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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.