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Osceola County Proposes Development Moratorium Of Three To Six Months To Implement Changes To Land Use Standards

October 19, 2017

On Monday, October 16, 2017, the Osceola County Board of County Commissioners voted (4-1) to direct County staff to draft a moratorium ordinance that would postpone County approval of new development applications for three to six months to allow the County staff time to revise the County’s land use standards. The moratorium would apply to any development application not already on the County Planning Commission meeting agenda for November 2, 2017 (however, the County Commission did discuss certain exceptions for applications regarding a natural resources amendment or qualified targeted industry project).

Changes to the County’s land use standards discussed by the County Commission include (i) implementing more restrictive building and street design standards; (ii) requiring County Commission approval for additional types of projects (such as site plans and noise ordinances); (iii) requiring time restrictions for large, mixed use developments; (iv) increasing mobility fees; (v) requiring up-front payment of mobility and impact fees; and (vi) creating additional sustainability standards (such as requiring solar panels).

A public hearing on the proposed moratorium will be held on Monday, November 6, 2017.

For the Osceola County Board of Commissioners’ entire discussion of the moratorium, see the following video, beginning at 54:38 – http://www.osceola.org/events/2059028-bcc-meeting.stml


Rebecca

Becky  Wilson is chair of the firm's Land Use, Zoning and Environmental Group. She represents property owners, developers, lenders and other development participants with issues related to zoning, comprehensive plans, concurrency, administrative law, Developments of Regional Impact (DRI’s), procurement issues, due diligence and property rights.


As early as 6th grade, Becky Wilson advocated for the causes she believed in. Her concern about nuclear waste and water contamination in her hometown of Dothan, Alabama – and her thorough research – promoted her to press a state legislator with questions in the school auditorium. Having grown up in the south, Becky got in trouble for questioning authority – yet that life experience served her well.

After clerking for a federal judge in Washington, D.C., Becky landed in Orlando, quickly building a reputation at Lowndes for being thorough, outspoken, and a tireless advocate for clients. She ultimately found her niche in land use, collaborating with architects, transportation engineers and local governments to move her clients’ projects – and Central Florida – forward. Becky became one of the youngest female shareholders at the firm. Today, she is Chair of the Land Use, Zoning and Environmental Group.

Her clients include property owners, developers, lenders and other participants in the development of high-rise, hotels, planned communities, large “power-centers,” mixed-use projects, office buildings and big box commercial projects, projects within historic districts, multi-family developments, senior living, and affordable housing. Becky works closely with the local government entities to address the needs of her clients related to zoning, comprehensive plans, concurrency, administrative lawDevelopments of Regional Impact (DRI’s), procurement issues, due diligence, and property rights.

Undoubtedly, Becky’s diligence, activism and southern charm were responsible in part for her recent appointment as chair of the Urban Land Institute (ULI) of Central Florida District Council, a global multidisciplinary real estate organization with more than 40,000 members dedicated to the responsible use of land, and creating and sustaining thriving communities.

Gary

With more than 30 years of experience in real estate law, including over 20 years as a Board-certified expert in the field, Gary Kaleita has acquired the ability to navigate the complexities of sophisticated real estate deals with relative ease.


Gary has a wide variety of experience in real estate development, finance and transactions, condominiums, property owners’ associations, commercial leasing, commercial lending, and title insurance.

Gary enjoys a reputation for anticipating and avoiding problems, rather than merely reacting to them. He has years of experience handling purchases, sales and financings of commercial and residential projects, including office, industrial, retail, multi-family, single-family, condominium, resort, hotel and golf course properties. Gary has prepared and negotiated contracts for sale and purchase, performed due diligence investigations, and handled all aspects of closings, including issuance of title insurance and legal opinions. He has also performed tax free exchanges (both forward and reverse) under Section 1031 of the Internal Revenue Code, and has handled closings for housing revenue bond financing transactions with the Florida Housing Finance Corporation and various local housing finance authorities.

In the area of real estate development, Gary has assisted developers in obtaining land use approvals, plat approvals and permits for various developments from a number of jurisdictions in Central Florida, including planned developments (PD’s) and Developments of Regional Impact (DRI’s). He has drafted and negotiated complex land use documents, including development agreements, cost-sharing agreements, declarations of covenants, conditions, restrictions and easements. He also has experience in mall and shopping center developments, including outparcels, and has assisted developers with the selection, formation and operation of business entities, including commercial and residential property owners associations. He has extensive experience with the formation and operation of both commercial and residential condominiums as well.

In addition, Gary has established somewhat of a boutique practice by acting as local counsel to help out-of-state lenders, investors and law firms navigate the complexities of Florida real estate law. He is frequently engaged by large national and international law firms needing assistance on a variety of issues for their clients doing business in Florida. Gary regularly provides advice on Florida law and custom pertaining to purchase and sale contracts as well as loan documents, addresses local due diligence issues, answers questions involving titles, surveys and title insurance, and provides Florida legal opinions.

Not just another real estate lawyer, before pursuing his career in law Gary served as a U.S. Naval officer on active duty for 4 years in the Mediterranean Sea, first with a patrol gunboat squadron in Italy and then at a communications station in Greece. During this period he traveled extensively throughout Europe, the Middle East and North Africa. He believes his military experience is the source of the practical approach he has developed to problem solving.

Gary also took the initiative, after a homeowner in his own neighborhood was mauled by a Florida black bear in 2013, of researching what his homeowners’ association could do to limit the likelihood of future attacks. In the process, he became an expert in the subject of “bear-wise” communities and drafted a policy that his own homeowners’ association adopted, thereby becoming the first residential community to be officially recognized as bear-wise by the Florida Fish and Wildlife Conservation Commission (FWC). He has since written and spoken extensively on this subject, serves on the FWC’s Central Bear Management Unit Stakeholder Group, and has become a resource for FWC to educate other communities on the importance of bear-wise practices in areas of Florida containing black bear habitat.

Gary focuses on finding pragmatic solutions to complex problems, recognizing that clients want sensible and realistic advice in a timely manner so they can go about their business.

Chambers USA (2015)* reports that Gary has substantial experience acting as lender’s counsel and is acclaimed by market sources as an “extremely responsive, very practical and reasonable” practitioner.


*We make no guarantees or promises that the reader will realize the same or similar results

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