by Geri Throne - Guest Columnist | Sep 27, 2017 | Headline, News, Tree Canopy, Zoning and Development
No Park Expansion
A 20,000-square-foot medical office building will occupy a lot once home to bowling lanes on Fairbanks Avenue near U.S. Highway 17/92.
City commissioners accepted an offer to buy the land from ComTech Properties for $3.5 million by a 4-1 vote, Commissioner Carolyn Cooper opposed. The site at 1111 W. Fairbanks Ave. has been coveted by some in Winter Park eager to expand Martin Luther King Park.
The city put the land out for bid in June, less than a year and a half after it bought the 1.63 acres from Rollins College for $2.9 million. The college had bought the bowling lanes site in 2013 for $2.85 million as part of a planned athletic field, but sold it to the city after it found another location.
The city used community redevelopment — or CRA — funds from its special downtown taxing district to pay for about a third of the purchase price to Rollins. The intent was to create turn lanes from Fairbanks Avenue onto Hwy. 17/92. There also was discussion at the CRA and city commission level about using the parcel to expand MLK Park.
Commissioner Cooper argued Monday the city should delay the sale “for now,” so it can study what effect the new city library will have on storm water drainage in the area. Hurricane Irma raised the need for more land to offset storm water, she said. Commissioner Greg Seidel voiced similar concerns, as did two residents who spoke to delay the sale. This area “was the TV stand-up spot” reporters used to show flooding from Irma, resident Charley Williams said.
Mayor Steve Leary said the agenda item was “never about park space and water,” but about needing space for traffic lanes. Arguments about stormwater were just another tactic to delay the sale, he said, and that could scare away prospective tenants in the office building and jeopardize the bid.
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by Geri Throne - Guest Columnist | Sep 27, 2017 | Headline, News, Tree Canopy
Power and Police Priorities
Winter Park’s electric utility and law enforcement emerged as partial winners in Winter Park’s budget debates. The city’s tax rate for 2018 will stay the same.
In the wake of Hurricane Irma and complaints about outages, city commissioners figured out ways to make more money available to the electric utility fund. The biggest chunk — $1 million – will be transferred to the utility this budget year from the city’s water reserves. Another $425,000 would be freed up in the utility’s 2018 contingency funding by moving street-lighting from the utility to the general fund, where it had been in the past.
Not yet known is whether that the additional $1.425 million will speed up the city’s underground wiring or how much work could be accomplished. Although several commissioners said the money was intended to move forward with undergrounding, Mayor Steve Leary said some of the $1 million could go toward other improvements necessitated by the hurricane. City Manager Randy Knight estimated the city’s total storm-related costs at $5.5 million with much of that ultimately covered by the Federal Emergency Management Agency, or FEMA.
“The City has undergrounded just over six miles with the $3.5 million provided for the FY17 fiscal year,” said Clarissa Howard, the city’s communications director Tuesday. “It is extremely difficult to determine how much could be done with additional funds as each project is different and complexity can affect the cost.”
Commissioner Carolyn Cooper voted against the $1 million transfer, saying she preferred such fund-to-fund shifts be done as loans that are paid back. Both Mayor Leary and Commissioner Pete Weldon voted against putting street lighting back in the general fund.
NO BODY CAMERAS FOR POLICE
Police Chief Michael Deal was successful in winning an $862,000 increase in his department’s budget. In earlier budget talks, Mayor Leary had asked the department to cut its request by $200,000, but on Monday commissioners decided to approve the full request. They said they wanted the department to be competitive with other Central Florida departments in hiring new officers.
Commissioners, however, declined to budget the $120,000 Deal had sought for police body cameras. In earlier budget talks, only Mayor Leary had supported that request. Commissioner Weldon didn’t want the cameras to be used to make public safety a “political football,” and Chief Deal said he had seen no complaints of excessive force or racial profiling in the year he has been chief.
On Monday, Commissioner Sarah Sprinkel noted the police department’s healthy budget and said the chief could use the money for body cameras if he saw them as a priority. If the chief “can figure out a way to do it, fine,” she said.
NO TAX RATE INCREASE
Commissioner Weldon was unsuccessful in seeking a cut in the property tax rate to 3.9942 mills. That would have removed a half million dollars from the general fund. One mill equals $1 of tax for every $1,000 in assessed property value.
Weldon argued that the city’s coffers are healthy enough to sustain a lower rate. In addition, he said, the same millage will bring in more revenue because the city’s assessed property values have increased. Commissioners voted 4-1 to keep the rate at 4.0923 mills.
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by Anne Mooney | Sep 20, 2017 | Headline, News, Opinion, Uncategorized, Zoning and Development
Stormy Weather Ahead
Will the Lights Stay On?
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Peter K. Gottfried, Guest Columnist
Tropical Storm Maria has now become Hurricane Maria and is battering residents of the Caribbean — even as they are still reeling from the devastation of Hurricane Irma. Too soon to tell if Maria will turn toward Central Florida, but one thing remains certain – the City of Winter Park is still not ready for a major hurricane.
This rotten utility pole at Stovin and Park Avenue fell during Hurricane Irma.
Storm Water Has No Where to Go . . .
Flooding occurs in the same areas of the City it always has – and thanks to continuing development without proper storm water management, it is getting worse. The City knowns about these areas, but continues to take a go-slow approach to addressing them.
. . . Except Into the Roads
Lake Mendsen within Martin Luther King Park – site of the proposed $30 million library-event center — is woefully inadequate to handle existing storm water drainage from the Winter Park Village, the Paseo Apartments and the CNL Heritage Center. Even a heavy afternoon thunder storm will cause flooding on Denning Drive and Harper Street. The construction of the new library, with its associated impervious surfaces, can only make things worse. Other areas of the City that routinely flood include the intersection of Kings Way and Fawsett Road and stretches of Palmer Avenue, where water rises to the curb top after an afternoon downpour.
High Rates Alone Won’t Keep the Lights On
Reliable electric power during major storms is a significant issue. Like many other customers in Winter Park, I was without power for a week following Hurricane Irma.
Let’s Bring Our Infrastructure Into the 21st Century
Winter Park purchased the electric utility from Progress Energy/Florida Power in 2005 with a promise to underground all lines within 10 years. According to the City website, that target completion date has moved out to 2026. Progress is measured in terms of how many miles of line have been undergrounded rather than the number of additional customers served. The current debate is less about how and when to underground and more about how to pay for it. For information about undergrounding in your area, go to https://gispublic.cityofwinterpark.org/ugstatus/
Editor’s Note: The City of Winter Park issued a statement that said undergrounding timeline was 20 years.
Winter Park can do better. There is no reason we should scramble every time there is a major storm. Let’s bring our infrastructure up to date so we can have some peace of mind when the next storm hits.
Peter K. Gottfried is President of Natural Systems Analysts, Inc. which provides technical and scientific support to the U.S. Geological Survey, the U.S. Coast Guard, and the Bureau of Land Management. He served as a City Commissioner and on the Planning and Zoning Board, Lakes and Waterways Board and, currently, on the board of Mead Botanical Garden.
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by Anne Mooney | Aug 14, 2017 | Headline, News
Local Investors Buy WP Magazine
New Ownership for FL Home Media LLC
Winter Park Publishing Company LLC, a new company comprised of community leaders, has purchased the assets of Sarasota-based Florida Home Media, LLC, among them the award-winning Winter Park Magazine, which circulates primarily in Winter Park and Maitland. The purchase price was not disclosed.
In addition to Winter Park Magazine, the company publishes ArtsLife, the official magazine of the Dr. Phillips Center for the Performing Arts, and Florida Homebuyer Orlando, a consumer publication focused on the new-home industry.
Community Asset
“I’m pretty sure that an effort like this is unprecedented in this business,” said long-time editor and publisher Randy Noles, who is a shareholder and CEO of the new company. “People have come to regard Winter Park Magazine as a community asset and were very excited about the opportunity to be involved in this purchase.”
Florida Home Media was originally a spinoff of Sarasota Magazine and Gulfshore Life in Naples, both of which were owned by Dan Denton of Sarasota. Denton recently sold both highly successful magazines to national media companies.
Noles and Denton worked together for 18 years. Noles opened the Orlando division in 2004, and served as a consultant to the magazines in Sarasota and Naples.
“We could have gone the same route in the Orlando market and sought a national buyer,” said Denton, a member of the Florida Magazine Association Hall of Fame. “But given the character of Winter Park Magazine and its standing in the community, we thought it should be owned locally.”
Investors Stand In Line
Noles approached Allan E. Keen, CEO of The Keewin Real Property Company, and Richard J. Walsh, president of Knob Hill Group, requesting help in assembling an investor group to buy the company. Walsh was a co-founder of Winter Park Magazine and published it for three years until it was bought by Florida Home Media in 2012. Keen and Walsh agreed to lend their support and within weeks 44 local investors agreed to get involved.
Editorial Independence Intact
Noles emphasized that the Winter Park Magazine’s editorial independence would not be compromised. He noted the investor group includes people who hold a variety of opinions about local issues, but who are united in their belief that Winter Park is a special place.
“I have no experience in media assets, but my love for Winter Park and the amazing quality of Winter Park Magazine under Randy’s leadership made this an easy decision for Linda and me to invest, and to ask others to join,” said Allan Keen.
Local Ownership Is Key
Walsh added, “This investment not only ensures that a community asset remains under local ownership, but it’s also going to be enjoyable for our shareholders. All of them are proud of their community and view the magazine as the embodiment of that pride.”
In addition to Noles, Keen and Walsh, Theresa Swanson, publisher of Florida Homebuyer Orlando and a leader in the region’s new-home industry, will also be actively involved in the company’s management.
Community Owners
Larry and Joanne Adams; The Albertson Company, Ltd.; Richard O. Baldwin Jr.; Jim and Diana Barnes; Brad Blum; Ken and Ruth Bradley; John Caron; Bruce Douglas; Steve Goldman; Hal George; Michael Gonick; Micky Grindstaff; Marc Hagle; Larry and Jane Hames; Eric and Diane Holm; Garry and Isis Jones; Allan E. and Linda S. Keen; Knob Hill Group (Rick and Trish Walsh, Jim and Beth DeSimone, Chris Schmidt); Mitch Lasky; Drew and Paula Madsen; Kevin and Jacquelin Maddron; Kenneth J. Meister; Jack Myers; Ann Hicks Murrah; Jack Myers; Michael P. O’Donnell; Nicole and Mike OKaty; Bill and Jody Orosz; Martin and Ellen Prague; Serge and Kerri Rivera; Theresa Swanson; Sam Stark; Theresa Swanson; Randall J. Robertson; George Sprinkel; Philip Tiedtke; Roger Thompson; Ed Timberlake; Harold and Libby Ward; Warren “Chip” Weston; Thomas H. Yochum; and Victor and Jackie A. Zollo.
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by Anne Mooney | Jul 26, 2017 | Headline, News
News Update
No Medical Marijuana Dispensaries in WP
On June 9, 2017, the Florida Legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act, designed to establish regulations for the implementation of Amendment 2, which allows the sale of medical cannabis in the state of Florida.
Political Banana Peel
In what Commissioner Peter Weldon called a “political banana peel thrown under our feet,” the law makes county and municipal governments choose. Either they must treat medical marijuana dispensaries exactly the same way they treat pharmacies or they must ban them altogether.
Dispensaries Banned – For Now
On Monday, July 24, the Commission voted 4-1 to pass an ordinance banning medical cannabis dispensaries from the City of Winter Park. Commissioner Sarah Sprinkel cast the dissenting vote.
Medical Marijuana Supporters Seek to Overturn Law
Meanwhile, proponents of medical marijuana dispensaries are asking the courts to overturn the state law. If they are successful, adoption of the City ordinance automatically establishes a one-year moratorium, which would give the City time to understand the impact of the court ruling and to devise an alternative ordinance that would be in full compliance.
Editor’s Note: Readers wishing to comment on this latest development should scroll to the end of the full story and click the Comment link there.
Will of the Voters – Up In Smoke?
State Rules Restrict Medical Marijuana in FL Cities
July 26, 2017 / by Anne Mooney
At a special work session July 25, the Planning & Zoning (P&Z) Board moved to request the Commission enact an ordinance “to prohibit medical marijuana treatment center dispensing facilities within the boundaries of the city . . . .”
If the Commission passes it, this ordinance will repeal and replace a 2014 ordinance, No. 2981-14, which would have permitted dispensaries of non-euphoric medical cannabis in limited industrial and warehouse districts within the city.
Winter Park is among 88 municipalities and four counties (Osceola, Sumpter, Hernando and Columbia) considering prohibitions, moratoriums or other restrictions on medical marijuana dispensaries.
Voters Want Medical Cannabis
On the November 8, 2016, ballot, Florida voters approved the Florida Medical Marijuana Legislation Initiative, also known as Amendment 2, with a decisive 71.3 percent of the vote. The measure went into effect January 3, 2017. The state legislature, however, neglected to establish the necessary rules and regulations for the implementation of Amendment 2 during their regular session.
House Speaker Wants to Make the Rules
House Speaker Richard Corcoran, however, objected to ceding power for making rules for implementation to the Florida Department of Health and called for a special legislative session to address medical marijuana legislation. “To just leave it to bureaucrats sitting over at the Department of Health,” he said, “I think would be a gross injustice.”
Gov. Scott: ‘Okay, Make the Rules’
On June 2, Governor Rick Scott called for a special session June 7 through June 9. He issued a statement, “Medical marijuana was approved by 71 percent of Florida voters in 2016, and I believe that it is the role of the Florida Legislature to determine how to best implement this approved constitutional amendment. I am glad that both the Florida Senate and House are moving toward crafting legislation to help patients, and I have added medical marijuana to the call for special session.”
Senate Writes the Rules . . .
On June 9, 2017, the Florida State Legislature passed Senate Bill 8A (SB 8A), the Medical Use of Marijuana Act, designed to establish regulations for the implementation of Amendment 2.
SB 8A defined the medical conditions that qualified a patient for medical marijuana. It placed a cap on the number of retail dispensaries and medical marijuana treatment centers until April 1, 2020. It banned smoking medical marijuana. It banned doctors with a financial interest in marijuana growing or testing facilities from prescribing marijuana. It levied no tax on medical marijuana.
Locals Implement the Rules . . .or Not
The law also gave local county and municipal governments a choice. Either they can regulate medical marijuana dispensaries exactly the same way they regulate pharmacies . . . or they can ban them.
In short, the only way to regulate them is to ban them completely.
Commission to Decide at July 24 Meeting.
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by Anne Mooney | Jul 11, 2017 | Headline, News, Zoning and Development
News Update: New England Ave. Project Denied
by Anne Mooney
On a 5-0 vote last night, the Commission denied BFC Holdings’ application to build a 52,600 square-foot mixed use complex at 158 E. New England Ave.
Fuzzy Parking Math Still Not Cleared Up
The basis for denial was the applicant’s failure to offer sufficient mitigation for the 80- to 100-space parking deficit (the exact number depends on who’s counting and how). Even though the City was prepared to grant an unprecedented concession of requiring three parking spots per 1,000 square feet of office/retail space – all other Class A office buildings in Winter Park are required to provide four spaces per thousand – BFC Holdings still came up short.
CBD Parking Study Now in Progress
When this project was tabled at the March 27 Commission meeting, Planning Director Dori Stone observed that the City’s parking studies needed updating. The City has since hired a consultant, Kimley-Horn, who is now in the midst of a parking assessment of the Central Business District (CBD). Commissioners suggested that allowing this project to go forward with such a large parking variance before they have the study results would be premature.
If the Parking Code is Wrong, Why Is It Still In Place?
Commissioner Sarah Sprinkel objected to the Commission being asked to grant what amounts to a change in the parking code for a single applicant. “Why is the code still in place, even when you are now telling us it shouldn’t be?” asked Sprinkel.
‘Class A Office in the CBD Is Different’
At the March 27 Commission meeting, Planning Director Dori Stone asserted that Class A office space in the CBD operated differently from Class A office space in any other part of Winter Park and could, therefore, be supported by three spaces per 1,000 square feet.
‘What Is Class A Office, Anyway?’
At the July 10 meeting, Planning Manager Jeff Briggs stated that staff “was having difficulty coming up with an agreed-upon definition of Class A office space.” Parameters for size and other characteristics of everything from hallways to conference rooms, which would set ‘Class A’ apart from Classes B or C, apparently do not exist.
Can Valet Parking Promise Be Enforced?
Referring to the applicant’s assurances that all visitors to the new complex would be required to use valet parking, either in the New England Avenue building garage or in the Bank of America garage across the street, Commissioner Greg Seidel questioned how the requirement to use valet parking would be enforced.
Unless the applicant enforces the valet parking, it probably will not be enforced at all, since Winter Park employs only one parking enforcement officer for the entire City.
Time to Close This Chapter
Commissioners asked the applicant for compromise. “The building is lovely,” they all agreed, “but it’s too big.” Commissioner Peter Weldon said he thought it was time to “close the chapter” on the application in its current form, and he moved to deny. The other four Commissioners agreed.
Duck the Summer Heat & You’ll Miss All the Fun
BFC Holdings is Back with New England Ave. Project
July 8, 2017 / by Anne Mooney
BFC Holdings will return to the Commission on Monday, July 10, with their proposal to build a 52,600 square-foot mixed use building at 158 East New England Avenue.
BFC Wants Big Variances
The proposal came before Planning & Zoning and then the Commission in March of this year. Neither body was able to reach a decision regarding the project, which requests variances for building height, third-floor setbacks and a significant parking deficit.
P&Z Can’t Decide
After hearing the application on March 7, P&Z was evenly divided, with a 3-3 vote. Rather than tabling again – as they had at the November 7, 2016 meeting — or denying the application, P&Z kicked it forward to the Commission.
Commission Can’t Decide
On March 27, the Commission couldn’t decide either. They were okay with the variance for 45 feet of building height, rather than the 40 feet permitted in C-2 zoning. They were also willing to go along with a vertical façade along Knowles Avenue with no setback or terracing on the third floor to break up the vertical mass of the 45-foot-high wall. But they just couldn’t solve the applicant’s fuzzy parking math. See Winter Park Sings the Parking Blues.
‘Back to the Drawing Board’
Concluding a meeting that lasted well beyond 10:00 p.m., the Commission unanimously voted to table the application, advising the applicant their project “was not ready for prime time,” and to “work things out” regarding the parking variances.
What’s Changed Since March 27th Meeting?
According to the July 10 Agenda Packet, City staff has “discussed parking issues and suggested changes with the applicant based on comments made by individual commissioners at the public hearing. However, the application is unchanged since the March 27th meeting.”
Only the Weather Has Changed
Apparently, the only things that have changed are the weather and the requirement for public notice. According to City Code, after a tabling the only people required to receive notice in the mail of a public hearing are property owners within 1,500 feet of the subject property. The hearing is, however, publicly advertised, as are all public meetings.
Form, Not Content
The application contains a draft Developer’s Agreement that was not included in the March 27th application. According to the Agenda Packet, the agreement incorporates approvals needed and commitments from the applicant made at the March 27th meeting. The draft, however, contains changes recommended by the City Attorney only “as to form but not content.”
Two Hearings Required for Approval
Since no decision was reached at three previous hearings, BFC still has to clear the hurdles. As a request for Conditional Use for a three-story building within the Central Business District, BFC’s application requires two more hearings. A July 10 Commission decision to approve the project would result in a second hearing July 24.
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