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HomeMy WebLinkAbout2003 08 11 Regular A Gasoline Station Construction COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X AUGUST 11. 2003 Meeting MGR ~DEPT /~ Authorization REQUEST: The Community Development Department recommends the City Commission hear a request by attorney Bruce Duncan, agent for A V A-Anthony and/or Kamil Gowni and/or Phelepateer LLC, for a variance from Section 20-418 of the City Code of Ordinances (Ordinance No. 2001-13), to allow a gasoline station to be constructed on a site within 350 feet of another existing gasoline station site or within 350 feet of residential property. PURPOSE: The purpose of this agenda item is to consider a request by Bruce Duncan for a variance from Section 20-418 (Ordinance No. 2001-13) of the City Code of Ordinances to allow a gasoline station to be constructed at 701 East SR 434, at the south-west comer of the intersection of SR 434 and Hayes Road. The site is closer than 350 feet to the site of the existing Cumberland Farms convenience store with gasoline pumps and also closer than 350 feet from residential property (e.g. Hacienda Village). APPLICABLE REGULATIONS: Sec. 20-82. Duties and Powers; general. The Board of Adjustment shall make recommendations to the City Commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. b. c. To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to August II, 2003 Regular Item A Page 2 recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. Sec. 20-418. Gasoline stations. (a) For purposes of this section, a "gasoline station" shall include any building or structure or parcel of land used for the storage and sale of gasoline or other motor fuels, whether such storage and sale is a principal or accessory use on the land. (b) There shall be a minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot on which a school or playground is proposed or exists. August 11, 2003 Regular Item A Page 3 (c) There shall be a minimum air line distance of three hundred and fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed residential lot, school, or playground and any existing gasoline station. (d) This section shall not apply to any pending gasoline station application which is "vested" as provided by law, or any gasoline station lawfully existing and operating at the effective date of this section. However, if any such gasoline station shall discontinue or abandon its operation, for at least ninety (90) consecutive days at a property, then this section shall apply to said property. Ordinance No. 2001-13 (please see attached) Settlement Agreement CONSIDERATIONS: The site had once received approval for site development and had commenced construction. The City's Code Enforcement Board had various issues with the site and took action accordingly. Construction stopped at the site and the applicable City permits expired. On July 23,2001, the City Commission adopted Ordinance No. 2001-13, defining gasoline stations and restricting their placement. This subject site was referenced in the fourth "WHEREAS" clause of the ordinance. The ordinance noted that too many gasoline stations in one area can cause the area to become a blighted eyesore which greatly diminishes the area in aesthetic and commercial appeal, that the enhancement of aesthetic appeal is a proper exercise of police power, and that too many gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion. On February 25,2002, the City Commission considered and rejected a proposed development agreement with A V A-Anthony, Inc., to construct a gasoline station at the site, as part of a settlement agreement. The proposed development agreement addressed vested rights and included a conceptual site plan, building elevations, and landscape plans. On July 22,2002, the City Commission considered and approved a request by A V A- Anthony for forgiveness of a code enforcement lien of $75,900 against the site at the southwest comer of SR 434 and Hayes Road. The City and applicant agreed that the fine would be reduced to $12,500 (estimated actual cost to the City) - the City agreed to drop all pending legal action and the applicant agreed to drop any vested rights [to construct a gasoline station] claims. The attached settlement agreement was executed on September 25,2002. The $12,500 has been paid (check # 4932, dated 7/30/02, received by the Finance Dept. 9/25/02). FINDINGS: I).The subject site, 701 East SR 434, is located within the C-l zoning district, the Commercial Future Land Use designation, and the SR 434 Redevelopment Overlay Zoning District. August 11, 2003 Regular Item A Page 4 2). On July 23,2001, Ordinance No. 2001-13 was adopted, creating a 350 foot air line separation requirement from the nearest points of lot boundaries between a proposed gasoline station and any existing gasoline station, any lot zoned residential, or any school or playground that is proposed or exists. 3). The settlement agreement, executed September 25,2002, between the City and Phelopateer, LLC., states that the applicant waives any claims to vested rights to develop the site as a gasoline station. Therefore, there is no vested rights claim and no argument may be made alleging vested rights to develop this site as a gasoline station. The settlement agreement is binding upon Phelepateer and the City and their successors and assigns (runs with the land). 4).On or about June 11, 2003, the variance application, fee, and letter of authorization (authorizing Mr. Duncan to represent the owner for the special exception) from Mr. Kamil Gowni was received by the City. 5). The site is closer than 350 feet of both an existing gasoline station (Cumberland Farms) and residential property (Hacienda Village to the south and North Orlando, 4th Addition to the north). 6). The Board of Adjustment is required by Code to find that the variance request meets all six variance criteria, set forth in Subsection 20-82 (1) (c), in order to recommend approval. 7). The Board of Adjustment and staff did not find that the variance meets the six criteria for a variance: 1. there are no conditions or circumstances peculiar to the land, which . are not applicable to other lands in the same zoning district - any site plan approval and/or other pertinent City permits that ever existed for the site are no longer valid; 2. special conditions and circumstances, if they exist, are the result of the applicant; 3. granting the variance requested would convey on the applicant special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. a literal interpretation of the provisions of this chapter would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would not work an unnecessary hardship on the applicant; 5. the variance requested is not the minimum variance that will make possible the reasonable use of the land; and 6. granting the variance requested would not be in harmony with the general intent and purpose of this chapter and would undermine the Code, which August 11, 2003 Regular Item A Page 5 could be injurious to the neighborhood, or otherwise detrimental to the public welfare. 8). A financial hardship does not constitute a hardship in terms of granting a variance. 9). Ordinance No. 2001-13 specifically cites the subject property, states some of the problems that occur when too many gasoline stations are located in one area, and states that the enhancement of the aesthetic appeal of the City of Winter Springs is a proper exercise of the City's police power. BOA ACTION: At its July 17,2003, meeting, the Board of Adjustment voted to recommend denial of the vanance. RECOMMENDATION: The Board of Adjustment and staff recommend that the City Commission deny the variance request. ATTACHMENTS: A - Ordinance No. 2001-13 B - Variance application & map C - Minutes of the February 25,2002, City Commission meeting D - Minutes of the July 22,2002, City Commission meeting E - Settlement Agreement F - Draft BOA minutes CITY COMMISSION ACTION: , ) " ATTACHMENT A ) ORDINANCE NO. 2001-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING DISTANCE REQUIREMENTS FOR GASOLINE FILLING STATIONS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Ordinance is adopted pursuant to the Municipal. Home Rule Powers Act and the City's inherent police power to zone property; and WHEREAS, zoning regulations with respect to the erection of filling stations have been upheld to be a valid exercise of the police power; and WHEREAS, the City Commission has reviewed the case Stone v. City of Maitland, 446 F.2d 83 (5th Cir 1971).and hereby finds that it is undesirable to locate too many gas stations in one area because experiences of Florida cities have shown that the probability of business failure in the gasoline station business is very high in. this competitive area and such.failures result in abandoned gas stations which in most instances cannot be used for any other commercial purposes; and ---WHEREAS, for example, the City Commission is aware ofthe abandoned gasoline station located on .State Road 434 in Winter Springs (Texaco), which has been declared a public nuisance by the City's Code Enforcement Board, he abandoned gasoline station located on State Road 17-92 near t e lty of Casselberry City Hall, the abandoned gasoline station.on the comer of State Road 17-92 and State Road 434, and the abandoned gasoline station near the 1.:.4 on-ramp on State Road 434; and WHEREAS, the City Commission also finds that too many gasoline stations in one area can cause the area to become a blighted eyesore which greatly diminishes the area in aesthetic and commercial appeal; and WHEREAS, the enhancement of the aesthetic appeal of the City of Winter Springs is a proper exercise of the police power; and WHEREAS, the City Commission further finds that too many gasoline stations in one area presents a high risk of fire, explosion, and traffic congestion. See City of Boca Raton v. Tradewind Hills, 216 So.2d 460 (Fla. 4th DCA 1969); and ) City of Winter Springs Ordinance No.200 1-13 Page I of 3 . ,,,.' I; \ .....i ./ ( ) . WHEREAS, the City Commission also finds that the lighting standards used by gasoline stations are very illuminous and can become nuisances if located too. close to residential developments; and (. WHEREAS, based on the findings contained in this Ordinance, it is in the best interests of the public health, safety, and welfare of the citizens of the City of Winter Springs to establish the distance requirements contained herein for gasoline stations. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. Section 20-417, City of Winter Springs Code is hereby created to read as follows: (llnderlined type indicates additions to the Code.) Sec. 20-417 Gasoline Stations. w For purposes of this section. a "gasoline station" shall include any building or structure or parcel ofland used for the storage and sale of gasoline or other motor fuels. whether such storage and sale is a principal or accessory use on the land. (. ili2 There shall be a minimum air line distance of three hundred fifty (350) feet, , measured in a straight line from the nearest points oflot boundaries. between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lotzoned residential or any lot on which a school or playground is proposed or exists. f!j There shall be a minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries. between a proposed residential lot, school. or playground and any existing gasoline station. . @ This section shall not apply to anypending.gasoline station application which is "vested" as provided by law. or any gasoline station lawfully existing and operating at the effective date of this section. However. if any such gasoline station shall discontinue or abandon its operations. for at least ninety (90) consecutive days at a property. then this section shall apply to said property. City of Winler Springs Ordinance No.200 1-13 Page 2 of 3 /' ~ ) Section 3. Repeal oCPrior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 23rd day of July ,2001. ) ./ ANDREA L City Clerk .. ZO-LUACES S TO LEGAL FORM AND SUFFICIENCY Y OF WINTER SPRINGS ONLY. -, First Reading: July 9, 2001 Second Reading: July 23, 2001 Effective Date of Ordinance: July 23, 2001 F:\DOCS\City of Winter Springs\Ordinances\Gasoline Station jpb.jd City of Winter Springs Ordinance No.200 1-13 Page J of 3 35/ 0~ 20t3 lJ 11:57 1073274755 WINTER SPRNGS BLDDPT PAGE 01/02 $ S- 00 ATTACHMENT B +It'" tJ..... ~ .V'^ ~ c~.Q.."t-~,~., I W>...L I ~ n'A.... ,:,{ ~c.:... ._, . ,BOARD OF ADJUSTMENT APPLICATION CITY or WINTER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER'SPRINGS, FL 32708-2799 (407)327-1800 FOR: x S~ECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECIS10N 1, APPLICANT: B~uce G. Duncan, Agent for Owner';' 'PHQNE 35'2-383-4186 ADDRESS: 308 East Fifth,Avenue, Mou~t Dora; 'Y1o~ipa 32757 2 PURPOSE OF REQUEST: A snecial excpptinn tn' minimum set back requirements on gas stations contained in Chapter 20-418 3, ATTACH A COPX OF THE PARCEL SURVEY, 4, ATTACH AN 11 X 17 HAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS, 5, ATTACH LEGAL'DESCRIPTION. 6, TAX PARCEL IDENTIFICATION NUMBER; '~" ~ ~..:.~ - stA.~ .,.~~~-~~~C) 7. LOCATION 'OF PARCEL (Street Addre5's and/or ,:Nearest Cross Streets): S.R. 434 & Hayes Strf'f't . " 8, PRESENT ZON I NO: Neighborhood Commerct"UTURE ,LAND USE; Commercial By Signing below'! understand that City of ~inter Sp~in9s Officials may enter upon my property to inspect that portion, as rei ates to this applioation, (If the applic~nt is not the owner of the subject property, the applicant must attach a letter of authorization signed by the owner) , Ramil F. Gowni OWNER-PLEASE T~, tC~~~ OWNER-SIONATURE ' . . , PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A ,RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM 'RECORD OF THE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH, INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ,,'~ BASED, PER SECTION 286.0105, FLORIDA STATUTES " . SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT (1) Any pe~son, or pe~sons, jOintly or severally aggrieved by any decision of the Board of Adjustment may, within thirty (30) days afte~ the filing of any decision in the office of the Board of Adjustmenl, but not thereafter, apply to' the City Council for administrative relief, After a hearing before the City Council an aggrieved party ~ay, within thi~ty (30) da~s after the decision.of the City' Council, fi 1 e an appeal wi th a court of competent jurisdiction over the subject matter, ~, . .1...0'(""". ./' ~74755 / ' ,./~ ~/J WINTER SPRNGS BLDDPT PAGE 02/02 A'.,~.,./ ,. APPLICATION INSTRUCTIONS A Sta'ff, Repor!: will be developed for each APPlication, The AppJ'icant shouJd be prepared to addres,'s each of the issues provided below for Variance requests. the ,Board of Adjus,tment mUst make the 2, ~t SDec1a! cond;tions an~ circumstances do not result from the 'actions of t;., P. aDD! iO'Lt. ' ' . .,.... 5. th~ be the 7. Mlioies ,', THE APPLICANT IS 'RESPONSIBLE FOR PROVIDING THE CITY HITH THE NAMES AND ADDRESSES OF EACH PROPERTY OWNER 'WI-THIN '150 FT.' OF' EACH PROPERTY LINE BY THE SCHEDULED TIME. , . THE APPLICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARD ON THE ; SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF:AOJUSTHENT HEETING ,.' ~ AT WHICH 'THE MATTER WILL BE CONSIDERED: SAID 'NOTICE SHALL NOT aE'~' POSTED WITHIN THE CITY RlaHTS-OF~WAY. I.', '.. .. ,'i: . : . :' I ~ I. . ''j .!",. . .... , . '.,' , POTTER CLEMENT LOWRY & DUNCAN ATTORNEYS AT LAW 308 EAST FIFTH A VENUE MOUNT PORA, FL 32757 E-MAIL ADDRESS:b2:duncan@earthlink.net DEL G. POTTER, P.A. G. EDWARD CLEMENT, P.A. ARCHIE O. LOWRY, JR., P.A. BRUCE G. DUNCAN, P.A. PHONE: (352) 383-4186 FAX: (352) 383-0087 June 10, 2003 City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 RE: Board of Adjustment Application for Special Exception To Whom It May Concern: The undersigned has hired Bruce G. Duncan to act as agent on his behalf in the filing and processing of the attached application. Mr. Duncan has my authority to take all steps necessary to see that the application is processed to finality. Please do not hesitate to contact me if you have any questions or comments in regard to the foregoing matter. Very truly yours, ~~~~ Kamil F.' Gowni ( - ----- -> j~ , ~~~l(: -----~--~---- H G ------------- --r- _ , ----_ I --__ I - -..,. - , - -"- --- 229, F '-_,'___ 227, 222 :------- , , , , , , , , , , 2/9 OUT , , , , , , , , , , , , , , , ...I _ - - - \:,0 ,..-- , , , , , , , , - - - t-- .... V N bO ll.. 't:l u ~ .s . ' "El o u c , , __---T- I , , , , , , , , , , , , , , , , , , , , , , ~ --,_._,--~,-_.~--~~:--~,_.-'~---\.- , - ---,. . -,. , ' " " 6."0 632. 6.J - . .,- - -, ", '626 628' J' , - - - 1 - . -;- - -~ ' ~ ' , " 6/..J 620',622 ~ 624' , , , , ' , '614' 616, If, , , , . , '6/0,6/2' , 63/.6- 602 ~ 604.606,608' 'PEA.RL RD '6/9' 621' 62j, 625', 627',629" " 615' 6/7 ' , , , ' , ' I L'. 111161 i I 613, I I, I I I I '_ _ _1- _ _ l- , '605'607,v07, ' " ".'.__'.--',' 6011603 I I I I I I I I _ _'_ _ _1_ - 1 I I I I " II " '._ _ _~_ _ _,_ - -',- - -',- \ " I, ~ ~ I 632 1- - -.- - - I I I \ I 'u .1 ,c?,c, 67Kl 630 , - Continued Pg 2425 4 5 :6 7 B A NOTES: Fire Department Address Map PRINTED: REVISED: March 2003 1: 2 : City of Winter Springs, FL o 200. 400 ~.. I Scale: I" = 350 feet 3 :' Map Pa e 2416 . , Developed By: ENGINEERING " l.AfI) SYSTEMS i- ~ ATTACHMENT C CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 12 OF 24 The Meeting was called back to order at 8:46 p.m. REGULAR D. Office Of The City Manager Requesting The City Commission To Consider Approval Of A Development Agreement With Ava Anthony, Inc. To Construct A Gas Station And Convenience Store At The Corner Of Hayes Road And State Road 434 As Part Of A Settlement Agreement With The Developer Relative Vested Rights, Including Conceptual Site Development, Building, And Landscape Plans. Discussion began with when the attachment referenced in this Agenda Item had been made available to the City Commission. Attorney Garganese reviewed some technical changes and stated: "On paragraph 6., right at the beginning, we just need to put a statement in there that the landscaping obviously is subject to arbor review through our normal permitting process and any inconsistencies with the landscape plan that is attached as a concept plan, and our landscape requirements per Code. Obviously the Code provision would prevail." In that same section, subparagraph c., there is a question mark, right at the end there. That should be a closed parenthesis." Attorney Garganese added, "In subparagraph F., the second to last line, it says trees and shrubs planted also, that word also should be removed. Same page, paragraph 8. under 'Lighting.,' the second sentence should read 'Canopy lighting on the Site will be recessed to' maximize lighted areas for customers '" 'Signage.' - the reference to Section 20-486. should be stricken and the sentence will read 'the Site will meet or exceed applicable standards provided in the City Code.' Page 7, paragraph 18., there is a reference to a fine of $250.00 per day. That should be stricken and the fine should be an amount not to exceed that provided by Chapter 162, Florida Statutes." . Commissioner Blake stated, "Point of Order" and commented on the new pages given out tonight by Attorney Garganese. Manager McLemore remarked about Section 5., and stated, "My concern is with the '(but will not necessarily)' - it gives them the ability to go back precisely to the existing drawings and say, no we won't do anything." Manager McLemore suggested this to be amended to state, ".. . Mutually agreed upon minor embellishments or minor enhancements that the parties can mutually agree upon." Further, Manager McLemore then said that regarding the "Footwall along Hayes and along 434, I would like to keep that in as a requirement." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 13 OF 24 On page 5. of the Agreement identified in the Agenda Item, Manager McLemore explained that in Section 7. - it would be his preference to include the language that "The maintenance would be conducted in such a way to maintain the original condition equal to or better than the original installation." Deputy Mayor Gennell inquired, "Was the landscaping plan going to come back to US?" Attorney Garganese responded, "Yes" and that it would most likely come back during the "Formal permitting process." Furthermore, Deputy Mayor Gennell said, "I agree with the City Manager about - a small wall of some sort, and the purpose of it, but I would encourage everybody concerned to make sure that it has some breaks in it somehow, to discourage the rollerbladers and skateboarders. " Commissioner David W. McLeod spoke about the landscaping retention pond and stated, "I think if you go back to the original agreement we had with Texaco, it seems to me that we made them put a hedge around that pond to kind of hide that pond." Commissioner McLeod added, "I would appreciate it if you would look at that Ron, from what the original requirement was, on that site before." Mr. Arran J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz addressed the City Commission and stated, "The four (4) points that Mr. McLemore made, we are in agreement with all of them." Additionally, Mr. Garovitz stated, "On page 5, paragraph 7., it says 'first class' - the word 'first class' is also on page 5, in the second line. If you are going to change it in one place, you can change it in both." Mayor Partyka asked Mr. Garovitz to comment on the earlier remarks made by a representative of Hacienda Village. Mr. Garovitz stated, "The first substantive point that I wrote down is the connection to the sewer system, and again, this is all approved for commercial use, whether or not there's gas facilities and if there are problems you know, we'll deal with them to the extent an ordinary developer would. She asked, 'Can two (2) stations exist this close?' and I will tell you that we wouldn't be doing this if we didn't believe the answer is yes. Without a doubt, in our view, they can. She talked about traffic congestion. We all as you know - there are fairly significant traffic concurrency standards that we'll have to meet and demonstrate that the transportation works and that the roads operate in an acceptable level of service; so her point is well taken, but we are going to need to demonstrate to you before we get a building permit, that that will all work. " Mr. Garovitz continued, "The lighting and the landscaping, she probably wasn't aware is dealt with in a great amount of detail as we were made to do in the Agreement. On the rented fence, we have provided for reimbursement. We have capped it at a thousand dollars. I don't know what the bills were, but I remember hearing once they were about a CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 14 OF 24 thousand dollars, so I didn't want to stipulate to anything and then find out we owe somebody ten (10) grand for a fence, but, my understanding is, that was about right. And I think she asked a question about a brick wall in the back and the answer is yes, the brick in the back will be landscaped on our side and on their side, it will be the same brick as you see on the renderings." Mr. Lee Chatas, Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Post Office. Box 2346, Orlando, Florida: as the legal representative for Cumberland Farms, Inc., Mr. Chotas spoke on this issue currently before the City Commission for a decision. Commissioner Martinez stated, "I would. like the record to indicate that Mr. Chotas telephoned me today for the purposes of discussing this issue - and it was unsolicited - and the letter that came from the Homeowner's Association was also unsolicited." Mr. Chotas remarked on this case and the process. Tape 2/Side B Deputy Mayor Gennell inquired "Who is responsible for the lift station back there in Hacienda Village?" Manager McLemore said, "I would need to talk to Kip [Lockcuff] or one of the Utility people." Discussion ensued on whether it was public or private. Further discussion. Commissioner McLeod asked Attorney Garganese for his views on this issue. Attorney Garganese stated, "The Commission has the discretionary authority to approve pre-suit Settlement Agreements, which this is. Further, under your State Road 434 Redevlopment guidelines, it is encouraged that Development Agreements be entered into. This Agreement is consistent with those guidelines. Furthermore, regarding Development Agreement's, as you know, generally Development Agreement's are a good means in which to eliminate uncertainties in development. We have historically as well as practically every City I would gather in the State of Florida, have entered into Development Agreement's which approve concepts which - must further comply with the site plan and engineering processes approved by the governmental agency. This Agreement is no different than that. It approves conceptual site plans, conceptual landscaping plans and the processes of the City of Winter Springs must still be complied with, and the Agreement states that." Much discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 15 OF 24 Commissioner Miller spoke about Impact fees and added, "We still don't have $44,600.00 in Impact Fees." Commissioner Miller then spoke about the Liens that have been placed against the property and what will transpire in the future. Manager McLemore spoke on the record about the merits of Development Agreements. Tape 3/Side A Commissioner McLeod commented on the record that if this Agreement goes forward, that the hours of operation should be included in the Agreement. Mr. Garovitz stated that "The hours of operation originally were, and still are 6 to 11, and we would be happy to include that in the Developer's Agreement - 6 a.m. to II p.m." Further discussion. Mr. Garovitz then stated, "I agree with all the changes your City Attorney made. I agree with all the changes that your City Manager made. I would agree with Mr. McLeod's comment that we could limit the hours of operation from 6 a.m. to 11 p.m." Mr. Chotas again addressed the Commission and spoke of lawsuits. "I WOULD LIKE TO MAKE A MOTION - THAT MOTION IS THAT WE DO APPROVE THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH A V A ANTHONY, INC. TO INCLUDE COMMENTS - FROM OUR ATTORNEY AND CITY MANAGER, AS AGREED TO BY AVA ANTHONY, INC.'S ATTORNEY TO CONSTRUCT A GAS STATION AND CONVENIENCE STORE AT THE CORNER OF HAYES ROAD AND STATE ROAD 434 AS PART OF A SETTLEMENT AGREEMENT WITH A DEVELOPER, RELATIVE TO VESTED RIGHTS, INCLUDING CONCEPTUAL SITE DEVELOPMENT, BUILDING AND LANDSCAPE PLANS AND THAT THEY WILL FOLLOW THROUGH BY GOING THROUGH ALL THE PROCESSES ANY OTHER DEVELOPER WOULD; AND COME BACK THROUGH P AND Z AND LAND DEVELOPMENT." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. COMMISSIONER MARTINEZ SPOKE FOR THE RECORD ABOUT STAFF'S INPUT AND VESTED RIGHTS. MANAGER McLEMORE SPOKE FOR THE RECORD ABOUT STAFF'S WORK ON THIS PROJECT. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: NAY CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - FEBRUARY 25, 2002 PAGE 16 OF 24 COMMISSIONER MILLER: NAY MOTION DID NOT CARRY. Attorney Garganese stated, "If the Commission doesn't want to consider entering into an Agreement, then the applicant has the ability to proceed with the vested rights determination, which would be held at a later date." REGULAR E. Office or The City Manager Requesting The City Commission To Review The February 2002 Letter From John Ferring or The Winter Springs Civic Association Regarding Discontinuance or The Associations Sponsorship Of The Annual Christmas Parade And To Provide Appropriate Direction. Mayor Partyka stated, "There are three (3) service organizations in this City - Rotary, which handles the 4th of July - the Lions which handles the Art Festival" and Mayor Partyka suggested that perhaps the Kiwanis could assist with this event. Mayor Partyka explained that he had contacted the President of the Kiwanis Club earlier today and asked if they would consider handling the City's Holiday Parade. Mayor Partyka added, "He said yes - he would take it to their Board and at least discuss it and bring it back to the Commission. " Commissioner Blake suggested, "Perhaps the BOWS Board [Beautification of Winter Springs Board] might be able to be involved with this to some degree as well." With brief discussion, Members of the Commission noted that they were in agreement that the parade should continue. Mayor Partyka added, "We'll pass that on, and perhaps I will suggest to the Kiwanians that they should potentially use the resources of the BOWS Board and any other groups that are around there." VIII. REPORTS REPORTS A. City Attorney - Anthony A. Garganese, Esquire Attorney Garganese advised the Commission that the Georgetowne Homeowner's Association has submitted for review an amendment to their Declarations and Covenants and there appears to be some inconsistencies." Attorney Garganese asked "Whether the City Commission wanted to approve the amendment or does the Commission want us to do it on a Staff level?" t. . . " ATTACHMENT D CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE 9 OF 26 "AN AMENDMENT TO THE MOTION TO MAKE THE AMOUNT TOTAL $7,500.00 AND WAIVE ANNEXATION FEES." AMENDMENT TO THE MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: NAY COMMISSIONER McLEOD: AYE MAYORPARTYKA: AYE MOTION CARRIED. Mr. Wallace inquired, "Should I call the City Manager first?" Manager McLemore stated, "That would be fine." REGULAR C. Community Development Department - Code Enforcement Division Requests The City Commission Considers The Request Of AVA Anthony/Phelopateer, LLC For Forgiveness For A Code Enforcement Lien Of $75,900.00 Against Their Property At Hayes Road And State Road 434. Mr. Carrington introduced this Agenda Item and gave some brief information regarding this case and suggested Staff's costs were in the range of$2,050.00. Attorney Garganese advised the Commission that, "My amount is approximately $10,000.00 in defending a Mortgage Foreclosure action where the City's Code Enforcement Lien was in play; filing a Public Nuisance Lawsuit against the owner to bring the property back into compliance with the Code; and to address a very extensive Vested Rights IssuelDevelopment Agreement." Mr. Arran J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola, Orlando, Florida; as the Attorney for A V A Anthony/Phelopateer, LLC, Mr. Garovitz addressed the City Commission. Discussion ensued on what the real costs were, and the many problems associated with this property. Tape 3/Side A "I WOULD STILL LIKE TO MAKE THE RECOMMENDATION THAT WE MOVE THIS - FORWARD AND WE MAKE THE FINE AT $12,500.00." MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING -JULY 22, 2002 PAGE 10 OF 26 "I AMEND THE MOTION TO INCLUDE A WAIVER - TO AGREE NOT TO FILE A RELEASE - OF ANY POTENTIAL ACTION ON A VESTED RIGHTS ACTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE. COMMISSIONER BLAKE CLARIFIED HIS AMENDMENT TO THE MOTION AS, "TO AMEND IT TO ADD IN TO THAT $12,500.00 FINE, REQUIRING A RELEASE FROM THE PROPERTY OWNER OR THEIR REPRESENTATIVES. OF ANY POTENTIAL FILING OF A VESTED RIGHTS ACTION ON THAT PROPERTY, IN TERMS OF ANY - POTENTIALLY PRE-APPROVED SITE PLAN." ATTORNEY GARGANESE ADDED, "THE APPLICANT HAD SUBMITTED A VESTED RIGHTS APPLICATION AS WELL AND I THINK THAT IS WHAT COMMISSIONER BLAKE IS TALKING ABOUT - THAT THE PROPERTY OWNER RELEASE THE' CITY OF ANY LIABILITY WITH RESPECT TO THAT VESTED RIGHTS APPLICATION. IN OTHER WORDS, THEY ARE RELEASING THEIR CLAIM THAT THEY HAVE A VESTED RIGHTS ON THE PROPERTY REGARDING THAT PREVIOUSLY APPROVED SITE PLAN FOR THE GASOLINE STATION." FURTHERMORE, ATTORNEY GARGANESE SAID, "I WAS GOING TO ASK THE QUESTION TO THE APPLICANT - IF THE COMMISSION APPROVED THIS REDUCTION, DOES THE CITY COMMISSION THEN BUY A VESTED RIGHTS LAWSUIT?" MR. GAROVITZ STATED, "WHEN I INDICATED I SUPPORTED THE CODE ENFORCEMENT BOARD'S RECOMMENDATION, THAT CAME WITH A STIPULATION THAT WE WOULD VOLUNTARILY RELEASE, AND I THINK THE TERM WE USED IS RELEASE OUR CLAIM OF. VESTED RIGHTS REGARDING THE PREVIOUSLY FILED APPLICATION, AND I THINK WE ARE ALL CLEAR ON WHAT WE MEAN." SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: (ON AMENDMENT) COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORGENNELL: AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION, AS AMENDED) COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: NAY DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JULY 22, 2002 PAGE II OF 26 Mayor Partyka said, "Mr. Garovitz, I believe you understand $12,500.00. You waive the right to a Vested - challenge." REGULAR D. Office Of The City Manager Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). "MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: NAY COMMISSIONER MARTINEZ: NAY COMMISSIONER BLAKE: AYE MAYOR PARTYKA: AYE MOTION CARRIED. REGULAR E. Office Of The City Manager Requests That The City Commission Make An Appointment To The Metroplan Orlando Citizens' Advisory Committee, To Replace Mr. Robert J, Lochrane, P.E. Who Has Recently Resigned. Commissioner Blake stated, "I have a person, but I can't give his name tonight because he has not been able to get back to me yet, but he is supposed to this week." Deputy Mayor Gennell suggested, "Just put it on the next Agenda." Mayor Partyka advised the Commission that, "I got appointed as Chairman of the Municipal Advisory Committee which is all the Mayors etcetera - I now have a seat on the Metroplan Board." .:..:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART II" AGENDA ITEM WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:. REGULAR D. Office Of The City Manager Requests The City Commission Schedule A Workshop To Discuss The Need For Changes To The Code Of Ordinances Related To Accessory Buildings And Detached Garages (Ordinance 2002-14). Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:40AMj Page 2/16 ATTACHMENT E AGREEMENT ;)~ ~ THIS AGREEM":l'ff, made and entered into as of the ~ day of ..,> 2002. by and between PlIELOPATEER, LLC. a Florida hmited liability company, whose address is 1348 Valley Pine Circle, Apopka, f'lorida 32712 ("Phelopateer"), and THE CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708-2799 (the "City"); WIT N E SSE T H: WHEREAS, Phelopateer is the fee simple owner of that certain real property situal~ in Seminole COW1ty, "'lorida and more particularly described on Exhibit "A" attached hereto (the "Property"); and and WHEREAS, PheJopateer is successor in interest to A V A Anthony, Jnc.. a Florida corporaliun; WHEREAS, on April 10, 2000. the City's Code Enforcement Board ("Code Enforcement") issued an Order Imposing PenaltylLicn (the "Order") on the Property due to various code enforcement violations ($100.00 per day . the "Fine") and the Order was recorded on April 24, 2000 in Official Records Book 3837, Page 766. of the Public Records of Seminole County. Florida., thereby constituting a lien against the Property (th~ "lien"); and WHEREAS, on Apri130, 2001, the City filed a Complaint in Seminole County Case No. 01- CA-970-16.K, City of Winter Springs v. AVA Anthony, Inc., requesting a permanent injW1ction for ahatement of nuisance on the Property (the "City Lawsuit"); and . WHEREAS, on May 10, 200t, the City recorded a Notice of tis Pendens. in which it ~ought the abatement of a public nuisance on the Property, in Official Records Book 4074, Page 1519 of the Public Records of Seminole COWlty, Florida (the "Lis Pendens"); and WHEREAS. on October 16, 2001, the City flIed a Verified Answer and Crossclaim in Seminole County Case No. 0 I-CA-21 05-14-L, D&F Financial Services v. A VA Anthony. ct al., requ~sring a tinal judgment of foreclosure in its favor based 011 the outstanding and accruing Fine (the "D&F Lawsuit"); and WHERi4~AS, on March 8, 2002 the Property came into compliance with the City's Code and an Affidavit of Compliance was issued; and WHEREAS, on June 14, 2002, Phelopateer submitted an application for Satisfaction or . Relea"e of Code Enforcement Lien, pursuant to City Ordinance No. 2001-62, with respect to the Lien; and WHEREAS, on June 18, 2002, the Winter Springs Code Enforcement Board considered the Application and recommended to the City Commission. that the Fine. be reduced to S10,OOOOO in ..-~, .. (/~1I43g\9019m~'H7~6\4 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:40AMj Page 3/16 exchange for Phelopateer's agreement to waive any vested rights claims that it might have with respect to the Property; and W UEREAS. on July 8, 2002, the City Commission considered the Application and reduced the Fine to $12.500.00, conditioned upon Phelopateer's agreement to waive any claims of vested rights to construct a gasoline station that it might havt: had prior to July 8, 2002 with respect to the Property; and WIU:REAS. Phelopateer desires to waive any claims of vested rights to construct a gasoline station on the Property that it might have had prior to July R, 2002 with respect to dIe Property; and WHEREAS. the City desires 10 discharge the Lis Pendens, dismiss the City Lawsuit, satisfy the Lien and dismis.<;,thc O&F Lawsuit with prejudice, NOW THEREFOIU:, for and in consideration of the premises hereof and of other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, Phelopateer and the City do hereby covenant, stipulate and agree as follows: I. Subje't to and conditioned upon the City's (i) recordation of a discharge of the Lis Pendens, (ii) recordation of a satisfaction of the {jell. (iii) filing of a dismissal with prejudice of the City J .awsuit, and (iv) filing of a dismissal with prejudice of the D&F Lawsuit, Phelopateer does hereby waive My claims of vested rights to constfu\.:t a gasoline station that it might have had prior to July 8, 2002 with respect to the ])ropcrty including, but not limited to, any vested rights which it might have under the "Site Construction Plans for Texaco," which were prepared by Kimley-Hom and Associates. Inc, in or about February 1999 ("Site Plan"), and filed with and approved by the City of Winter Springs, Further, Phelopateer hereby agrees that the Site Plan and any other permits issued by the City in furtherance of the Site Plan have expired and are null and void. 2 Simultaneously with execution of this Agreenlent by the City, the City does hereby agree to (i) discharge the Lis Pendens of record by properly executing the Notice of Discharge of Lis Pendens attached hereto as Exhibit "B"; and (ii) satisfy the Lien of record by properly executing the Satisfaction ofLicn allached herelo as Exhibit "C," and record both in the Public Records ofS~minole County. Florida. The City further agrees \0 (i) file a dismissal of the City Lawsuit with prejudice by properly executing the lJismissaJ with Prejudice attached hereto as Exhibit "D," and (ii) file a dismissal of the D&F Lawsuit with prejudice hy properly executing the DismissaJ with Prejudice attached hereto as' Exhibit "E," and file both with the Circuit COUfI of the Eighteenth Judicial Circuit in and tilr Seminole County, Florida, Additionally, the City agrees to execute other documents reasonably required to discharge the Lis Pendens. satisfy lhe Lien of record, and dismiss the City Lawsuit and the O&f Lawsnit. 3. This Agreement shall be binding upon and inure to the benefit of Phelopateer and the City and their successors and assigns. 4, City and Phelopalcer shall bear thejr Own attorney's fees and costs which were incurred in the D&F Lawsuit, the City Lawsuit, and in preparing this Agreement. OJ 84.1 lI\?O 190'J74756\4 .... . . ., 2 ~ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:41AMj Page 4/16 IN W ITNESS WHEREO~', the undersigned Phelopateer and Lhe City have executed this Agreement in manner and form sufficient to bind him as of the date set fonh above. Signed, sealed and delivered in the presence of: ~~e-~~N .. Name:.:1)'.b~1:JR.t; ~.!>"So ---"7--::> - -~___ Name:__~r'\Q..- .~~~ __"_ STATE OF FLORIDA COUNTY OF ~~. The foregoing instrument was acknowledged before me this '3" day of ~ +-. ..' 2002 by Kamil Gowni, as Member of Phelopateer, LLC. a Florida limited liability company, on behalf of the company. He is personally known to me or has produced '. _ __ as identification. (NOTA.RY SEAL) Not:r/~~~al~-- PHELOPA TEER, lLC, a Florida limited liability co&-y '-C-~~-~ By:_...-- -= _.__ KamiJ Gowni, Member . -....~~~.., ZAYNE L.l(eNN~Y . ~~W. ~~~"MY COMMISSJ()H, CC 838044 . '. 'J' EXPIRES: May 18.2003 . ~ ..,~. "flot;lJg~1lirUNGwyf'\tjl(;l"'lIf_ ....i..,-' " Typed/Printed Notary Name Commission No. :... My Commission Expircs:_... 0384311\1)0 19()\5747~6\4 ) Sent By: BROWNJWAROJSAlZMAN&WEISS,P.A.; 407 425 9596; Jun-23-03 10:42AM; Page 5/16 /~ JfI~. Name; 'b 1'7.'#<t' h(jH__€._~AIV~~/^) CITY OF WINTER Sf RINGS, a Florida municipaj corporation Hy: I~ (/, ti?:JA. ~ _____ Ronald W. McLemore, City Manager A Lit N;me:. --7<,-: I-o.....___!.~uk,-~~::~ I STA TE OF FLORIDA COUNTY OF ~~.1~ ,~.;; &.-.2 The foregoing instrument was acknowledged hcfore me this ,X'"'lt--day of . ~.rl?t1<~ 2002 by Ronald W. McLemore, as City Manager o.f the CITY OF WlNTER sPRiNGS. a Flu;i~ municipal corporation. on behalf of the corporatiot(. H!1'~he is I?ersonally known to me or has produced as identification.- ,"'- '- .... .,~; " " \ " " )' Lh' L . ~ Notary Public ig{iature (NOTARY SEAL) ~i:;,~~. ~~,-.l4'''\LG'\___ TypedIPrinted Notary Name - Commission No,; My Commi~sion Exp AN~R[A lORCNlo-l-tlACES .b'I)' COMMISSION " Cf 831831 EXP~r;: Mal' 9, 2003 '_SNOt",RV l'b "'::"<:~ "''-llllclt:Glng 00, 0384.18\?O 190\"4 7}('\4 ....:.,.... '4 ent By: BROWN,WARO,SAlZMAN&WEISS,P.A.j 407 425 9596; Jun-23-03 10:42AMj Page 6/16 EXHIBIT uA" Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet We:st of the NE Comer of Lot 51. Run South 720138'37" West 437.1 feet, thru North 17021'23/1 West 190.5 feet, then North 12038'17" East 493.41 feet, then South 198,65 feet to the point of . beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3701. Page 808, Public Records of Seminole County, florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 720:38'31" West for a distance of ~.J4 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to t.he centerline of Hayes Road as described in O.R, Hook 1042, Page 220, Public Records of Seminole County, Florida, for a distance of 186.80 feet; thence South 54"07'23" East for a distance of9.99 feet~ thence South 00053'23" East along the existing Westerly Right-ot:. Way tine of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNTNG. " (1)('Hg'90 J SlO\~7473(M -"~' ~ . ~ Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun.23.03 10:43AM; Page 7/16 IN TIlE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRClJIT IN AND FOR SEMINOLE COUNTY. FLORn)A Case No.: OI-CA-970-16 Division K CITY OF WINTER SPRINGS, a Flurida municipal corporation, Plaintin: VS. AVA ANTHONY. INC., a Florida corporation, Dcfen.~al1t I NOTre}!: OF DISCHARGE O}' US P};NDENS COMES NOW Plaintilf, Cll'Y OF WINTER SPRINGS, by and through its undersigned attorneys, and hereby discharges the Lis Pendens liIed in Lhi~ action and recorded in Official Records Book 4074, Page 1519 of the Public Records of Seminole County, Florida with respect to the real and personal property, as described on Exhibit "A" atta~hed hereto. The Lis Pendens /. -------.... has no force or effect whatsoever. Anthony A. Garganese Florida Har No.: 988294 Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Telecopier: (401) 425-9596 Attorneys fur CITY OF WINTER SPRINGS EXIUDIT "U" 03841313649S\5'1Ei?611\2 .{~,.(;::...:; :... ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:43AMj Page 8/16 CERTifICATE QE SERVICIJ I HEREH Y CER TJ.FY that a true and correct copy of the foregoing NOlice of Discharge of Lis Pendens has been furnished by United States Mail to: Gary Soles, F:squire, Lowndes, Drosdick, Doster, Kantor & ~uth Orange Avenue, Suite SOO, Orlando. Florida 32802, on this J.!ftt'day of. __... .2002. ---.... ......-.._.~-_. . 03R41.1\1l649~\~7G2611\2 -<,"\;...: :,:. Sent By: BROWNIWARDISALZMAN&WEISSIP,A.j 407 425 9596j Jun-23-03 10:44AMj Page 9/16 EXInBIT "A" Parts of Lots 30 and 51 plus vacated street between. Begin 25 teet Nonh plus 50 feet West of the NE Corner of Lot 5 I. Run South 72o:J8'37" West 437.1 feet, thru NOllh 17021 '23" West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 fect 10 the point of beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5. Page 9 of the Public Records of Seminole County. Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole COUllty, Florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51, Entzminger Farms Addition No.2, according to the plat thcreofas recorded in PIal Book 5, Page 9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of . 8.34 leet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole County, .F1orida, for a distance of 186.80 feet; thence South 54"07'23" East for a distance of9.99 feet; thence South 00053 '23" East along the existing Westerly Right-of-Way line of said Hayes . R()ad for a distance of 178.16 feet to the POINT OF BEGINNING. O:lll4 JJ\S649.S\\71S26812 ;.j,~/'. Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:44AMj Page 10/16 This in..\trumenl was prepared by and should be returned to: Gary Soles, Esquire Lowndes. Drosdick. Doster. Kantor & Reed, P.A. 215 North Eola Drive PO!;! Office Box 2809 Orlando, Florida 32802 SATISFACTION OF LIEN CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708. being the holder of that certain Order Imposing PenaltylLiell (the "Code Enforcement Lien") imposed by the Code Enforcement Board of the City of Winter Springs, Florida on April W, 2000, and recorded on April 24, 2000 in Official Records Book 3837. Page 0766, Public Records of Seminole County, Florida, with respect LO the real property described on Exhibit "A" attached hereto, in consideration of TEN AND NO/JOO DOLLARS ($10.00) and other good and valuable considerations. the receipt and sufficiency of which is hereby acknowledged, hereby acknowledges full payment and satisfaction of the Code Enforcement Lien and hereby directs that the same shall be and hereby is satisfied in full of record. TN WITNESS WHEREOF, the undersigned has executed this Satisfaction of Lien this J S-rh. day Of~, 2002_ CITY OF WINTER SP~N9S By:J?~L/. ?n~::? Ronald W. McLem('re,.(;itY'.Manager (Seal) EXHIBIT tiC" ... w ."~. 038413186495"76323\2 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Jun-23-03 10:45AM; Page 11/16 . . , STATE OF FLORIDA COUNTY OF '- ~:''''h.~;\.i'- .~. .'- . ~+L.. . The foregoing instrument was acknowledged before me this ~:2-. day uf <:~:;'J,x;..,;:.:.~_ .' by Ronald W. McLemore, as City Manager. of the <:.ITY O:t. WINTER SPRINGS, on behalf of the said municipality. He is\.personaUy known to me' or has produced _ as jdentilicat~n:,----'" , -" 0.:. ,:l:_6 L--.--....... ~ . .. . Notary Publi~ __ Printed Name: ANDREA LORENZ().LVACES C .. I ~.~1l31e31' My omnnsslOn " EllP~S: "'.,9.2003 "IIJC>>NOiAPIY Jla........ '"'"'"" l DoncItw Co. 038413\86495\576323\2 Jt;;.:'": ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:45AMj Page 12/16 gXHTBIT "An Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North pJus 50 feet W~Sl of the NE Corner of Lot 51. Run South 72038'37" West 431.1 teet, thm North 17021'23" West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 feet to the point of beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole County, Florida, more particularly described as foUows: Begin at a point 25.00 feet North and SO feet West (lfthe Northeast comer of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9. Public Rewrds of Seminole' County, Florida; thence South 72038 '37" West for a distance of 834 leet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book) 042, Page 220, Public Records of Seminole County, Florida, for a distilIlce of 186.80 feet; thence South 54007'23" East for a distance of999 feet; thence South 00053'23" East along the existing Westerly Right-of-Way line of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNING. 038413\!l(,4?S\57632312 Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407425 9596j Jun-23-03 10:46AMj Page 13/16 TN THE CiRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN ANO FOR SEMINOLE COUNTY, FLORIDA Case No.; 0 l-CA-970-16 Division K CITY OF WINTER SPRTNGS a Florida municipal corporation, ' 1'laimifT, vs AVA ANTHONY, lNC., a Florida corporation, ... ___. '" Defendant. I . NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE COMES NOW Plaintiff, CITY OF WINTER SPRINGS, by and through its undersigned attorneys, and files this Notice of Voluntary Dismissal With Prejudice in the above referenced oct;on f2~ __ Florida Dar No.: 988294 Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Telecopier: (407) 425-9596 Attorneys for CITY OF WTNTER SPRINGS EXfduIT hD" ;ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:46AMj Page 14/16 fERTIFICA TE, OF sERyrcF. I HEREBY CERTIFY that a true and correct copy of the foregoing Notice ofVoful1(ary Dismissal with Prejudice has been furnished by United States Mail to: Gary Sules, Esquire, Lowndes, Drosdiek, Doster, Kantor & R~'th Orange Avenue, Suite. 800, Orlando, Florida 32802, on this ~ay of __' 2002. li- ~/- ---- y( ------,- ~ . -- Anthony A. Garganese 0384 I J/R64?5/576ZS0 ',,,c:."", . ',' 2 lent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:47AMj Page 15/16 . \ IN THE CIRCUIT COURT OF TI-lli EIGHTEENTH JUDICIAL CIRCUIT IN AND I;OR SEMINOLE COUNTY, FLORIDA Case No.: Ol-CA-2105-J4 L o & F FfNANCIAJ., SERVICES, a general partnership. . Plaintin: VS. AVA ANTHONY, INC., a florida corporation; CITY OF WINTER SPRINGS, a Florida municipal corporation; VEON & SONS CONSTRUCTION, INe.; a Florida corporation; MOnV A . ENTERPRISES, LLC, a limited liability company formed under the laws of Delaware; KAMIL F. GOWNJ, an individual; GEORGE R. MANSOUR, an .individual; and UNKNOWN TENANT(S), _._". Det~ndants. / NOTICE OF VOLUNTARY DlSMJSSAL WJTH PRE.nJDJCE COMES NOW Dcfcudant/Cross-PlailltitT, CITY OF WINTER SPRINGS, by and tluough its undersigned attorneys, and files this Notice of Voluntary Dismissal With Prejudice of :~e~:~:::'a~::.~e~:e:::::'PRJNGS, croz a~nst Defendant, A V A ANTHONY, L~ , -" Anthony A. Garganese Florida Bar No.: 988294 Brown, Ward, Salzman & Weiss, P.A 225 E. Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Tclecopicr: (407) 425-9596 Attorrleys for _ CITY O:F WINTER SPlUNGS :.:'1" 0_\ tXfflBIT "E'~ )ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-23-03 10:47AMj Page 16/16 CER T1FICI\TE OF SER.YICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Voluntary Dismissal with Prejudice has been furnished by United States Mail to: Mark S. Reisinger. t:squire, 20 North Eola Drive, Orlando, Florida 3280 I; Lennon E. Bowen. III, Esquire, Bowen & Campione, P.^-. 600 Jennings Avenue. Post Office Box 926, Eustis, Florida 32727; Jaine..~ R. .MitcbelJ, .li:squirc, Baker & Hostetler, LLP, 2300 Sun Trust Center, 200 S. Orange Avenue, Post Office Box 112, Orlimdo, Florida 32802-0112; Robert F. Vason. Jr.. Esqujre, Post Office Box 1430, Mount Dora, Florida 32756; First Unknown Tenant, El Filling Station, c/o RonaJd Diaz, owner, 846 East Sth Avenue, Mount Dora, Florida 32757; Second Unknown Tenant, c/o Mafiah'~ Detail, 504 N. Highland Street, Mt. Dora. Florida 32757; Wadi A. Makar, 211 Coral Sands Drive, Rockledge, Florida 32955; and Gary Soles, Esquire, Lowndes, Drosdick, DostekA_ Kantor~ ~d "' 450 Soulh orange Avenue, Suile 800. Orlando, Florida 32802, this~ T'\ day oK.c , 2002. ~l . .-- L>---- --- Anthony A. Garganese 038' 43/86495/')76134 ,.-, 2 ." . ". '. ~. ,...... . POTTER CLEMENT LOWRY & DUNCAN ATTORNEYS AT LAW TRUST ACCOUNT 308 EAST 5TH AVENUE MOUNT DORA, FL 32757 4932 63-4311631 PAY b~~OF City of Winter Springs DATE July 30, 2002 I $ :.1.2, 500 :O~. Twelve Thousand Five Hundred and OO/lOO------------------------------------OOUARS-- THE FIRST NATIONAL BANK MOUNT DORA, FL 32757 tD S.e..,lt, F..t..,.. , 0.1.11.... e.et. Phelopateer ""......,.. A---.~ '----y c...~ .\........ .~.~~ O. . ..03111 M' 11100 .... ~ 3 2111 ""I: 0 b 3 .,0.... 3 . 21: ..... .: . :~ . .' '. . . .. '. .. . ,. . . .. (' .. rvJV ."~ .., e r;l- 3511 /') '***LIVE***REFRESHED 89/28/92** "ISC ..t'. KISCEllANEOUS' CASH RECEIPTS . . Date 1 Tile : 89/25/92 11:35 PaYl~nt . :$12,599.89 Receipt' : 29b383 Check I: 4932 Clerk '. : dascano . . Paid By : POTTER CLElfEHT LOWR . T ~ : :.::': .;. ..... ' : . . , .' " .' .' " ,,;.'::. . . ',.", . , ATTACHMENT F " CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 17,2003 (pOSTPONED FROM JULY 3, 2003) I. CALL TO ORDER Chairman Thomas Waters called the Regular Meeting to order Thursday, July 17, 2003 (postponed from July 3, 2003) at 7:01 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 3270_8). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, absent Board Member John Herbert, present Board Member Sharon Tackaberry, present The Pledge of Allegiance followed. II. CONSENT AGENDA CONSENT A. Approval of the June 5, 2003 Regular Meeting Minutes. Chairman Waters asked the Members of the Board for a "Motion to accept" the Minutes as presented. "SO MOVED". MOTION BY BOARD MEMBER TACKABERRY. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MINUTES WERE APPROVED. MOTION CARRIED. & .s ~ : ::~ I ...J · ...J ::.AJ .. - -~ L......J '--' CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - IUL Y 17, 2003 (poSTPONED FROM IUL Y 3, 2003) PAGE20F5 III. REGULAR AGENDA REGULAR A. A Request by Attorney Bruce Duncan, Agent for A VA-Anthony and/Or Kamil Gowni and/Or Phelepateer LLC, For A Variance From Section 20-418. Of The City Code Of Ordinances (Ordinance Number 2001-13), To Allow A Gasoline Station To Be Constructed On A Site Within 350 Feet Of Another Existing Gasoline Station Site Or Within 350 Feet Of Residential Property. Mr. John Baker, AICP, Senior Planner, Community Development Department presented the Agenda Item; addressed the "Six (6) criteria"; and advised, "We as Staff do not find that the request meets the six (6) criteria". Attorney Bruce G. Duncan, 308 East 5th Avenue, Mount Dora, Florida 32757: presented renderings of the proposed gas station; provided the Board with the history of the project; and rebutted Staff's findings with regards to the "Six (6) criteria". Attorney Duncan advised the Board, "There are additional concessions that are in the works based on some comments that we have had with Mr. McLemore [City Manager], in some of our Meetings leading up to this - this hearing tonight." Vice Chairman Jack Taylor questioned, "What are the additional thirigs - you did not expand on them, the additional things that you are talking to Mr. McLemore about?" Attorney Duncan responded, "One (1) of the things as I mentioned is the canopy that sits over the pumps itself that allows you to drain it - instead of a flat roof. We are talking about a - sloped roof so that it looks more like a house when you look directly onto the site. Mr. McLemore indicated that he had seen some of these up in Georgia and found them to be much more aesthetically pleasing and he asked Mr. Gowni if he would agree to do that. Mr. Gowni said yes he would do that." Vice Chairman Taylor asked, "Was this recently that he said this?" Attorney Duncan said, "Yes Sir, this was a month ago. Mr. McLemore actually talked about next time he was in Georgia he would take photographs of that particular station for Mr. Gowni to look at and - give it to his Architect or Engineer so he can make arrangements for that." Vice Chairman Taylor further asked, "Basically what you are asking for tonight is a Special Exemption and basically it puts you back to where you were before you gave away your Vested Rights." Attorney Duncan said, "That is correct Sir." Vice Chairman Taylor asked, "Are you planning on giving back the City the $63,000.00 dollars that they forgave you for?" Attorney Duncan responded, "No Sir. We do not have any intention on doing that." Chairman Waters spoke for the re~rd regarding gas stations. .. Discussion. . I . ~ j:)- · ....J · ...J ~ -= ~ ~ L--..J '--' t-! ::r-= I ~ I CJ Mr. eM. Crawley, Hacienda Village Homeowner's Association President, 206 El ~ . Camino Real Circle, Winter Springs, Florida: read and distributed a letter of opposition IlL .. for the record. ~ L....J '-' , CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - IUL Y 17, 2003 (poSTPONED FROM IUL Y 3. 2003) PAGE30F5 Ms. Antoinette G. Jardin, 15 La Vista Circle, Winter Springs, Florida: suggested that said property should be required to build a Masonry Wall at the property before any site work is started. Tape I/Side B Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION TO DENY THE VARIANCE FOR A SPECIAL EXCEPTION AND PASS THAT RECOMMENDATION ON TO THE - WINTER SPRINGS COMMISSION FOR THEIR ACTION." MOTION BY VICE CHAIRMAN TAYLOR. MR. BAKER STATED, "THIS WOULD BE A VARIANCE NOT A SPECIAL EXCEPTION." VICE CHAIRMAN TAYLOR SAID, "IT IS A REQUEST FOR A VARIANCE YES - I STAND CORRECTED." SECONDED BY BOARD MEMBER TACKABERRY. DISCUSSION. VOTE: BOARD MEMBER HERBERT: NAY "Point of Drder" was stated by Chairman Waters who stated, "By voting 'Aye' I am voting to reject the application. " CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER T ACKABERRY: AYE MOTION CARRIED. REGULAR B. A Request By Richard Gudenkauf For A Variance From Section 20-486. (please See Ordinance Number 2000-17) Of The City Code Of Ordinances, To Allow An Existing Non-Conforming Sign To Remain Within The State Road 434 Redevelopment Overlay Zoning District. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING-JULY 17, 2003 (poSTPONED FROM IUL Y 3, 2003) PAGE40F5 Mr. Baker introduced the Agenda Item; clarified that "At the very bottom, under considerations, 'Eighteen (18) feet from the back of the curve road' - I did make a mistake there, I put 'Face of curve' versus 'Back of curve"'; and informed the Board that "We [Staff] do not believe that the Variance request meets the six (6) criteria - financial hardship does not constitute a hardship in terms of granting a Variance." Discussion developed. ,Mr. Richard Gudenkauf, 155 West State Road.434, Winter Springs, Florida: requested the Board Members allow his non-conforming sign remain on State Road 434. Mr. Steve Perlman, 195 West State Road 434, Winter Springs, Florida: spoke in favor of the Variance and addressed the six (6) criteria. Ms. Joan Gudenkauf, 155 West State Road 434, Winter Springs, Florida: was in favor of the Variance but did not verbally address the Board. Discussion. Vice Chairman Taylor spoke of the adjacent property owners "Pole sign" that is not in compliance with the City Code and asked, "Mr. Baker what is the status of that?" Mr. Baker said, "Since we sent out the letters in February we have not heard anymore from them. I do not know if they have been notified by Code Enforcement or not." Vice Chairman Taylor said, "Could we make a note just to check on that?" Mr. Baker said, "Yes Sir, we will. I will report back to you at the next Meeting." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUEST BASED ON SPECIAL CIRCUMSTANCES, AND PASS THAT RECOMMENDATION ON TO THE WINTER SPRINGS COMMISSION FOR THEIR APPROVAL." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. Mr. Baker asked, "Can I get clarification, are you addressing the sign as it is, both the copy area as well as the setback?" Vice Chairman Taylor responded, "Yes. I do not believe changing the copy area would make that.much difference in the sign. The sign would still be there." VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: NAY BOARDMEMBERTACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. - I ~ --: ~- I ..J I W ~ ~ := L....~ L .JI CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - IUL Y 17, 2003 (POSTPONED FROM JULY 3, 2003) PAGES OFS IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS No Reports were given. VI. ADJOURNMENT "I WOULD LIKE TO MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 8:27 p.m. RESPECTFULLY SUBMITTED BY: HOLLY UNAPPROViOSTANT TO THE CITY CLERK; AND NORMA PARDO ASSISTANT TO THE CITY CLERK City C1erk/Boards and CommitteeslBoard of AdjustmetlallllMINUTES071703 REGULAR.doc. NOTE: These Minutes were approved at the , 2003 Board Of Adjustment Regular Meeting. TRANSMISSION VERIFICATION REPORT TIME 08/04/2003 09:38 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 08/04 09:37 94073245731 00:01:41 05 OK STANDARD ECM Date: 081103 This Petition was handed out on 08/11/03 for Regular Agenda Item "A" by Mr. Duncan. .. Jul ~5 ~003 11:16AM POTTER#CLEMENT~LOWRY#DUNC 3523830087 ..P~._. PETITION We, tbe undersigned residents of tbe City of Winter Springs, support tbe request to grant a variance to allow for the CODstrudion of a gasoline station and convenience store at the Southwest corner.of S.R. 434 and Hayes Road. NAME ADDRESS CITY I, ~~~~~ ~~5 ~ :=-;: ~~ca ~f~ F~ z. , 1'1' ,,; <:.t ~r <. . 'J:: ~ r;'. c 'H. - n f w: ;- fy ~2'J,,(} 3'~ ~ .b 71 B(E'~:;: ~ \~5"frFl- 4.' - - -:.i~ .i ~ ~ 6 1) 1".-: - ---- -. - .J:I_ I ~R s f~ n s. -UO-e 30 d 1I 81 e.e.P' -6 'J:=j -5 '131 e~, ill' (;,< I 00 F \ J ,'",82. ') ftJ-t-l. :~rr;;f~~1:'~~(~;~!V~r;:t{~tJ~:;;t . 8,,'~ I,( e 1 0", ~ \'1 at (J 1.J . fA5. B V;.//f E,'m I ~;r \i.l ~l<" 6~> f "II,!" 9'~~4f')pj4 1 M cI{!.fj V/4I)lIJe'/tt -91 13 u....,v,wnN IMP"" "';P,4'St'J f' . lij.1t~6 : ~~) f:;~ ;~ i!f~~~W'~f/2 ~~ 11. un ';q ~ 114 _ " _ ... fy" ~ ~ ~,' 'rjJ VJln( J! >!:P !Zoo 7 . V 'df <;r~ (J 13. b 7 t~rG/1. sllf 14. I -1!(l. ~ "i1'-as I/'C- 15. .\~f2. '?2r~ 16. . J,: r.&'A!j-;S/z ~290i ~ ~290g- . ~}J 17. 18. ,. ,'i" .f:"~_....____. PETITION We, the undersigned residents of the Cit,y of Winter Springs, support the request to grant a varlance to allow for the construction of a gasoline station aud convenience store at the Southwest ~orner.or S.R. 434 and Hayes Road, .NAME ADDRESS CITY \101 .3"t...... ~ ill I 1.,l<jGK A (Z:"rA...../D \ LIP TA V~ SioC!c lr:r.> P w/^-'7(;!L S'~/L/_crl F l 2. ~'U . $O~ S:~~Ck.' tM'vJ~[~~, 3~. 51~~. ~~~~ 4: ~- / !brtl(fv //If ,\ .~_ 'RL-$Jt ~-W-~ s.-J2illG. JlJ~~C~j/Vlft~)~\L, Sl~ 6IeVlh~jvvdtf/ LtP7~ p7] }6)) 6. 70ul { LlrJdl'J ((..-aWe). .tgo ?>Le'V\~""~~f ~;.,'/G"e Sf~ fl.- Q .' . 0 '12.1()V 7.-A1 So~ . ~3Z D..&"..k(,;' {,,;j? ~\'C"\~12 )fC). 8~~-j . .i'bh 1'1 ) ~~~' ~ \ e, &~1:)~'; . ~131 P~~JlI~~ lO~~P~I.J'~:;(pf :~'"A:rf ~ 9, . '~' \~ ~ " ,--- .,' :r: . r/cSr'o - L- ID. ~ ~ i~ ~, --~ 4l3'e. - ~ -;--- ~,\_)0?f2.1j (I 1l.~'~:~~t;:~q~ :a~ ': ~~~5fO F 12.' '^IN: n _ ~l ~ );,,,4 ,~ _,: 1'1 -9 C:'&f F'- '3Z.1o~ I . . I s'-rel? 13.:::::;:ro ri 'r/irC\ ~) e 5 r; IJ 2. g tZ,lu;'", ( oo? ~I v.1'fli/l 'i P.Y FL.. 'B . 14:::f'"d,t2~ ? ;(o?C' ~~S b1Jq ~t:.,,"1. / t?f'w<~;r,e ~ ~. ::: . ~ ~ .... ~~, - ~~~;f~ I ~iz. ~ ~ ~~ ~ :' 3?~(JD 17.1t~ '~~~ ~ ~ ~G @- ~ '\1 ~~~129m/~Sd' 18.. -, ~ ^~ - _ "v.~: __ Su . - n_~e:(L IPd rfl . i I Jul c5 C003 11:~6AM POTTER#CLEMENT~LOWRY#DUNC 3523830087 ..f:'~_._. ~ PETITION We, tbe undersigned residents oftbe City of Winter Springs, support tbe request to grant a variance to allow for the ~ODstru(tion ofa gasoline station and convenience store at the Southwest ~orneJrof S.R. 434 and Hayes Road. NAME ADDRESS CITY 1'~~~~Qd4 . ?1j[)~..J,&-<L~ l.<);Jcl2~f~ FI- z. _ _ __ ~ ~J.S_ut.f2fd <L ? I '1 ""8 leI' 1M" 1M I o~t?- . 1J}:..r ~.;g.r; ~ '9'1',,';; 3. '>-rll-N Hd:I!:.~ 15. b 71 BLE-'II:: (0 ~ \~~-(6t6"fr'fl- 4-/lCf W7J {;;;fJeta.,J (/ V 6 'iW ~.~' loa o:J -~tC>S f1J (: t S'Uoe 3(YOj/;,lBleer2 6'1:]-5 ~lf'1I1hR(~4) 00 P \J~\.{\az 5f'n~ o 0" ~ . 6..1::l~~~~a~ C5cr BIFrlft"')l1 I.Mf \,(ji,"'17'tSf'c1 7. ',--L-;---Y-.-\ "I!(!,e~/ej Gr:t( B ~fhe'tjM ~/Hi!):or; 8. . Vv'H I< e 1 0", # 'AOl rx14J . fA-5 13 V~fiE,'iJ'I I~;r v) ~"'6~>f fllef 9. . # VIti tlr1JeJ r; 71 13 l tFf1I flG};fl1 IMf~ I V\\:Pfi1Sf fL . ;;:Ie!io I u~ II~'R fy~r~ ~~l~~):;;if!n;;~~ ~~ ::: . . . ~k~ i~~ ~/lf;;~r:Ji~f:d;A~S~~~ 16. A 4(, (j #(' rP ~/;/ ~ \,' ~ .j,: ruA1I'-/~ e~/ .& / v " "r,'777 if::t:7" Of .. .,) ~ U ~290(J 17. s...4.'{--, 1f(7C'w. ' 'd '" 52. 1-C' a- .18.:(ltrtttC/1! f;tHf~}J .r:"~~..u___, :' PETITION We, the undersigned residents of the Cit)' onVinter Springs, support tbe request to grant a variance to allow for the construction of a gasoline station and convenience store at the Southwest ~orne:rof S.R. 434 and Hayes Road. .NAJ\iIE ADDRESS CITY \101 'J"\... '") ~ ~IJ I 1,'!<IGK A (Z.IA.vO I Ll~ TAve;s,oClc. lsf.>(> w/--.r7(;fLS'P/l-/_Cl, f\.. 2. SIV . SO~ ~Rt)~Ck( W';~-~~, 3. ~ 513. ~ ct:. - (.lj~kLs.r)"1> 4. ~ }~fPv Ie4 6~~1V 1lI/~~ ~,w6Jj 5.~ !2 V\ cJrc~'Vj/tl~",C\,~ G I ~ 01 eVlhO;IVVjlcrl' /.to? - )77 /6)) 6. ~ul I l;fI!~~(?_aW~"t'3o !3L,,,,",;1"1L...1' \Il;.-rG~ <'f~~:9''6 7.--A-L S()~ . ~32- ~,a~.k(:/~ l ,,;j/ \__~I'C"\~12 S'fC). 9:~~e' M.O~ k~G ~~ - \~:tc ~q~-w.;ZJ;%i 10.~~ S"d fAl ~', .'3ie. -1 - - -; -(!~(il7tf2.1J PI 1l.~'~. _ _ /'IN -13~ ~a.,k("..f iulW)~/(/5fO F ~ 12. ." }v :. 1 ~ L!O i3lfj<J/1,;m L~~rJ e \jl('lt\rtY"/2. S'IPJ2/~) Fl.- '3Z.1ci . . I S'-re~ 13.=::;j'O 1'1 '~Iir c, ~ Ie 5 ~ ~ '} E rZ.1u;"" I f6( tv: vi1lf& ~ P (( F L. - g - 14.~Mlf ? ;Co~~ S:;lH~5 bYjq B/e41te/?1!J/t7f?W<:'J;~~1;: 15.::::re~9 EJ"'eRh 507' 5ftGECt2c!Ef(JJJ11-1. ~~<V 16'-M-- &7~ Sel~CRee~l.hrq2.~fc/'l 0 17. y((; \'.<{!; :J:fO~~~~~ ~G ~~:f'\~~~~129~~;~l 18.~(2.'S\I",,~ /.~f~--. SG----4 -- ~Gr'LSPd ft. _ . l Jul Z5 Z003 11:~6AM POTTER#CLEMENT#LOWRY#DUNC 3523830087 ..p.~._. PETITION We, the undersigned residents of the City of Winter Springs, support the request to grant a variance to allow for the construction of 8 gasoline station and convenience store at the Southwest ~orDe]rof S.R. 434 and Hayes Road. NAME ADDRESS CITY I, ~~~~ . ?o5.(S t:."J,"AM t~ l.rJi.-ria )f~ Ft. z. f\:'~ : . v Is. 4' e. ~ I '{ "B} {,. 1/,;;/ ~ i o<.-e. . Ill,'..., ~Il- <; f;r '<tl'l",'l} 3. 91"11-1\1 HI1:HIS. 67/ Bt..~'I/:~ (o~ :~~-0.R6"€rfL- . . ..i r;V6 1JJ[.-.~' loa ~-~RSf~r:1 s.Uo-e 3o<?J!l8)ee~? 6'1:] -5 '\3l €-v1 h e(~-t ) 00 P \J I'W\fn Sf()rt=L o 0' ~ . ~-1;I~~I:g~~at1 ?'3q BrrJft~rl14 leap \<J;,.,'f~:t . . Z. ,H "i2d~lej ~r?- B rl4fhef4M WIu'H~ 8.. \AAi \< e 1 0'/1 <4Y 'f\Dl !J.1,J . f>:t5 13 V.,if liE ,'1/4 I~;r ~u r,,'16~} t f'lld" 9'~)Pr11 f.f(/flf} 149!1f1JeJ //11 )!..ltF,v#$JM 1Mflil,,,J,11SP/j fL . ;;:Te;el" 1 u~II:~I~ jy~J~ B~~~~):;;:jl;;~~ ~~ ::: , . . :SK? ii~ ~/lf;~r:Jl~~(';;;~~sf,~~ . r ~, ~~ 16. ,. i~ CI.J?(/ fP ~').4 \ " J,' r~RJ ) .JI. .& / v ~ / TI"177 J't:(:;7l ~f .. . - . ,l,.. ~290(J 17. Sr",;tf/{-, tf~a.'AI " 'd I '" '52..'1(7 g- .18.:(;trLf;!;Cf,tl f;t~-+t}J .L...:..:::._....___. PETITION We, tbe undersigned residents of the Cit)' onVinter Springs, support the request to grant a variance to allow for the construction of a gasoline station aDd convenience store ae the Southwest (orneJrof S.R. 434 and Hayes Road. .NAME ADDRESS CITY \101 .J'\.........viill L '/< J GK A (l.1'.A.../~ \ L I ~ TA ve; S,OClc. U:P P L..N.,..,.7(;,IL SP/I../.-C'l. f \.. 2. ~ I V S 03. S:Rtj~ c.t-( ~,'Vvkr~~, 3. ~ . '5"13, ~ C}. . (.l)"b-,.)~ 4. ~ Ibtilv !df: 6~~1t /iJ/ife?~ ~~~ s.-J2lYlG ,u~cAC~1/\1~~)Gv\L- Gl~ Blevth~jvvtfetf Lt07- 3}7 }6)) 6. ~uL I LlrJd4-f{,aijhf,<3o '}3L",I.,;1"JL",,1' W;.-rG,.e Sf~~~9.\l 7.-A1 0a-r; . ~3Z D,{l'lAkt:,;'II1;? ~1~~12 ')fC). ::~e 'M,O~ ~I~~ ~~ '\i1ttfi~f;;;J;tz 10.~~ So. J II~ i. lOie, '.t3,e- .'1.. ~" /l ~(Ii7?(2Jj (I 11.~~~.. ,NN~3~ ~a<'Ad-wf l~kJ''4ftl5fd FI- ~ 12. "Ay....,' '(; L/O 8If1~hl;t,*, II>H"!l e \.\}l'il\f"'iYf2.. )IPal;'&> PI- '3'(.10 I . . I s"~.:re\? 13.::::lo ri '~Itr c, ~ J e 5 ~ ~ 2 g r:Z.lu;',,, llK',f L~I v11l;4 ) P'y F"'. 'B . 14~&;2~ :!-o~e ~105 6Z;~ ~~..o/;!tJf'W<~f;;'l~1V IS'=9aUClrCh 502' S4GCCtc?c-'t-r:--wl'l1\ER~<y 16.~ ---. ~;57~ ~ ~ZfCI2~ee~)kJJJ~, 1\t11e:~~')f6 f~~~ 17. , '. . ~ ~G~ ~ '\1 ~~..t29fr.?"~SQ 18'~r2 ,'<;11' \lie. < n __..1~ .' . S G E .. (~~'GYL IPd ref!. . i I \9.r~",_ ,;;~. ~ ,-;.~ ..:;:.~-k.L:'" ~':J':: ,:it1 ','~.,l !l[ 4 1., f , ., :~. ~.&... I ,. . : ~'. ....~ ~ -- -fA . , "~ .',' ~ II ,.:,~ , 1 L~ i:~ 1t;/i'- .,~ ,;, c ,. ....... ;~~"; ". ..~...., l:~ ::".r: ,. - " . . r~ :~~:G <:N:~'~ '~!.l .:.~'. "~'.' ~;:.,:~ .:.-:~f;,~""'I.'>;..\-t;." ",,,'" ., '~ {" .1',. ,,::.1 , ...~ ... .~ .~. d ._ Jtf,.,.".;:1: , ~ :i ~.. '~... 'i' ., f .; .' " ':i ~ ',. ~..~~ ..1 ...:.':, i 1:. ~. ~:;: , :) ~~~~~'~~~J. '>~, ~\ ''-1) ) ~J ~ ,-::: } M dJ~Z~ ,-> := '1 4 ~ 1-[ t ~ ~c}-t ~ ~11ft~ ....: ~,~~:?tle$r~~:n~i;~~t;;;J\;:'~ . ..' .- :i~:/\~.'~::'.~:..-~~1.\~fz~gs-P&~d r&:~; .~;ii;:::'."~~!Iif~:j!~~iiJ,;~~,:f:;' .;'~,j. >:- ~,' ..... :, .... ..' ~:. .". ,.;.j .<::,.. . ".~.\. ~ :~.;. '1I!~:L. 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