Hostage: one that is involuntarily controlled by an outside influence.

There are 3,330 property owners in Killearn Estates currently being held hostage by two property owners. According to public records, these two property owners, Jorge Piekarewicz and J.D. Rayburn, are the named complainants in what has become the saga of Killearn Country Club not being allowed to proceed with the redevelopment and improvement of its infrastructure and facilities. These same two property owners have made it their mission , through the judicial system, to keep all other property owners in Killearn Estates from enjoying the improvement of KCC and potentially the increase in overall property values as a result of new and dynamic facilities.

In the fall of 2014, Barton Tuck, the owner of KCC announced his plan/vision for the future of KCC. This included the removal and rebuilding of the club house, dining facilities, locker rooms, pro shop, golf course irrigation system and more. To do this, Mr. Tuck proposed closing the seldom used “Narrows” or North part of the golf course. The majority of the closed course would be given over to an easement; a much smaller portion of the closed course would be sold and developed into a 55+ residential community.

A small group of people posed an immediate opposition to this plan. Through countless legal maneuverings, they have, under the anonymous name “Preserve Killearn,” posed legal upon legal challenges preventing Mr. Tuck from implementing his plan. In doing so, they have kept every property owner in Killearn Estates from once again being able to point to KCC as the crown jewel of the neighborhood. For over 50 years, KCC has been an attraction to countless home buyers and a positive attribute to those wishing to sell.

It seems grossly unfair that two property owners out of 3,332 and the handful of those who are behind them, have been able, for over 3 years, to keep the vast majority of Killearn Estates property owners hostage with their trivial and petty demand that the North Course be restored. This issue was settled by the courts in a legal ruling over one year ago. The ruling stated that Mr. Tuck was within his rights to close the course.

After all, KCC is a business. As the owner of the business, Mr. Tuck makes decisions that will improve his business and make it not only profitable from a business standpoint but enhance it and make it more attractive for his customers. The peripheral benefit is to ALL residents of Killearn Estates whether they are members of KCC, own golf course lots or are in the far reaches of the subdivision. Everyone in Killearn would benefit from a revitalized Killearn Country Club!

The two plaintiffs in the current lawsuit attempting to block Mr. Tuck do not appear to care about the hostages they have taken in pursuit of their personal vendetta against Mr. Tuck. It is way past time for the hostages to be released and for the hostages to have a voice.

First, there is consensus that the facilities are severely deteriorating and that time, which is rarely a priority in legal proceedings, will only make it worse. However, there is also consensus that the golf course is in “great” shape.

Second, TR has been told that there will be no movement on the process that would result in facility improvements until the remaining lawsuit is settled.

Some have indicated that the owner of KCC is experiencing financial troubles and that this is the reason improvements have not taken place. However, TR has checked with lawyers – independent of this process – who said that delaying improvements amid a legal challenge is a reasonable position for a property owner preparing to make a large investment. Also, it has been reported that the owner has recently purchased a golf club in Virginia which would appear to demonstrate the owners has access to financial resources.

Third, the goal of the legal proceeding appears to be to secure a decision that will stop the re-development and eventually result in golf being played on the north course.

And finally, TR has learned that the Southwood Golf Club recently sold to a group of local investors for approximately $1 million. Given the numbers associated with the KCC redevelopment, this sale would seem to indicate that the window of opportunity for a financially viable KCC may soon begin to close.

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 end product was very different than the original proposal pushed by Barton Tuck, the owner of the club.

What began as a proposal for 350 apartments with promises made by an out of town owner, ended up as an age restricted community with 147 residential units backed by the reputation of local businessman JT Burnette.

Despite the changes, those most affected by the development were not swayed.

Emotions ran high during the four hour meeting which featured public comments from both sides that became personal at times.

In short, those opposed to the redevelopment viewed the proposal as a government bail-out at their expense. They believed Tuck failed to invest in the maintenance of the club during is years of ownership and now was seeking the city commission to help him recover from bad business decisions.

Those in favor, feared a failure of the redevelopment plan would ultimately doom Killearn Estates as a desirable golf course community.

In the end this fear seemed to have an impact on the city commissioners.

However, as demonstrated in the closing comments of the elected officials, the involvement of JT Burnette appeared to also be a deciding factor.

Burnette’s involvement in the development, which we wrote about here, put a local face on a project that had been losing some credibility since the Planning Commission voted against the project.

Burnette’s relationship with the elected officials, his demonstrated successes (Hotel Duval), and his changes to the plan convinced the city commission his vision was worth their vote.

Check back for updates.

KHA states “the agreement results in preserving Killearn Estates as a golf course community” and “prevents the remaining 18 holes of KCC from being redeveloped into residential lots for a minimum of fifty years.”

John Paul Bailey, the President of the KHA, told TR that “the most important part of the agreement is the protection it affords Killearn Estates. We will remain a golf course community for at least fifty years.”

The agreement states that KHA will not oppose the rezoning request currently before the Tallahassee City Commission on the condition that Palmetto (the owner of the country club) meets certain protective and restrictive covenants.

The covenants address the proposed residential development on what were holes 7,8 & 9 of the “North Nine” golf course.

Based on the agreement, the development will consist of 133 homes and 14 townhomes that “shall be substantially similar to the homes located in the Greens of Killearn.”

Tallahassee Reports wrote about this proposed development here.

A layout of the proposed development is shown below:

The covenants also addresses the conservation easement that will be made up of holes 2 thru 6 of the “North Nine.” Palmetto will be the owner of the easement and will be required to maintain the green space.

The agreement says “at all times, the owner of the Conservation Area will be required, and at its sole costs and expense and at no expense of KHA, to maintain the Conservation Area, to keep the existing grass cut no less than every four (4) weeks, or more often if needed to keep the Conservation Area walkable and in an ascetically pleasing condition…”

The agreement also requires Palmetto to place $4,000,000 in escrow to be spent on country club improvements with the “primary focus” on a new clubhouse.

The Timeline

In an exclusive interview, JT Burnette, who signed a contract to purchase and build the residential development on the “North Nine”, described the process that would take place if the City Commission approves the rezoning application on April 4th.

After the vote, applications for various permits will be submitted for the residential development. At the same time, Palmetto will  hire engineers and architects to complete plans for a clubhouse.

After permits are approved and clubhouse plans are completed, an escrow account of $4,000,000 will be set up.

At this point, TR is told the funds will be out of the control of Palmetto and must be spent on the clubhouse improvement.

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.

Mr. Burnette did tell TR that the timing outlined above could be impacted by a lawsuit that has yet to be resolved.

This report is a summary of the major points of a detailed 30 page agreement. For more details, the agreement can be read here.

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.

It looks as though other communities are dealing with the same issue.

Tallahassee Reports has learned that the Collier County commission voted last week to implement new rules when it comes to converting golf courses to residential developments. Collier County is home to Naples, Florida.

Among the changes is a requirement for developers to put up a greenway that is between 75 and 100 feet wide around the perimeter of the property before they can begin tearing out fairways to put up houses.

Developers would also have to offer the golf course for sale to neighborhood associations and/or the county to keep operating it as a golf course.

In addition, developers would be required to put a minimum of 35 percent of the land under a conversion project dedicated as a greenway with an average minimum width of 100 feet along the perimeter of the course. The developer would be asked to include amenities, such as walking paths, for neighbors on green spaces.

The rules would only apply to the unincorporated county and wouldn’t affect courses in Naples.

The Killearn Country Club owner has committed to converting at least five of the “North Nine” holes -which has been closed – to a conservation easement.

However, the rezoning application under consideration, which calls for a density of 10 units/acre, does not specify development parameters for items such as buffers.

Also, the Killearn Country Club owner did offer the course for purchase to country club members. The members voted not to pursue a purchase. However, the process, ultimately accepted by the courts, was challenged by a group of residents.

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.

The rezoning proposal has been a source of controversy and has faced several court challenges, some of which remain unresolved.

TR has published a number or articles providing different perspectives on the issue.

Sharon Mears: In Defense of Killearn Golf Course Redevelopment

My View – The Killearn Debacle

My View: Killearn Country Club

Killearn Country Club Members Provide Alternative Approach To Closing North Course

Now that the Planning Commission has made their recommendation, the decision moves to the City Commission.

TR has attended a number meetings and talked to people on all sides of the issue. What would a compromise solution look like? To get the answer, you must understand the competing positions.

First, Tuck claims that the economy has made it impossible to save the club without selling the “North Nine” land for monies to re-invest in the club. This number needed seems to be approximately $3 million.

Mr. Tuck has solidified his position by threatening to close the club if the rezoning is not approved. Based on discussions, this threat has been effective and is a concern for the Killearn Homeowners Association and government officials.

Those who will suffer the most with the rezoning are the homeowners on the “North Nine.”

There position is they bought homes on a golf course and Tuck should not be able to improve an investment at a cost to them just because he has grossly mismanaged the golf course.

From a planning perspective, the rezoning appears not to be consistent with the comprehensive plan. However, the issue now becomes political and elected officials will seek a compromise.

What are some possible solutions?

Tuck claims he needs approximately $3 million to improve the club. What if he could get the money without developing the land?

One solution would be to charge an assessment on the group that would benefit the most from the upgrade -club members.
A $40 a month assessment on 300 members for 20 years could secure approximately $1.5 million.

All homeowners in Killearn Estates (approximately, 3,700) would benefit from an improved golf course. A $20 annual assessment on homes in Killearn Estates over 20 years would generate another $1.5 million.

Has this approach been considered?

People tell TR that Tuck does not want to talk about any options other than the rezoning and the development of the “North Nine.”

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 rezoning proposal has been a source of controversy and has faced several court challenges, some of which remain unresolved.

Tuck had asked the Planning Commission to rezone approximately 4o acres of the “North Nine” golf course. The “North Nine” has been closed for over a year.

The most controversial aspect of the application was the request to allow high density development (10 units per acre) on the 35 acres known as “North Nine” holes 7 through 9.  This part of the course is bordered on one side by rather expensive single family homes, while the other side contains zero-lot line and condo style homes.

The Planning Commission is made up of seven commissioners. However, Commissioners Stewart Proctor and Keith Dantin abstained from voting due to potential conflicts of interest.

Commissioners Robert Deyle, Barbara J. Walker, and Diane Williams-Cox voted against the application while Commissioner Timothy D. Edmond and Patrick R. Madden supported the rezoning.

Planning Commissioner Deyle was highly critical of the plan and called the proposal “spot zoning.” Spot zoning is where a zoning change to a single parcel benefits the landowner to the detriment of surrounding property owners.

Deyle also made it clear that he felt no responsibility to increase the value of the land so the applicant could refurbish the golf club.

Commissioner Williams-Cox denied the application because the high-density proposal would adversely impact owners who purchased single family homes on a golf course.

The Planning Commission vote is only a recommendation to the City Commission. The City Commission will have the final say in the matter.

After the vote of the Planning Commission, homeowners from the “North Nine”, who thought their chances to stop the proposed developed were slim, clearly had renewed hope.

However, others fear this could all end with a closed golf course, which they say would be bad for all 3,700 homes in the neighborhood.

Both sides agree the City Commission, who have voted against Planning Commission recommendations before, are about to get lobbied by both sides.