News Update: New England Ave. Project Denied
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.
MLK Game Changer
MLK Game Changer
Will Rollins Stadium Disappear from MLK Park?
Editor's Note: Articles written by citizens reflect their own opinions and not the views of the Winter Park Voice.Guest Columnist — Charley Williams
At a June 15 Parks and Recreation Advisory Board workshop, the attending parks consultant stated that Rollins College and the City were contemplating moving the Rollins softball stadium out of MLK Park. Communications Director Clarissa Howard told the Voice that Rollins officials had indicated “a willingness to discuss the possibility,” though she could not confirm that such discussions are currently underway.
Whether these discussions occur now or in the future, if it turns out the stadium can be removed from its present location, a primary reason for relinquishing the bowling alley property would also be removed.
Commissioner Sarah Sprinkel wrote in a June 14, 2017, email: “The perpetual agreement Rollins has for the 3 million dollar (their money) lease for the softball stadium is not an attractive structure to view and disallows a long range view of the park. That is not within our purview to undo and would make extremely costly space.”
Costly or not, the stadium has outlived its usefulness. It is no longer regulation size and cannot support sanctioned play or host tournaments.
From Bowling Alley to Grand Allee
The possibility of removing the stadium opens up a whole new dynamic for MLK Park. If the bowling alley property were retained and added to the mix, it would create unobstructed sight views — a dramatic ‘view-shed’ from the planned library/events center on the north end of the park all the way to Fairbanks on the south. Winter Park would have a gateway feature with a Grand Allee, leading to a world-class library-event structure with green space in between. 
I hope the Mayor, Commissioners and City Manager do engage in discussions with Rollins to remove the stadium from the MLK footprint, and that they will reconsider the opportunity to create that unobstructed view through the park.
In the presence of such a possibility, would it not be wise to slow things down, to assume a wait-and-see stance? That kind of game changer would be a win for everyone.
Vice Mayor Goes Full Monty
Vice Mayor Goes Full Monty
On June 1, I wrote an article titled “Keep the Bowling Alley Property – Expand MLK Park” and published it in the Winter Park Voice.
http://winterparkvoice.com/keep-the-bowling-alley-property-expand-mlk-park/
The next day, June 2, Commissioner Peter Weldon circulated an email to Winter Park residents with a link to his own blog, Winter Park Perspective. Weldon’s instruction at the top of the email was: “Fellow Winter Park Residents, Please share with friends and neighbors.” Having received this email and concluding I was not alone in receiving it, I heeded Weldon’s instruction and posted his email in the comments section below my story.
From: Pete Weldon
Subject: A Few Trees, Lots of Concrete, Little Expanded Park, Lots of Your Money
Date: June 2, 2017 at 10:10:05 AM EDTFellow Winter Park Residents,
Please share with friends and neighbors.NEW POST: A Few Trees, Lots of Concrete, Little Expanded Park, Lots of Your Money (click to read on-line)
The editor of Winter Park Voice, Anne Mooney, has stopped her pretense of providing “news” and has gone public with her true purpose, that being to use her blog and Facebook page to promote her policy prescriptions for Winter Park. Notably, these prescriptions are underpinned by conspiracy theories and based not on fact, but on suspicion that those who actually spend their time serving the city must have some unjust ulterior motive, because they don’t share her views.I am going “full monty” on this because the people of Winter Park deserve to understand the manipulation. I expect, and believe you deserve, city policy driven by full and thoughtful debate, not driven by political manipulation from people for whom a political agenda supersedes respect for the facts and respect for those who serve our community.
Ms. Mooney’s latest piece exposes her efforts as a significant disservice to Winter Park.
Please read: “Keep the Bowling Alley Property – Expand MLK Park,” and then go here for some facts.Sincerely, Pete Weldon Vice Mayor of Winter Park
Who Puts Up Comments on Voice Site?
Only two people can post anything on the WP Voice website – the editor and the web developer. Comments input on the site are held for moderation and must be approved, and only then are they posted. Comments containing personal attacks and inappropriate language are not posted. Comments may be edited to remove inappropriate language. No reader has direct access to the site.
Originally, I posted Commissioner Weldon’s email under the title “Pete Weldon.” He did not post it; I did.
“John Dough” Weighs In
Very soon after, a person writing as “John Dough” responded to Weldon’s comment. I moderated Dough’s comment and posted it. It appears beneath Weldon’s post, as it was written in response to Weldon’s comment, not to the article.
Those of you who have posted on the Voice website know that there is a way for you to post with a pseudonym and a way to hide your email address. “John Dough” posts frequently and takes advantage of these features. When his or her post arrives via email, the only information visible to the moderator is the IP Address of the computer. The right to post an anonymous comment has been the policy of the Voice since its inception, and it will remain Voice policy.
Weldon Response
The next day, June 3, Commissioner Weldon sent the following email.
From: Pete Weldon
Sent: Saturday, June 3, 2017 9:16 PM
To: anne mooney <annemooney@earthlink.net>
Subject: ProblemMs. Mooney,
I note a comment here: http://winterparkvoice.com/keep-the-bowling-alley-property-expand-mlk-park/ under my name that I did not post. It appears the person commenting anonymously as “John Dough” created the comment under my name so he or she could write a response, pretending it was a response to something I posted.I ask that you immediately remove the comment using my name, along with the response.
I ask that you send me the identifying Internet information on the comment under my name. This would include email address and IP address along with other information tracked by your blog software.
I ask, as I have before, that you limit comments to the Winter Park Voice Facebook page where the author needs to have a verified identity. I hope you will someday contribute to minimizing politically motivated manipulation of the facts, rather than facilitating such behavior.
Regards, Pete Weldon
Another Email Arrived June 5
From: Pete Weldon
To: ‘anne mooney’ <annemooney@earthlink.net>
Subject: RE: Problem
Date: Jun 5, 2017 11:42 AMMs. Mooney,
The fraudulent comment under my name is still present: https://www.drphillipscenter.org/cart/reserve-seats.stml?perf_id=5797.[sic]I am looking into legal action and encourage you to remove the comment and the response immediately.
I also ask that after removing the comment and response, that you post a comment noting what happened and tell your readers what changes you will make in your site policies to avoid abetting such fraud. I point out that your failure to have and to enforce policies intended to avoid such fraudulent behavior is a tacit endorsement of such behavior.
Regards, Pete Weldon
June 6 — Weldon wrote to correct the typographical error in the link.
From: Pete Weldon
Sent: Jun 6, 2017 12:17 PM
To: ‘anne mooney’
Subject: RE: ProblemMs. Mooney,
The link below is a typo. The correct link is: http://winterparkvoice.com/keep-the-bowling-alley-property-expand-mlk-park/.I trust you will remove this fraudulent comment using my name and the related response. It has now been 3 days since the initial request.
Regards, Pete Weldon
Comment Heading Revised
In response to Weldon’s request, I changed the heading above Weldon’s comment to read, “Emailed to residents by Peter Weldon and posted here by WP Voice staff.”
On June 19, Weldon sent the following message.
From: Pete Weldon
To: anne mooney <annemooney@earthlink.net>
Subject: Using my Name without my permission
Date: Jun 19, 2017 4:41 PM
Ms. Mooney,I see you have changed the title of the fraudulent comment under my name. Link: http://winterparkvoice.com/keep-the-bowling-alley-property-expand-mlk-park/.
The title now reads: Emailed to residents by Peter Weldon and posted here by WP Voice staff
June 2, 2017 at 4:20 pmThis is dishonest.
What would be honest is for you to:
Remove the comment along with the response by “John Dough.”
Write a story that you email to your list and post on the WPV Facebook page with a detailed history of how you allowed an anonymous source to fraudulently post a comment under my name and then allowed comments on the fraudulent comment.
Clarify that your [sic] chose to pretend “WP Voice staff” posted the comment when in fact you did not.
The story would include a link to my actual blog post referenced but not linked in the fraudulent post: http://www.winterparkperspective.org/2017/06/02/no_trees_lots_of_concrete_no_park_lots_of_money/.I certainly hope you come to better understand your responsibility as a paid commentator.
Regards, Pete Weldon
Enter: The First Amendment Foundation
Although I never personally responded to any of Weldon’s emails, I did seek assistance from the First Amendment Foundation.
On June 20, First Amendment Foundation President, Barbara Petersen wrote to Mr. Weldon advising that, as an elected official and public figure, his correspondence constitutes public record. Since Mr. Weldon sent the emails to the Voice editor, they were obtained lawfully and the Voice has the right to publish them. As editor of the Winter Park Voice, I am a journalist protected by the First Amendment.
[To read the full text of the First Amendment Foundation letter to Mr. Weldon, click here.]
Weldon Responds to F.A.F.
From: Pete Weldon <pete.weldon@cityofwinterpark.org> To: Barbara Petersen <Sunshine@floridafaf.org>
Cc: anne mooney <annemooney@earthlink.net>
Subject: RE: Letter from FAF concerning emails to Anne Mooney, editor, Winter Park Voice
Date: Jun 20, 2017 7:06 PM
Barbara,It is indeed humorous to receive your letter!
I am a supporter of the sunshine law and take it very seriously. I feel badly that you took your time to write a two page letter informing me of what I already know and act upon.
I never questioned anyone’s right to re-publish anything.It is Ms. Mooney’s sanctimonious request for you to question my requests to her that should receive your attention. Ms. Mooney has a long track record of pretending to provide “news” to Winter Park residents when the facts are clear that she is purely a political actor, offering commentary and writing on subjects only supportive of her positions, and those of residents who confidentially fund her. While legal, there is nothing transparent in the “Sunshine” sense about anything Ms. Mooney writes or distributes. She blatantly coordinates behind the scenes with commissioners and others to push out emails and blog posts timed and designed to promote a political agenda (exactly the back room dealing the Sunshine Law is intended to prevent). Her request to you to admonish and question me about transparency and the sunshine law is the laughable height of hypocrisy.
You are being used.
Here are the facts:
On or about June 2nd someone posted a copy of an email I wrote as a comment on Ms. Mooney’s blog. There is no problem in duplicating what I wrote, provided the person posting the comment identify themselves and note that they are copying my email. The problem is that this comment was shown as being placed on the blog by me under my name, when in fact I did no such thing. Further, the comment was something I would never have offered on Ms. Mooney’s blog. Someone fraudulently used my name as the person posting the comment. The content of the comment is not in question. Fraud includes a person or thing intending to deceive others. Someone, perhaps Ms. Mooney but she has not come forward, posted the comment pretending to be me, thereby intending to deceive others that I in fact posted the comment when I did not.
Shortly after, someone commented on the comment falsely ascribed to me, indicating that the commenter either believed I had posted the comment or was the person posting the comment using my name, and did so to create a context to provide their comment.
Sometime recently, at least 10 days after I brought this to Ms. Mooney’s attention, without responding to me, Ms. Mooney changed the author text of the comment to read, “Emailed to residents by Peter Weldon and posted here by WP Voice staff June 2, 2017 at 4:20 pm.” Which is false. Ms. Mooney conveniently removed my name as the author of the post many days after the actual posting, not on June 2nd. All those reading the post prior to Ms. Mooney’s edit were misled and Ms. Mooney has done nothing to correct the record. She has either committed or abetted fraud, or both.
My apologies on behalf of Ms. Mooney for wasting your time.
Regards, Pete Weldon
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