The 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.”
City Sues to Validate Library/Event Center Bond Issue
Library Update: Petition Goes to City Hall
2,000+ Voters Say ‘Don’t Put Library in MLK Park’
Tomorrow, the Save Our Library WP PAC will turn in the signatures of 2,234 registered Winter Park voters who oppose locating the new library in Martin Luther King Jr. Park. This number exceeds by approximately 10 percent the number of signatures required to file a Citizens Petition.
PAC leader Michael Poole said he is not sure what the next steps will be, but expects the issue to end up before Orange County Circuit Judge Margaret Schreiber for a final resolution. He said he expects there may be some discussion of the petition at Monday’s meeting of the City Commission.
“We believe the bond should be validated,” said Poole, “but not with a designated site, because the site was not on the ballot.”
Poole explained the Save Our Library WP PAC will intervene in the bond validation suit using the State’s Attorney. Asked whether he thought the City would continue to deny the PAC has standing to file the petition, Poole said, “I don’t believe any State’s Attorney, when confronted with more than 2,200 valid signatures, would not take in earnest what we are trying to do. This petition says, ‘Judge, these people don’t want the library in this park.’
“It would be incredible for the judge to say that we don’t have standing in this court,” said Poole.
The City Attorney announced at the July 11 commission meeting the City had filed suit in the Orange County Circuit Court to validate the bonds that will finance the construction of the new library – event center.
Case Will Go to Trial
The City is asking the court to confirm that it can legally and safely issue up to $30 Million in municipal bonds. Attorney Richard Geller, sitting in for City Attorney Kurt Ardaman, reported the matter will be litigated, there will be a trial before Judge Margie Schreiber, evidence will be presented and the Judge will determine the bonds can be issued.
Bond Counsel to Argue Before Judge Schreiber
To represent the City, the firm of Bryant, Miller, Olive P.A., with offices in Atlanta, Jacksonville, Miami, Orlando, Tallahassee, Tampa and Washington, D.C has been retained. Attorney Ardaman will act as co-counsel with the bond counsel.
6- to 9-Month Process
In answer to the mayor’s question about the anticipated time frame, Geller indicated the entire process could take six to nine months. The time frame depends on the Judge’s schedule according to City Manager Randy Knight. Knight said the first step, which would be for Judge Schreiber to issue an order to show cause, might occur within 60 to 90 days.
Protection for City & Bond Holders
Winter Park Communications Director Clarissa Howard explained in an email, “The city has made the decision to go through the bond validation process to protect the interests of the citizens and taxpayers of Winter Park. This bond validation process is the most expeditious and fiscally-responsible approach that will ensure the bonds can be properly issued and the approved project can be built without any future legal obstructions.”
Bond Rating Upped
According to an attorney speaking off the record to The Voice, while there is no legal requirement that suit be filed, typically a City such as Winter Park files suit seeking validation by a court, as such a ruling has the effect of giving the bonds the highest possible rating and lowering the cost to the City of the debt service, or interest it must pay on the bonds.
Meet Michael Ott. He appears to be a healthy, normal 5-year-old – that is, until you put a golf club in his hand. Then, he’s all business.
Michael lives here in Winter Park with his Mom and Dad and his sister. He will begin Kindergarten in the fall at St. Margaret Mary.
Years of Experience
Michael has been playing golf since he was two. His father, Rich Ott, says Michael has only had two formal lessons, from Justin, the former head Golf Pro at the Winter Park County Club. One golfing enthusiast, upon hearing about this 5-year-old phenom, quipped, “I’ve got candy bars in my golf bag that are older than that!”
Making Long Drives
Michael plays golf every chance he gets. He regularly hits the ball 100+ yards. He told me that one time he hit it 121 yards. Since Michael is still fairly small in stature, that would be approximately 121 times his height. Eat your hearts out.
Better than Chocolate??
Michael told me he likes golf better than he likes chocolate ice cream. Go figure.
When I asked Michael what his secret is, he said, “I just putt it and it goes in.”
Next World Champ?
Michael has become something of a celebrity in Central Florida golfing circles. This picture appeared on the cover of the Winter Park Parks & Recreation 2014 Annual Report.
On Memorial Day weekend, Michael won the Regional Qualifier, ages 8 and under, for the 2016 World Putting Championship. On July 9, Michael will be one of 30 competitors in his age group at the World Putting Championship in San Diego. His dad Rich will caddy for him. http://futurechampionsgolf.com/contests/putting/
When I asked Michael if he thought he might win the tournament, he said quietly, “Yes.”
Rich Ott has promised to keep the Voice updated on Michael’s progress in San Diego. Watch for updates over the weekend.
On June 27, the Ladybird Academy came before the Commission to request a reversal of the Planning & Zoning Board’s denial of their application to build a 13,000-square-foot preschool and child care facility on the west side of the K-Mart Plaza fronting Gay Road and Trovillion Avenue.
Residents: Pre-School Not Compatible with Neighborhood
Near some of Winter Park’s most congested intersections — Lee Rd. at 17-92 and Lee Rd. at Webster – the neighborhood between the K-Mart Plaza and Lake Killarney has quiet, two-lane streets and is home to the Killarney Bay and Chateau du Lac condominium complexes, as well as several smaller single family homes. The population is predominantly, though not exclusively, seniors. Residents from this peaceful neighborhood showed up in force, with signed petitions, to oppose the proposed child care facility.
Peak Hour Operation for 144 Kids
Ladybird Academy, a franchise operation with several locations in Central Florida, wanted to build a preschool and child care facility that would accommodate 144 children. They planned to operate between the hours of 7:00 a.m. and 6:30 p.m. The company, incorporated in 2011, is headquartered in Lake Mary. Ladybird offers not only day care and preschool for children ages 6 weeks through 5 years, it also offers before- and after-school and summer camp programs, according to their website. www.ladybirdacademy.com
Neighbors Fear Noise, Traffic
On June 7, the Planning & Zoning Board heard extensive public comment about increased traffic when parents dropped off and picked up their children during morning and evening peak traffic hours – those times when drivers trying to avoid congestion on Lee Road and 17-92 cut through the residential streets. Residents also were concerned about the level of noise that might be generated by 144 children during lunch and recess.
Major Retail Coming to the Area
Residents pointed out that much of K-Mart Plaza is presently unoccupied because it is undergoing renovation. The Whole Foods center, which also will have other major retailers, is also due to open soon. City Planning Director Jeff Briggs noted that traffic generated by these additional large retail developments will be spread out over the day, reducing the impact at any one time. To add an additional 140 or so cars at peak traffic hours, however, could tip an already stressed road system into total gridlock.
Ladybird Experts Weigh In
Ladybird Academy produced a sizeable group of experts that included a traffic engineer and a real estate appraiser, each bearing the proper list of credentials. The traffic engineer cited statistics indicating that both 17-92 and the interior neighborhood streets were currently operating well below capacity, a condition that is not immediately apparent to the anecdotal observer.
The real estate appraiser, Mark Carpenter, was tasked with reassuring current residents that the proposed daycare facility would not diminish the value of their property. He contended that the project would have the opposite effect, to enhance property values. “Basically, right now,” he said, referring to the proposed site, “it’s an eyesore.”
Gladys Renqifo-Ellis who, like many of her neighbors, enjoys the quiet expanse of green space that is the proposed site, disagreed with Mr. Carpenter’s characterization.
Ladybird Seeks Conditional Use Approval
While the Ladybird Academy project did not require zoning changes, because of the nature of its business, the project had to meet 12 criteria for Conditional Use set forth in city code. These criteria were enumerated by City Attorney Kurt Ardaman.
Basically, the code requires the proposed project be consistent with the Comprehensive Plan and comply with land use code. The building, landscaping, and irrigation must be compatible with the scale and character of the surrounding neighborhood. There needs to be adequate parking, lighting, storm water retention and noise mitigation.
Academy Fails Compatibility Test
Where the Ladybird Academy project fell short was in the area of compatibility. Criterion #3 reads: “Operating hours, noise, parking and traffic impact will be compatible with existing and anticipated land use activities in the immediate neighborhood and compatible with the character of the surrounding area.”
Criterion #7 reads: “That traffic generated from the property use should not on a daily or peak hour basis degrade the level of service on adjacent roads or intersections. . . . That access directs traffic away from residential roads and toward more heavily traveled roads.”
According to Ardaman, if the project fails to meet any of the criteria for Conditional Use, it is the obligation of the Commission to uphold the decision of P&Z and deny the application.
Winter Park’s Visioning Task force has spent more than a year coming up with a vision of how the City will grow and develop. Among the exercises the Task Force conducted was a survey in which citizens were asked what, about Winter Park, was most important to them. The results are illustrated in the graph below. “History/Heritage” beat every other descriptor hands down.
Draft Vision Statement: No Heritage There
Yet, in the final draft of their report to the Commission, the Visioning Task Force removed the word Heritage from the city’s vision statement. Winter Park went from being “The City of Culture and Heritage” to being “The City of Arts and Culture. . . .”
Historic Districts: Ever More Difficult
Meanwhile, on March 15, after running on a one-plank platform of property rights, Peter Weldon was elected to the City Commission. Throughout his campaign, Weldon promised to undo the combined work of the Citizens Committee on Historic Preservation and the Historic Preservation Board, whose members had worked for more than a year to craft a revised Historic Preservation Ordinance. The Commission had approved the revised ordinance in November 2015.
That ordinance lasted a little more than six months. On May 23, the voting threshold for formation of an historic district was restored. The votes required went from 50 percent plus one to two-thirds. The revised ordinance makes designation of historic districts in Winter Park more difficult than in any other Florida city.
Voluntary Historic Designation ‘Encouraged’ . . .
The amended ordinance calls for the City to publish a list of properties which either carry historic designation or are located in an historic district, so that prospective buyers will have prior knowledge of what they are getting into if they purchase a house that has been designated or is located in an historic district. It also contains language about “encouraging voluntary participation.”
Toward that end, Commissioner Weldon drew up a list of six suggested encouragements, which the Historic Preservation Board (HPB) met to discuss in a June 22 work session. Proposed incentives include reducing or waiving building permit fees, waiving the fee to underground utility service, small need-based rehabilitation grants, ornamental streetlights for districts, a complicated ‘transfer of development rights’ and staff assistance with National Register applications.
But Under-funded
City Planning Director Dori Stone told the HPB there is a total of $50,000 in the City budget for historic preservation incentives. Stone stated that historic preservation, especially updating the Florida Master Site File (an inventory of properties that have been or could be designated historic) will “definitely take a back seat” to the upcoming Comprehensive Plan review.
“Words Do Matter,”
. . . one Voice reader posted on this website. And these words – history and heritage – are still important to those who call Winter Park home. At the June 27 Commission meeting, Commissioner Sarah Sprinkel called on the City to celebrate her heritage. Sprinkel was talking about citizens and their contributions to the City. “Heritage is more than a building,” she said. And to Sprinkel, Winter Park’s heritage is important and worthy of a celebration.
Another way Winter Park could celebrate her heritage is to restore the word heritage to the Winter Park Vision Statement. The final draft of Vision Winter Park will come before the Commission at its next meeting on July 11.
City staff and members of the Visioning Task Force have spent a great deal of time meeting with and listening to the citizens.
Did they hear?
The restoration of this small word, which has no fiscal impact, would carry a great deal of weight with the citizens of Winter Park.
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The Comprehensive Plan review has begun in earnest.
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