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HomeMy WebLinkAboutWinter Springs/Oviedo Battle-1994/1995/1996 Editorials Two `good guy' cities need outside opinion I,t s too bad Winter Springs and Oviedo can't cut a deal on a proposed shopping But in going to court, Winter Both cities can be seen as mall's access to Winter Springs Springs is gambling heavily. „gam guys." Winter Springs is Boulevard. They appear to be The easement at the crossing com- mitment to court,and the public point lies in Oviedo, giving standing firm by a moral mitment made to moral c ills cant win, no matter how that that city a crack at condemn- in a Though residents to protect their might come out. g crossing. g Winter neighborhood; governments What's needed at this point Springs can opine that the pro- don't always do that. Oviedo is is a mediator, an unbiased ac development has other trying to lasso needed corn- access — it fronts on Red Bug third party who can look dis- mercial development and a passionately at all the facts Lake Road — there is this jobs center. and recommend a solution. question: Can one city control an easement in another city, Winter Springs commission- Oviedo wants access to Win- this blocking access to a ers and Tuscawilla residents ter Springs Boulevard for a stretch of street in the second say they are not opposed to the proposed mall that would be arty? mall; they welcome it.'Their built on land it would annex. It gamble for Winter concern is traffic. Oviedo noun- The blocked in that endeavor by Springs is, if it should lose, it cil members and residents say a "conservation" easement they intend no harm to their would have given up all con- running parallel to the boule- trol, and would have no protec- neighbor. vard and under the control of lion. A part of the compromise There is reason to believe, Winter Springs. The city got offered by Oviedo is that it though, that both cities have the 10-foot barrier years ago to would de-annex the crossing dug in their heels and are prohibit traffic outside access site and allow Winter Springs gg to the huge Tuscawilla devel- police quick fto rom turn aside a sh They've g to annex it and have police lion from the other. They've opment. control at that point been locked in this battle for In an effort to allay fears of months now. the neighborhood's being over- Winter Springs's argument run by traffic, the mall builder is weakened by not presenting Before taking the final step has offered to construct the in- a traffic study to back up its and going to court, perhaps a contention that the opening third party could make helpful restrict traffic in a way that and from would ruin Tuscawilla. Its traf- suggestions that would result the treve flow to for from tic consultant made a verbal in a compromise all could live to toe nfor, even pay for a cop report in an executive session; with. It would be worth a try. Winter enforce a no-right-turn ity law- there seems to be no written Winter Springs city commis- report, and all the Oviedo City any though,c , no matter ated Council has is a third-party thet any entrance, ni ase the design, would increase summary. That may be good traffic and degrade the neigh- legal maneuvering, but it's not borhood. good-faith bargaining. 9 0 / 0Z i woe eU ago,but molt of the action Mall developers take has been a tug of War. case to the people By Will Wellons OF THE SENTINEL STAFF MALL from K-1 OVIEDO - Shop or stop - So with the mall hitting roadblocks,Oviedo Cross- emotions about the proposed mall ing developers are taking their case to a new arena: in Oviedo Crossing run high • the people. "I want it all," said Glenda Con- "We want to meet with every civic group, garden ley, a 25-year resident of Oviedo. club, women's club in the market area," said Tom "I want everything. I don't want Morgan, a Duda spokesman. "The public has not to drive to Altamonte.I don't want heard from us." to drive to Fashion Square.I went The Rouse Co.wants to build a regional mall with to be able to go to my all and get five anchors.The mall would be the centerpiece to a some makeup w hose."er SPA 435-acre development that one day could include a In neighboring medical plaza, wellness center, restaurants and of- Tom O'Connell is studying de- flees. tailed tore ideas to block klthe A Target store and a Chili's restaurant already Crossing just north of where Red have opened at Oviedo Crossing. "People need to know that Oviedo Crossing would Bug Lake Road crosses under th0 Central Florida GreeneWay. generate 2,800 jobs. It will create $4.3 million in tax revenue," Morgan said. "People need to know that "The mall is a lousy idea," said O'Connell, who lives on a street $2.3 million would go directly to the schools." However, the numbers that Morgan and other that could become scut-through route. O'Connell says the mall iS Duda and Rouse representatives cite are only esti- mates for a development that has not won approval. just too big for local roads to hart- dle.,`You cannot put a 4-pound County commissioners that included in 1989 granted approval project on a 2-pound site." for a project that included 1.2 million square feet for Cect ons.and O'Conne"'s pow- offices and showrooms, apartments and some shops. Commissioners insisted that the project should not lions minor those taken, have a road connecting to Winter Springs Boulevard, and Winter Springs political the main artery into rills. One year after plans were an- Now Duda—through gh its its real estate arm,The Viers nounced for the 1.2 rrullrmaquare, Co.-is seeking approval for a larger project that in- foot mall on land owned by A Duda eludes the mall and a hotly debated entrance from & Sons, the project has pitted the Winter Springs Boulevard. city commissions against each other Rouse and Duda representatives have been trying and gotten nowhere. 'to court the three governments for the past 12 The mall has Yet to pass a single months to get the mall project moving. However, review.Key meetings before region- Rouse officials have learned that a mall cannot al planners and the Seminole Caro. please three masters. ty Commission have been post-' Oviedo Crossing is in unincorporated Seminole, e& but it borders Oviedo and Winter Springs. Oviedo and Winter Springs are otn Oviedo leaders want the mall and have taken steps the brink of a court battle. to annex the mall property just east of the Central Tuacawi la homeowners who live Florida GreeneWay after it clears approval by the just north of the mall land, have county. been lobbying county commission-. Winter Springs commissioners have traffic con- llcade say the � devastate cams and have sued Oviedo to stop what developers their country club community with say is a critical entrance road from Winter Springs Boulevard. Winter Springs controls a 10-foot conser- cut-through traffic. vation easement that blocks the entrance road from Reese 8� � 1(4 reaching Winter Springs Boulevard. Rouse officials have said:no road,no mall. Oviedo, meanwhile, agreed to go to court to con- demn the easement. /� –1 SQ 2 0 c Waiting in the wings is the County Commission. Commissioners would have final say on the proiect. Commission Chairman Randy Morris, elected in I November, already has heard from mall supporters and detractors. dent Paul Partyka,a former Winter Springs commis- "Both sides have shown they have keen support sioner. Partyka questions the need for an Oviedo for their own position,"he said. mall when the 1.2 million-square-foot Seminole Mother new commissioner,Win Adams,hopes the Towne Center in Sanford is going to open lath this two cities will find some room for compromise. year. "I'm hoping to get those two sides together," he "The citizens of Winter Springs are prepared to the "I don't want to be put in the middle and have fight this to the bitter end,'Partyka said. Mother factor influencing Adams' decision is a However, not everybody in Winter Springs is op- campaign promise he made. posed to the mall, says Oak Forest resident Patti "I will say one thing, I gave my word to people in Blass, a frequent mall shopper. She thinks mall op- Tuscawilla during the campaign that I wouldn't force ponents are only an organized minority. anything on them,",he said. If the mall did not come,I would be angry,"Blass Mains might find support from Tuscawilla resi- said. The players Oviedo Crossing is a 435-acre planned develop- ment that straddles Red Bug Lake Road.The site is I just south of Winter Springs and west of Oviedo. Besides a 1.2 million-square-foot regional mall planned at Oviedo Crossing, plans include a well- nesscenter, medical plaza, restaurants and offices. Mall meetings Here are the major players: • The Viera Co.owns the mall site and is the de- Representatives of The Rouse Co. and The Viera veloper of Oviedo Crossing. Viera is a subsidiary of Co. will conduct a series of community meetings to A. Duda & Sons, a worldwide agricultural firm talk to based in Oviedo. people about The Marketplace at Oviedo • The Rouse Co. Is a national developer from Crossing. Columbia, Md., that hopes to build the mall on 90 Here and Rotary of the Club, 7:30 meetings: Wed: acres. The 150-store center would be called The Oviedo Rotary Club,Malaya a.m. 1eadrtvsday. Marketplace at Oviedo Crossing and would include ' Canterbury Retreat, 1601 Club, Trail,near Feb.e16, five anchors and a food court. ■ Oviedo Kiwanis Club, 7:30 am. eb 16, Rouse has built more than 70 major shopping Oviedo Bowling Center,376 E. Broadway St. centers around the country, ping ■ Oviedo Chamber of Commerce Business After ketplace in Miami,The Jacksonville Landing,Under- Hours,St.5 p.m. Feb. 16, Oviedo Women's Club, 414 ground Atlanta and Faneuil Hall Marketplace �•W' ton. etpleca in Bos- ■ Winter Spring Rotary Club, 7:30 am. Feb. 24, • The Seminole County Commission Is Winter expected ills Country Club, 1500 Winter Springs Blvd., to have the final say on whether the proposed de- velopment will be allowed. • The Oviedo City Commission has signed an agreement to annex the mall land if county commis- sioners approve the developer's plans. Oviedo has agreed to condemn a 10-foot Winter Springs con- servation easement that is blocking a critical en- trance road.A portion of the easement is in Oviedo. • The Winter Springs City Commission controls the easement along the southern edge of the Tuscawilla, a country club community in Winter 9 5 0 4 D .r Springs. City commissioners oppose plans for a mall entrance road to cross the easement, fearing that could create disruptive traffic through Tuscawilla. y� f.TM prisoners serve out their sentences. Around to�!Y 11 The group also plans to collect _ more signatures at upcoming COMMUNITY NOTES festivals for its petition to put a constitutional amendment on the ballot that would require felons to Oviedo goes to court serve 85 percent of their sentences. 10 battle over mall The first try at the amendment was killed last July when the Florida Supreme Court rejected the OVIEDO—The legal fight over measure-saying the ballot language 10 feet of Tuscawilla's southern was misleading. border is on. The group needs 430,000 Oviedo attorneys last week filed signatures statewide to get its plan the much-anticipated lawsuit, on the 1996 ballot.The supreme which attempts to condemn a 10- court will review the measure after foot conservation easement 10 percent of the signatures are controlled by the city of Winter collected. Springs. Chairman Gary Jennings said the Oviedo contends in the suit that group collected more than 100,000 the condemnation is needed to signatures on election day,and they build Oviedo Crossing Boulevard,a are being verified and forwarded to road that would connect Red Bug the Secretary of State's office. Lake Road with Winter Springs Boulevard. The suit names-the city of Winter Springs and the property owner, Richland Tuscawilla Ltd.,and The Viera Co.,which has a contract to buy the land. The road would serve a critical entrance to the proposed 1.2 million-square-foot shopping mall called The Marketplace at Oviedo Crossing. Mall representatives say that without the road,the mall will not be built. The proposed road would lie in the city of Oviedo.However,Winter Springs controls the easement that runs along the southern edge of Tuscawilla to State Road 426.The Central Florida GreeneWay already crosses the easement. Oviedo officials are pressing ahead with the suit,saying it is needed to annex the mall site. However,Oviedo City Manager Gene Williford said the City Council would rather talk with its neighbor than pay attorneys.Williford said the city would be"more than happy"to take the dispute to mediation. 9.50 a /A Winter Springs City Attorney Frank Kruppenbacher had not seen the suit earlier this week.He said !'the real issue is whether the road is needed for the public gaxi,rather than the private gain of a developer. Kruppenbacher said he would study the suit and present the board its options—one of which could be mediation. q ) f ` - § ^ 5 = IA m ilm , K 8 , 7 2 ; / 6,17 e . It illi!{ 2 ! 'I{i 0 2 co.(\Dƒ ( " DO m./ \A ! -I 2 CO #;) , 0 (/\r q(� 'C ---S) i�$ j q 0) L'1 |/ ' ; Re \ a. ;fry q 2 & F! / ' ; wm| E J. w m g ] 2° } ■ % # s\7 a imP % k # O } f [ / CD FE « a: l, m § a / \ ! ;IK/ ! |G E a) `} P ar s _ ° n. n a a l2• , 2 @ , N ,! -\' I � ( f|a « _ ! Mo 3 R z � , § / . §; ) dX} ( & Clr Critics of mall think over offer MALL from D-1 Details of offer Seminole County but borders Winter Springs and Oviedo. The latest offer by the mall developer and land- Under the latest proposal,developers say they would owner would give the city $330,000 to help it deal connect the mall's northern entrance to State Road 426 with mall traffic. That sum includes $250,000 for a' —Aloma Avenue—and stay off of Winter Springs Bou- wall along the west side of Tuskawilla Road,$60,000 levard,if that is what elected leaders want for private entrances to Chelsea Woods and$20,000 The option has been presented before.But the devel- for landscaping. They also have offered to build a opers have made it clear they did not want to build a mall entrance road off State Road 426, or Aloma road parallel to Winter Springs Boulevard because they Avenue,Instead of Winter Springs Boulevard. say it would create even more cut-through traffic. Michael Bryant,Rouse project manager,said the pro- posal is a last try to keep the issue out of court Winter the proposal was put together. "I don't know what to Springs and Oviedo already have sued each other. think,"she said. Here is a breakdown of the payout that Rouse and Bryant said the company fashioned a deal after learn- Viera would make after the mall is given approval: ing that both Oviedo and Winter Springs wanted media- • $250,000 for a wall along the west side of lion to settle the issue. Tuskawilla Road.The City Commission wants a wall be- Winter Springs Mayor John Bush,who votes only in cause scheduled road-widening will destroy a swatch of a tie, applauded the developers for bringing something. trees along the Oak Forest community new. • $60,000 to build private entrances to Chelsea "I cannot speculate on what they will do," he said of Woods. The entrances would block Seneca Boulevard the board."Fm just pleased the commission has some-. from being a possible cut-through mute to the mall. thing el"r to look at" Many of the mall's staunchest opponents live in Chel- In neighboring Oviedo,any move to settle a legal bat- sea Woods. • tie is welcome news.However,City Manager Gene ■ $20,000 for landscaping near the city limits. Ilford hopes that the secondary mall entrance road is on Winter Springs has effectively blocked the mall be- Winter Springs Boulevard and not SR. 426. The main cause it controls a 10-foot conservation easement along mall entrance is on Red Bug Lake Road. Winter Springs Boulevard all the way into Oviedo. Williford said that an entrance on SR.426 would put Developers need to cross the easement to build an traffic lights too close together and "create a safety is- entrance mad to either Winter Springs Boulevard or sue." SR. 426. Oviedo, which plans to annex the mall, has While the cities argue, it is the Seminole County sued to condemn the easement so it can be crossed. Commission that has the final say. Winter Springs commissioners have unanimously op County Commission Chairman Randy Morris said he posed an entrance road near Trscawilla.Commissioners supports the way Rouse is working to solve problems. reached Friday were surprised by the proposal. He said the new proposal keeps a secondary entrance "I have not even read it," said Commissioner John outside of 1Wscawilla,something he favors. Ferring. Morris said he thinks Winter Springs should"take a Commissioner Cindy Gennell wanted to know how good look"at the proposal. 914ddS Mall proposal called an insult By Will Wellon• Commission to discuss proposal OF THE SENTINEL STIFF Woods resident, urged the commis- WINTER SPRINGS— insult MALL from C-1 Sion too That is what two city commissioners consider the lat- Pry,a the mall_Back's sun est offer by the developers of a proposed mall to end "I have not been able to band, Terry, asked the commission fighting over the project along Red Bug Lake Road just digest it not to act hastily. yeAf After the unc. Representatives The VierCo.of The Rouse week south, s ss. After the council decided the m to post- and The Viers b said last wset- Still, commissioners a ol t at could Monday night to Springs pone residents three of the mere than the the is their best a long to t $3 private a proposal if could pay Winter Sponto a0 insi the p p attendance spoke fie the toed without a long court not an2esseoto concessions ff the city drops its opposition to against the st resident fight Project meeting. did not at- anessential mall entrance mad. Oak Forest resident Russ Rob- tend Monday's meeting. The Rouse Co,the developer,and The Viers Co.,the bins said he wants a wall along Winter Springs commissioners landowners, offered Friday to pay for landscaping, a Tuskawilla Road, but he does not have consistently rejected a mall wall along Tuskawilla Road and private entrances at the want it at the expense of his neigh- entrance road in Winter Springs to Chelsea Wocmll cuonrotgh trasccwilla community to bors ent0Diana Boulevard, in deference to halt The comp nyllcut-through build Resident Diane Back, a Cheslea Tuscawilla. The company also offered to build an entrance mad parallel to Winter Springs Boulevard and connecting to State Road 426,or Aloma Avenue.Rouse had wanted a mall connection directly to Winter Springs Boulevard. The offer angered the two commissioners who live in Tuscawilla, where residents fear increased traffic through their community. "I could take this thing and throw it in the garbage," said John Ferring,who was upset that the proposal was put together without consulting the city attorney or the city manager. He called it an attempt to polarize the community. John Langellotti agreed that the deal was an insult that did not deserve consideration. But Commissioners David McLeod, Larry Conniff and Cindy Gennell voted to hold a private, executive session on the proposal because it would end lawsuits with the neighboring city of Oviedo,which wants to an- nex the mall. Please see MALL,C-4 93'0 a 2 1" Winter Springs not swa ed by y new mall offer By Darrell Johnson of Tuskawilla.Chelsea Woods is con- Tuskawilla did not want the issue to sidered to be the community most at go that far. The Winter Springs City Com- risk for cut-through traffic, and the "I thought we were not supposed mission quickly, if temporarily, dis- entrances would be designed to dis- to even discuss this," raged John posed of a proposal by The Rouse courage that. Langellotti. Company Monday night that could It would also provide a wall along John Ferring was even more vo- have netted the city as much as Tuskawilla Road near the west end of cal, calling the proposal"an insult" $330,000 in improvements. It also Winter Springs Boulevard and along and saying it was only fit to be thrown would have curtailed ongoing legal the front of the Oak Forest subdivi- in the garbage, battles between Winter Springs and sion.The idea is to make Tuskawilla He also said the release of the Oviedo over a proposed mall access look more like a closed community proposal last Friday afternoon,just road. than a short-cut. one working day before the commis- The road in question loops Another concession is the rout- sion meeting, left the panel without around the 1,2 million square foot ing of the connector d rectly to SR 426 much time to consider it.He said the Marketplace at Oviedo Crossing mall, rather than to Winter Springs Boule- move looked like an attempt to polar- linking Red Bug Lake Road and Win- yard.More support has been evident ize the community. ter Springs Boulevard. Tuskawilla in the community for that option than Followingthevote to schedule an residents are afraid the road will in- for other road plans,although prelimi- executive session, several residents crease traffic through their neighbor- nary traffic studies for that scenario offered their views. hoods. show a higher rate of cut-through oaf- Diane Back,a resident of Chelsea After months of relentless argu- tic. Woods,said that over the past months, ing, each city has filed lawsuits The plan will be considered in a as she has become aware of the against the other closed executive session Monday project,her views have changed from The proposal would provide land- night before being put on a public "no connector"to"no mall." scaping and private entrances lead- agenda, although the two comnus- • "The real problems will not go ing into the Chelsea Woods section sioners whose homes are in away just because we are walled in 950302 Mall offer Continued from Page 1 tend Monday's meeting. "The[commission]meeting was not a negotiating session,"said Tom Morgan of A.Duda and Sons,parent company of Viera. "We wanted to make an offer,not upset anyone." The proposal came out of discus- sions between Viera and Rouse in which they felt it would be more pro- ductive to take the money currently earmarked for legal fees and invest it in something tangible in the city of Winter Springs instead. The document was delivered to Winter Springs City Hall around noon on Friday and was available to com- missioners and staff shortly after that lime. City Attorney Frank Kruppenbacher received his copy via fax around 3:30 p.m. Neither he nor the city partici- pated in preparing the proposal or had any input on the terms,he told com- missioners Monday. Tom Morgan said he feels that every effort has been made to accom- modate Winter Springs, but that the city is unwilling to negotiate. ' "This is the last one,"he added. "If this doesn't work out, we'll start lining lawyers'pockets." 61,50 goo? Neighbor cities wrangle over mall ❑Winter Springs has Oviedo City Manager Gene Willi- filed a lawsuit against ford said Tuesday' that Oviedo will hold off on filing its condemnation Oviedo,but officials hope suit until after the meeting. to forge a compromise. "The agreement the other night P was that we would try to resolve it By Beth Taylor [the dispute] before anybody took any further action,"Williford said. OF THE SENTINEL STAFF Seminole County officials have said approval of the mall will be SANFORD—Winter Springs has contingent on the entrance road.A filed a lawsuit against Oviedo try- court battle could mean a lengthy ing to derail its neighbor's plans for delay for the 1.2 million-square-foot an access mad to a proposed shop- mall,which developers hope to start ping malL building this spring. But the cities agreed last week to Both Williford and Winter Springs delay any court proceedings while attorney Frank Rruppenbacher said their lawyers, planners and city they are optimistic about resolving managers try to hammer out a com- the conflict. promise. That group plans to hold several meetings,the fast at 3 p.m. today. The two commissions will meet on Jan. 25 in Oviedo to dis- cuss possible solutions. Winter Springs has refused to give Oviedo the land it needs to pro- vide access to the mall from Winter Springs Boulevard. That prompted Oviedo to announce it would sue to condemn the property, part of a conservation easement along Winter Springs Boulevard from Tuscawilla in Winter Springs to State Road 426 in Oviedo. But Winter Springs beat Oviedo to the punch with its suit, which claims that the access road would increase traffic in nearby subdivi- sions. The city fears cut-through traffic would disrupt the Tuscawllla community. The suit also names r� the mall's developers,The Vim Co. and Rouse-Orlando Inc., as defen- dants. $ 1 million payoff ignites new lawsuit BY DARRELL JOHNSON will keep mall traffic out of Snirr REPORTER or THE OVIEan VOICE Tuskawilla neighborhoods. Winter In separate actions Monday night Springs police will be allowed to pa- Oviedo and Winter Springs accepted trol a short section of Winter Springs an agreement hat could clear the way Boulevard which is inside Oviedo city for construction to proceed on the pm- limits. posed Marketplace at Oviedo Cross- Oviedo Police Chief Dennis ing mall. In addition, it will almost Peterson said his department does not certainly save both cities up to have a problem with the interlocal $100,000 in legal expenses. agreement"as long as they(the Win- The way was cleared when Win- ter Springs police assigned there) ter Springs commissioners accepted meet Oviedo's standards." a $1 million offer from the mall de- Tom McCarthy, who has spent veloper to cease its attempt to block months pitching the mall on behalf approval of a connecting road that of Viera, told the audience, "I think would cross a city easement. all parties are well served by the agree- The offer brought an immediate ment. We were not trying to insult, protest from some Winter Springs bypass or go around the city(by mak- residents,who filed suit in Seminole ing the proposal to Winter Springs). Circuit Court to bar the agreement. We were trying to instigate,move on Oviedo and Winter Springs had the process, and finish it, and I recently filed lawsuits against each stated...that obviously the city of other over a conservation easement Oviedo is a party to that,and anything blocking a vital connecting road be- that was done would have to come tween Red Bug Lake Road and Win- back to the city for approval, which ter Springs Boulevard. happened tonight. The proposal was tendered by "We're very pleased," he added. The Rouse Co. and the Vera Co., "On to the next city." planner and landowner of the project, Things were not going as well in respectively, in an effort to get the the next city,however.More than 200 towns to drop their lawsuits and al- angry Tuskawilla residents packed the low planning and permitting of the Winter Springs commission chamber mall project to get underway. and spilled out into the lobby. In Oviedo, City Manager Gene Many were holding signs, the Williford told the crowd, "This has primary message being variations on been a tedious,ongoing process.I feel "I'm worth more than $1,000,000" it's a good document." and"$1,000,000 is an Indecent Pro- Qs.a 1,23 Rouse and Viera will pay the city posal." of Winter Springs $1 million when Homeowners expressed dismay the mall is opened. The agreement over the observation that a month ago also provides for a road design which Continued on Page 3 Winter Springs' acceptance of $1 million payment sparks protest Continued from Page 1 commissioners said the$330,000 of- the mall."Moti doesn't represent the feron.lbs--table.afthe time was an in-- majority of the residents of suit, while they were swooning Tuskawilla,"he said."You(the corn- over S1,000,000. mission)deserve a gold star for stand- That assessment may not have ing up to all these people." been fair, however. City Attorney His comments were met with a Frank Kmppenbacher told the group round of booing. that the chances of winning either of After the vote,in which the pro- the lawsuits was no better than 50 posal was accepted unanimously, percent. Commissioner David McLeod said he Resident Michael Blake wanted has had many calls from residents to take the risk. Twisting a popular who wanted the mall. clichd, he told commissioners, "Fool Tom Morgan of A.Duda&Sons, me once,shame on me.Fool me twice, parent company of Viera, said, "I shame on all of you." think it's the smartest thing that any- CommissionerJohn Ferring,who body could have done. Now that the bad once been one of the more vocal two cities have resolved their differ- critics of the mall connector, admit- ences and the lawsuits have gone ted that the current offer was too good away,well,everybody wins." to pass up,considering the risks. Oviedo Crossing will be a 1.2 "If you win, you're a hero," he million square foot regional shopping said, "and if you lose,you lose con- mall containing five large anchor trol of your destiny." stores and 150 specialty shops.It will Tuskawilla resident Kelly occupy land behind the existing Tar-, Smallwood asked everyone in the get store near the intersection of Red building who opposed the mall to clap Bug Lake Road and the Greene Way. their hands.Following a thunderous The project will be reviewed by ovation, she announced, "You, com- the Seminole County Commission missioners, were elected by us. You next week.Tentative approval has al- ire selling us out. I for one am very ready been given by the county plan- lisappointed." ning and zoning board. Barbara Mitchell added that Oviedo Voice staff reporter fimo- 'Duda.and Rouse should get deter- thyAllen Conklin contributed to this tion and Saturday school for their story shameless shoving and pushing." Moti KhemIani,president of the Fuskawilla Homeowners Association and the man who spearheaded efforts to stop the mall, asked the commis- 9 3 D 3 .R 3 sion not to sell the community out for 61 million. 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N O 9 N O a W - C It o m FN E E ° u C 002L > m 'vc U ° a ,5 r v d o U r- v 5 » 3 o a i c > N 0 oP. owa 8 v E a° 'a rur. 5 c051L '" n5 e V ;, > SU 0 § 000 vsmd ', » $ 5 Cl) g E ° u 0 u > .5 > , s g a Judge dismisses 2 suits in Oviedo mall controversy By Will Wellona Co.'s right to seek attorneys' fees OF ieE SENTINEL STAFF and other costs in the suits. The ruling does not stop The Rouse • Co. from filing a new suit against . SANFORD — A Seminole cir- Waterford Lakes, Tuscawilla or suit judge on Friday dismissed their attorneys. two suits involving the proposed Two other legal challenges re- Oviedo mall. main. The ruling will not affect Judge Seymour Benson dis- the start of construction for the missed a suit by the Tuscawilla 800,000-square-foot Marketplace at Homeowners Association that Oviedo Crossing. claimed Seminole County and This has no impact," said Oviedo did not follow their growth Rouse project manager Mike Bry- plan when they approved the mall ant. "We are looking to break along Red Bug Lake Road last ground in August,if not sooner." September. Tuscawilla and the Rouse's countersuit led to the rev- governments wanted to drop the elation earlier this week that owners suit. of a rival mall site in Orange County Benson also dismissed a coun- — Waterford Lakes Property Hold- tersuit by the mall builder, The ing Group — secretly funded the Rouse Co.,that claimed the home- homeowners' opposition to the owners association conspired with Oviedo mall for nearly a year. another party to fund mall opposi- T uscawilla attorney Chip Turner tion. said Benson "restored order" by The judge reserved The Rouse dismissing the counterclaim.