HomeMy WebLinkAbout1988 09 19 City Commission Workshop Minutes
.
WORKSHOP MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
MONDAY, SEPTEMBER 19, 1988
The Workshop Meeting was called to order by Mayor Leanne M. Grove at 7:00 p. m.
Roll Call:
Mayor Leanne M. Grove, present
Deputy Mayor Arthur Hoffmann, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Cindy Kaehler, present
Philip A. Kulbes, present
William A. Jacobs, present
Martin Trencher, present
As the meeting time in the Sentinel was reported as starting at 7:30 Mayor Grove
recessed the Workshop Meeting until 7:30 p.m. At 7:30 p. m. the Meeting was
reconvened.
.
Attorney's Report - Tuscawilla Planned Unit Development:
Mayor Grove read the letter that was hand delivered to her today from C. David Brown,
Broad and Cassel Attorneys At Law as follows:
The Honorable Leanne Grove, Mayor of Winter Springs,1126 East S.R. 434, Winter Springs,
Florida 32708, Re: Tuscawilla-Commercial Property, Dear Mayor Grove: As legal counsel
for Winter Springs Joint Venture, a Florida general partnership, the developer of
Tuscawilla PUD, we are hereby officially notifying the City of Winter Springs, that
effective this date, the developer is withdrawing any official or unofficial requests
for the development of property within the commercially zoned parcel commonly known
as Parcel 61 of the Tuscawilla PUD. This request is not to be considered or construed
as a waiver of any vested or other rights the developer has as of this date.
Due to the nature of the concerns regarding development of this particular parcel, the
developer respectfully requests that a meeting be immediately organized between the
developer, the City's representatives, and the homeowner's representatives in order to
consider development of this property.
We would hope that these meetings will result in a plan for the development of this
property that is acceptable to all parties. Thank you for your consideration with
regard to this matter. I remain, Very truly yours, C.David Brown, II, P.A.
Attorney Kruppenbacher spoke of two options with regard to this issue on this property.
Option A, would permit you to change the land use designation for this property from
whatever it currently is to whatever you would desire it to be. Attorney Kruppenbacher
said the ordinance is somewhat silent on how the PUD is changed by the City because this
has not been done before. He said the approach would be to direct the City Planner,
the City Manager and Staff to take this to the Planning & Zoning Board and commence the
process with the appropriate ordinance.
.
One difficult issue with regard to this, while the general law vests with you, the
elected body, the total authority in control over the property within the City and
its land use designations and zonings, there is a doctrine in Florida that you are
going to have to deal with in this issue. Under Florida law, if a property owner has
acquired what is commonly called a vested right to develop his or her property in a
particular manner and the City or governmental body refuses to accord that property
owner that right, the courts have construed in cases that the governmental entity was
equitably estopped to do that.
~ Workshop Meeting, City Commission, Sept. 19, 1988
The doctrine applies if the landowner in good faith, that is the first issue, in
good faith; Number 2, reliance upon an act or omission of the governmental body,
and the third element is that the developer or owner has made such a substantial
change in position or such extensive obligations and expenses that it would be
highly inequitable and unjust to destroy the right that the landowner has acquired.
Page 2
If the Commission goes with Option A, Attorney Kruppenbacher's recommendation is that
when it comes to the Commission, that they make a determination whether vested rights
exists so that the developer or owner would have to present to the City anything and
everything to assert their vested rights.
Option B is to sit down with the developer, the attorney for the Homeowners, the City
Attorney, City Staff and attorneys for the developer and talk through this issue
as to what the issues are they want to raise.
Attorney Kruppenbacher said it was the Commission's decision as to how they want to
start and the fundamental question the Commission asked "do you have the right to
proceed to change the land use designation?" Attorney Kruppenbacher said as part of
that process we will have to deal with the issue whether or not vested rights exist.
The Commission discussed the two option, and will be decided upon at the next
Regular Meeting.
~
Mr. Paul Partyka, and Moti Khemlani, president of the Tuscawilla Homeowners Association
were present and spoke to the Commission. Also present were Mr. Gray, Attorney for the
Tuscawilla Homeowners Association and Mr. David Brown, Attorney for Gulfstream Corpora-
tion.
Mr. Khemlani is to inform the Commission who will be the representatives of the
Tuscawilla Homeowners Association to meet with the City and the developers.
Meeting was adjourned 8:25 p. m.
Respectfully submitted,
Mary T. Norton,
City Clerk
~
BROAD AND CASSEL
,ATTOIJ-NEYS AT LAW
NORMAN BROAD, P. A.
.MURRAY D. SHEAR. P.A.
MIKE SEGAL, P. A.
JEFFREY A. DEUTCH. P.A.
PATRICIA LEBOW, P. A.
C. KEN BISHOP, P.A.
IRVING SHIMOFF
ALEX C. KUROS'"
ROBERT D. GATTON, P,A.
RICHARD 8. MACFARLAND, P.A.
HAROLD BLU ESTEl N
DAVID SHEAR. P.A.
C. DAVID BROWN, II, P.A.
I. BURTON SPRAKER, P.A.
DAVID ..J. BERGER, P. A.
F. VERNON BEN"JETT. P.A.
MARWIN S. CASSEL, P.A.
.JAMES S. CASSEL, P.A.
MELVIN..J. ..JACOBOWITZ, P.A.
MAUREEN HEALEY KENNON. P.A.
ALICE BLACKWELL WHITE, P.A.
ALLAN B. SOLOMON. P. A.
RICHARD E. RECKSON. P.A.
M. STEPHEN TURNER
RALPH C. DATILLIQ
DOUGLAS L. MANNHEIMER
MARTIN R. PRESS, P.A.
IRA R. GORDON
CLIFFORD I. HERTZ, P.A.
MONTE A. .JACKEL
ARVIN J. .JAFFE. P.A.
IGAL KNOBLER, P. A.
GARY A. CHERNAY. P.A.
RICHARD B. DOBKIN*
STEPH EN ..J. BERLl NSKY
DAVID SLACHTER
MICHAEL A. DRIBIN
DAVID K. MILLER
CHARLES S. STRATTON
.JOHN T. KINSEY
ANDREW D. RAFKIN
* NOT ADMITTED IN FLORIDA
HAND DELIVERY
GARY BROOKMYER
ALESH H. GUTTMAN N
GARY R. SASLAW
SAN ORA P. STOCKWELL
..J, GREGORY HUMPHRIES
BRADLEY H. STEIN
M. SUSAN SACCO
STEVEN W. DAVIS
ANTHONY W. PALMA
GARY S. DU NAY
LAURIE L. RIEMER
RONALD ..J. KLEI N
CAROL M. BAST
STEPHEN E. COOK
..J I LL STEI N BERG SCHWARTZ
ARTHUR L. BERGER
LESLI E LAVI N PENA
..JAMES..J. WHEELER
STEVEN W. NECKMAN
AMY S. SCHLOSSER
STEVEN ELLISON
..JEFFREY F. GORDON
BARRY M. WAYNE
DEBORAH G. HARRISON
ALAINE S. GREENBERG
KAYLA ..J. BISHOP
RONALD M. GACHE
BRIAN M...JONES
RICHARD N. MILIAN
RICHARD R_ ROSSI
DWIGHT D. SAATHOFF
IRA.J. COLEMAN
ROBERT T. ROSEN
BERRY.J WALKER
OF COUNSEL
SHEPARD BROAD
ALVl N CASSEL
LEWIS HORWITZ
NEIL.J. BERMAN
MAITLAND CENTER, FOURTH FLOOR
1051 WINDERLEY PLACE
MAITLAN D, FLORI DA 32751
(407) 660-8984
TELECOPY NO. 660.0847
175 N.W. FIRST AVENUE
MIAMI, FLORIDA 33128
(305) 371-9100
TELECOPY NO. 373-9443
7777 GLADES ROAD
BOCA RATON, FLORI DA 33434
(407) 483-7000
TELECOPY NO. 4a3~7 32 I
990 HAMMOND DRIVE, N. E.
ATLANTA, GEORGIA 30328
(404) 393-2100
2 I 50 PARKLAKE DRIVE, N. E.
ATLANTA, GEORGIA 30345
(404) 938-7200
820 EAST PARK AVEN U E
P. O. DRAWER 11300
TALLAHASSEE, FLORIDA 32302
(904) 681-6810
400 AUSTRALIAN AVEN U E, SOUTH
WEST PALM BEACH, FLORIDA 33401
(407) 832-3300
TELECOPY NO. 655-1109
ONE FINANCIAL PLAZA
FORT LAUDERDALE, FLORIDA 33394
(305) 764-7060
TELECOPY NO. 761-8135
TELEX: 51-4736 HALA
PLEASE REPLY TO:
MAITLAN D
September 19, 1988
The Honorable Leanne Grove
Mayor of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
.
Re:
Tuscawilla
Dear Mayor Grove:
Commercial Property
J: ,1'f'IYJ <
As legal counsel for Winter Springs Joint Venture, a
Florida general partnership, the developer of Tuscawilla PUD, we
are hereby officially notifying the City of Winter Springs, that
effective this date, the developer is withdrawing any official or
unofficial requests for the development of property within the
commercially zoned parcel commonly known as Parcel 61 of the
Tuscawilla PUD. This request is not to be considered or
construed as a waiver of any vested or other rights the developer
has as of this date.
Due to the nature of the concerns regarding development of
this particular parcel, the developer respectfully requests that
a meeting be immediately organized between the developer, the
City's representatives, and the homeowner's representatives in
order to consider development of this property.
We would
the development
parties.
hope that these meetings will result
of this property that is acceptable
in a plan for
to all
.
.
.
.
Mayor Leanne Grove
September 19, 1988
Page 2
Thank you for your consideration with regard to this
matter. I remain,
CDBjrtr:tla
cc: Philip A. Birdsong, President
Gulfstream Orlando, Inc.