Yesterday’s estimate of a five-and-a-half-hour Commission meeting missed the mark by a mile. For an unprecedented 11 hours, Commissioners struggled to make sense of two of the largest projects ever undertaken by this city – and failed.
OAO Discussion Continued to Thursday, Jan. 16
At 2:45 a.m., Commissioner Greg Seidel finally moved to pull the plug on the meeting, and the Commission agreed to ‘continue’ the Orange Avenue Overlay discussion on Thursday, January 16, at 11:00 a.m. Commissioners were advised to block out approximately four hours for the Thursday meeting.
At Thursday’s Continuance, Commissioners will vote on somewhere between 40 and 50 proposed amendments to the OAO ordinances.
As of this writing, the Thursday meeting is not on the January schedule of City meetings. Check the City website for updates or changes in dates and times. www.cityofwinterpark.org
Earlier in the evening, the Canopy project met a similar fate. After an extended but inconclusive back-and-forth with the owner’s representative and the contractor, Brasfield & Gorrie, followed by the customary back-and-forth among the Commissioners regarding the Guaranteed Maximum Price (GMP), the item was tabled until the January 27 Commission meeting.
Commissioner Greg Seidel requested a Commission workshop to discuss such items as the contingency fund and possible sources of funds for the project. Likely funding sources include issuing the remaining $2 Million in bonds, the CRA, and the City’s General Fund. To date, the City has raised only about $2 Million of the promised $5.4 Million in donations.
Seidel also requested the results of Brasfield & Gorrie’s latest three large projects, to compare the (GMP) with actual costs upon delivery.
How the Canopy project and the Orange Avenue Overlay ended up on the same agenda is anyone’s guess, though there must be someone at City Hall who knows. The sheer volume of discussion and the number of amendments proposed is a clear indication that neither project is at a point where sufficient information has been digested for the Commission to come to a decision. The City needs to finish baking these cakes before anyone else cuts into them.
Record Crowd – Citizens Turned Away
Hundreds of people showed up at City Hall to listen or to speak. The building, including the downstairs lobby, was at capacity, and many citizens had to be turned away. Communications Director Clarissa Howard went through the crowd in the lobby and escorted those who wanted to speak up to the Commission Chambers and, in most cases, secured seating for them.
Last night’s meeting demonstrated the folly of putting two mega-projects – especially ones around which there is a lot of positive and negative energy – on the same agenda.
The suggestion is the crafting of an ordinance that states, when a meeting is scheduled on a date certain, the meeting must be called to order and adjourned upon that date.
As the Commission voted 3 to 1 Monday night to move the Canopy project to the next phase, the discussion surrounding their decision raised more questions than answers.
Guaranteed Maximum Price Due in October
The Canopy project will move from the Design Development phase into the Construction Documents phase. This phase will conclude in October, when the design team will come back to the Commission with construction drawings and a guaranteed maximum price.
Weaver Wants to Slow Down
With only four commissioners present – Commissioner Carolyn Cooper was absent – Commissioner Todd Weaver tried to persuade the other three to ‘push the pause button’ on the project until the full Commission is present and has all the information necessary to move forward. After a heated exchange with Mayor Steve Leary, Weaver concluded his remarks but stopped short of making a motion to table the project.
Seidel Offers Conditional Support
Commissioner Greg Seidel seemed ambivalent about the decision. “So, I don’t want to make a decision not knowing what the cost is going to be,” said Seidel. “I’m okay to move forward to the next phase . . . and if we’re pretty close in dollars, it’s going to be hard to say no. But if it comes in at $50 or $55 million, we are going to have to have some more discussions . . . .”
Was There ‘Proper and Public Notice’ of Project Changes?
During public comment, former Commissioner Phil Anderson weighed in with a series of pointed questions to Commissioners, City Attorney, Bond Counsel and City Manager about whether “. . . they could guarantee that proper and public notice had been given to residents, bond holders and each commissioner” regarding the following five issues.
The “material change in scope” eliminating approximately 14,000 square feet from the library;
The “change in use” . . . emphasizing international convention tourism adjacent to the expanded Children’s Library program;
The reduction in green space of MLK Park by approximately 2 acres;
The “material changes” in the Total Construction Budget and Operating Expenses and that the City Manager has properly budgeted and reserved sufficient contingency and has a sufficient funding plan for the project in place;
That qualified, licensed civil and structural engineers have approved the drawings and specifications and have certified that the design as budgeted . . . fully meets the existing . . . soil conditions, storm water and parking requirements; and that the City Manager and staff have opined as to sufficiency of those certifications?
Anderson suggested “postponing further action until the City Attorney and City Manager have confirmed the notice of and the content of these questions.”
How Much Will It Cost to Go to Construction Documents Phase?
The final question, posed by Commissioner Seidel, caused the most consternation. The question was, how much will it cost for the design team to create construction documents and come back to the Commission with a guaranteed maximum price? In other words, how much will it cost to go to the next phase?
City Manager Randy Knight said, ‘off the top of his head,’ he didn’t know. Seidel turned to the audience, where representatives of the architectural firm, the construction company and the owner’s representative were sitting, causing considerable back-and-forth among them, but none of them could come up with an answer either.
‘That Number Exists Somewhere’
Mayor Leary got the meeting back on track when he stated, “That number exists somewhere, so why don’t we move forward while you guys get us somewhere in the ballpark.” With that, Leary asked the City Clerk to read the roll. Leary, Seidel and Sprinkel voted in favor of moving forward to the Construction Documents phase, with Weaver casting the sole dissenting vote.
City Manager Randy Knight later confirmed the cost of going to the Construction Documents phase is $640,000.
The $6 million grant Winter Park seeks from Orange County could turn the events center that will replace the Rachel Murrah Civic Center into an international tourist destination.
On Tuesday, April 23, the City will learn the fate of its request for a $6 million Tourist Development Tax – Advisory Review Committee (TDT-ARC) grant. The money will come from the 6 percent tax levied on every overnight hotel or motel guest in Orange County. If the City receives the grant, it will use the money to close part of the funding gap in the Canopy project. Only the events center part of the project and the raked auditorium in the library may receive the funds. None of the other elements of the Winter Park Public Library are eligible to participate in the grant.
Tourism = Big $$$
Tourism is booming, leaving Orange County sitting atop a big pile of cash. Florida Statute 125.0104 mandates the 6 percent tax levied on every overnight Orange County hospitality guest be reinvested in the tourism industry. Originally, the money was intended for large projects, like expanding the I-drive convention center and sports stadiums.
In November 2016, the Orange County Commission amended the Tourist Development Plan to authorize using excess TDT funds for capital projects recommended by the ARC. The statute is still restrictive — for example, at least 40 percent of all revenues must be spent on advertising tourism — but non-profit attractions such as auditoriums, museums, performance venues and aquariums may now be funded with these dollars.
Criteria for TDT-ARC Grants
Capital projects recommended by ARC need not be “tourist-dense,” like the massive convention center or sports stadiums, but they must meet three criteria in the amended ordinance.
The project must drive tourism and work with the tourism industry.
The project must demonstrate sound financial planning and show a proven record to deliver the capital project on time.
The project will provide economic benefit to all of Orange County.
The ARC’s latest recommendations include the Orlando Science Center, The Orlando Philharmonic, the Holocaust Museum, the Orlando History Center and the Winter Park Canopy project. All except the Winter Park project are non-profits that are intended to benefit Orange County as a whole.
Community to Commercial . . . the Evolution
The Canopy project, as approved by voters in 2016, would have been ineligible for these tourist tax dollars. Promotional material assured voters that the majority of the project square footage and funding would go to build the library. The events center was mentioned as a smaller replacement for the existing Rachel Murrah Civic Center, and thus could not have been promoted as tourist draw. Literature the voters saw prior to voting for the library/events center referendum focused on enriching the Winter Park community by catering to our children and seniors and improving our park space and our quality of life.
Adjaye Design = Big $$$
The expense of building the Adjaye design, however, presented a quandary for city leaders. They found themselves in the position of having to choose which elements of the project they could build, since the $30 million from the bond issue fell short of covering cost estimates, which are around $40 million and climbing.
First the promised parking deck was cast aside. The library shrank by almost 14,000 square feet. While the 2016 library promotional material stated it was “bursting at the seams,” the library now seems content with the addition of a mere 2,000 square feet.
Parts of the project once thought essential in early discussions became add alternates (“add-alts”) that could be included only if the City could secure additional funding. The porte-cochere over the entrance, thought to be a necessity given our weather, became a million-dollar-plus add-alt. Then the much touted roof-top venue fell into the add-alt column, soon to be joined by the outdoor amphitheater and the raked seating in the library auditorium.
What was left in the budget besides the shrunken library?
The project now has no parking structure and an expanded event center. Pre-bond referendum material cited an 8,000 square foot replacement for the Rachel Murrah Center. The Adjaye-designed event center is over 13,000 square feet.
Revenue Source Prevails Over Library Services?
The expanded event center will bring in revenue for the city. The various venues can be rented out for top dollar, and local businesses can expect to benefit from the increased traffic at the event center. While libraries provide public services and cost money to run, the event center will provide a revenue stream and benefit those wealthy enough to rent a venue.
Will the Grant Fix the Money Problems?
If the Orange County Board of Commissioners approves the $6 million grant, the funds will not arrive in Winter Park until well after the project is scheduled to be completed. The first payment of $3 million dollars is due from the County in 2022, with a second allotment in 2024. The projected completion date for the Canopy is Spring, 2021.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Beth Hall
Mixed Use Development Community Input Session The Community Center Thursday — March 28th — 5:30 – 7:00 pm
Please Attend this Important Event
The whole of the Orange Avenue corridor and parts of Fairbanks Avenue are up for rezoning. Thousands of square feet of new retail, residential, and office space, as well as a Sun Rail station, may soon be in the works. All of Orange Avenue, both east and west of 17-92, is included in the rezoning initiative.
Impacts on Surrounding Neighborhoods
City Planning Director Bronce Stephenson is spearheading the push to obtain public input prior to making any changes to city codes. In addition to attending the public input session, another method for providing your feedback or asking questions is to use the newly created city e-mail address OrangeAve@cityofwinterpark.org. Stephenson is making himself available to meet with residents who have questions or input about the massive rezoning.
Mixed Use Development Already Permitted on Orange
For years, owners of the largest parcels on the Orange Avenue corridor have been unwilling to redevelop their sizable holdings under the City’s existing zoning guidelines. The guidelines already permit that combination of residential, office and retail uses otherwise known as “mixed-use.”
For as many years, the same owners have approached the city about opening the doors to more intensive redevelopment. Owners include the Holler family and Demetree Global, as well as the City of Winter Park, which holds about five acres at Progress Point. Changes to the Comprehensive Plan in 2017 gave land holders even more incentive to delay, since the changes called for new mixed-use standards or an ‘overlay’ to be devised by April 2018 – a deadline that came and went without fanfare almost a year ago.
Progress Point — From Albatross to Swan?
Because the city has long wrestled with the albatross property at Progress Point, mixed-use rezoning represents an opportunity to turn it into a swan. For every new zoning entitlement bestowed there, the amount a buyer must pay for it will increase accordingly. The need to sell this city-owned property has assumed a new urgency as the city copes with the $10 million budget shortfall for the Canopy Project.
Property Owners Aim to Go Bigger & Taller
With these three owners anxious to make big changes on the corridor, city planning staff are taking initial steps toward adoption of a new “mixed-use overlay.” Once in place, the overlay would allow redevelopment on a scale that will significantly exceed what would be permitted in the absence of the overlay or adoption of new zoning district standards.
In return for being able to build “bigger,” these landholders say, they will “give back” to city residents in a way that will benefit everyone. It is unclear what these gifts to residents might be. Infrastructure improvements, parking garages, or green space are just guesses.
Roadway Changes Possible — Is This Your Commute?
In an effort to calm or slow traffic, a road diet on Orange Avenue, similar to that implemented on Denning, is possible. Realigning or vacating interior roads between Orange Avenue and the railroad tracks are also possible outcomes. Roundabouts at intersections are another option.
Former Planning Director Dori Stone Kick-started Rezoning Effort
In July 10, 2018, at a city commission work session on mixed-use, former City Planning Director Dori Stone told commissioners that as a “legislative body” they had a responsibility to the community to “make this happen” and to “let the community know what this corridor needs to look like.”
Ms. Stone insisted that the 2017 Comprehensive Plan must be a “fluid” document, one that “changes with the times,” noting that some of Winter Park’s most “iconic places” are examples of “mixed use” development done before the city had a Comp Plan or stricter land use laws.
Leary Chimes In
More recently, on January 22, 2019, Mayor Steve Leary weighed in at the Chamber-sponsored State of the City address. Winter Park must undergo significant “generational customization,” he advised, as old ideas on what is desirable are discarded so a new version of Winter Park can emerge. Winter Park is in a “gangly” and awkward stage right now, Leary opined.
Once brand-new mixed-use standards and an overlay are adopted, taller and more massive buildings will “make a statement,” according to Stone. Existing smaller land owners on Orange Avenue will have the choice to re-develop under the new guidelines or to remain as they are.
Stephenson Welcomes Public Input
Stone’s replacement, Bronce Stephenson, is very enthusiastic about the yet to be explored possibilities for mixed use. Every move he has made has been aimed at inviting the community to take this journey based on a collaborative process. The input session on the 28th is one of only two. The second session targets land and business owners on the corridor, though the public is invited. At this stage, written notice to citizens of the process is not legally required.
The city has retained or will retain urban design experts to devise a master plan for the Orange Avenue mixed use overlay. The master plan will control the future of the corridor.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Joe Terranova
Most of you know that as a result of my injury last October I have been keeping a low profile as I devote my energies to my recovery, but that does not mean I have not followed City events.
The election results on Tuesday, March 12 were most interesting. It is rare that an incumbent places second in a 3 way race, or in my opinion, would have lost if only the top two candidates ran unless he were an idiot or committed grievous acts on his own while a sitting commissioner. No one can say that about Peter Weldon. So why such a poor showing against a relatively unknown challenger?
All of you know I was a member of the group that tried to prevent the city from constructing the new library in Martin Luther King Park. The courts ruled in favor of the city and as far as I am concerned this is a settled issue.
Most of the people I speak to, however, are very upset with the current City Commission`s handling of the library project. The design of grandiose structures that do not fit into the fabric of Winter Park, the dominance of the project by the civic center — later called the events center and now perhaps the convention center –plus the desire of the commission to add on items to the project in excess of the funds approved by the voters has led to dissatisfaction among many — do I dare say a majority of Winter Park voters?
Naming the project the “Canopy” and then cutting down all the beautiful specimen trees was the penultimate insult. Finally, I listened to the Mayor`s presentation to the Orange Country Commission requesting tourist dollars and to Todd Weaver`s “Bait and Switch” video.
When did the citizens of Winter Park agree to be an Orange County Convention Center “Lite?” When was a discussion held with the residents on the West Side concerning the impact of thousands of visitors to their area?
True, many in the business community like the idea of thousands of additional tourists (translate: potential business customers) swarming through Winter Park.
During the time I was Mayor I worked hard each day to advance my vision of Winter Park as a “Premier Urban Village.” Every new iteration to this project moves us further from that goal. Putting lipstick on this pig just does not help it be anything other than a pig.
I am not a psychic who can predict the results of the run off election on April 9, but I can say this project is way off course.
The proper thing to do is swallow the current expenses paid to date, scrap the whole thing and start over. I doubt, however, that this will happen. The run off election should be interesting.
Joe Terranova was Mayor of Winter Park from 1997 – 2000.