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HomeMy WebLinkAboutKeewin Real Property Co. LLC Intervenor's Motion for Sanctions, Fees and Costs - 2006 11 27 .' STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CL'. M~ ()\<\ C,)'roMl~SI'iJY) C ,t\-l C/u,-K' \ RECE~'.fEi&)) THE HIGHLANDS HOMEOWNERS' ASSOCIATION, INC., MAR 2 0 ZOO? "f \/ ~ UI./-j.....;,L;. lA..: -1 I-il.:..: '---I j Y (.;LL I-"K Petitioner, v. Case No. 06-003946GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF WINTER SPRINGS, Respondents, and KEEWIN REAL PROPERTY COMPANY, LLC, Intervenor. / INTERVENOR'S MOTION FOR SANCTIONS. FEES AND COSTS Pursuant to sections 120.569(2), 120.595, and 163.3184(12), Florida Statutes, Intervenor, KEEWIN REAL PROPERTY COMPANY, LLC ("Keewin"), requests that the administrative law judge assess fees and costs against Petitioner, THE HIGHLANDS HOMEOWNERS' ASSOCIATION, INC. ("Highlands"), and award fees and costs to Keewin. In support of the Motion, Intervenor alleges as follows: 1. Petitioner filed it's Amended Petition for Administrative Hearing on September 22, 2006 (the "Petition"). 2. The Petition alleges that "Motor vehicle traffic flowing from the Subject Property will negatively impact The Highlands as Petitioner anticipates there will be a large number of .-----. - I - rvv(' t \/ 0909576\125715\ 1 004956\5 motorist at peak and off-peak hours who will travel eastbound on Shepard Road when trying to access State Road 419 and State Road 434 via Shepard Road/Sheoah Boulevard." 3. Petitioner's representative, Helga Schwarz stated in her deposition on November 17,2006 that she did not seek or receive any professional opinion from any planner or engineer upon which to base this allegation with respect to traffic. She also stated that the Petitioner did not seek or receive any professional opinion from any planner or engineer upon which to base this allegation. (Schwarz Dep. at 24 and 61.) (Ms. Schwarz and Mr. Burns depositions were submitted to the Administrative Law Judge on November 27, 2006 pursuant to City Notice of Filing, therefore only the excerpted pages are included with this .filing as Exhibit 1 ). 4. Petitioner's own traffic expert witness, Harry Burns, at his deposition on November 21, 2006 agreed that the proposed comprehensive plan amendment produces less peak hour and daily trips than the Industrial future land use designation. (Burns Dep. at 15.) He also stated that he has no evidence that traffic from the subject property will negatively impact The Highlands (Burns Dep. At 32). 5. The Petitioner alleges that "The proposed development of the Subject Property will have a negative overcrowding impact on schools, particularly the elementary school (Highlands Elementary), located across Shepard Road from the Subject Property." 6. Petitioner's representative stated in her deposition that she has no information to support this allegation. She further stated that she does not know whether the Highlands Elementary School meets capacity. She also admitted that she did not speak to a planner with respect to school capacity prior to filing the Petition. She could not remember whether she discussed this matter with a representative of the Seminole County Public Schools. The Petitioner has not put forth any other evidence with respect to this allegation. (Schwarz Dep. at 27 and 59.) 7. The Petition alleges that the proposed comprehensive plan amendment ''will encourage the unauthorized use of the nearby privately owned neighborhood parks and recreation facilities located within The Highlands." 0909576\] 25715\1004956\5 - 2 - 8. The Petitioner's representative states that she based this allegation on her own personal opinion. She admitted to having no data or analysis to support this allegation. (Schwarz Dep. at 28.) 9. The Petition states that the comprehensive plan amendment change "from industrial zoning of the Subject Project to medium density residential further erodes the ability to meet such requirements under the Comprehensive Plan." 10. The Petitioner did not consult with a planner or engineer prior to making this allegation. (Schwarz Dep. at 61.) The Petitioner has put forth no evidence, data or analysis to support this allegation. In addition, the Notice of Intent is with respect to the Comprehensive Plan, not zoning. 11. It is clear that the Petitioner and its counsel violated Fla. Statute Sections 120.569 and 163.3184(12) by not proceeding with a "reasonable inquiry" prior to filing the Petition. 12. The Petitioner and its counsel did not consult any professionals in the fields of planning or traffic engineering prior to filing the Petition. Although it is not required that a professional's opinion be rendered prior to the Petition being filed, the Petitioner's lack of inquiry reveals that its purpose is not legitimate but to harass and injure the Intervenor. 13. Not only did the Petitioner and its counsel fail to make a reasonable inquiry into the allegations in the Petition, it has not been able to produce any witness, data or analysis to support these allegations. 14. The Petitioner's attorney stated in its Expert Witness disclosure filed on November 15,2006 that Dianne L. Kramer was a "possible additional expert witness." 15. The Petitioner's attorney made representations to the Respondents and Intervenor that he had attempted to set Ms. Kramer's deposition for November 20, 21 or 22, but Ms. Kramer had not responded with a time she was available. 16. On November 20, 2006, since time was of the essence with the pending Thanksgiving Holiday and Trial, the Intervenor's attorney contacted Ms. Kramer to inquire about her availability for depositions. Ms. Kramer stated that she had no knowledge of the proposed 0909576\125715\1004956\5 - 3 - Comprehensive Plan Amendment or the Petition. She stated that she had not been contacted by Petitioner or its attorney with respect to giving expert testimony. 17. The Petitioners tactics with respect to Ms. Kramer evidence its intent to create delay. 18. In addition to this Petition, Ms. Schwarz has also written and distributed false and misleading articles in the Highlands Homeowners' Association newsletter (''Newsletter''). The Newsletter is Intervenor's Exhibit 1 to the Schwarz deposition and is also attached hereto as Exhibit 2 and incorporated herein. The article states that the Intervenor of is building "Affordable Housing" on the Subject Property. This newsletter was distributed to thousands of homeowners within the Highlands. 19. Ms. Schwartz stated at her deposition that she has no evidence from the City or the Intervenor or otherwise, that the Subject Property would be developed as "Affordable Housing." She stated that these accusations were made based on her "feelings." (Schwarz Dep. at 45.) 20. Such actions demonstrate the Petitioner's improper purpose in filing this Petition in order to harass the Intervenor and cause delay in the development of this project. 21. By continuing to prosecute this petition with no expert witnesses, except an expert traffic witness who has no data and analysis to support Petitioner's allegations, needlessly increases the costs of litigation for the Intervenor and Respondents. 22. In addition, Petitioner's representative stated at her deposition that she does not know what she will testify to with respect to the allegations in the Petition. It is clear that Petitioner has no data, analysis or evidence to support its claim and to continue to prosecute this is in bad faith. (Schwarz Dep. at 61-64). 23. The Petitioner has caused the Intervenor substantial and costly delay in the completion of its proposed Project and the defense of the Petition has caused the Intervenor to pay substantial sums in attorney's fees, consultants fees and other costs. 0909576\125715\1004956\5 - 4- 24. The Petitioner's attorney was put on notice on November 17, 2006 that Intervenor would file this Motion for Sanctions, Attorney's Fees and Costs. 25. An order pursuant to Sections 120.569(2), 120.595 and 163.3184(12) Florida Statutes, for Petitioner and/or its attorney to pay Intervenor's reasonable expenses incurred, including a reasonable attorney's fee, is an appropriate sanction for the violation of the good faith filing requirements. WHEREFORE, for the foregoing reasons, the Intervenor requests that the administrative law judge assess against Petitioner and/or its attorney all fees and costs associated with the Amended Petition for Administrative Hearing, and award such fees and costs to Intervenor or retain jurisdiction prior to the final order to award J HN M. MARTINEZ, ESQillRE Florida Bar No. 0029201 M. REBECCA FURMAN, ESQUIRE Florida Bar No. 0611204 Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive . Post Office Box 2809 Orlando, Florida 32802 Telephone: (407) 418-6250 Attorneys for Intervenor 0909576\125715\ 1004956\5 - 5 - CERTIFICATE OF SERVICE I HEREBY CE2.~ that a true and correct copy of the foregoing was furnished by U.S. First Class Mail, this day of November, 2006, to: KENNETH M. CLAYTON, ESQ. Clayton & McCulloh 1065 Maitland Center Commons Blvd. Maitland, Florida 32751 Attorney for Petitioner LESLIE BRYSON, ESQ. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 DEBRA S. BABB-NuTCHER, ESQ. Assistant City Attorney City of Winter Springs, Florida 1126 East State Road 434 Winter Springs, Florida 32708 0909576\ 125715\1 004956\5 - 6 - EXHIBIT I 24 .1 1 Association to come to the conclusion that there will be 2 a negative impact on The Highlands with motor vehicle 3 traffic? 4 A. We have residential traffic from Wildwood 5 already traveling through our community to reach those 6 points and the introduction of more residents would only 7 exacerbate that onto those roadways. 8 Q. I guess what I'm asking is what information 9 you were provided that leads to the conclusion that 10 there will be a negative impact? Was there any kind of 11 study done or any kind of analysis made that leads to 12 the conclusion that there's going to be a negative 13 impact on The Highlands? 14 A. There was no study done. We were just 15 looking at how the road is used today and basing on the 16 fact that more residents will increase the traffic on 17 Shepard Road and Sheoah in both directions. 18 Q. Okay. Also in that same paragraph: 19 Petitioner fears that Shepard Road and Sheoah, 20 S-H-E-Q-A-H, Boulevard will become cut-through roads 21 running to and from State Road 419, 434 and US 17-92. 22 And what was your reason for corning to that 23 conclusion or that fear? 24 A. Well, that has been a fear of the Association 25 since the City -- that road used to dead-end within our 5:..h'l\JQ ( z.. Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 27 1 A. Just what I see, what I witness, what we all 2 witness. 3 Q. Okay. All right. Moving on to Paragraph B 4 under Paragraph 8, School Overcrowding. It says: 5 Proposed development will have a negative overcrowding 6 impact on schools, particularly Highlands Elementary. 7 What information do you have to support that 8 allegation? 9 A. My personal experience with the school. 10 Q. And what is your personal experience with the 11 school? 12 A. I've had three children in that school since 13 the day it opened in 1996. 14 Q. Okay. Do you have any data to support that 15 . allegation? 16 17 18 19 20 A. Just my own personal witness -- Q. Okay. A. -- to what occurred. Q. What have you personally witnessed? A. That it was developed on only a portion of 21 the parcel due to the nature of the land, that a year or 22 two after it opened, two portables appeared and then the 23 portables were removed in order to put playground 24 equipment in because our children had to play in the 25 retention pond. And then the class size amendment took Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 12 13 28 1 away our art room and music room and other areas of the 2 school where they had to put double classrooms. My 3 children were in double classrooms because of the lack 4 of space. There's no ability to put portables back on 5 the property unless the playground equipment comes back 6 out. It didn't -- yeah. 7 Q. Do you know whether Highlands meets capacity 8 standards under the school board's criteria? 9 A. Not at this time I don't. 10 Q. You don't know that, okay. 11 And moving on to Page 7 of your Amended Petition, Paragraph C. Inadequate Open Space and Recreational Facilities. The allegation is that the 14 number of new residents and children expected to be 15 generated from the proposed development will encourage 16 the unauthorized use of nearby owned, privately owned 17 neighborhood parks and recreational facilities within 18 19 20 21 The Highlands. What do you base that conclusion on? A. Past history. Q. What do you mean by that? A. The vandalism on our property. Non-residents 22 accessing our pool and tennis facility, our parks and 23 our nature trails. 24 Q. How do you know there's non-residents 25 accessing your parks and pools and nature trails? Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 45 1 A. This is. That's not. 2 Q. What did you write? 3 A. Well, it went back and forth between Paige 4 and I. 5 Q. All right. So it says that this is an update 6 of our large-scale comp plan amendment. It also says 7 that The Highlands HOA and many residents have contended 8 for months that the Keewin project might become an 9 Affordable Housing project. 10 What do you base that on? 11 A. I base it on just the City's direction toward 12 affordable housing. Certain commissioners are advancing 13 affordable housing. We did have another developer bring 14 in affordable housing development. 15 Q. Specifically to this comprehensive plan 16 amendment, what do you have -- what basis do you have to 17 . believe that our project would be affordable housing? 18 19 A. Nothing within the large scale plan amendment states that. It's just what the City has stated or has, 20 you know, done in previous times. 21 Q. Has the City at any of those meetings 22 mentioned our project specifically to be affordable 23 housing? 24 A. No. It's our general feeling this is the way 25 it will go based on -- Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 46 1 Q. So you wrote this in here, but our 2 Comprehensive Plan Amendment, which is the only thing 3 pending before the City, does not mention affordable 4 housing, the City has not mentioned that this project 5 would be affordable housing, but you just have a feeling 6 that it would be? 7 MR. KLEMM: I'm going to object as to form. 8 It's compound. I'm not sure if there's a question 9 there. 10 Q. You can answer. 11 A. Can you repeat the question? 12 Q. That even though our Comprehensive Plan 13 Amendment has no mention of affordable housing and the 14 City has not mentioned our project for affordable 15 housing, you have still written that -- you have still 16 written this letter? 17 18 19 20 A. Yes. Q. Okay. A. It's just our belief. Q. Okay. And what do you base that belief on? 21 I mean tell me. 22 23 MR. KLEMM: That's asked and answered, but if you understand. 24 A. Just previous developments that have come to 25 that not that particular parcel, but another parcel Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 1 A. 59 2 Elementary School. Just personal experience with The Highlands 3 Q. No school official told yo~ this? No. Just my personal experience with that 4 A. 5 school and the nature of the school. 6 Q. 7 School cannot be physically expanded. You state that the Highlands Elementary 11 12 8 9 A. 10 Q. A. Q. 13 wetlands? 14 15 A. Q. 16 wetlands? 17 18 A. Q. What do you base that belief on? Just the nature of the land. And what is the nature of that land? Most of it is wetlands. Do you know the classification of those No, I don't. Do you know if Winter Springs set back to No. 19 about the school overcrowding? Did you speak to a school board official 20 A. 21 Mr. Cozmack or Dr. Vogel. I can't recall if I had a conversation with 22 23 24 Q. A. Q. When was Layer Elementary School built? I don't know the exact year it opened. You state in the petition that in 2004, 25 Winter Springs High School had its attendance area Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 ToU Free:866.886.9728 60 1 rezoned for the Town Center. What do you base that on? 2 A. Just attending the public hearings and 3 hearing the analysis of what might have corne out of that 4 Town Center Unit that were being developed. Bu t, I 5 mean, because the school board took those into accpunt 6 in their capacities. 7 Q. Where is the Town Center? 8 A. It's in the location of Tuscawilla Road and 9 434. 10 Q. And how many units are proposed for the 11 Town Center? A. Q. A. Q. plan is 17 inconsistent with existing adjacent uses? 18 A. You have industrial C-2 to the west and you 19 have industrial to the north and there's other 20 industrial or C-2 to the south, which you are addressing 21 through another amendment. And the buffer. 22 Q. So jumping ahead in time, and I'm almost 23 done, prior to filing this petition, if you will tell me 24 the names of each of the certified planners that 25 rendered an opinion to you or to the HOA Board. Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 ToU Free:866.886.9728 10 11 61 1 A. No certified planners. 2 Q. Will you give me the name of each traffic 3 planner who rendered an opinion either to you or to the 4 HOA Board of Directors prior to this petition. 5 A. No traffic planners. 6 Q. Was there any expert in the area of planning, 7 engineering or design that rendered an opinion prior to 8 filing this petition to either you or the Board? 9 A. No. MS. FURMAN: Leslie, do you have anything? MS. BRYSON: Give me one second. 12 CROSS EXAMINATION 13 BY MS. BRYSON: 14 15 16 17 Q. . Ms. Schwarz? A. Yes. Q. My name is Leslie Bryson. I'm an attorney at the Department of Community Affairs. I'm going to ask 18 you a couple of questions. 19 Do you expect to testify at the final hearing 20 in this case? 21 22 A. Yes. Q. And what at this time do you expect your 23 testimony to be about? 24 25 A. I don't know. Q. Why do you not know? Accurate Reporters, Inc. 40'7-246.0046 Fax:407.246,8084 ToU Free:866.886.9728 10 62 1 A. Because, I mean, the expeditious hearing has 2 put us at a disadvantage at this time to get together 3 and discuss what we were going to testify on the 29th. 4 Q. Well, you did file a petition to challenge 5 the amendment; correct? 6 A. Yes. 7 Q. And you have allegations, certain allegations 8 in that petition; correct? 9 A. Yes. Q. But at this time you do not know what you 11 will be testifying regarding? 12 13 A. No. No. Q. No. Okay. Let me ask you, have you reviewed 14 the Adopted Amendment? 15 A. The Adopted Amendment with the ORC report 16 comments entered in? 17 Q. No, without the ORC report -- well, yes, sure 18 the comments, the response to ORC, yes. 19 A. I haven't read it recently, but yes, I have 20 read it in the past. 21 Q. Okay. What is your understanding of what 22 this Comprehensive Plan Amendment does? 23 24 25 MR. KLEMM: I'm "going to object to form. I mean the Comp Plan Amendment is what it is. It speaks for itself. Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 11 12 63 1 MS. BRYSON: I'm asking her understanding of 2 it. 3 MR. KLEMM: Do you understand the question? THE WITNESS: What the application is asking? MR. KLEMM: No. A. Can you restate your question? Q. Ms. Schwarz, do you understand what the 4 5 6 7 8 Comprehensive Plan Amendment is that you are 9 challenging? 10 A. Yes. Q. Okay. A. It's changing the Comprehensive Plan to allow 13 medium density residential on the future -- switching 14 the future land use map to medium density residential 15 from industrial. 16 Q. Okay. And is there a site plan that you've 17 reviewed for this Comprehensive Plan? 18 A. Only a conceptual plan that was provided with 19 the application. 20 Q. And what does that conceptual drawing do in 21 your view? 22 A. It doesn't give much detail as to the level 23 of park land that's going to be situated and where based 24 on what Keewin has proposed as far as amenities and the 25 number of units per acre. Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 Toll Free:866.886.9728 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 1 Q. Have you reviewed any other site plans, if 2 they exist, for this amendment? 3 A. No. No. 4 Q. Do you expect that you will testify as to the 5 site plan you just mentioned? 6 A. I could, yes. 7 MS. BRYSON: Well, Mr. Klemm, we're going to 8 have a real problem here if she can't tell us what 9 she expects to testify to. I don't know what we're going to do about this. MR. KLEMM: I don't know that she has to today. MS. FURMAN: I think that's what the deposition is for. MS. NUTCHER: I think she does. MS. BRYSON: I think we are going to move to exclude her if she can't tell us what she's going to testify to. MS. NUTCHER: If it's just on standing, then I can understand that. If she's here to establish the standing requirements, I can understand that. But if it's anything beyond standing, I don't see what testimony she has that's going to be relevant. MS. BRYSON: I agree. MR. KLEMM: She's already testified that she Accurate Reporters, Inc. 407.246.0046 Fax:407.246.8084 ToU Free:866.886.9728 o 112106hb.txt 19 MS. BABB-NUTCHER: And I'm going to go ahead 20 and mark this Number 1. 21 (Exhibit No. 1 was marked for 22 identification.) 23 Q. I have a letter dated March 22nd, 2006, from 24 the Florida Department of Transportation, and it 25 attaches a memo of comments. I'll go ahead and show 17 1 that to you. 2 MR. KLEMM: Yes, I believe it's the same 3 thing. 4 A. Yes. 5 Q. you've seen that letter? 6 A. Yes. I have a copy of that, yes, ma'am. 7 Q. And if you look at the second page, the memo 8 where they're responding with their comments to the 9 comprehensive plan amendment, based on FOOT 10 calculations, this amendment would result in a decrease 11 in daily trips; therefore FOOT has no comments on this 12 amendment. 13 Do you disagree with that conclusion? 14 A. well, they just said they have no comments on 15 the amendment. 16 Q. Right. DO you disagree that the amendment 17 would cause a decrease in daily trips? 18 A. Yes. 19 Q. So do you agree with the general premise that 20 industrial generates more daily trips than medium 21 density residential would? page 15 ~('(\ CS 112106hb.txt 22 A. Yes. Yes, based on -- based on ITE trip 23 generation numbers. 24 Q. 17-92 is a state road, is it not? 25 A. Correct. o 1 Q. And with your experience with comprehensive 2 plan amendments, if a state road was going to be 3 negatively impacted, isn't it your understanding that 4 FOOT would have some kind of comments? 5 6 A. certainly. Did you also get a chance to look at this Q. 7 chart prepared by the city's engineer, Brian Fields? 8 9 10 A. MR. KLEMM: I guess that's in here. I don't recall seeing this document. All right. Did you prepare a traffic study Q. 11 or any kind of report? 12 13 14 15 16 A. Not at this point, no. Were you asked to prepare one? NO, not at this point. DO you plan on preparing one? I hope not. That would be determined, I guess, based on Q. A. Q. A. 17 the -- following the deposition today. 18 19 Q. well -- A. I'm going to have to prepare some traffic 20 for, I suspect, for the hearing, I believe -- 21 22 23 Q. well A. or I may not. I'm certainly going to object to anything Q. 24 you prepare from this point forward. 25 Have you been asked to prepare anything? page 16 18 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112106hb.txt 22 Q. The petition states that the increase in the 23 number of trips per day over these roads. 24 Do you have any evidence that there will be 25 an increase in the number of trips? 36 A. DO I have any evidence? Q. uh-huh. A. No. Q. okay. The petition states that motor vehicle traffic flowing from the subject property will negatively impact the Highlands. Do you have any evidence of this? A. No. Q. The petition states that there will be a large number of motorists at peak and off peak hours who will travel eastbound on shepard Road. DO you have any evidence of that? A. No. Q. All right. Just one last thing, just for the record. Have you reviewed the winter springs comprehensive plan? A. I've reviewed the documents, cursory review of the documents, that list of -- I think the title of it was comp plan amendment. Now, whether that's a total of what you've asked of me I don't know, but I have read through the documentation that they furnished. Q. I'll be more specific. A. Sure. Q. Have you read the Winter Springs comprehensive plan transportation element that was page 32 6u.'(V\~ ~"v,." """"."i I ---- '~-~-~~.~----~-~.~~......I~~III~.IIIII.IIIIIII~~II.III. II~JI..21111.11 .111.111111..11 '. . HighlandsC..tomeowners' ~$sociation , This is an update on the Keewin Real Property Company's large-scale plan amendment to change the land use of 47.27 acres on Shepard Road from light industrial to medium density residential. The city commission voted to transmit the Keewin Real Property Company large-scale plan amendment application to .the Florida Department of Community A~i~ (DCA) on February 13, 2006. The DCA issued it_QbJections,Recorninendations. and Comments (ORC) rsparton April 21- for deficiencies in the applf~tiQn to ch~nge lhelallc.t 4se from light industri,lto medium density 'residential. The DCA cited lack of planning and prqvlsion of pubic facilities (sanitary sewer; recreation/open, space, and schools)" land. use compatibility, and land use need. The city commission voted on June 12, 2006 to approve Ordinance 2005-29 on second reading to change the land use and to approve the ORC report responses developed by city officials and Lowndes, Drosdick, Doster, Kantor, and Reed, legal firm for Keewin Real Property Company (Allan Keen, owner) for transmittal to the DCA. The DCA issued its Notice of Intent on August 4th that the ordinance with responses submitted by the City of Winter Springs was in compliance. The filing deadline for appeal to the Notice of Intent was August 25, 2006. On August 21, 2006, Mayor John Bush called a city commission workshop to receive information on Workforce Housing from Jamie Ross, Affordable Housing Director of the 1,000 Friends of Florida located in Tallahassee. Workforce/affordable housing projects require financial and administrative assistance by local government and privats'e;q,ncerns in order to devalue the land and housing to:_e it more affordable to the lower- and 10wer-mlddf8: . , income population that is targeted. During the: workshop a comment was made that the 3$4-., townhouse project proposed for Shepar~ Rd WQUld: be appropriate as an affordable housing proJ~ ~ -' ,; ;;~ ~~,. me Highlands HOA has been active~ Involved il'l 'oicing its strong objections to this land use change. ..1ost board members attended the February 13, ' ~OO6 public hearing to witness Highlands. legal, ounsel Ken Clayton's presentation of the ,ssociation's objections. Regardless of the bjections, the Commission voted 4-1 ~ommissioner Krebs dissenting) to send the :>plication to the DCA. Since that time, board ember Helga Schwarz has continued to attend city ra"A"A". ~ . ~ meetings to voice the Association's objections for tf1 record as this complicated process has dragged on for months. In the meantime, two small-scale plan amendment applications were filed by Keewin Real Property. These are paramount to the large-scale amendment. Ms. Schwarz attended those public hearings as well to voice the Association's objection: because of the relationship to the larger amendment e Hi hlands H . . . . ..' ents havEf contended for monJtlI ttiat the Kee\YIn Dro, miaht "become an Atrbra~etlousi~e~~. The Auoust 21'" Woooorce nouslng,YVOdtshwas the first." pu C a.a . was being consl er . he AsSociation IS' concerned thlt e timing 01 thiS workshop' caUed with little public .' , notice, in relation to the DCA's August 2Slhappeal deadline, was by design, such that the residents of The Highlands would be left unaware/unprepared. Based on legal counsel and Ms. Schwarz's findings of the Workforce Housing Workshop, the ORC responses relying on misleading data, and Highlands residents' vocal disapproval of affordable housing in 2003 and now again in 2006, President Paige Hinton authorized Clayton & McCulloh to file the appeal. With little time to spare, the Highlands HOA filed an appeal with the Florida Division of Administrative Hearings by the August 25th deadline. Since this appeal was filed, a small group of residents have made large official records requests from the Association and have leveled accusations against the Board, singling out Ms. Schwarz, one SYEtllQemandfng Ms. Schwarz's resignation and ' tHreateolng:Dtigatlort against the Board. The . Highlana, ~rd.nds firm that affordable housing ., ,will negafIVe'y~tt~all owners' property values, ;. in~re~~ tr~c. on -Shepard Road and Sheoah . Bc1U'ev@rd~8nd open the Highlands' amenities ,>. . (p~fJ..PQoI, natu~ ~iI, tennis facility) to non- '. r9sid~ In adgjtfori~it Is conceivable that every " Hi9h.I~s pr~o.wner could potentially lose 5 to 10" qr I1l9rs of the. value in their home if affordable . flOuslng is ilIfOwectoo Shepard Road. Legal costs associat~:~with ffghting this land use change in TaI'ahaSSee are, wefl worth the cost-to protect our homeowners and our quality of life in The Highlands. By submiSSion deadline to the Highlands Herald editor, the administrative hearing date was not set. EXHIBIT j L . VVl,l/\,te( sprl,l/\,g.s -ge.st ~eptl ~ecret , . " L. ~ Ap a rt:Vttte V\,.t LL. Vi.. V'vg .Seville on the Green 'ltnjoy the Good Life ' with Great Neighbors 300 Sheoah Blvd. Winter Spn"ngs. Fl. 32708 407 -699-4663 . 'OveX:Sized Split Floorplans . FREE Monitor Intrusion Alanns . Ceili.i1g Fans Bedrooms&: Livingroom . Full-size Washer & Dryers . Self Cleaning Ovens . Frostfree Refrig. W/ Ice~akers . Microwaves . 24 Hour Sparkling Pool . Huge Screened Patiolbalconies . Pet Friendly . Split Floor Plans . Private Entries . Deluxe 24 hour Fitness' Center . 24 Hour Business/Conference Center . Lighted Tennis Courts . Car Care Center . Highland Community Amenities WI Nature Trails & 4 Playgrounds Pools, Tennis Courts, & More . WOODBURNING FIREPLACES . Winter Springs Golf Club Views . FREE Video Lending library . 'AH/'d1Ii 'I=-~I' :.; I' 1- '" . ~.. ,~ " "~I ' ',' .. . ~ .' t- , . UNITEQ)OMINION REALTY TRUST " WHY WE DON'T WANT AFFORDABLE HOUSING ON SHEPARD ROAD Highlands residents are being sacrificed by City of Winter Springs elected officials on the Dittmer/Keewin Real Property Company property rezoning on Shepard Road. City officials have beel.. den. that this townhouse roject will be designated subsidized affordable hOUsmg as we have long -.. said it would be. Yet ey ad a wor op on e su ~ect m ugus. 0 are ey g to fool? Our way of life in the Highlands will be threatened if those 335 townhouses are built where they were never meant to be ... wedged between high electrical power lines and 17/92 commercial businesses. The townhouse prices have dropped from $340;000 as we were told by city manager Ronald McLemore in January 2006 to $200,000 by the February 2006 public hearing. Who knows how low prices arc now? How can they possibl,g be priced higher than other townhouse or condo developments with prettier surroundings? This downward trend in pricing will NOT help the Highlands and it will be worse when it goes affordable housing. We knew in February 2006 that these were going to become government assisted affordable housing . especially when officials mentioned the close Lynx bus lines on 17/92. How much would you pay to live sandwiched with 334 other townhouses between power lines on one side and 17/92 commercial activity on the other? If this townhouse development goes at market prices, how will they ever compete in the real estate world? They won't unless they are designated affordable housing. We cannot watch as these elected officials further bring down our way life and take our biggest investment down with it. We work hard for what we have in our Highlands homes and enjoy a beautiful community. Isn't that worth fighting for? We think so. We have been fighting since January 2006 and we won't give up. It is true our city elected officials were working the circuit behind closed doors for two years before thr public was made aware of this prpperty rezoning. ~y. ,~e th~ ~ayor and city commissioners trying tl. continually shove affordable housihg' on the west side of town? They tried to put it in with Davis Heritage's project in 2003 and now in 2006 with Keewin's request. And in 2003 while Davis Heritage waS voted YES by the commission, it voted NO to put in affordable housing at the comer of Tuscawilla Road and SR434! Why does the mayor and the city commission constantly protect Tuscawilla, but NEVER the Highlands? And what good is Commissioner Sally McGinnis to the Highlands, when she lives amongst us and votes' on the side of the developer Keewin Real Property? Even when Highlands residents made it clear in a July 2003 community meeting that we didn't want affordable housing near the Highlands, Commissioner McGinnis intentionally brought up affordable housing again at a city commission meeting on February 23, 2004. Commissioner McGinnis is the person in City Hall advancing affordable housing on the west side of town. Commissioner McGinnis, her fellow commissioners, city officials, and the developer hid, the proposed Keewin project from Highlands residents for two years on purpose because they all knew how Highlands residents felt on the subject. Please flip this page over to read the facts about the townhouse project on Shepard Road and who is responsible for bringing it and affordable housing to our backyards. We used commission meeting minutes, campaign fmance reports, and our testimony witness to bring you this information. Thank you for your time. May God continue to bless our beautiful Highlands and all its residents! /&4!~ ~,e~ ~rr1U{4/ fI ~~ Loretta H. Sagers 804 Kilt Court Maria L. Redmon 801 Kilt Court ( ( . l'imeline of events (see len - on other side from Maria Reo.a,dOU & Loretta Sagers) · March 24, 2003 - Commissioners Ed Martinez" Robert Miller, Sally McGinnis, Michael Blake, and David McLeod vote YES to allow multi-family housing on SR434 commercial property next to Wmter Springs Golf Course for the Davis Heritage government assisted affordable housing after the City's Board of Adjustment voted NO. .. March 31, 2003 -Same commissioners vote YES to make a $150,000 taxpayer-lunded contribution (unbudgeted funds of course) to Davis Heritage affordable housing project called Cypress Point. · May 27, 2003 - Commissioners Sally McGinnis, Michael Blake, and David McLeod vote YES to approve the Davis Heritage developer agreements. Seventy percent of units built must be classified as affordable by state law. · June 9, 2003 - Commissioners Edward Martinez, Robert ~ilIer and Sally McGinnis vote NO for affordable housing project proposed by CEO Compames at the comer ofTuscawilla Road and SR434 across from the city's town center. . · July 24, 2003 - Highlands residents attend Highlands Homeowners' Association ~ommunity meeting on the Davis Heritage affordable housing project and the proposed Dollar General store. Residents are overwhelmingly AGAINST affordable housing and the DoUar General store. · August 2003 - Davis Heritage pulls its affordable housing project amid strong opposition from Highlands' residents. · September 8, 2003 - Commissioners Robert Miller, Sally McGinnis, Michael Blake, and David McLeod-vote YES for putting DoUar General up against Highlands condominiums at Sheoah/434 entrance. · December 2003 - Dollar General withdraws its aPplication to build. It finally listens to Highlands residents' suggestions to put store in 434 shopping center 1.25' miles east of Sheoah. · February 23, 2004 - Commissioner Sally McGinnis presents information at city commission meeting regarding affordable housing and tells commissioners to read up on it · October 2005 - Notice signs for city's Planning & Zoning Board public hearing on large scale plan amendment go up on Dittmer property on Shepard Road; no information related to the rezoning is available to public from the City Hall · November 1,2005 - P&Z board postpones the public hearing for large scale amendment to December 6, 2005 · December 6, 2005 - P&Z board votes 3-2 AGAINST the large scale plan amendment · January 9, 2006 - Attend Highlands Board of Directors meeting to ask what the Association is doing regarding Keewin townhouse project on Shepard Road. Ask Board to defend Highlands residents way of life and property values. · January 9, 2006 - Commission postpones its public hearing to January 23, 2006 · January 23, 2006 - Commission poStpones its public hearing to February 13, 2006; commission asks developer to hold a Highlands community meeting in the Highlands clubhouse . February 6, 2006 - Highlands Ho~eoWJ)ers' Association holds a community meeting at Highlands Elementary school. Residents present are AGAINST Keewin Real PropertY'stoWnhow;e project. .. .... · February 7, 2006 - J{eewin attorney Rebecca Furman holds a "community meeting" in City Hall. Mixed reaction to Keewin's presentation since audience is obviously not just from the Highlands. · February 13,2006 - Highlands HOA board members attend City of Winter Springs public hearing on the Keewin Large Scale Plan Amendment Attorney Ken Clayton representing the Highlands presents the Association's objections during public input. City Commissioners Robert Miller, Michael Blake, Donald Gilmore and Sally McGinnis vote YES to transmit the large scale plan amendment to the Department of Community Affairs. Commissioner Joanne Krebs votes NO. Mayor John Bush manipulates the presentation ofpubJic input so that aU in opposition speak first and all those in favor speak after. The leader of those in favor distorts facts and makes false accusations against Highlands. Mayor Bush does not allow for any rebuttal from citizens in opposition who become quite upset Mayor Bush then asks that the commission's chamber doors be closed to citizens sitting in the overflow seating area of the lobby because he is agitated by citizens wbo felt shut down by his preplanned tactics. · February 22, 2006 - Commissioner Michael Blake accepts campaign contribution from Hal Kantor partner in Lowndes, Drosdick, Doster, Kantor and Reed - the firm attorney Rebecca Furman works foe. She represents the Keewin Real Property. · March 30" and April 25* 2006 - Commissioner Michael Blake accepts several campaign contributions from several companies owned by Allan Keen andl~r Jay Folle. The company they also run together, Keewin Real Property Company, makes no public contribution to Blake's county commission campaign. · April 28, 2006 - Mayor John Bush accepts campaign contribution from Hal Kantor (see under February 22. 2006). · May 27, 2006 - Commissioner Sally McGinnis accepts campaign donation from Walt Dittmer, owner of the 47.27 acres up for rezoning on Shepard Road. · June 12,2006 - Commissioners Robert Miller, Michael Blake, Donald Gilmore and Sally McGinnis vote YES to approve Ordinance 2005-29 for adoption of the Large Scale Plan Amendment against objections raised by several citizens and the Highlands HOA. Commissioner Joanne Krebs votes NO. June 26. and July 24. 2006 - Commissioners Robert Miller, Michael Blake, Donald Gilmore and Sally McGinnis vote YES on first and second reading of two small-scale amendmentS related to Keewin rezoning against Highlands HOA's and the City's Planning and Zoning Board objections. Commissioner Joanne Krebs votes NO. August 21, 2006 - Mayor John Bush calls and holds a workshop on workforce housing (that is new name for affordable housing). Jamie Ross of the 1000 Friends of Florida gives a report on the subject October 9, 2006 - Attend Highlands Board of Directors meeting and ask that it continues to do everything it can to tight the Keewin townhouse project on Shepard Road and to defend Highlands residents way of life and property values.