by Beth Kassab | Oct 20, 2023 | City Commission, News
Judge rules in favor of city in lawsuit over rescission of Orange Avenue Overlay
The case brought by commercial property owner Mary Demetree challenged a 2020 decision by newly-elected commissioners to take back zoning changes along the busy corridor
Oct. 20, 2023
Note: This is a developing story. Please check back for updates.
By Beth Kassab
A judge ruled in favor of the city of Winter Park on Thursday, bringing to an end a three-year dispute over the vote to rescind major zoning changes that would have allowed taller buildings and more dense development along Orange Avenue. Read the ruling here.
The summary judgement signed by Circuit Court Judge Vincent Falcone ruled that the intended changes to the city’s comprehensive land plan had not gone into effect by the time the commission voted to take back the ordinances that would have altered the plan. He also ruled that the court could not conclude the city violated it’s own procedures or Florida’s Government in the Sunshine laws as it quickly moved to undo the recommended changes for Orange Avenue between Park Avenue and U.S. Highway 17-92.
“Plaintiffs leave no doubt of their sincere belief that the process of adopting the Rescission Ordinance was unfair (if not unseemly) and a sharp retreat from the process that produced the 2020 CPA Ordinance, which they describe as being marked by public participation and reasoned decision making,” Falcone wrote. “The Court’s role is, however, a limited one, and it would be a dangerous infringement on local authority and legislative decisions for a single jurist to void enactments by elected officials based on general notions of fair play.”
The lawsuit was brought by four entities that own property in the corridor and are managed by Mary Demetree, a commercial real estate owner and developer.
Charles Greene, Demetree’s attorney, said he was unable to comment because he has not yet reviewed the decision.
Daniel Langley, an attorney for the city of Winter Park, characterized the ruling as “a complete victory for the City,” in an email on Thursday evening to city commissioners and administrators.
The city and Demetree recently went to mediation to try to resolve the dispute, but reached an impasse. The case was scheduled for trial next month and the city attorneys were in the process of trying to prohibit current and former city commissioners from testifying. The trial is now cancelled as a result of the judge’s ruling.
The suit alleged improprieties by the City Commission in March of 2020 just after Sheila DeCiccio, who is now running for mayor, and Marty Sullivan were elected for the first time.
Under former Mayor Steve Leary the city conducted years of meetings and forums on potential zoning changes along Orange Avenue to revitalize the area.
The Commission approved by a 3-2 vote the Orange Avenue Overlay district, which called for buildings to be as many as six stories in some areas, on March 9, 2020.
DeCiccio and Sullivan were elected less than 10 days later.
Then, on March 30, as the pandemic was beginning to shut down the world, the new commission held a special meeting and took the first of two votes to rescind the previous overlay vote earlier that month. Leary was the only dissenter.
Falcone said he did not find any evidence of wrongdoing on the part of the new commission.
“Even if the Court views the evidence in the light most favorable to Plaintiffs, there are at most emails indicating that the Rescission Ordinance was added to the agenda at Commissioner-Elect DeCiccio’s request, and she commented on, and worked with City staff to revise, the draft Rescission Ordinance,” the ruling stated. “Her indication in an email that ‘we are not amending the ordinance but are replacing it’ is a statement regarding the intended effect of the Rescission Ordinance and, without more, does not establish that Commissioner-Elect DeCiccio had discussions or made decisions with other Commissioners or Commissioners-Elect in a non-public context.”
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by Beth Kassab | Oct 20, 2023 | City Commission, News
New 53-unit multi-family proposal near Winter Park Village up for vote
The development, known as Winter Park Commons, has gone through a series of changes leading up to next week’s debate
Oct. 19, 2023
By Beth Kassab
Miami-based developers are seeking approval Wednesday for 53 units of mostly rental townhomes. The proposed location for the units is between Swoope and Webster Avenues, less than a block from Winter Park Village.
The project, known as Winter Park Commons, by Miami real estate developer Carlos Ortiz, underwent significant changes to respond to concerns from city staff about potential flooding, tree preservation, aesthetics and parking.
The City Commission will consider a revised version of the proposal that calls for the demolition of the Seventh-Day Adventist Church that was sold to the developer in 2019. The Planning & Zoning board voted 3-2 to recommend the following conditions:
- The five parcels involved (a combined 4.5 acres) will be combined to one and that the single-family units now included in the plan will be shown as individual lots so they could potentially be sold that way in the future.
- No changes within a 20-foot radius of three live oak trees in the interior of the project.
- The seven single-family homes to be built on Capen Avenue must show architectural diversity and can not be the same in terms of style or color.
- The newly required water retention areas must include new cypress trees as well as perimeter landscaping.
Renderings show architectural inspiration for the proposed seven single-family units included in the Winter Park Commons development.
The developer already agreed to add additional stormwater retention — enough to hold 3 inches of water rather than the 2 inches required by code — to ease concerns about how the development might contribute to the special flood hazard area.
The seven single-family homes in the plans were originally townhome duplexes, but concerns about compatibility with the neighborhood drove the change.
Staff said the development is likely to result in the new residents parking on Capen, Swoope and Callahan avenues.
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by Beth Kassab | Oct 19, 2023 | City Commission, News
Winter Park City Hall to consider four-day work week
The move comes after a survey aimed at improving employee recruitment and satisfaction
Oct. 19, 2023
By Beth Kassab
City commissioners next week will consider moving City Hall from a traditional five-day work week to a four-day week comprised of 10-hour days.
About 80% of employees voted in favor of the change in a recent survey and similar changes are already in place in nearby Maitland and Casselberry. The goal of the change is to improve employee engagement and improve staff retention and recruitment.
The police and fire departments as well as the parks and recreation department would be excluded from the change, according to a staff memo. City Hall would remain open five days a week.
The financial impact would be “minimal,” the memo stated.
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by Beth Kassab | Oct 18, 2023 | City Commission, Election, News
Terry Hotard withdraws from mayoral contest
The city clerk on Wednesday posted that the former mayor is no longer running against current Vice Mayor Sheila DeCiccio
Oct. 18, 2023
By Beth Kassab
Terry Hotard, the former mayor who said last week he would run for the job again, is no longer in the contest against Vice Mayor Sheila DeCiccio, according to the Winter Park City Clerk’s office.
The office added a “withdrew” notation under Hotard’s name on the city’s election page on Wednesday.
Hotard told the Voice that he was “completely humbled and overwhelmed” by messages supporting his candidacy, but ultimately concluded the timing wasn’t right.
“I came to a decision that I would rather spend my time and efforts elsewhere,” he said. “I wish whoever is elected as our next mayor the very best.”
He opened a campaign account and said he intended to run a week earlier.
One of his chief concerns, he said, is the placement of large utility boxes near property owned by Marc and Sharon Hagle, who are building what is to be the largest home in Winter Park on Palmer Avenue. Hotard, also a former city utility executive, said the boxes are eyesores and should be hidden on private property rather than public right of way.
DeCiccio announced her bid for the post earlier this month and is focused on maintaining Winter Park’s charm and shoring up the city’s aging infrastructure.
She had to resign from her commission seat in order to run triggering an election in March for someone to serve the remainder of her term.
The official qualifying period for both contests is in December.
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by Beth Kassab | Oct 14, 2023 | City Commission, Election, News, Uncategorized
Terry Hotard enters race for mayor against Sheila DeCiccio
The former mayor says he will challenge the current vice mayor in the March election
Oct. 13, 2023
By Beth Kassab
Former Mayor Terry Hotard said he will run against Vice Mayor Sheila DeCiccio for the city’s top elected post, driven to run by controversy over utility boxes that have appeared in the city right-of-way outside the Palmer Avenue property owned by Marc and Sharon Hagle, who are constructing the largest home in Winter Park.
“It’s a quality of life issue,” said Hotard, who served as mayor in the early 2000’s and worked for the company that became Duke Energy before he served as assistant director of Winter Park’s electric utility. “Once those boxes are put in place they will never move.”
He said the green boxes, which house electrical equipment, can fade over time and attract graffiti. He said the city’s own code mandates the boxes be on private property rather than on city-owned land.
Sheila DeCiccio talks with residents at a meet-and-greet event.
A spokeswoman for the city cited a different portion of the code, but said alternatives are being considered for the transformer boxes near the Hagle house, which is expected to be 40,000-square-feet on the shore of Lake Osceola.
“The city is researching a more aesthetically pleasing alternative for these public utility boxes including traffic signal cabinets,” said Clarissa Howard.
Hotard said he enjoyed his time as a city commissioner in the 1990s and then as mayor in the early 2000’s before he went on to serve as assistant director of the city’s electric utility.
“I feel like I have a little bit of gas left in the tank and I have something to offer,” he said of the upcoming race.
DeCiccio announced her candidacy earlier this month and highlighted infrastructure needs as one of her top priorities.
“We’ve made great headway, but there’s still a lot to be done to maintain the heart and charm of the city,” she said shortly after that announcement. “Hurricane Ian laid bare a lot of our problems such as pipes that need maintenance, brick streets that need attention. Infrastructure is the No. 1 issue and we can’t kick this can down the road anymore.”
DeCiccio, an attorney who has lived in Winter Park for more than 40 years, said water basin studies ordered by the current commission along with more bike paths and extending sidewalks will be key for the city’s future.
She had to resign from her commission seat in order to run for mayor. Her resignation will take effect in April 2024, at the time she would take over as mayor if elected to that job. As a result, there is also a contest to fill Seat 2 on the five-seat dais.
There are two challengers for Seat 2: attorney Jason Johnson and Stockton Reeves, who leads the Center for Public Safety, which helps local governments build new police and fire stations.
Reeves said one of his key issues is advocating for police officers and firefighters.
“That’s one of the things that kind of pushed me to do this,” he said, noting he wants to reassess the policies at the police department and fire department to make sure that officers can donate sick time or other benefits to each other in times of need.
Stockton Reeves
Reeves, who has served on a number of city boards and is now vice chairman of the Civil Service Board, grew up in Winter Park and has run for commission before, but was not elected. In 2018, he ran as a Republican against Democrat Anna Eskamani for the Florida House and lost.
In 2020, Gov. Ron DeSantis issued a public reprimand of Reeves after the Ethics Commission ruled that he violated financial disclosure requirements. Reeves said the matter was “the most technical of a technicality.”
Jason Johnson, who works in the Winter Park office of the Byrd Campbell law firm, is a first-time candidate who has lived in Winter Park for 13 years with his wife, Lori, and their daughter. He is chairman of the city’s Board of Adjustments, which rules on homeowner applications for building variances.
Jason Johnson, candidate for Winter Park City Commission, with wife, Lori, and daughter, Molly.
“My north star in all of this is to preserve the charm of Winter Park, but I’m also a rule-of-law guy and I recognize that landowners have rights and due process exists,” he told the Voice earlier this month.
Official qualifying for both the mayoral contest and Seat 2 does not end until mid-December.
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