The drawings, provided below, come nine months after a controversial process that culminated with a decision by the City Commission to allow the owner, Barton Tuck, to move forward with a redevelopment plan.

Back in April, TR reported that permits for the residential development would be in hand by January 1, 2018 and by the end of 2018 the first homes would be built and the clubhouse construction would be near completion.

We hope to have more information on the timing of the redevelopment in the near future.

The drawing below shows the relocation of the driving range and the moving of the 18th green. It appears the pool will remain in the same location and a new tennis, snack bar, and bathroom facility will be added.

The new clubhouse will be located where the current locker room and 19th hole restaurant currently reside.

The floor plan of the two story clubhouse shows a ballroom with seating for 200, a kitchen and an outdoor patio upstairs.

The lower level contains the golf shop, a fitness center/room, locker rooms and an eating area.

The letter comes after a bruising fight over a redevelopment proposal that was recently passed by the city commission after significant modifications. Despite design modifications to the proposal, a number of residents fought the initiative up to the final vote.

During the final hearing, city commissioners and residents talked about the personal toll the two year process took on friends that found themselves on opposite sides of the issue. Tuck’s letter is an obvious attempt to begin a healing process.

Tuck also addressed the immediate future of the club. He told members to expect few noticeable changes until “we get designs for the temporary clubhouse and the NEW clubhouse, as well as permitting from the city to build both.”

Tuck informed the members he had met with designers to move forward with a conceptual plans for a clubhouse and that it is “now time to make final decisions so the building plans can go forward. I will keep you informed as progress is made. We have quotes for demolition of the building and for the development of the temporary clubhouse.”

Also, Tuck said that club “will be doing several membership drives over the next several months and we ask for your continued support. Later this year we will put caps on the maximum numbers of members by category. I look forward to the day we have the best club in Tallahassee and a waiting list for memberships.”

TR has previously reported a timeline for the residential development here.

JT Burnette, the developer of the project, told TR that permits for the residential development should be in hand by January 1, 2018 and the construction of the infrastructure for the residential development will begin and should be completed in approximately 10 months.

Based on this timing, the first homes would be built by the end of 2018 and the clubhouse construction should be near completion.

The sale is contingent on a number of parameters, which includes a rezoning of the property to allow for residential development.

The current rezoning application, submitted by Killearn Country Club owner Barton Tuck,  seeks an urban development designation that allows for 10 units/acre.

However, Burnette told TR that his plans are to develop an over 55 deed restricted community with approximately 135 units – this is about 4 units/acre.

The City Commission is scheduled to take up the issue on April 4th. The Planning Commission recommended denial of the original application in a 3-2 vote earlier this year.

There have been reports that Mr. Tuck was considering an elder care unit for the development. However, Burnette’s proposal includes only residential properties.

The lay out of the new homes attempts to address a major concern for the homeowners that will border the development by providing a minimum 125 foot buffer.

“I am a local guy. This project needs to look like Killearn Estates single family homes with greenways protecting the existing homeowners not a three story 300 unit apartment complex. I want to do what I can do make the club work given the current financial realities. I am not responsible for where the situation is now, but I think I can help move things forward in a positive way”, said Burnette.

Burnette told TR that the success of his project is tied to the construction of a new club house with amenities that will help the Killearn Country Club be successful.

“I am committed to using my own resources if required, to ensure Mr. Tuck facilitates his obligations with the construction of a new club house that meets the high standards of Killearn Estates,” said Burnette.

Mr. Burnette, who is probably best known for his purchase, re-development, and selling of Hotel Duval, has a number of business interests in Tallahassee. He has owned restaurants, mixed-use developments and was the force behind the downtown Gateway building.

Check back for updates.

The meeting was attended by approximately 30 people and took place in a home that is on the “North Nine” golf course that Mr. Tuck is seeking to be rezoned. The rezoning, if approved, would allow for a residential development with approximately 10 units per acre.

The City Commission is scheduled to vote on the rezoning application on April 4. The Planning Commission voted earlier to recommend denial.

Mayor Gillum tweeted:

TY to #Killearn residents for inviting us to an important neighborhood discussion tonight & for making your voices heard!

The Gillum meeting follows a similar get-together with Commissioner Gil Ziffer. A future meeting is planned with City Commissioner Curtis Richardson.

City Commissioners are being lobbied hard over the controversial re-development proposal by both sides of the issue.

Sources tell Tallahassee Reports that City Commissioners do not look forward to the vote and are hoping for a negotiation between the parties that will make a decision less controversial.

Tallahassee Reports confirmed today that talks between the Killearn Home Owners Association are continuing with Mr. Tuck, but no details about the discussions were available.

However, there appears to be no discussion taking place between Mr. Tuck and the Killearn Estates residents most affected by the redevelopment proposal.

What was proposed was a business decision by a business owner to hopefully refurbish and revitalize an entity that was in desperate need of an infusion of energy and cash.  Closing down a portion of the business (the North course) in order to have the capital to invest in the infrastructure and amenities of KCC as a whole has been met with a myriad of lawsuits, legal wrangling, judgments,  meetings and, unfortunately, neighbors against neighbors.

The judicial ruling that the North be allowed to close is done.  There is no going back.  While a minority of people, whether Killearn residents and/or Killearn CC members have sought many means with which to block Mr. Tuck’s plans.The vast majority of those same constituents approve of the plans and want them to be implemented.  This has been demonstrated by surveys and polls taken since 2014.

There have been many mailers from a group known as Preserve Killearn that have had demonstrably false and inflammatory statements especially relating to home values.  Home values have not gone down in Killearn Estates but very well may if this matter is not settled and soon.  This same very vocal minority, with cheering and booing, persuaded the City Planning Commission to vote 3-2 against the rezoning necessary for Mr. Tuck to proceed; whether this will influence the City Commissioners is unknown.

If Mr. Tuck is not able to go forward, what will happen to KCC and the whole of Killearn Estates?  Anyone who understands simple business practices can readily see that it is not in Mr. Tuck’s interest to pour more revenue into KCC for the next 4 years until his financial obligation ends.  At that time it will no longer be a matter of what is best for KCC or Killearn Estates as a whole, but what will be the best business decision.  after all, this is a business.  The opponents of Mr. Tuck need to be thinking of the big picture and how it will affect the community as a whole; not merely of their own personal issues.

When looking at a map of Tallahassee, it is apparent KCC is the crown jewel of Killearn Estates. It is the centerpiece of the neighborhood.  If it no longer exists, there will be streets instead of fairways and traffic that will make today’s concerns seem small.  With the opening of Welaunee to the east of Killearn, residents need to be aware of competing with new construction when selling their homes.  There is no contest.  New homes win every time.  However, since Welaunee does not have a golf course in its plan, Killearn can be a magnet for revitalization.

A part of Mr. Tuck’s plan includes a gated community for mature adults.  There is a desperate need for this type of neighborhood in Tallahassee. Killearn Estates in general would benefit and this infusion of new neighbors would be a positive and much needed step forward for Tallahassee.

This does not need to be a win or lose proposition.  Everyone can benefit from a plan that means Killearn Golf and Country Club has new and better amenities. It is disheartening, however, to see the vast amount of time, energy and money that has been utilized by both the opponents and the proponents in this matter, especially the time factor.  What a waste.

Sharon Mears has been a full-time realtor in Tallahassee for over 13 years.

The “North Nine” was recently closed by the owner of the golf course, Barton Tuck, who cited a lack of play and operation expenses as the reason for the decision.

Of the 3,727 surveys sent, approximately 19% were returned with answers to four questions.

The answers to the questions show that 77% of the respondents prefer the KHA to engage in mediation with the golf course owner with regards to future re-development.

Approximately 53% of the respondents encouraged the KHA to explore purchasing the golf course.

Respondents in overwhelming majorities did not want the KHA to participate in a trial and did not want the KHA to stop all involvement.

The City of Tallahassee Planning Commission is scheduled take up the rezoning application of Mr. Tuck on February 7th at 6:00 pm in the City Commission Chambers.

KHA Survey Questions

Approximately 77% of the those who responded answered YES to the the following question:

Would you like to see KHA to continue to engage with mediation discussions with Mr. Tuck to explore the possibility of resolution before trial? Resolution would require KHA to agree not to oppose, in concept, the closing of the North Nine and some development of the golf course property.

Approximately 53% of the those who responded answered YES to the the following question:

Would you support KHA exploring the purchase of the golf course on behalf of all homeowners?

Approximately 65% of the those who responded answered NO to the the following question:

Would like to see KHA participate in a trial and pursue claims related to the recorded plats and promises made by the developer?

Approximately 82% of the those who responded answered NO to the the following question:

Would you like KHA to stop all involvement and allow the homeowners to resolve their dispute independently?

The full report can be read here.

Part of the request includes changing the zoning of approximately 35 acres from Residential Preservation to Urban Residential.

What is Urban Residential and what kind of development is allowed with such designation?

TR researched the City of Tallahassee Land Code.The following applies to the R-4 Urban Residential District:

District Intent

The R-4 district is intended to be located in areas designated urban residential, urban residential 2 or suburban on the future land use map of the comprehensive plan which contain or are anticipated to contain a wide range of single-family, two-family, and multi-family housing types. The maximum gross density allowed for new residential development in the R-4 district is ten dwelling units per acre, with a minimum gross density of four dwelling units per acre when applied to the urban residential future land use category, unless constraints of concurrency or preservation and/or conservation features preclude the attainment of the minimum densities.

R-4 districts are intended to achieve densities consistent with urban development and to promote infill development. Certain community and recreational facilities related to residential uses are also permitted. This district may serve as a transition between low density residential and higher density residential, office development, collector and arterial streets. The district is not intended to be applied within the interior of an existing development. Non-residential uses shall be compatible in scale and design with adjoining residential neighborhoods. Development standards for properties located within the MMTD are established within Division 4 of this Code.

Principal Uses

1. Community facilities related to residential uses including religious facilities, police/fire stations, and elementary, middle, and high schools. Libraries and vocational schools are prohibited. Other community facilities may be allowed in accordance with section 10-413.

2. Golf courses.

3. Multiple-family dwellings.

4. Nursing homes and other residential care facilities.

5. Passive and active recreational facilities.

6. Rooming houses.

7.Single-family attached dwellings.

8. Single-family detached dwellings.

9. Two-family dwellings.

10. Zero-lot line single-family detached dwellings.

Of particular note above is number 4,  the allowance for residential care facilities. TR has previously reported that Mr. Tuck was considering an assisted living project on the property. See our report here.

A public open house addressing the proposed change will be held on November 17th at 5:30 p.m. on the 2nd floor of the Renaissance Center, 435 North Macomb Street.

The requested amendment changes the zoning designation of five areas of the Killearn Golf and Country Club from Recreation/Open Space to Urban Residential and Residential.

The Urban residential designation allows for single-family houses, townhomes, and multifamily dwellings at a maximum density of 10 units per acre. This area is shown in the map below as Site E and  is best described as what was formerly known as the North Course holes 7, 8, & 9 and the current driving range.

The Residential Preservation designation allows for single-family houses, townhomes, and duplexes at a maximum density of 6 unites per acre. This area is shown in the map below as sites A, B, C, and D. The areas area best described as what was formerly known as North Course # 1 green, #2 tee box, #3 green, and #4 tee box. holes 7, 8, & 9 and the current driving range.

The rezoning impacts approximately 41 acres.

The rezoning application is the next step in the continuing controversy over the proposed redevelopment of the Killearn Country Club that began with legal actions by homeowners that resided on the North Course after the club owner announced his intentions.

The notices of the requested rezoning amendment, which were sent to homes located within approximately 1,000 feet of the subject property, indicate that the first informational meeting will take place on Thursday November 17th at 5:30 pm at the Renaissance Center located at 435 North Macomb Street.

The rezoning amendment raises several questions.

First, does the proposed zoning for Site E allow for apartments and/or the assisted living uses that were recently being considered by the property owner? Our story on that subject can be read here.

Second, will the main entrance to the club from Shamrock remain open?

And third, will the change in the zoning be contingent on specific improvements to the Killearn Country Club property? The notice states the applicant “is requesting this amendment to help finance improvements to Killearn Golf and Country Club.”

In a letter to members, Mr. Tuck said that he filed an amendment to the restrictive covenant of the golf course  which extended protection of the original 18 hole golf course by 40 years.

The filed covenant can be seen  here.

View other reports on Killean Country Club issue here.

In the letter, Mr. Tuck wrote:

You may recall back in October, I stated that we would create a new covenant in the event we closed the North course. On January 11, 2016 the North course officially closed and true to my word we filed the new covenant last week.

I hope you will be pleased to know that in the new covenant we pushed back the closure date of the course from 2021 to 2061 – Killearn’s golfing future is secured.

In addition, Mr. Tuck writes in his letter to members that he included in language in the amendment to spend any “net proceeds” from the development of any land on improvements to the club.

Mr. Tuck wrote:

The covenant went farther though and in it requires us to reinvest all sales proceeds from any sale of the North property back into the club.

The full letter is included at the end of this report.

Beyond the closure of the “narrows”, there has been much controversy over the future of the club. Many have questioned Mr. Tuck’s plans and were concerned that promised improvements would not be realized.

In addition, those who live on the original 18 holes were concerned that in 2021 the course would be closed and sold for development.

The amendment filed by Mr. Tuck is consistent with his statements about the future of club.

However, a number of questions remain.

First, the closure of the north nine holes is still in court and a trial is pending?

Second, the specifics of a proposed development are unknown?

And third, what are the legal ramifications of the amendment to the restrictive covenants?

TR is researching the answers to these questions.

Dear Members,

I am happy to share some good news with you.

Over the past year there has been much talk and speculation about the future of Killearn Country Club.  Some of it has been accurate.  Much of it not.  I have steadfastly maintained I am committed to improving Killearn Country Club and that Killearn should remain a golfing community.

You may recall back in October, I stated that we would create a new covenant in the event we closed the North course.  On January 11, 2016 the North course officially closed and true to my word we filed the new covenant last week.

I hope you will be pleased to know that in the new covenant we pushed back the closure date of the course from 2021 to 2061 – Killearn’s golfing future is secured.  The covenant went farther though and in it requires us to reinvest all sales proceeds from any sale of the North property back into the club.

I know many of you are eager to see improvements and changes at the course and clubhouse.  I am too.  This action puts us on the path to do exactly that and I’m excited about what the future holds.

We will have copies of the covenant available at the clubhouse to those who want them.  Please feel free to reach out to me or my General Manager, Lori Wilkey with any additional questions.

Sincerely,

N. Barton Tuck

Judge Dempsey wrote, “there has been significant change in the facts since the Injunction was entered and further finds that the Plaintiff no longer has a substantial likelihood of success on the waiver claim that was before Judge Hankinson.” The complete order can read here.

The ruling, which was formalized on December 29th, 2015, means that Mr. Tuck no longer has to maintain the “North Course”.

On January 12, 2016, in a letter to country club members, Mr. Tuck announced the closing of the North Course.

Mr. Tuck wrote, “I am very pleased to announce that after over a year in court battles we will be closing the North Course.”

He added, “Moving forward, for Killearn to truly win and be a private club we all can be proud of, we will need everyone’s support when we file the redevelopment plan for rezoning…We hope to start providing you with more information as it comes available.”

The full letter can be read here.

Also, on January 8th, 2016, Ms. Claire Duchemin, the lawyer representing a number of Killearn homeowners, notified interested parties that her clients were ending their legal fight. She wrote;

As you know, on December 16, 2015, Judge Dempsey dissolved the injunction that had been forcing Mr. Tuck to “maintain” the north nine holes of the golf course.  The written order was entered by the court on December 29^th.  After much discussion with fellow like-minded members of the club, and after much consideration of the impacts on all of us as residents along the north course, I have decided not to appeal the judge’s decision or even seek rehearing on the decision.  In fact, I am going to dismiss my separate lawsuit and focus my efforts to defeat this travesty on the issues in the class action suit and on the growth management and land use aspects of this case.

While there are still legal claims in court, it appears that the parameters of the proposed redevelopment for Killearn Country Club will ultimately be resolved through the political process of rezoning.

TR will have more on the players and potential outcomes of such a process in the near future.

The ruling removes an injunction that was put in place to protect the golf course while the legal process unfolded.

Read past reports on this subject here and here.

Judge Dempsey ruled that Tuck had substantially followed the covenant restrictions and no longer is required to maintain the North nine holes.

Tuck’s redevelopment plan calls for a “green area” for six of the holes of the North course and some type of development on the remaining land.

Tallahassee Reports was told that the ruling does not determine the outcome of the case, which is still set for a jury trial next year.

In addition, TR was told that a new judge will be appointed to preside over the case beginning in January. This will be the third judge to preside over the case since the initiation of the lawsuit.

However, another issue will surely come up at the hearing.

One of the central issues in the dispute, is the interpretation of a covenant restriction that allows for members of the club to purchase the golf course if the owner chooses to close any of the golf course.

Read past reports on this subject here and here.

The debate revolves around the question of whether the purchase language in the covenant refers to the will of the  “majority of club members” or “any members.”

Mr. Tuck has interpreted the language to mean that any decision on a purchase must be supported a majority of club members.

In preparation for the hearing, Ms. Claire Duchemin, attorney for the plantiff,  scheduled a deposition of J.T. Williams, the former developer of Killearn Estates and one of the authors of the covenant language.

The deposition took place a little over six weeks ago, on November 2, 2015 near Atlanta, Georgia.

When asked the intent of the covenant language by Ms. Duchemin,  Mr. Williams said;

“…  it was to give — in case we or any subsequent owner of the golf property would be — it would have to give the members, or so many of the members that wanted to, to purchase the golf — well, what I’d call the golf property…”

When asked why the language was included;

“So that the golf operations could continue and protect the owners — the values of the — not only the golf — to me, it was not just the golf-front property owners, but it affects all of the owners in that — in the Killearn Estates Community. If the golf operations are no longer — if the golf course is no longer operated, then it affects adversely the values of all of the property owners in that golf community.”

When asked by Mr. Daniel Manausa, attorney for Mr. Tuck,  if the purchase language referred to the majority of members,  Mr. Williams responded;

” I don’t think it would, because — and other — like in that next paragraph, when it says such members, but the members — it would not make sense for those who don’t want to purchase to be active in determining who to represent the purchase.”

It is clear that Mr. Williams’ interpretation of the purchase language is consistent with those seeking to stop Mr. Tuck’s redevelopment plan.

However, what role will his position play in the hearing?

Tallahassee Reports has been told that Mr. Williams’ position, as the creator of the covenant, may provide added weight for the plantiff’s argument in the eyes of the judge and could impact the decision on the injunction and any decisions moving forward.