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.
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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