HomeMy WebLinkAboutHome Developments and Rezoning °om.A .°orx ° 5d%=5 ° UI nm = °l ° 35 ° 0wm0wnwo £ o < `C �',� owl
� R 9 .T� 0''95 9 '< 6 ° � R R O n °n W R `G N co ..i 3
.,0 REM a,4.0 70 5317' 0, 0'7 c" °m0A °..yd.`n. co)
o�^ ',ow. 3 22< ° I3 yaw 0m0m9a.?v= 3 ww°co. a5PI 51
omh9 a'dwG 2 3n 'Om oow ° c3 03 °-' � y .
y a3 � m0 0Cm c£ = E .6 F.,, 3w T6NOO m c *mw 7'0.„ =� q P.S A
m° 5m5c opm <.a, c=�3 .9 o0 �cm Aw° m m o °y0z 4S /` )
0000-= °mw1o°• ' o'm+ avc�' °°, 90 .1 $ _,! mn CD
woo 3.a< m0'< O0a m`ww0 c5am amL V000 ; or, - El
n ::
Tuscawilla homeowners
hear developer's plans
By JOHN HORNER Improvements being made for the
WINTER SPRINGS—The community include more landscaping
Tuscawilla Homeowners Association along Winter springs Blvd and a plan
heard developer Jack Afflebach talk to duplicate the Tuskawilla Rd en-
about nearly 'everything the trance at Winter Springs Blvd to,..under
held
sun"in the regular meeting held Nov.
5 at the Keeth Elementary School on match the elegant entrance at the
Tuskawilla Rd. Oviedo end.
Afflebach, who is executive vice He spoke of 112 acres at the east end - x}'r' it
president of the Winter Springs of Tuscawilla before the bridge t •
Development Corp., lived up to his leading to Oviedo on Winter Spoons
advance billing and told over 60 in- Blvd. Here he said 7,500 Quits, he f _ §,
terested members almost everything referred to as"luxury condominiums"
they wanted to know about what's hap- will be erected with total costs ex- c*t" '=t`^'r k
seeding 4225.000 on lots priced at ge !Lei
'
pening in Tuscawilla, including the s t
developer's activities and future plans $55-$65,000. He also mentioned that o-': a
for the community. property along SR 434 along the # '
Keying his mostly upbeat two-hour railroad tracks toward Oviedo is aon- ,;
report to "growth" and its impact on ed single-family dwelling. .
When questioned about parks, Af- 'r •
schools, parks, new homes,he flehach said 50 percent more parks the proposed expressway,he field- P P ks
ed questions from the eager audience were developed than originally Plano-
until Association President Mott ed. He suggested that a joint city-
Khemlani wisely wound down the community sharing of park -
meeting, which didn't end until after maintenance costs be considered. ' ..t.i#
t
10 p.m. On the request for a land-use change
Estimating that home construction to single-family dwellings for the luck d;9ieboch
will continue for six or seven years stable/pasture land next to St.
longer, Afflebach said that original Stephens, which was discussed in a ci-
projections were for II,000 Tuscawilla ty commission session Monday night
homes;3,000 have been built but on- at City Hall,Afflebach cited the cool-
ly 2,000 more are expected in the final munity survey. After single-family
building phase, reflecting a cutback usc, the first choice, he said the
due to economic concerns. He said 30-acre plot might be used by a church
single-family homes are the or a residential care facility (RCF).
developer's best present investmemt. On the need for schools, Afflebach
In Vistawilla, he spoke of lots go- remarked that he had offered several
ing for $45,000 with 70 percent of tracts of land to the Seminole County
sales by outside realtors. He said the School Board only to have them turn-
new ownership of the country club, ed down by county staffers. He cited
which also owns Deer Run Country 15-20 acres near the proposed
Club, requires a new clubhouse, The Beltway, another near Greenbrier,
new owners, from Michigan, have where he said staffers walked through
established a fine restaurant which the grounds and turned it down
serves good dinners. To the question because of"too much muck."A third
about whether there might be a hotel ' site,next to Keeth Elementary School,
erected in the area, Afflebach ex- drew the negative response that the
changed a quick look with Commis- county can't build two schools
sioner Art Hoffman,as each shook his together.
head with a resounding "no.•. When we told Richard Wells, the
Among the developments he cited Seminole County School Board's
around the country club area were assistant superintendent for facilities
patio homes by Suncraft and and transportation,that the Tuskawilla
multifamily homes by Coastal Equity. developer had offered the school
He added that the Country Club district three different parcels—and
Village also includes 27 lots under county staffers had apparently turned O //
development. down each of them—Wells obviously a
had not heard of these offers. He
quickly responded, "How do I get in
contact with Afflebach?"
> > m,om,t,00mw A-.On.. ,1„ ... Hy mw oo 'Un[2 ,.-.ash 0.1 5 m O c
76-32.6 i$° 9'$ ? £,Zmw'S°m 'I A'10--- , m °'»ymm ° c a F. Al 3 C CD CD
� � £ nc � o 0 �.. m a 3 S�' m �. C. -.•
Rm °c C.' 'Mg.° 3'cm�o Fy»n $ m 'D 17nn0 (,, M a'in R ..,w. Z m Q3 y /�/�1� N li o�m S 3 33am^»'a oom3°° c3 a�ro m,2 m W (11 Om 0 0
a a — o $ o.-'�'3 ' .0oc •E3 5. 0`< o o tote % n O W 1
y.a d m o P°.°7 u 'o N ° m .".P. 0 n 2 3 y 0 2 S o .� C ; y 'F u•A yffn0-g GI °. , y yN. nwAl&+ 404 mto la. ca ana 5 ' d.n n ri O S ml
70'0 vcoo5com °0 a 5..a a,a7'n nar a r 3.a31>„ no m °,° 3fn W y 7 `• .• �/•3�
»35'7 °'7 -35",-° - m o' 6mg'a 3y ,00mu`430703 5.3 1 y
mm3 ayo,...md Sn3o yc3m moo o•' � �� �mp _ an co 0Em E.a»m o m FC c5.w.ro aq cao'on y a0o 10 r V w al —
owa.R, CI .m ma m •+ m 6 w m E0 cn
co 0'0 a� m»rao Sm �,r100m Sm omh <O y oo mO
..mw7 a_ a^ n as aw ..En mw S -Smw
`"'co° 33. so`E E N 1/�7 o n3an yin m< 555
n :•dm`G Gum"i m-c m nnay 0w \ / am �a o`� ° nook f]n VI mrm" 0y Pm iD ° 3 0F,•-a prymN /� -. < y ��0 . a.-_°'"J O °,'C,
K 6^'J a R N a.3. -c ^.O V y R p".G b' R 0m4 S N < o
m " 5 R my n o,r8.3 ° 0 . �` y. yaoop`o " v aoa ^'.m°.
°O—y avyo 57y cry O m ^om Saoac?w'O £g.a 0.1 ' w -- 7 3 m a 2.° o' m
m ny5 °- p A'^.m — •
N �' m ° '^ 0 :° g an
yni z 0,-,0 'zo y ym 1 Z Srom °'m Nm0B'S.m aCn
m E F P0.R n p,.°°.p;n '°U ¢ 2 m £ A Y 2 n..nT.oi
re nS 4 ? Sro P.'•t< r5H °c 'b ° a`?'4m OmE7Rc 7•
a, m'S'c 87oonc 8006'4 CD
0'30 ?. ?' �,!T�y ti ago 5a CD
6 c<T .a.rc�.o _..» 75 n
-ip 7 - w ° 00 roSm m� O
� aOS
. " C OC Va6.w C D gw7a p
S0- 0 v o x° 03 3,p 0
IG m ,oa0 � ;o" �' 0 ?.0 n ... /1�
N.S�vm a y ' 7i' a`<n " CD
n ' Eo'° -m'7 m 0nron ✓
m
i' ng3 m -y xno. omE a p
Nz nHi c036 3 'd...-ms ,°.
mm a'O,°, ry" smc 3Sa ebm m""‘» 0
o°4 ra '. mrooamo4 .. 7 .
o m Sam °'3 G ?23'y o o o.3 0.s
C)
N m "m y. 3 3 oe e m c m o '1i O
ro< A5.w -5 `7g'.m°ero 7 n 'mo
Tuscawilla development
proposals create friction
By Elaine Bennett land as approved under the 1971
plan.
OF THE SENTINEL STAFF At Wednesday's meeting,
Tuscawilla Homeowners Associ-
WINTER SPRINGS — Develop- ation President Moti Khemlani
ers and Tuscawilla residents presented a proposal on rezoning
should work together to create a undeveloped parcels. The plan.
rezoning plan for their communi- approved by the association's di-
ty, planning and zoning commis- rectors, was expected to be rati-
sioners suggest. fled by its members.
Commission members last week The proposal calls for rezoning
listened to differing views on how all but a few parcels now designat-
or whether all or some undevel- ed commercial or multifamily
oped property should be rezoned housing to single-family residen-
in Tuscawilla. tial. Khemlani recommends that
They will have more meetings one parcel zoned for apartments
during the next several months and bordering the southern shore
before making a recommendation of Lake Jesup be designated a
to city commissioners. Developers natural preserve.
and homeowners can attend the Khemlani also suggests that the
next meeting at 7:30 p.m. Aug. 21 remaining undeveloped land
at the municipal building on State zoned for commercial or multi-
Road 434. family housing on the 243 acre
Homeowners who favor rezon- Tuscawilla Country Club be desig-
ing say commercial development nated for golf course use only.
and multifamily homes that were Country club owner James R.
proposed in the 1971 Tuscawilla Mikes was not at Wednesday's
development plan no longer are meeting. He has,however,written
compatible with their single-fam- a letter to Mayor Phil Kulbes
ily homes. about his plans to file a lawsuit
Developers, though, say they against the city for denying his re-
have a legal right to build what cent request to build 150 guest
was proposed in the plan. cottages on 10 acres of the country
City Attorney Frank Kruppen- club's property.
bacher said property owners who Commissioners rejected his
have not done anything with their plans after Kruppenbacher said
vacant land and have not filed de- Mikes did not have a vested right
velopment plans with the city may
have lost their right to develop the Please see REZONING, K-4
Homeowners seek rezoning of Tuscawilla
REZONINC from K-1 parties at the time of annexation and are still the ap-
propriate uses for such sites.".
to build the cottages. Mikes has made $2.5 million in improvements to
Mikes also wrote in the July 24 letter that if the the country club since he bought the club four years
city reduced the value of any of his undeveloped ago. He had promised to spend $2 million more for
land by changing the zoning, he would ask a judge to improvements if the city approved the cottages.
force the city to reimburse him for his losses.
Mikes maintains the city had no right to deny his He planned to tear out the existing seven tennis
reqiest to build the guest cottages. He said that courts and swimming pool.He said both facilities are
when he bought the land, he determined through more than 15 years old and need repair. He planned
city records that the 1971 development plan was still to replace the existing pool and add a kiddie pool.
in effect. Mikes also planned to build eight tennis courts, a
We purchased the land and club from the devel- stadium court with bleachers for 500 spectators, a
oper for 53 million in reliance upon the future ability 10,000-square-foot meeting morn, a 4,000-square-foot 9/ 0 /-
to develop our property as shown on the 1971 plan," health spa and a 6,000-square-foot golf and tennis '/
Mikes wrote. school. He also planned to improve roads, lighting,
We object to any change in the land uses permit- landscaping, stormwater drainage and irrigation, to
ted on any portion of our 243 acres," he said. The add 300 parking spaces and to make the project
uses are all in keeping with the original intent of the handicapped accessible.
Tuscawilla l ezoning issue hats up
9 Developers say they'll work with suggestions from developers or residents.
Winter Springs but stand by their right Homeowners who favor rezoning contend that
p y g commercial development and multifamily housing
to develop vacant land in the project. proposed in a 1971 development plan far Tuuawula
no longer are compatible with the residential cam-
ey .Elaine Bennett "��
Their stand was strengthened a few months ago
oFm
€SENTINEL srAFF when Kruppenbacher said property owners have no
legal right to develop the land if the property has
WINTER SPRINGS — Some developers with ve- been sitting, if there has been no activity and no
ant property in sprawling Tuscawilla are willing to Plan Developers develop an file with the city.
!help the city with a study on the future of their land. em alveste maintain,
right iht because though,th, the relied plan gives
Still, they are not backing away from their argu- to guide a them n th bemuse they reliod an the p plan
ment that they have a legal right to develop their guide them on their future ability to develop their
land as planned when they bought it and that any property.
opt said they are to land to assist in the study,
theing changes proposed in the study should require but that any changes to land use without their con-
their the consent sent would be "... an inhingement of our client's
- If property is rezoned without their approval, vested rights."
legal action would be considered,cautioned Orlando Don Greer,president of Magnolia Service Corp.—
attorney Nicholas A. Pope, who represents the Win- the developers of the Georgetown community in
Springs Development Joint Venture—owner and Tuscawilla— said Magnolia has a legal right to con-
developer of portions of Tuscawilla. tine to develop its land because it has been active
Those comments,along with a recent lawsuit filed and has plans prepared to submit to the city for the
against the city by the owners of the Tuscawilla next phase of development.He then urged that Mag-
•Country Club, prompted City Attorney Frank Krup- nolia's property no longer be considered for rezon-
-penbacher to issue a warning last week to all city of- ing,saying any changes would be detrimental.
scuts, staff and board members not to discuss the Tuscawilla Country Club owner James R. Mitres
rezoning issue until further notice. has threatened legal action against the city if any
Planning and Zoning Board Chairman David Hop- land use changes are made to any undeveloped land
*ins read Kr'uppenbacher's warning at a meeting to on the 243-acre golf course property.
review the rezoning issue. He said board and staff Mikes'attorney recently sued the city to clarity his
members couldn't comment,but would listen to any right to build guest cottages.
9 / 9 0 y
1ui ] 9.
S Mil w tsifliff lilt
V 1 Fs 13.0. I. § irr nfianli _ , g.s .,_ , , , , ,
! -mi m .yea' ;tn. a s: m 111 JUl .af` t * ,. 3 ..°ak
2 om@a w2 m 11" Kko•
S' m ' A c m am ffi n'
m
40 0109 m o �_.;q aaa2= ido R
o.,:I0-.496
w. 3 e.em & Sm S'ny g '
Fla=2m �. N a ^y •f'i rF,m_
145712.
• m o1 mw iq . mg. am 4...M
• ° W
AE m o -[21 E
'm A Q
° w 0 t (Dv
Dpi m e * SU
o y
Ng 2' aE5o �a8 gm .; .0- N - 0
=ZgRi
@,om WS ° ° 3 0� O vn a r
' g-a mop
t S Ag n' .• .
a mi
Cl)Y m « �
° 5 . 0 nm < _ySH 0
H , N R d4 ] Im $ e y.ma " a "•
»m c<m m E(p•
v) a h30.C .., ok" � r m '° mit
• 0 m SOS O�S U�� 1 �
s
mg a c C"°, K -.0._ m m ° o w m3o•� ome
Vy
E4. ASS a 55- y".3.3 ' o ,m, 0.
' CCC
=0 81 § t - i E o 03 � ° y
a
y
mw m c oC..» amCD cm '
0-52'0.2. ° H 5 a 7 omos CD
• . o «3 m CC
y �om ° m $ = C m °.. D o o m
'g
a YYnn o `e
S m a m m
B. AAA= r av- M2 mS.°50P
51 S"a �� _5 VI 3 r ; O 54 t4 - o
.$�osg5Pq5 ...�'Qm C1 Q�m mAmno : n °2 �U)
Pm m Cf W. ;": "' §w E t ' Lo.0 a o l /0 eD1
q»m � ed id ^ 8 P ao av 5 '- W
° a S». w � m C w m
A.p $� og w £ 3cc ❑
A qq 3 "kAgm om lE
6A« i6c1E�' mg m a5gmqm mo. R ■
°ate° �y maa,° m °w .^.dm � —•
ire •°o kY$y[p� 3 g'"�'3^ m w r -E'° t'^qe v
✓ co
gg 6 a lQ w'g 7C �sm� '�� E -m+
m '3 S r . P-c r°etC »m a mar' ma
I a vg cn
CA
a1 0
h r e?•
r a
—•
0 , 0
a J
Homeowners of
Tuscawilla prepared
to fight City Hall
BY LINDA HUMPmkEY
Approximately 200 Tuscawilla want to end the erosion of recreation areas,"
homeowners emerged on Winter Springs City Martinez said. Chick-fit-A holds ribbon-
Hall Monday in defense of things near and Tim Johnson said he learned to play ten-
dear cutting ceremony
to their hearts,homes,and pocketbooks• niS when he moved to Tusawilla in 1971.
Namely their country club, swimming pool, "Then Florida Country Clubs came along and '
and tennis courts—all of which are in need of tripled the dues. Today we have bad food,
repair or are completely non-functional. Marry bad maintenance,and few members remain,"
of the disgruntled residents carried signs slat- Johnson said.He added that the market value "
ing"Save Our Country Club." of the homes in Tuscawilla isabout 5600 mil- '4
Developer James Mikes, who was not lion.Thisawillais almost built out The vul-
pre sent atMonday's meeting,agreed in 1993 Lure are curling,"he added. 11 as president of Florida Country Clubs, Inc., her residents told commissioners they ... .•..
that the purpose of the property located just have an obligation to protect homeowners and . I
o6 Winter Springs Boulevard,was to remain called for the commission to not allow Mika
that of a country club,golf course,tennis dub, to build homes on the property and to require
clubhouse/restaurant,and for golf and tennis him to preserve the swimming pool,tennis Paul Partyka Winter Springs
classes. In a 1994 amended agreement with courts,and golf course in their current loo- abngwith Steve Mason,Chick-fil-A,Inc.
the city,Mikes planned to build more than 50 tions. Mce president of Operations Services
single family dwellings on two vacant parcels Commissioner John Langellotti made the joined Chick-fil-A Operator Bob Kyle and
of the property.In return he would repair the motion that the city would require Mr.Mikes otherdignitaries for a special VIP ribbon-
pool which has not operated in two years, to act incompliance with the settlement agree- cutting ceremony on January 23rd. The
relocate the tennis courts,and expand the res- ment including maintaining the clubhouse and grand opening event officially opened
taurant. Homeowners say he has not kept his swimming pool. The motion passed mull- winter Springs first Chick-Ill-A free-
end of the bargain and that the facilities are mously.City Attorney Frank Kruppenbacher standing restaurant
still in disrepair. Mikes is now proposing to said he will bring to the commission possible
give the city$200,000 to build recreation 6- ways to enforce the agreement and will also
cilities located elsewhere in Winter Springs. look for code violations on Mikes'past
Tuscawilla residents spoke freely and passion- In other business,the commission voted
ately during the public input portion of 4-1 to authorize the city manager to spend
Monday's meeting. $900 for mdtrialsfora joint sidewalk irpmve-
Edward Martinez, president of the ment project with the County to install a side-
Tuscawilla Homeowners Association said walk on Shepard Road west of Highlands El-
there are 3,700 families living in Tuscawilla ementary SchooL John Langellotti cast the
who bought there with the promise that 10 dissenting vote.
percent of the subdivision would be used for Mayor Paul Partyka and the commission
recreational purposes. That has shrunk to expressed gratitude to residents Art Hoffman
about four percent. He(Mikes)does not re- and Brian Fricke for their service on the Board
specs the interest of paying members. Our of Trustees.
answer is'no',our sentiment is'enough' We
0170 / 30
Tuscawilla woes
top commission
agenda once again
BY LINDA HUMPHREY
Winter Springs City Attorney Frank ing board and is denied,that in essence wodd
Kruppenbacher had some stern words Mon- be the same as a moratorium-only better."A
day for James Mikes, owner of Tuscawilla moratorium would open doors to Mikes,"he
Country Club.In response to correspondence said.
from Mikes to the City dated Jan.30, 1997, Commissioner John Langellotti asked
Febmary6,1997,adFebnery7,1997 in which McLemore if the City has cited Mikes on any
Kruppenbacher said Mikes threatens to sue known violations.McLemore responded,"Mo-
him,City Manager Ron McLemore,and basi- lations have been cited.He has been notified
cally anyone else who renders an opinion regarding fences down,water in the pool,and
opposite to his own,Kruppenbacher advised electrical problems.The majoritycan be cleared
Mikes to"Take your best shot." up in one to two weeks,"he said.
Kruppenbacher went on to say that a The commissioners agreed to hold Mikes
settlement agreement entered into by the City responsible for the repairs and upkeep of the
with Mikes binds him to make good on re- Country Club.Jcnippenbacher urged commis-
building tennis courts, expanding the Cafe, son members to tell Mikes that the golf course
and refurbishing the community swimming can't be developed—period
pool. According to Tuscawilla residents the In other business,the commission:
pool has been non functional for two years.
Mikes not keeping the agreement to repair and
update the existing recreational areas, and Approved a request to direct McLemore
adamantly against any new home construe- to create an Ad Hoc Task Force to study the
lion. Tuscawilla homeowners jammed the need or community desire for a public swim-
January 27 and February 10 city commission ming service in the City.
meetings in support of holding Mikes to the
agreement , Approved for adoption the first reading
Tuscawilla resident Peggy Baker implored of an ordinance to change future land use
the commission to be acutely aware of wild- designation of a 9.9 acre parcel of land lo-
1 ife and natural drainage around the golf cated at the intersection of Orange Avenue
course. "We should guard and preserve the and Thskawilla Road from Agriculture to One
natural habitat. Don't make any decisions Family Dwelling District.
before knowing the details," Baker urged.
Resident Susan Folsom asked that a morale- City Commission meetings are held the
rium be placed on all the land so that Mikes second and fourth Mondays of each month
could not proceed with any development of beginning at 6:30 p.m.in City Hall.For more
new homes. lCmppenbaclier said when Mika infonrnatioo,call 327-1800.
proposal goes before the planning and mn-
Tuscawilla residents back for another round
BY LINDA HUMPHREY
Homeowners within the Tuscawilla sub- decided to add to the developer's financial Tuscawilla subdivision.The letter states that
division once again demonstrated strength in woes by canceling their memberships to the the conununity's well being,both to the qual-
numbers Monday at the Winter Springs corn- country club. Tuscawilla resident Rolf ity of life and real estate values, have been
mission meeting.They are up in smut over the Utegaard, read a letter signed by 25 tennis affected by the country club's presence and
condition of their country club,the swimming menthers terminating their membership."Some condition.The letter urged the commission to
pool,tennis courts,and the building of homes have been members up to 20 years,"he told take every appropriate action to protect the
near the golf course.James Mikes,who owns the commission. Utegaard said while resi- rights and interests of this large segment of
the country club and is the current developer dents dealt with poorly conditioned courts, the city's population through the code en-
of Tuscawilla,has allowed the facilities to fall faulty or no lighting,no lifeguard at the pool, forcement process.
into disrepair. The pool has been closed for and restrooms that have been closed within City Attorney Frank Kruppenbachertold
two years and tennis courts have not been the facility,members were still paying high the commission he had recently been to Talla-
maintained.Residents say the cafe located on monthly dues--up to $130--and receiving hassee and had pored over countless docu-
the property is now following the same path nothing in return. "This does not mean we ments and other information pertaining to this
and complain the food is not worth eating. have lost interest in our country club.We will matter with Mikes.Kruppenbac her told com-
Amid promises to correct the problems, return as soon as a different owner is there," mission members he would be ready to give
settle ag eeme s,talk&Mikes'building more he added. rcammendationsto them at the April 14meet-
homes on the golf course,possible code vio- Edward Maninez offered the commission ins, "We are trying to give everybody the
lations,and thousands of dollars Mikes'owes a letter signed by 19 presidents of opportunity to put everything on the table.I
the City of Winter Springs for services such homeowners associations representing 3,700 will defer giving an opinion tonight,"he said.
as water and sewer, the residents have now families and 10,000 residents within the continued page 12
Commissioner Larry Conniff told sign designating the entrance to City
those present that the"Only way to Hall. Conniff dissented, saying "I
sop Mikes is in amt He doesn't care don't think we need to spend the 9 7 O 3 2 7
what we say up here." moray."
In other business, the commis- Than arriving arty Monday met
don voted 3-2 to give 83,500 toward with surprise In front you 1f looked Hall.
the Seminole MsbningPlm4 p� Depending on how
wurldnginanjura ion with the Chem- one may have thought Santa Claus
ben of Commerce,designed to bring wss a little late,or a lot early.A huge
businesses and organizations within red sleigh,complete with St.Nick,was
the county together in common goals. stationed In the parldng area,This was
Commissions Michael Blake and to allow residents to view the unique
John Lengthen'voted nay sleigh recently purchased from the
The commission also voted 4-1 Kiwards Club by the city for use in
to spend up to 810,000 to contract a the anneal holiday parade.
Winter Springs may see --�
Tuscawilla developer in court
Construction, unpaid water bills, and failure to keep settlement agreements may have their day in front of a judge
BY LINDA HUMPHREY
The final decision regarding construction Kmppenhacherthe city mB go to court if a verbal agreement.Kiuppenbacher demon-
of new homes near the Tuscawilla golf course necessary to get the amount owed for the stated,"The city told me I can do this,then
and thousands of dollars in unpaid water bills water bill. According to City Manager Ron the city says we made a mistake,you can't do
owed the city by developer lames Mikes,may McLemore,Mikes phoned City Hall on Mon- it.It gets complex.Ajudge will say, `exactly
be heard in a Seminole County courtroom, day to make payment arrangements for the what did all the parties do?"'he said.
says Frank Kruppenbacher, Winter Springs large,past due bill and that water/irrigation According to Sandy Solomon, Mikes'
City Attorney. services have been stopped for some time for attorney,the city reached a settlement agree-
-
Theconimissionchambers filled Monday lack of payment. Tuscawilla resident R.W. ment with Mikes'in 1993.Inamended settle-
with residents, attorneys, and a television Nelson told the commission he had heard of mean agreements in 1994 and 1995, Mikes
camera in anticipation of still another chapter an incident where water service was discon- agreed to relocate eight tennis courts,repair
of the city verses Mikes continuing saga. tinned at a private residence for an unpaid the pool,and expand the cafe,if the city would
Before the meding began,a resident was over- balance of$24. "Taxpayers have paid this allow him to build more than 50 new homes
heard to say,"This is like being at a race wait- $10,000 bill.My taxes are not intended to fund where the QJflCflt tennis cowls stand and near
ing for an accident to happen." There were private interests...I want a refund,"Nelson the golf courts."It's a simple contract issue.
no accidents,just well planned legal state- told the commission. "The irony here is that Is the city prepared to live by the agreement it
ments and predictions-by both sides. Tuscawilla Country Club and Mikes are at fault has executed?, Solomon asked."The agree-
Kruppenbache r, along with attorney only that they took advantage of what the mentprovided thatthe city and Florida Cowl-
Donna McIntosh,special counsel for the City, City allowed them to do,"he concluded. try Clubs,Inc.,contemplate proceeding with
started the meeting with a long awaited legal There may be a lot of truth in that date- the development. The agreement specified
opinion of the ongoing situation with Mikes, ment,according to Kruppenbacher,who rec- that type of development which Florida Coun-
Mikesis the owner M the Tuscawilla Country ommended the commission allow a Seminole try Club now intends to proceed with,"
Club which includes the adjacent tennis County judge to be the final say in the maser Solomon told the commission, referring to
courts,swimming pool,golf course and cafe, of Mikes'construction of new homes,and if single family residences.
all of which residents say have not been main- nerralry,in the collection of the water bill. Eddie Martinez,Tuscawilla resident,said
twined. The pool was closed two years ago Kmppenbacberand McIntosh recommended "I feel like a tightrope walker who could be
and tennis players have dropped their mem- the commission ask the courts to give a blown to either side by the wind. Based on
berships and stopped using the courts. declatoryyjudgment,which is a claim you can what I've heard,the agreements with the city
In addition to not maintaining the facili- file in court when a party is uncertain what and Florida Country Club are against the com-
fits,Mikes owes the City than$10,000 their rights are,when the outcome is unclear. prehensive plan and therefore invalid. Our
in water bills. Now, he wants to build new "You say to the judge,here's the law,here are rights have been violated by those who en-
homes on the property near the golf course. Ihe Facts,please explain,"Kruppenbacher said. tered into this agreement without consider-
Residents in Tuscawilla who purchased In question also,is whether the current pro- ation to the homeowners. We will pursue all
homes with a guarantee of recreational ameni- posal for properties that are undeveloped or legal avenues,"Martinez told the
ties,wants Mikes to fix the problems with the in the Process of being developed are coasts- commission. Mother homeowner re-
pool, tennis courts, and cafe; pay the out- tent with the city's comprehensive plan. toned,"He hasn't kept his end of the bargain,
standing bills,and stop all new constriction. Kruppenbacher also mentioned an equi- why are concerned about keeping ours?"
They want their original recreational commu- table estoppel which surfaces when one party In other business,the commission voted
nity back in good shape reties on someone else to do somethin, as in to be the first city in Seminole County tosup-
port CALNO(The Council of Local Govern-
ments)efforts to develop a local government
television access channel for local govern-
ments within the County.
Resident Russ Robbins was presented
q 7 0 J r� an appreciation award for his service on the
/
beautification board from199S-1997.
Court in Tampa may decide
Tuscawilla homes issue ���3/97
By Will Wellona judge td make a ruling on the built. Securing the growth plan
Tuscawilla development issue. changes could delay development
orme ream STAFF Winter Springs has put on hold at least a year,city officials said.
all development permits around Mikes' attorneys maintain that
WINTER SPRINGS - A Hills- Tuscawilla until a judge rules on no new government approvals are
borough circuit judge might be how future development should needed because the country club
called on to sort out a develop- proceed. and the city already have a court-
ment debate at Tuscawilla Coun- Mikes has asked the city for approved deal that allows for the
try Club. permission to build luxury homes new homes.
Attorneys for Tuscawilla Coun- around the country club. Some of Kruppenbacher said he expect-
try Club owner Jim Mikes have the home sites are on land now ed Mikes to try to push the issue
filed suit against Winter Springs used for tennis courts and a away from its home county. How-
in Tampa. Mikes wants a judge closed swimming pool. ever, Kruppenbacher said the
there to order the city to allow Tuscawilla residents contend country dub owners will not stop
him to build 66 homes around the Mikes is damaging the country him from filing in Seminole.
golf course. club by attempting to build too "He is wasting his time," Mikes
Mikes is already fighting a fore- many houses on what was open said, adding Hillsborough County
closure suit in Hillsborough Coun- recreation space. is the proper place to decide the
ty over the country club. Winter Springs attorneys told development matter.
Mikes beat City Attorney Frank city commissioners earlier this Winter Springs joined in the
Kruppenbacher to court. month that Mikes needs to seek a foreclosure suit, so Mikes said ev-
Kruppenbacher intends to file change in the city growth plans erything should be decided in
suit in Seminole County, asking a before any new homes can be front of one judge.
`17o 3
ii 17_119 attorney Frank Kruppen-
bacher 29 9 7 told commissioners it
Tuscawilla
the felt $70,000
lawfi $9 epre for
the Fields law firm to represent
the city. Top lawyers from the
firm will be paid$200 an hour.
feud fuels K uppenbacher cautioned that
those figures could go higher if
Mikes brings more legal action
need for against the city, which he has
told city attorneys he might do.
The firm will defend the city
and sue Mikes for failing to pay
law firm several thousand dollars in wa-
ter bills.
Commissioners unanimously
approved the Tampa-based firm,
❑Winter Springs hired a bringing applause from the
law firm to represent it in chamber filled with Tuscawilla
a battle over construction residents. Many Tuscawilla
homeowners have urged the City
near the country club. Commission to block new devel-
opment around the golf course.
By Will Wellons Winter Springs already has
Y spent $35,000 investigating city
OF THE SENTINEL STAFF records concerning Tuscawilla.
City Manager Ron McLemore
WINTER SPRINGS — The said he will have to take money
city's legal battle with the from reserves to defend the suit.
Tuscawilla Country Club could Winter Springs has $2.3 million
cost taxpayers $125,000 — and in reserves.
maybe much more. The city expected to spend
The Winter Springs Commis- $106,000 for all of its legal work
sion on Monday night formally this year. So far, the city is on
hired the budget,records show.
Carlton Fields Fields is the second firm that
Commis- law firm to Winter Springs has hired in the
stoner MI- represent the past three months to deal with
Tuscawilla. Earlier Kruppen-
chael8lake Tuscawilla bacher hired Donna McIntosh as
said the matters. the city's special counsel.
Country
Kruppenbacher said then the
City is tak- Club Owner commission needed McIntosh
James Mikes because he would be called as a
ing the sued the city witness in the upcoming legal
right step in earlier this action. Now both Kruppenbacher
month in and McIntosh are expected to be
hiring a top Tampa, con- witnesses because of research
trial attor- tending that they have done for the city about
Winter the club.
ney. Springs is not Commissioner Michael Blake
living up to a said the city is taking the right
deal concerning development (step in hiring a top trial attor-
around the country club. Mikes ney.
wants permission to build 66 "I'd have a problem if the city
luxury homes adjoining the golf did not defend itself aggressive-
course, which the city is fight- ly,"he said.
ing.
X70 /, 9
vh
C
Ch
a
98
Ca N {w'� E mil i n Lr f E 2 E g 8rk' Q rl qm n rF CL
pH9g = O ^ R �. - 1; 5g ,2, § GN `Z JER5r i' lsi P5 G N x
fl 6 „ a o_ �,�, E G. �. ° 'wGQN 2 ' 5 'n 8 ° 8 s m O
ao E ft g E o R w ^ `c' 5 0 g g n' S -i P erl a,,m g y V' alp /<\
8 C. o-^� -Q°+, El a' = ''2 � ^5sNo g o j1- 5 3 g81 � �, og `a Y.7 0
�" 8 2. o 84S 3 5z w n w k ; gi, A 7 A g " 'o g-' rig i 1 M la/ ‘10 mg
tl 2 $ a 7. E w e E “ o yOW d O
8 a°=. 6 — 6 = in = °a8 � 8� 9 pr E > gE m Cl)
C E 9140- =4111 ,t. - 4R
a w c S . ^ A w a s
. Siko PQ `24 w tti o^ SR 4RF 9j2 Q g coo a
fit FRi fi. ^ lm E '' Bo Ro i www g 0 = 0)
L " 6 P
Veil-$ ryB y p ^ w' tip 4kg 9 aP gcc � tlg a 0 0 CD
0
0 f 8 . W I W 21
1,i;4o1lg. ffg1a tg. - il5B4 _ 1 " 11 U$h S
4 0 e I 0 r 0 e
" 2 � n P � � X58 o �, -� �' CD -' � /
may � ; . . ss pa , CDwM
�' 1 ^ 1 ^
82 z !8 � � " � 2sya�` e 8 2si6 - .
Q p 4 C nn1 9p Qey.,jyg{