An Update

On July 21st, 2023 we posted on the Preserve Plantation blog a Petition for Request and Reconsideration of the Special Area Plan—SAPFY2023—0001. Submitted on July 20th, 2023 by our Attorney Mr. David Leroy, our desire is to clear up ambiguities and thus create clarity in the directive document made pursuant to The City Council of Garden City Vote on July 10th, 2023.

Accuracy and precision in the directive serve the best interest of all parties as we move forward.

We are again thankful and grateful for the concern and attention that The City Council gave to the neighbor’s requests and that was reflected by their vote and the directions they gave to the Garden City Attorney. We are again grateful to the developer and to Mr. Gustafson in the way they have reacted constructively to our concerns. The several ambiguities between the directives given by The Council and the final decision document can be reviewed on here where the video of the June 26th, 2023 council meeting, debate and vote, are posted along with the final directive document.

If the appropriate asked for changes are made, judicial review regarding this particular (SAP) Code adaption will not be required. The Garden City Council and Attorney have several options about how they will react to our request, and we look forward to congenial and constructive discussions regarding the reconciliation that will allow the final rule to reflect the initial vote and intentions of The Council.

Issues regarding The Master Declaration Contract (MDC) are anticipated to be resolved soon.

The issue of the Special Area Permit (SAP) conforming to the State Special Use Permit (SUP) Statue needs to be clarified and several cases are proceeding in other locals that will be helpful to our situation. By agreeing to the new (SAP) placed into City Code and that will be utilized for The River Club project, does not mean that we agree that the same (SAP) could be used to metastasize the project into an existing neighborhood.

We plan to remain vigilant and we will continue to protect the homes of our neighbors; always being cognizant of any “stretching” of the new Code and existing Covenants.