What to do about Winter Park’s Infestation of Carpetbaggers?
Open Letter to the Mayor, Commissioners and my Winter Park Neighbors
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Todd C. Weaver
Population Threshold is a topic that rarely comes up in conversations about public policy, but it should, and particularly with regard to the proposed 18-unit Planned Urban Residential Development (PURD) on Aloma between Lakemont and Phelps.
What is Population Threshold?
A Population Threshold is the point at which the rate of increase of the per capita cost of public services is more rapid than the rate of increase in population. You’ve likely heard the false narrative that increasing the size of our tax base is good for Winter Park.
In the long run, nothing could be further from the truth.
Taxes Go Up as Thresholds Are Crossed
As population density increases, the cost per capita for public services increases at a faster rate than the population, and any increase in housing density never pays for itself. It gets paid for by increasing taxes on the entire population. Likewise, chances that an increase in the commercial tax base pays for itself are slim to none.
Winter Park boasts a fine staff of experts that oversees the functionality of our city services. These people can tell you that at certain thresholds, city service costs, which are funded by taxpayer dollars, must accommodate increases in development at certain trigger points or “thresholds.”
Hundreds of Miles of Buried Pipe and Conduit
Staff responsible for public works and utilities can tell you that we have hundreds of miles of piping and conduits buried under the City to handle sewage transfer, storm water and potable water. We also have a plan in place to use recycled water for irrigation, requiring more miles of underground piping. The same is true for the electric undergrounding effort, currently underway.
At some population threshold, the carrying capacity (size) of these pipes and conduits must be increased, at a substantial cost to present and future residents and businesses. Streets must be dug up, traffic rerouted, expensive horizontal drilling where traffic cannot be practically diverted, temporary diversions of flows during construction, additional pumping and lift stations, water treatment facilities, increased electric substation equipment . . . and the list goes on.
Public Safety Costs Increase
The cost of Public Safety rises commensurately. The frequency of police calls from high-density, multifamily developments is far greater than those from single family homes and most businesses. This requires increased patrols, call answering and staff. We need more manpower and more sophisticated firefighting and EMT equipment to handle high-density structures as development and population increase.
Traffic Increases
Increased density brings increased automobile traffic, adding to the nutrient loads draining into our lakes. We must compensate for the increased nutrient load in our waterways with expensive herbicides, increased labor and expensive aquatic equipment to handle tussocks, algae blooms and dredging exacerbated by development. Every time additional pavement or impervious surface is laid, storm water runoff increases, putting us closer to another threshold.
High Density = Variances
The development at Aloma and Lakemont is all too common a scenario. Despite having a Comprehensive Plan and zoning codes in place, a small number of players, who are well aware of the limitations of land use imposed by City regulations, now expect the Planning & Zoning Board and the Commission to roll over and grant their claims for significant variances, zoning changes and other non-compliant requests.
The developer, ANSAKA, LLC, bought four single family lots and one office lot. At the April 9 Commission meeting, the City will be asked to rezone them all — on the primary east-west corridor through the City. When combined, the lots do not meet the 2-acre minimum required by code to build such a development.
Profit Is Not Dependent on Zoning Changes
I’ve developed multiple commercial and residential properties in several Florida counties over the past 20 years. Never once did my company believe it had the right to ask for any variance to local or State codes. We were happy to have the assistance of municipal and county staff to guide us through the maze, and were content with a reasonable profit in every case.
Developers have a right to make a profit — that’s not the argument. What we have now in Winter Park, however, are a few developers who think it’s their right to maximize profits at the expense of Winter Park residents and businesses, and at the expense of our standard of living. These firms are like the carpetbaggers of the Reconstruction South, arriving with an empty bag, staying long enough to fill the bag with money, then leaving the townsfolk to deal with the resulting mess.
Asking Everyone to Use the Same Playbook
All we ask is that everyone play by the same rules — the rules we all agreed to in our Comprehensive Plan and zoning codes.
I respectfully ask the Commission to consider the above facts and logic and do the right thing by holding the line on our Comp Plan and zoning codes in the interest of your current and future constituents.
Sincerely,
Todd Weaver
Todd Weaver is a 22-year resident of Winter Park, and a 45-year resident of central Florida.
After graduating from UCF’s College of Engineering, Weaver spent much of 30 years as an aerospace & mechanical design engineer. He also attended UF Gainesville, taking graduate courses in biochemistry, veterinary medicine and other life sciences. He holds a Florida General Contractor license and has developed several residential and commercial properties.
Three years ago, Weaver and two partners founded a Winter Park-based company, TruGrit Traction, which has designed and patented a new type of wheel for underground pipe-inspection robots. Weaver’s company supplies Winter Park’s Water & Wastewater Utilities Department with wheels for their camera robots, at no charge to the city. TruGrit Traction proudly engineers, manufactures and assembles all products in the USA, with sales in 50 states, Canada and the European Union.
Have Our Elected Reps in Tallahassee Gone Off the Rails?
There is a group of bills making its way through the Florida legislature that would take away Home Rule from local governments and concentrate it at the state level. Leaders in Florida’s 410 municipalities and 67 counties are united in their opposition to the state legislature’s “one size fits all” approach to regulation of such things as short-term vacation rentals, Community Redevelopment Agencies and. . . trees? That’s right: trees.
Maitland Mayor Dale McDonald and Eatonville Mayor Eddie Cole attended the February 12 Commission meeting to show their solidarity with Winter Park and to urge all residents to demand that our representatives in Tallahassee oppose legislation that will preempt home rule.
Maitland Mayor Deplores ‘Arrogance’ of Elected State Reps
Speaking before the Commission, Mayor McDonald expressed his disillusionment with the “condescending arrogance” of our elected State representatives, “people we’ve known well – elected officials and legislators . . . who can pretend to be acting in your best interests, but who are not . . . .”
“The fear of leadership, the adversarial tones of the last couple of sessions, have been palpable,” said McDonald. “They will all remark on that. Our representatives in Tallahassee will tell you, ’Sorry, we can’t do anything, it’s the leadership. To get something, we’ve got to go along.’”
Whose Money Buys the Message?
McDonald noted, “It’s a whole lot easier to persuade one-hundred-odd legislators than it is 400 cities and 67 counties. But that’s their job. It’s not their job to make it easier for them to get paid – by the PACs and campaign contributions and so forth.” (The reader is encouraged to view Mayor McDonald’s complete remarks.)
A letter to Winter Park citizens from City Manager Randy Knight describes three bills that are particularly problematic.
Short-term Rentals
HB 773 prohibits cities from establishing ordinances specific to short-term vacation rentals. Online vacation rental sites like VRBO and Airbnb have generated brisk business in short-term, hotel-like rentals in residential neighborhoods. Problems include inadequate parking, noise and the presence of strangers in neighborhoods. Passage of HB 773 would prevent the City from locally regulating these businesses.
Community Redevelopment Agencies – CRAs
HB 17 and SB 432 would allow a CRA to be phased out if it is not reauthorized by a super majority vote of the body that created it. Winter Park’s CRA was created in the mid-90s and has been the catalyst for the renovation of the Hannibal Square commercial area, the Park Avenue street scape, construction of the Winter Park Community Center, numerous affordable housing and housing rehab projects and after-school programs.
Tree Trimming
With a school system that has dropped to 28th position nationally, according to Education Week, aging infrastructure and a fragile, over-taxed supply of fresh water, one would think our elected representatives in Tallahassee could find a better way to spend their time than developing tree-trimming regulations for cities like Winter Park and Eatonville.
Call to Action — It’s Not Too Late
Right Now — Email or phone your senators and representatives and tell them to oppose these bills and any others that prevent local government from maintaining the high standards that sustain the charm and character of Winter Park. Note — phone calls work as well as emails. They are recorded and they carry a lot of weight.
The vote is Thursday, Feb. 22, so there’s not a lot of time. It only takes a minute to Act Now. It’s time for Tallahassee to get back on track.
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.
Guest Columnist Jan Hommel
Editor’s Note: On November 20, Commissioner Peter Weldon posted the following comment on the Winter Park Voice Facebook group. The post was in response to a November 18 article in the Voice titled “Ravaudage Gets $1.2M in Infrastructure Costs.”
From Commissioner Peter Weldon
Here are the relevant facts.
The Ravaudage road agreement pertains to specific lengths of specific roads the city of Winter Park acquired when it annexed the property. The background and agreement text can be found beginning on page 27 of the November 13, 2017 commission meeting agenda packet.
These roads are the city’s responsibility. They currently do not have curbs, sidewalks, or proper drainage. The developer intends to improve these roads with drainage, curbing, parking, and sidewalks at or above city design standards, but has no obligation to do so.
The $1.2 [Million] potential payment to the developer is ONE HALF of city staff’s estimate of what we would have to pay to do the minimum amount of work required to bring these roads up to city standards. The developer is going to do all the work subject to city approval of the plans. The developer does not get paid unless the city approved work is completed.
The bottom line is that the city can realize fully improved roads with parallel parking and wider sidewalks than our minimum standards for one half the cost the city would have spent if the developer chose not to improve these roads.
Ms. Mooney and those trying to create a political conspiracy would better serve the city and our residents by being better informed before speaking.
Come on folks. Study the issues before speaking publicly.
Regards, Pete Weldon
Winter Park Vice Mayor
Voice Reader Jan Hommel Responds
Mr. Weldon:
Thank you for requesting Voice readers get the facts before expressing their opinions. I did that. Here’s what I found.
In 2013, the city of Winter Park annexed the property as Home Acres. It was zoned single family, residential, with existing roads that were adequate for their intended use. According to Public Works Director Troy Attaway on 7/24/2017, it would cost about $30,000 to bring the public roads up to city standards for residential use. Commissioner Carolyn Cooper pointed out that when the city annexed the property from Orange County, the county had made no commitment to improve the infrastructure in the development.
The developer, Mr. Dan Bellows, now wants the city to help him bring the roads up to “minimum standards” — for his use in a high-density, mixed commercial-residential development. Building and upgrading roads and sidewalks is a normal part of a developer’s cost of doing business. Windsong and the Lee Road extension built by the Whole Foods developer are prime examples.
Although it is not unprecedented for municipalities to contribute to infrastructure cost, this usually happens in a weak economy as part of a public-private partnership to help kickstart development.
City Manager Randy Knight stated that the city is under no obligation, legal or otherwise, to give this money to Mr. Bellows. He said the only reason to do so is if the Commission thought it would help spur economic development.
This does not apply to Ravaudage. When pushed, the only recent case Troy Attaway was able to cite of the city improving a roadway to benefit business was the Fairbanks roadway improvement, which is not comparable.
At the August 14, 2017 meeting, the Commission voted 5-0 to have staff provide an analysis of the economic benefit the $1.2M payout to Mr. Bellows. Apparently none was provided.
Troublesome Rationale
Commissioner Weldon, your rationale for this give-away was particularly troublesome. First, you stated it will give us control over the roads. Winter Park already has control over public right-of-way road improvement by developers.
Second, you wrote we will get quality roads for half the price. True, but if we can get something for half-price or for free, shouldn’t we take free? As a developer, it is in Mr. Bellows’ interest to put in high quality roads and sidewalks. Mr. Knight clearly stated that we did not HAVE to contribute anything to upgrade the roads.
No Risk?
Next you supported this plan because it was no-risk. True, nothing will be paid out until the city collects money from the project in the form of unrestricted impact fees and property taxes. I am appreciative of the fact that you didn’t want to put city money at risk by giving Mr. Bellows money up front, but at that point, your reasoning fails.
No Gain
If you truly believe that Mr. Bellows needs an infusion of cash from the city in order to hasten development in Ravaudage, then fund him up front. As Commissioner Seidel observed, the timing of the flow of funds, while protecting the city, does little to serve your stated purpose of speeding along development. It may be no risk, but it’s also no gain. Why spend $1.2 million when only Dan Bellows benefits?
In summary, Mr. Weldon, you, along with Ms. Sprinkel and Mr. Leary, voted to give $1.2 M to Mr. Bellows. This money was not necessary to have functioning roads. This taxpayer money was in ADDITION to the high density accommodations that Mr. Bellows already received. This $1.2 M is certainly not needed to encourage development in our very robust Winter Park economy.
Please know the voters are watching. We will be taking these fiscally irresponsible actions into consideration when we go to the polls.
Sincerely.
Jan Hommel
P.S. To the Voice readers, according to City Attorney Kurt Ardaman, this matter should come to the Commission again. Please voice your opinion to the Commission.
The City Commission voted 3 – 2 November 13 to give developer Dan Bellows a $1.2 Million reimbursement over a 10-year period for work on city roads in the Ravaudage development.
Ravaudage Background
The Ravaudage area, once known as Home Acres, was re-annexed in 2012 from Orange County into the City of Winter Park after Mr. Bellows had done some initial work on the property under the auspices of Orange County. Orange County permits allowed Bellows to build greater density and provide less green space than he would have under Winter Park rules. When the property went from Orange County jurisdiction back into Winter Park, the terms of the Orange County permits were honored by the City of Winter Park.
Bellows: ‘City Will Benefit’
The interior roads subject to the current agreement include Benjamin, Lewis, Loren, Glendon Pkwy and Kindel, which were paved by Orange County. As part of his redevelopment of the area into commercial, office, multifamily and residential land uses, Bellows proposes to rebuild roads in the City right of way, adding wide sidewalks, drainage inlets, curbing and on-street parking. Bellows’ justification for requesting partial reimbursement for permit fees is that the City will benefit from these improvements, therefore the City should bear part of the cost.
Cooper Sees Troublesome Precedent
Not everyone sees it that way. Commissioner Carolyn Cooper, who was out of town and phoning in to the meeting, noted that while Orange County had approved greater density, more leasable square footage and less green space, the County had never anticipated paying for infrastructure as part of the original agreement.
Cooper said she was opposed to granting Bellows’ request for three reasons. First, infrastructure contributions were not anticipated in Orange County’s original approval. Second, said Cooper, “Windsong and Whole Foods developers demonstrated that we can get quality development without having to give injections of taxpayer funds. And, lastly, it is not fair to other developers.”
“I am totally opposed,” Cooper concluded, “and find the precedent quite troublesome.”
Seidel Searching for the ‘Win-Win’
“I don’t see the win-win here,” Seidel told the Voice. “There is no tangible value to the City for doing this work. The city doesn’t need to improve these roads — Dan Bellows does. On the other hand, the intersection at Lee Road and Executive Drive needs a signal. I would be happy for the City to contribute money to that improvement, because the entire city would benefit.”
Leary, Weldon, Sprinkel See Benefit to City
Mayor Steven Leary supported Bellows’ request, noting that the planned improvements will meet or exceed Winter Park standards. Commissioner Sarah Sprinkel agreed and made a motion to approve. Commissioner Peter Weldon, who seconded the motion to approve, said he could support the deal because, “We get control over the roads, essentially.”
No Risk
Public Works Director Troy Attaway explained that the ‘no risk’ aspect of the agreement refers to the fact that Bellows’ company will receive no reimbursement of fees until the City has received a portion of the permitting fees from him and has seen an increase in ad valorem taxes from the property.
This is not the first time the Commission has been generous with Mr. Bellows. In January 2015, Leary was one of three commissioners who approved a variance for Ravaudage in which one building went from four to six stories while the height of an alternate building was reduced.
The Winter Park-Maitland Observer reported that during the week preceding the 2015 vote, contributions from five corporate entities associated with Mr. Bellows were deposited into the coffers of Leary’s mayoral campaign. See campaign report.
At the time, Leary denied taking campaign contributions from Bellows and accused his opponent of making “spurious connections” between him, Bellows and the money. “Dan Bellows has not made a single contribution to my campaign to this day,” Leary told the Observer. “He has nothing to do with those LLCs.”
Bellows also denied having ownership in the LLCs. The Observer reported, however, that Winter Park City Commission records showed Bellows has represented at least three of those entities before the Commission. Minutes from July 8, 2013 City Commission meeting list Bellows’ name alongside CRDI LLC. At the April 12, 2010 meeting, Bellows represented Venetian LLC, and he represented WFG LTD in a meeting five months later.
Commission Approves Request
The Commission approved the agreement with Bellows on a 3 – 2 vote, with Cooper and Seidel dissenting. The table below, which appears on page 30 of the November 13, 2017 Commission Agenda Packet, shows how the developer will be reimbursed over a 10-year period.
At their October 9 meeting, Commissioners once again denied Villa Tuscany’s application for conditional use for a 31,000 square foot memory care facility at 1298 Howell Branch Road with a decisive 5 – 0 vote.
Villa Tuscany Revises Application for Conditional Use
In March 2017, after the Commission denied their application for a somewhat larger memory care facility, Villa Tuscany sued the City in an attempt to reverse the decision. The developer and the City entered into a mediated settlement process, overseen by a Special Magistrate. City Manager Randy Knight led the negotiations for the City. The result was the revised application for conditional use and variances presented October 9.
Applicant Still Seeks Variances
City Planning Manager Jeff Briggs explained in his presentation to the Commission that the developer had made three basic changes. The building was reduced from three stories to two stories, although the overall height of the building was dropped by only four feet, from 35 feet to 31 feet. The planned facility would accommodate 49 beds instead of the original 51 beds.
Second, the parking lot was moved from a 25-foot setback from Lake Temple to the 50-foot setback specified by City Code.
Third, the building was shifted eastward on the property to protect the view of the neighbors across Lake Temple. The shift in location put the building to within 15 feet of the sinkhole on the property. Code requires a 50-foot setback from any wetlands, so approval would involve a setback variance of 35 feet.
No Commission Guidance for Staff During Negotiations
“This mediated settlement process is certainly interesting from the staff’s perspective,” observed Briggs. Staffers who engaged in the negotiations were advised by City Attorney Kurt Ardaman that they were not allowed to speak with Commissioners about the project while the negotiations were underway.
“We had to base our decisions based on comments we heard from some of you at that March public hearing,” said Briggs, “and we had to kind of guess, to be perfectly honest.”
Briggs said he thought the reduction in number of stories and increased setback from Lake Temple might be sufficient for a staff recommendation of approval, but deferred to the Commissioners.
Well-Organized Community Opposition
The applicant then presented their case, followed by a brief Commission discussion, which consisted chiefly of Commissioner Sarah Sprinkel’s motion to deny and Commissioner Carolyn Cooper’s second.
Residents of the neighborhood, led by spokespersons Barry Render and Nancy Freeman, opposed the project on grounds that the structure is incompatible with the surroundings and is simply too large.
They acknowledged that while there are commercial buildings to the north and east of the property, those buildings are around 3,000 square feet – one-tenth the size of the proposed memory care structure. In fact, Freeman pointed out, the proposed Villa Tuscany project is larger than City Hall.
Freeman and Render said the neighbors did not object to the purpose of the project. They cited the example of Alabama Oaks, another memory care facility in Winter Park that is owned by the same applicant. Alabama Oaks is a series of small cottages that house the residents and staff of the facility, one which the neighbors feel would be suitable in their neighborhood.
Drone Photos Show Flooding at the Site
The citizens’ presentation included drone photographs taken several weeks after Hurricane Irma hit this area September 10. Photographs show the proposed building site would still have been under water as of the October 9 meeting. One can assume the additional impervious surface of a large building and 25-space parking lot would cause the water level to rise further.
Dr. Render concluded the neighbors’ presentation with a request. “We would like a project that is proportionate in size and scale, is compatible with our neighborhood, one that would preserve the charm and beauty of north Winter Park and one that would require zero variances.”
Thumbs Down 5 – 0
At the end of the day, the Commissioners unanimously denied both the application for conditional use and the Mediated Settlement Agreement.
The applicant still has the opportunity to seek relief in the court system.
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.
We Depend on your support, make a tax-deductible donation here.
Mission
The Winter Park Voice is a trusted nonprofit journalism site that covers our City Hall and beyond. We endeavor to engage, inform and connect citizens on all sides of issues affecting the quality of life in Winter Park.
Population Threshold is a topic that rarely comes up in conversations about public policy, but it should, and particularly with regard to the proposed 18-unit Planned Urban Residential Development (PURD) on Aloma between Lakemont and Phelps.
Recent Comments