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HomeMy WebLinkAbout2002 01 28 Regular C Gas Station and Convenience Store COMMISSION AGENDA ITEM C CONSENT INFORMA TIONAL PUBLIC HEARING REGULAR X 01/28/02 Meeting MGR. ~ IDEPT Authorization REQUEST: City Manager requesting the City Commission to consider approval of concept plans for Ava Anthony, Inc. to construct a gas station and convenience store at the corner of Hayes Road and SR 434 as part of negotiations of a settlement agreement with the developer relative to vested rights. PURPOSE: The purpose of this agenda item is to provide the Commission with concept plans worked out with the City Manager, Staff and the developer relative to a possible settlement of a vested rights issue. CONSIDERATION: Ava Anthony, Inc. desires to construct a gas station and convenience store at Hayes Road and SR 434. On December 10, 200 I the City Commission received a report from the City Attorney advising the Commission of his analysis of the developers claim of vested rights to construct a gas station and convenience store at Hayes Road and SR 434. The City Attorney advised that based upon the facts known to date that there are merits for and against vested rights and suggested that it might be in the best interest of the parties to explore a settlement agreement. Based upon the City Attorney analysis the Commission directed the City Manager to work with the developer to explore a design that might be acceptable to the City and the developer. The concepts provided in this agenda item represent the City Manager and developer's efforts to create a mutually acceptable design for consideration by the Commission. FUNDING: None RECOMMENDATION: It is recommended that the Commission review the concept plans and if acceptable direct the City Manager and City Attorney to prepare a development agreement with Ava Anthony, Inc. for presentation at the next Commission meeting. ATTACHMENTS: Concept Plans COMMISSION ACTION: Date: 012802 The attached rendering was handed out during Regular Agenda Item "C" on 1 /28/02. 01/14/02 MON 17:00 FAX 407 429 4495 LDDKR LO ~~ l~IL~S DROSDICK ROSTER KANTOR & REED, F.A.. Attorneys at Law C1NbX M. KniKGdNNEI~, North Eota Drire Orrice Direct DiAI: 407-418263 1:-mail: Cindy.lurkeonnell~jalowndec-law.com January Z 4, 2002 'V)~A FACS)CMILE Ron McLemore City Manager City of Winter Springs Re: Architectural Rendering lEl(ayes and 434 Site Dear Ron: Enclosed please find a more detailed architectural rendering of the proposed gasoline station for the Hayes and 434 site. This rendering includes both the convenience store and the canopy. Because this is atime-sensitive project and we would like to be on the agenda for the January 28, 2p02 City Commission Meeting, we would appreciate it if you would circulate these renderings to the City Commissioners as soon as possible so that we may promptly respond to their comments. Please call me as soon as possible to discuss the enclosed azchitectural rendering. Y look forward to hearing from you. Sincerely, CMK Enclosures c: Aaron J. Gorovitz, Esq. Kaznil Gowni Ken Wood 0384pq~g3818152t70211 215 NORTH EOLA DRIVE ORY,ANDO, FLORIDA 32$01 r~oo2 450 SOUTH ORANGE AVENUE, SUTT>J 800 OI1L.A1VD0, FLQRI1yA 32801 Posy oFl~ lCE Box 2809, 01:1.ANno, Fl.p[unA 32802-2809 TEL.: 407-843-4600 /FAX: 407-843-4444 www.lowndes-law.com Cindy M. Kirkconnell A founding member of Commercial Law Affiliates, a worldwide eelwork of uidependent [aw firms. 01/14/02 MON 17:00 FAX 407 423 4495 Lnnxit ~ o o s R@I~IY@dJAN 14 ~ ~~~04~4~'M F1~ORII~IA PETROLEUM P, ~i2 Hate: T/T4/2002 Time: 3:17 PM 3an_34 'B2 16:29 HaRTFR~ipW'15 PR RRCFi1TOC Fp'+S 4g-J6,g72062 P. 1 ' ~. m f 0 7 I~ .~ Joa Mq ~a~i.~oni carve. szar~ ~tTER ~ ADAMS ~.A. b A 7 e ~ ~ 4 CTH~A= ?jjY~RB v"~ ++~n r~ww ~~ Z ~` ~~..~ ~1..~ i ~t ,' j , i i ,~ ~.r f -_~~ O ~~ N ~ N ~- ~N ~ Q~ ~~