S-19 Mediation Terminated: Facing Litigation, Revised Proposal Punted to BCC for 10/11/22 Decision On 2/9/22 Stock Development, LLC submitted a “Request for Relief" to the Pasco Board of County Commissioners (BCC) under the “Florida Land Use and Environmental Dispute Resolution Act” (F.S. 70.51). It requested Mediation of the BCC 1/11/22 denial of their request to build a 320 apartment vertical-mixed-use complex on the Commercial-zoned land next to Sam's Club on SR56 in Wesley Chapel. They also served a “Demand for Preservation of Documents, Electronically Stored Information, and Tangible Evidence” to County Attorney Steinsnyder and Commissioners Moore and Mariano that stated: “Should mediation fail, Stock Development intends to enforce its rights through litigation.” On 9/9/22, Mediation Special Magistrate David Mechanik issued a “Joint Stipulation and Order” stating that: “The mediation concluded without resolution...” The Order also stated that the remainder of the 70.51 proceeding, including the Hearing phase, is not terminated. The Mediation Team is now free to discuss the project publicly but communications with Commissioners are subject to ex parte rules. Alternatives/adjustments to the proposal are still possible, but all Mediation phase communications remain Confidential until the entire 70.51 process is complete. As a result, the County agreed to let the Developer present a revised proposal (settlement offer) to the BCC. According to Chief Assistant County Attorney David Goldstein, “We have agreed that if the BCC approves the revised proposal on October 11th (the Planning and Development Department is recommending approval), it will resolve any claims, including the remainder of the 70.51 proceeding.” However, “If the BCC rejects the offer (i.e. denies the project again), then it is possible the 70.51 process will proceed to the 70.51 hearing phase or possibly litigation.” So, mark your calendars for 1:30 P.M. on October 11, 2022. You can attend the public hearing at the County Courthouse, 2nd Floor Board Room, 37918 Meridian Avenue, Dade City, FL, 33525 either in person or virtually. The rules for Public Comments/WebEx registration can be found at https://www.pascocountyfl.net/814/PublicComment-Options. If you need more than 3 minutes to speak, request additional time from the BCC Chairman (email@example.com, 727-847-8100) at least 24 hours in advance of the hearing. The Developer has already been granted 15 minutes to speak, in addition to 5 minutes of rebuttal time. The revised proposal and Planning Staff memo have not yet been distributed. Absent the new documentation to review/comment on, members of the Wesley Chapel Community might want to: 1. Refamiliarize yourself with the Community’s successful 1/11/22 presentation to the BCC: https://www.sevenoakslife.com/files/Apartments/S-19%2020220111%20final2.pdf. 2. Review the County’s response to the Developer’s Request for Relief: https://campussuitestorage.s3.amazonaws.com/prod/1559073/2116303e-b724-11eb-afb50ef567b29bc3/2382298/1ffd73e8-99a9-11ec-9949-0af3350c642f/file/County%20Response.pdf 3. Contact all of the County Commissioners (especially Ron Oakley) this week to let them know that you still don’t want 320 apartments, 640 vehicles and over 1000 people living in the Sam’s Club shopping center. Tell them what you do want and why. They can be reached at: https://www.pascocountyfl.net/572/County-Commissioners 4. Stay tuned, and remember… “Development is a privilege” not a right. (Trent Meredith, Inc. vs. City of Oxnard, 114 CAL. App. 3d 317 (1981)). Background Commissioners Moore, Mariano and Oakley voted with the community to defeat the proposal which Starkey and Fitzpatrick voted in favor of. The proposal requested multiple exceptions to State and County requirements and would have added at least 640 cars and 1024 residents to local roads. The community's successful rezoning opposition presentation can be found at https://www.sevenoakslife.com/files/Apartments/S-19%2020220111%20final2.pdf. The mediation process is run by an agreed upon Special Magistrate to help the Developer and County try to reach a mutually acceptable solution. For details, go to: https://www.flsenate.gov/Laws/Statutes/2011/70.51. The Developer’s “Request for Relief” can be found at: https://bit.ly/3syvuR1. The “Demand for Preservation of Documents, Electronically Stored Information, and Tangible Evidence” can be found at: https://bit.ly/3szO5w7. The County’s response to the “Request for Relief” can be found at: https://campussuitestorage.s3.amazonaws.com/prod/1559073/2116303e-b724-11eb-afb5-0ef567b29bc3/2382298/1ffd73e8-99a911ec-9949-0af3350c642f/file/County%20Response.pdf The Special Magistrate’s “Joint Stipulation and Order” can be found at: file://PTMI11/Users/pmull/My%20Drive/Joint%20Stipulation%20and%20Order%20of%20Special%20Magistrate-fully%20executed.pdf
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