An update regarding the unfortunate attempt by Grosvenor Square (GS), owner of the Palms Golf Course, to secure a RMF-3 multifamily residence zoning change for the 11 lots bordering Hyde Park Street currently zoned RSF-3 Single Family Residential.
Instead of single family homes being built on these lots, it is clear within the County’s description of the proposed RMF-3 category that, instead, multi-story apartments and condominiums are being proposed.
We share the history of this property between FLCCE HOA and Grosvenor Square (Grosvenor):
As successor, Grosvenor was subject to the terms of an agreement (Covenant and Restriction) with the FLCCE HOA that dated back to 2005 and the first rezone. This agreement was amended in 2014 with the second rezone. Many of you will recall that with the approval of at least 75% of our residents, with the clear understanding that the golf course would remain a golf course or open space, and that the property currently being proposed for rezone would exist as 11 single family lots, as codified in the First Amendment, is what allowed for the sale of approximately 25% of GS’s land, for approximately $5.8 million dollars, (this is now the Enclave). Within both the original Covenant and the First Amendment, the area that is the subject of the current (3rd) rezone was identified as 11 single family lots.
The legal Covenant to which Grosvenor agreed in 2014 clearly identifies the “11 lots for detached single-family Homes”, RSF-1. As a result of the good will of our residents, Grosvenor has a legal and binding agreement (First Amendment to the Covenant and Restriction) with the FLCCE HOA, and yet they did not contact the HOA regarding this rezone. After thorough legal review and consult, note the Attorney’s validation of this belief with the response sent on our behalf: “The proposed Land Use Amendment and Rezoning for the approximately 2.77-acre site, which is the subject of the workshop, is in clear violation of recorded Covenant and Restrictions between the Association and Grosvenor Square Capital, LLC “Grosvenor”. The Association requests that the proposed Land Use Amendment and Rezoning be immediately withdrawn.”
Finally, though we make this demand, we realize Grosvenor’s response is unknown. Therefore, we must continue with the gathering of signatures to make certain that decision makers are aware of the stance of the residents on this critical issue. Equally important is your participation in the public workshop Wednesday April 26. If there is a change or cancellation of this workshop, we will let you know.
Finally, we feel our HOA Attorney’s remarks regarding this action committed by Grosvenor, says it best.
“It is unfortunate that Grosvenor has failed by its current land use change proposal to recognize the Covenants and Restrictions recorded in the Official Records. Grosvenor has failed to gain the approval of the Association for that change as required by the Covenant consistent with its Paragraph 11 and First Amendment to Covenant and Restriction, Recital K. This request is unsupportable under the constraints and conditions of the Covenants and Restrictions and the Amendment.”
Residents have expressed great concern to the HOA. Here are multiple opportunities for you (owner or tenant) to express your voice:
1) Signatures are being secured on a petition stating opposition to this rezone. Ambassadors, Board members and active residents will be stopping by your home during the next few days.
2) Participate via Zoom link in the Neighborhood Workshop for which you received a notice. Our Attorney has requested that the application be withdrawn, however if they do not comply it is essential for each resident to participate in the Zoom meeting. As the link on the notice is long, for easier access we are providing a link to the county page where the Zoom link is posted.
Please attend this Zoom Workshop on Wednesday night April 26 at 6:00 pm. - click the link below for the meeting:
Virtual meeting link
Many of you continue to ask how you can support the HOA in this matter. We would ask that you pledge your support through the $100.00 annual membership dues to preserve and protect Forest Lakes from this ongoing affront.
Go to flccehoa.com and press the 'Renew My Membership' button or mail a check for $100 payable to 'FLCCE HOA' to: FLCCE HOA, P.O. Box 25041, Sarasota, FL, 34277. If you wish to pay cash, email flccehoa@gmail.com and we will make arrangements to pick up your payment. Donations are also accepted.
Regards,
FLCCE HOA
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