordinance No. ____ and the City Commission’s decision to locate the library and events center in Martin Luther King Park, where the Ordinance was adopted November 23, 2015. Referendum petitions must be filed within 30 days after adoption of the ordinance to be reconsidered.”
Ardaman’s Charge to the Commission
Ardaman’s explanation of the task before the Commission was clear and simple – either uphold or overturn the City Clerk’s Certificate of Insufficiency.
As the Commissioners deliberated, there ensued considerable discussion, concluding with each Commissioner stating his or her position and the reasoning behind it.
Seidel: “This Vote Doesn’t Change the Process”
“I am assuming you are here with your attorney because you intend to take the next step,” said Commissioner Greg Seidel. “So, to me, what happens with this vote doesn’t really change what’s going to happen with the process.” Seidel voted to uphold the petitioners’ appeal.
Sprinkel Defers to City Attorney
“I’m going to support our City,” said Commissioner Sarah Sprinkel, “because I’m following the advice of our attorney.” Sprinkel voted to deny the petitioners’ appeal.
Cooper: “It is a Citizens Petition”
“I also do not believe it reverses the vote on the library,” said Commissioner Carolyn Cooper. “I believe the citizens of Winter Park voted to approve a referendum of up to $30 million to build a new library.” Cooper voted to uphold the petitioners’ appeal.
Weldon: “There Will Be No End to the Lawsuits”
“I have tried to put myself in a position of perspective as to what is the best long-term decision for the City of Winter Park,” said Commissioner Peter Weldon, who voted to deny the petitioners’ appeal.
Leary: “The Petitioners Were Informed Early On . . .”
Mayor Steve Leary stated, “The petitioners were informed early on that this petition was invalid.” Leary cast the deciding vote to deny the petitioners’ appeal.
Cooper Appeals to Commissioners to Let Citizens Choose
In her concluding remarks during the Commissioner’s Report, Commissioner Carolyn Cooper asked the others seated on the dais if it might be possible to allow the residents to vote on the location of the library – to put the issue to rest. “I honestly don’t think it would hurt anything,” said Cooper, “and I believe the people of this city honestly want a new library.”
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