Mayflower Nixes City’s Request for Bike Path Easement
When the Mayflower retirement community came before the July 22 Commission seeking final approval for plans to expand their facilities and services, most of the discussion centered not on the expansion, despite substantial changes to the version that received preliminary approval in 2018, but on the City’s request for an easement along the western border of the property where it could maybe, someday, build a 15-foot wide path for bikes and pedestrians. The City wanted to create a route that removed bikes and pedestrians from the dangerous motor traffic on Lakemont Avenue.
In January 2018, the Mayflower received preliminary approval to add a new three-story health care center and a one-story memory care center, a one-story club house and four separate three-story residential buildings. Conditions of approval were that the Mayflower would “explore” a bike path, install buffer landscaping for adjacent properties and come up with a storm water plan approved by the St. Johns River Water Management District.
A year and a half later, in addition to the new club house and additional residences, the Mayflower wanted to combine the health care facility with the memory care center in a single four-story structure to make room for a fifth 24,000-square-foot residential building. The plan presented to the Commission displayed easements along the western border of the Mayflower property for the bike path. The easements are indicated in red and blue on the map above.
Sprinkel Has Heartburn
Commissioner Sarah Sprinkel pointed out that when the original request came before the Commission in 2018, the Mayflower was asked to “explore” a bike path that would serve as a northeast connector trail, but the path was not a condition of approval. “We have not, as a Commission, even approved this bike path,” said Sprinkel.
Turns out the bike path easement was a staff recommendation, which City Code, Sec. 58-90, “Conditional Use,” allows the City to impose. Code says that if an applicant brings for final approval a project in which the height has changed by more than one foot and the floor area has changed by more than 250 feet, the City can re-open all negotiations. Planning Manager Jeff Briggs cited the intent of the 2010 Comprehensive Plan to get cyclists and pedestrians from Lakemont up to Palmer, and said staff believed there was an opportunity for that along the western border of the Mayflower property, as had been discussed in 2018.
Seidel Suggests a Sunset Date
Commissioner Greg Seidel stated while an easement is no guarantee the City will build the bike path, the Mayflower’s failure to grant the easement would guarantee it won’t be built. Seidel suggested establishing a 10-year “sunset date” on the easement – if no bike path is built there within 10 years, the easement will cease and the property will revert to the Mayflower.
Connectivity Plan “Accepted” but Never “Adopted”
The connectivity plan for bikes and pedestrians goes back to the Bikes & Peds Board before it was renamed the Transportation Advisory Board. The Bikes & Peds Board submitted a plan for connecting bike and pedestrian paths through the City, which Mayor Steve Leary said was “accepted” by the Commission, but not “approved.”
Mayflower Project Has ‘Substantial Change’
Addressing Commissioner Spinkel’s ‘heartburn,’ Commissioner Carolyn Cooper pointed out that since the Mayflower came back for final approval with a project that was substantially different from the one that received preliminary approval, “. . .we can start all of these conversations all over again. . . . Alternatively,” said Cooper, “the Commission also has the right to ask the developer to revert to the original plan, since the substantial changes have not received preliminary approval by the Commission.”
“Winter Park is a Big Dead Zone”
Commissioner Todd Weaver addressed the concerns of the Mayflower residents for their own pedestrian safety on the property. He pointed out that between the fence and a 50-foot landscape buffer separating the proposed bike path from the Mayflower property, the residents would not even see the path, let alone encounter bicycles. Weaver recounted a recent Metroplan meeting at which a map of the inter-connected greenways in Orange, Osceola and Seminole Counties showed a big ‘dead zone’ at the center — Winter Park. “It is City staff’s mandate to complete our Comprehensive Plan, and part of that is our mobility,” said Weaver. “This connectivity plan has been 10 years in the making, and we are 10 years behind every other city in our area.”
We Are Asking for the Opportunity
Weaver went on to explain that the City had neither planned nor funded the actual path, that it was simply requesting an easement for the opportunity to do so at some future date. He stated that there would be no design and that no plans would be made without including Mayflower residents, surrounding neighbors, City staff and the Commission.
Everyone Wants Trails – Just Not In Their Back Yards
Public commenters criticized City government for its failure to come up with a well-defined plan for greenway connectivity. Citizens hastened to assure Commissioners that they were not against bike and pedestrian paths, as long as they are far enough away from their property.
Attorney Tripp Cheek, who is a member of the law firm representing the Mayflower, Winderweedle, Haines, Ward & Woodman, PA, but who spoke as a private citizen, cited a case in which the St. Johns River Water Management District required a developer to improve a wetlands property he did not own in return for granting him a permit to develop his own property. The developer successfully sued the District, claiming the wetlands improvement had nothing to do with his own development and should not be used as a condition for approval. Cheek cautioned the Commissioners against asking for the bike path easement, warning they were “asking for a problem” in the future.
Cheek’s remarks drew a sharp response from Seidel. “I don’t appreciate it when people threaten me with a lawsuit over something I’m trying to decide,” said Seidel. “That is not going to sway me one way or the other.” Seidel said he would defer to the City Attorney.
Ardaman’s Response
Ardaman cited City Code, which says the Commission has three options. One, the Commission can decide the Mayflower’s changes are not significant. Two, they can find the changes are significant but acceptable. Or, three, they can decide the changes are significant and unacceptable, in which case the applicant must amend the plan to conform with the original conditional use and resubmit it to the Commission.
The Problem is Lakemont
A significant hurdle to the decision is the City’s failure to adopt a connectivity plan. One by one, each Commissioner admitted that where the ball had been dropped was right in their laps. “We didn’t do it because we couldn’t,” said Sprinkel, “we didn’t have agreement up here. Now we need to do something about this.”
“I know that our Advisory Boards have worked hard on this issue,” said Cooper. “They’ve done planning, but their plans have been ‘accepted,’ not ‘adopted.’ I’m glad [City Planning Director Bronce Stephenson] has a different impression about this plan.”
Weaver asked if people in the audience would favor using the “complete streets” treatment on Lakemont that has been employed on Denning. A cheer and a show of raised arms arose from the back of the chamber. Weaver then asked how many of those people would agree to have their taxes raised in order to pay for an improved streetscape on Lakemont. Again, a strong show of support.
Leary Stands by the Mayflower
Before calling for a vote, Mayor Steve Leary stated that in the nine to ten years he has been going to the Mayflower, he has made a commitment. “If the Mayflower doesn’t support this, I’m not supporting it,” said Leary.
The Trick Box
When the vote was called, Seidel offered an amendment requiring 15- to 20-foot wide easements at the western border of the property, with a ten-year sunset, for the purpose of building the path for non-motorized transportation, and the City would bear the cost of any improvements required to construct the path. The amendment passed 3 – 2, with Leary and Sprinkel dissenting.
Before calling the vote on the final approval, with Seidel’s amendment, Leary offered the Mayflower the opportunity to pull or table the application prior to the final vote.
At least half a dozen lawyers headed for a huddle at the rear of the chamber, with attorney Cheek at the center of the pack.
The Mayflower attorney returned to the podium to report that the Mayflower would agree to a part of the easement at the southwest corner of the property, provided the Commission would approve their plan with the four-story building as presented. The Mayflower offered the easement marked in red at the lower left corner of the map at the top of the article.
In a confusing turn of events, Seidel withdrew his original amendment for the expanded easement, which had already passed, and offered a new amendment that granted the Mayflower’s request, which passed on a 4-1 vote. The main motion, to approve the Mayflower’s plans as presented and with only the smaller easement, then passed on a 5-0 vote.
The planned Canopy project may be the largest public works project ever undertaken by the City of Winter Park. Approved in 2016, the Library, Events Center and Parking Garage referendum garnered a slim majority of 214 votes, out of over 10,618 votes cast.
Campaign Literature in 2015-16 Promised Cost Levels
New Library:
$17,435,700
New Events Center:
$ 3,004,943
Parking Deck:
$ 3,004,943
Shared Costs:
$ 8,405,496
(demolition, design/engineering, landscaping, site work)
Library Board to Raise: $ 2,500,000
TOTAL PROJECT COST $ 29,914,311 with a promised 15 percent contingency
Three years later, why does the public continue to be skeptical about the chances for success?
Why is public trust in this project, funded by taxpayer dollars, continuing to falter? The answers to these questions are not difficult. Look at the project track record over the past four years. Promises were made, then discarded. Trust evaporated. The trend line below speaks for itself.
Original Pledges
$29.9 million project with a 15 percent contingency
50,000 square foot library
LEED-certified building including solar energy capacity
Multi-deck parking garage to ensure easy access, safety and security for patrons
Footprint that takes no more than 1 percent of MLK Jr Park acreage
A site suitable to build upon with no extraordinary contamination or soil stability issues
Storm water plan that could be addressed without taking more parkland
A transparent process open to public comment, with all commissioners kept in the loop
Project focus is a world class library and a community events center
Robust community fundraising support assured
CRA funds unlikely to be needed and should be reserved for other city priorities, like the purchase of the Post Office property.
The Path Forward
Price tag increased to $40+ million and is tilting toward $50 million Note: Taxpayer dollars restricted to the original $30 million bond limit
Greatly reduced contingency fund resulting from a challenging construction environment
Library size reduced to 34,400 square feet with no LEED certification
No parking garage, requiring consumption of more park space for parking lots
No traffic study of Morse & Harper to address congestion and safety issues Note: Plan proposed to model the entire Orange Avenue MLK Park region
Continued flooding of Morse and Harper with no approved storm water plan Note: Lake Mendsen is currently at capacity, per St Johns River WMD
Complex site issues with debris buried to 30-35 feet and muck. Note: Building site has been shifted west to avoid muck pockets.
Trees removed without public notice or involvement. Note: There is a moratorium on future tree removal.
Consumption of MLK Park acreage now in excess of 15 percent of park space, and
Lake Mendsen could be further expanded by taking 1-2 more park acres. Note: There is some effort to dial back the size of the project footprint.
Lack of Transparency — the last comprehensive public forum on the project was the April 9, 2018 City Commission Meeting approving Schematic Designs.
Tourism as priority pitched to Orange County Tourist Development Council (TDC) — our own “I-Drive.”
One commissioner was not informed of TDC meeting and the request for $6 million.
Fundraising from the community still not accounted for, though the deadline was April 2019.
CRA funds will likely be tapped to bail out this project.
Martin Luther King, Jr: still has not been honored as the namesake of this park.
What if This Were Your Own Health?
Citizens have not been presented with a satisfactory explanation for this list of discrepancies. This is the chance for the commission to step forward and demonstrate leadership.
If this project were a medical patient, we could say we have seen the X-Rays and indicators of a potential complication are all there.
If we wait seven more months, until January, when construction pricing comes due, we then face a crisis decision of whether to administer chemo or radiation or both. Why not take preventive measures now? Get a second opinion? If your health was at stake, what would you do?
Maybe change medical providers?
Can We Afford This Project?
For many, the fiduciary handwriting is on the wall: we cannot afford this project.
No wonder the citizenry is concerned.
Cost estimates and overruns will not diminish. Instead, they will likely increase. Change orders will become a major concern. Our Central Florida construction market is robust but stressed, increasing pressure on construction costs. That context has already been established with the I-4 Ultimate, Orlando Airport’s New South Terminal and the building boom.
Commissioners Need the Chance to Talk to One Another
At the June 10 Commission meeting, Commissioner Carolyn Cooper requested a workshop so the Commission as a whole could discuss various budget issues, including the Canopy and the CRA, without having to go through the City Manager. She was dismissed by Mayor Steve Leary, but her suggestion deserves reconsideration.
Recommendation: Give Us the Benefit of Your Shared Vision
Hold a Workshop.
Put the questions on the table and explore some answers together.
Educate a very concerned public.
How Much Can the Camel Carry?
In the case of the Canopy, it is reasonable to say that a $1,000 per square foot public works project is unacceptable. So, what is acceptable? $700 per square foot? $500 per square foot? $350 per square foot? That guide star needs to be established — or at least discussed – and the public needs to hear the discussion.
If we cannot attain that acceptable price per square foot, alternative scenarios need to be explored. When a project moves beyond 60 percent design, the time and money already invested make it increasingly difficult to say “no” or even to change tack.
Think Big: Where is Plan B?
The goal is to maximize all our assets to make this project the best it can be. For this reason, the process deserves heightened public involvement, heightened communication and heightened stewardship by our elected leaders.
Are our taxpayer dollars being wisely spent? If so, show us how.
As Part of Planning Process for Orange Avenue Overlay
What do we do with 54 and one-half acres of valuable, under-developed business/commercial parcels — land along the segment of Orange Avenue that runs from 17-92 up to Fairbanks? The area contains 103 parcels, more than 90 percent of which are less than an acre. The largest is around 6 acres.
What’s an Overlay?
One thing we can do is a Zoning Overlay. An overlay is basically new zoning district that sits atop the existing zoning map, one that adds special restrictions and incentives to make a discrete, identifiable district, a district that can create cultural consistency and equilibrium and avoid piecemeal development.
According to the Center for Land Use Education (CLUE), “. . . regulations or incentives are attached to the overlay district to protect a specific resource or guide to development within a specific area. . . .Potential uses might include: Create a walkable community, connect pathways; Preserve and enhance a special district; Encourage economic development; Protect the quality of surface and groundwater and manage storm water. . . .” www.uwsp.edu/cnr/landcenter/
‘Blight’ on Orange Ave?
According to Planning and Community Development Director Bronce Stephenson, the Orange Avenue corridor has been economically stagnant for a number of years. Those of us who make the daily drive up and down Orange Avenue have become accustomed to the vitality of disconnected stretches of it, like Designers’ Row and the area around Foxtail’s and the Brewstillery. Interspersed among these hubs of activity, however, are parcels that have produced little more than weeds and first responder training facilities since the 2008 recession.
Big Three Stakeholders
Most of that unlovely, under-used land belongs to three large landholders. The Big Three are Demetree Holdings, Holler enterprises and the City of Winter Park. Although most of us wouldn’t call Orange Avenue “blighted” – it’s ours, we’re used to it — Stephenson brings a fresh pair of Okie Eyes (Bronce hails from Tulsa) that see an exciting opportunity for redevelopment that will integrate redevelopment with the culture, spirit and ambiance of Winter Park.
Creation of a Third Place
Toward that end, Stephenson has formed a steering committee where citizens from across the political spectrum will come together, find common ground, and proffer recommendations for a reactivated community that will form a new “Third Place” in Winter Park. For the sake of discussion, a First Place is your home; the Second Place is your work place; the Third Place is where you go for recreation and social interaction. It’s your Fun Place. Stephenson wants to put that place on Orange Avenue.
Give Some to Get Some
A recurrent theme at the first Orange Avenue Overlay Steering Committee meeting was the perceived necessity for the larger stakeholders’ redevelopment plans to include infrastructure assistance for the many existing smaller stakeholders. In return for some increased density, large stakeholders would be expected to provide enhanced storm water retention. Many of the smaller businesses along Orange Ave. experience damaging flooding when there is a significant rain storm. This is caused by inadequate storm water management which, because of the size of their holdings, the Big Three have the opportunity to mitigate for the entire area. Another contribution the major landowners could make would be shared parking and what Stephenson calls “meaningful greenspace” – space everyone can use.
Community-Driven Project
Stephenson sees the Steering Committee as a useful tool to create a community-driven project instead of a developer-driven plan. “This will not be a project where everyone gets every single thing they want,” said Stephenson, “but the hope is that we will have enough people involved who feel like they have a voice and that everybody gets some special part of this . . . . To have an opportunity like this in a built-out city like Winter Park . . . is a unique opportunity and if we don’t get serious and do this now, we may miss the opportunity.”
Opportunity for Public Input Still Exists
Unique to this project is a robust page on the City website devoted entirely to the Orange Avenue Overlay. There you will find a 16-question citizen survey where you can share your thoughts. In addition, the Steering Committee meetings are posted on the City website under ‘Boards and Public Meetings.’ June meetings will be held in Commission Chambers at 5:30 pm June 12 and 26. Public participation is encouraged. https://cityofwinterpark.org/search/?q=Orange%20Avenue%20Overlay
Steering Committee Members
To assist the Planning staff with this project, Stephenson requested the formation of the Orange Avenue Overlay Steering Committee. The mayor and each commissioner appointed one member. In addition, a representative from each of 5 Advisory Boards and the original Winter Park Visioning Committee were asked to participate.
Bill Segal – Economic Development Advisory Board (EDAB)
Jill Hamilton Buss – Transportation Advisory Board (TAB)
Laura Turner – Planning & Zoning (P&Z)
Lambrine Macejewski – Community Redevelopment Advisory Board (CRAB)
Bill Ellis – Keep Winter Park Beautiful and Sustainable Board (KWPB)
Bill Sullivan – WP Visioning Committee
Lamont Garber – Commissioner Sarah Sprinkel appointee
Michael Dick – Commissioner Carolyn Cooper appointee
Phil Kean – Mayor Steve Leary appointee
The Timeline
Stephenson has set an ambitious timeline for the Planning staff and the Steering Committee, though he cautions the schedule is fluid. March and April were devoted to the initial public input meetings. Based on the input received, the team will use the summer months to draft plan documents, perform mobility studies and create renderings.
Fall 2019 should see introduction of draft documents for public review and comment. Draft documents will also go to various boards for their review and recommendation.
In late Fall 2019, the team hopes to bring the final draft of the Orange Avenue Overlay to the City Commission for a vote.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Sheila DeCiccio
The City of Winter Park looks toward the future of transportation as discussion revs up at the April 23 Planning and Zoning (P&Z) Board regarding a proposed Electric Vehicle (EV) ordinance. The purpose of the ordinance is to bring forth regulations for EV charging, infrastructure and ways to handle development projects that were already in process prior to the EV ordinance.
FL Ranks in Top 5 for EV Sales
Florida ranks within the top five states for sales of electric and hybrid vehicles. In fact, a majority of buyers for electric and hybrid vehicles are located right here in Central Florida. By the year 2030, estimated annual national sales of EV’s will exceed 3.5 million vehicles, accounting for more than 20 percent of vehicle sales in the U.S.
Vehicles Running on Gas are 2nd Greatest Cause of Carbon Emissions
Currently, vehicles that burn fossil fuel – gasoline – are the second greatest cause of carbon emissions. Their replacement by electric cars will result in a reduction in the city’s carbon emissions, quieter and more livable streets and improved air quality.
WP Already Has 6 Charging Stations
Since 2011, Winter Park has installed six electric charging stations. Each charging station can charge two cars, one on either side. Stations are available to everyone, free of charge.
Electric Utility Companies Face Greater Demand for Power
For the sake of our state’s economy, infrastructure, and air quality, Central Florida must not only prepare for electric cars, but must be a leader in setting the stage for parking lots full of EVs. Utility companies, for example, will have to prepare for the increased demand for power as consumers charge their car batteries at home, at work or while shopping. Florida Power has already begun by increasing their capacity with solar panels, but there is more work to be done.
WP Ordinance Will Affect New Construction
The proposed Winter Park ordinance will require builders and developers to provide at least two electric charging stations in commercial parking lots that have more than 50 spaces. The ordinance also requires new residential and multifamily homes to include wiring built into the garage or common-use parking lot.
Incentives Are a Possibility
There may be incentives to help with the cost of wiring, such as a rebate from the utility company. An exact amount has not been determined but is under consideration. Some counties and cities provide rebates as high as $500.
WP Maintains Vision of Healthy, Sustainable Future
The above are just a few of the opening ideas which will go through much discussion. The good news is that the process has begun, and that Winter Park is staying consistent with its vision of promoting a healthy and sustainable future for all generations.
Sheila DeCiccio is an attorney with DeCiccio & Johnson. She has served on the Planning & Zoning Board for the past six years. She and her husband have been Winter Park residents since 1982. Their two children were born here and are being raised here.
It’s hard to believe it’s been a year since West Side advocate and some-time gadfly Lurline Fletcher passed away. Lurline’s family has returned to Winter Park to mark the anniversary.
Tuesday, April 2, 4 to 6pm – Shady Park
On Tuesday, April 2, from 4:00 to 6:00 pm, family and friends will gather in Shady Park to celebrate the life and times of Lurline Fletcher. Everyone is welcome and encouraged to join the celebration.
So put on your craziest hat and your biggest sun glasses and come to Shady Park for food and fellowship in honor of Lurline’s legacy – which was . . . always showing up.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Janet Hommel
Dear Mayor Leary, Vice-Mayor Weldon, and City Manager Randy Knight:
We have a problem in Winter Park. You, as city leaders, are not fostering a culture of listening to residents, especially those on the Westside.
Recently, we pleaded with you not to sell Blake Yard. We begged you to consider making a community garden of the space. This was one of the last gems of city-owned urban greenspace.
After you up-zoned and sold Blake Yard, we fought the intrusion of an 8-unit cluster housing apartment building on Comstock, a street of single family homes. Again, you didn’t consider residents’ concerns.
Now you have a proposal to bisect W. Lyman Avenue at New York. You will cut off the Westside from Park Avenue. I read in the agenda item that the Chamber of Commerce is in favor of this change. I note further that staff will reach out to local businesses and will take this concept to the Transportation Advisory Board and the CRA Advisory Board for further review.
What’s missing here? Oh, them! Has it occurred to you to ask what the residents think — especially those on the Westside who will be most impacted?
What would be your reaction if the city were going to cut your street in half, making your block a dead end and forcing you to reroute to reach the other side of town? Imagine further that the city didn’t inform you of this, but rather sought input only from the neighbors on the other half of the bisected street – all of whom were commercial.
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