HomeMy WebLinkAbout2003 06 23 Regular D Amendment to Existing Development Agreement for an Automotive Repair Shop
COMMISSION AGENDA
June 23. 2003
Meeting
Consent
Information
Public Hearinl!
Reeular X
ITEM D
MGR. jl/"' /Dellt. ~
REQUEST:
Community Development Department requesting Commission consider and approve an
amendment to the existing development agreement for an automotive repair shop on a 1.36-acre
parcel along the south side of SR 434, just east of the entrance to Tuskawilla Trails.
PURPOSE:
The purpose ofthis Agenda Item is to request that the Commission amend an exhibit depicting
allowable signage at the Winter Springs Automotive repair shop, as set forth in the existing
development agreement. The amendment does not propose any changes affecting construction
and/or operation of an automotive repair shop along SR 434, within the Town Center.
APPLICABLE LAW:
Section 166.021, Florida Statutes.
(1) As provided in Section 2(b), Art. VITI of the State Constitution, municipalities shall have the
government, corporate, and proprietary powers to enable them to conduct municipal government,
perform municipal functions, and render municipal services, and may exercise any power for
municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
political subdivisions.
Town Center District Code.
Binding Development Agreement
June 23, 2003
Regular Item D
Page 2
FINDINGS:
1. The development agreement and the proposed amendment are authorized pursuant to the
Municipal Home Rule Powers Act, as provided in s 2(b), Article VIII of the Florida Constitution
and Chapter 166, Section 166.021, Florida Statutes.
2. The development agreement and the proposed amendment are consistent with the City's
Comprehensive Plan and Code of Ordinances.
3. A special exception was approved on October 22,2001, and was replaced by the existing
development agreement on June I 0, 2002. This Binding Development Agreement included
Exhibit B, which depicted the proposed fa9ade and signage.
4. The existing development agreement (with signage exhibit), the applicant's proposed
signage, and the alternative recommended by the staff DRC are provided for City Commission
consideration.
CONSIDERATIONS:
As the applicant has proceeded with his site plan, he has realized the need to amend the existing
development agreement to allow for more realistic signage. The alternative designs are provided
for City Commission review and consideration. The staffDRC has reviewed these proposed
alternatives and has made a recommendation - a different recommendation than that preferred by
the applicant.
RECOMMENDATION:
Staff recommends that the City Commission approve the signage recommended by the staffDRC
(Attachment C) as the new Exhibit B to the existing development agreement.
ATTACHMENTS:
A Development Agreement.
B Signage preferred by applicant
C Signage recommended by staffDRC
D Other alternative signage
COMMISSION ACTION:
2
,.........,......... .,.,.
ATTACHMENT A
MARVANNE MORSE, QERI< OF CIRCUIT COURT
SEMINOLE axmv
Bf< 04450 PG 0328
CLERK'S # 2002902560
RECORDED 07/01/2002 04:21:36 P"
RECORDING FEES 69.00
RECORDED BY S O'Kelley
@J
Prepared by and Return to:
Anthony A. Garganese, City Attorney
Brcmn, Ward, Salzman 8. Weiss, P,A.
225 E. Robinson Street, Suite 660
P.O. Box 2873
Orlando, FL 32802-2873
Parcel 1.0. No. 36-20-30-502-0000-0010
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT is made and executed this JL ~
day of -:r- ~ 2002, by and between the CITY OF WINTER SPRINGS, a Florida
municipal corporation (herein referred to as the "City"), whose address is 1126 East State
Road 434, Winter Springs, Florida, 32708, and the owner of the subject property, JOSEPH
M. MIRANDA and ZELIA M. MIRANDA (herein referred to as the "Owner"), whose
address is 1417 Lambert Street, Deltona, Florida, 32725.
WITNESSETH:
WHEREAS, Owner owns certain property located in the City of Winter Springs,
Florida, Town Center District, and legally described in Exhibit "A, II which is attached hereto
and incorporated herein by this reference (herein referred to as the "Subject Property");
and
WHEREAS, the City Commission at its regular meeting on October 22, 2001,
approved a special exception to allow an automotive repair facility at the Subject Property,
subject to the seven (7) conditions set forth in the City Commission agenda item for the
special exception and also subject to the approval of this development agreement between
the City and Owner; and
1
FILE NUM 2002902560
OR BOOK 04450 PAGE 0329
WHEREAS, the City Commission of the City of Winter Springs finds that this
Agreement is consistent with the City's Comprehensive Plan and land development
regulations and is a legislative act of the City Commission of the City of Winter Springs;
and
WH EREAS, the City Commission further finds that this Agreement promotes the
public health, safety, and welfare and is consistent with, and an exercise of, the City's
powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of
the Florida Constitution and Chapter 166.021 J Florida Statutes, and the City's police
powers.
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, the parties agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
2. Authoritv. This Development Agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act, and the Code of Ordinances of the City of
Winter Springs,
3. Representations of Owner. Owner hereby represents and warrants to City
that Owner has the power and authority to bind the Subject Property and execute, deliver
and perform the terms and provisions of this Development Agreement, has an equitable
or legal interest in the title to the Subject Property, and has taken all necessary action to
authorize the execution, delivery and performance of this Development Agreement.
2
FILE NUM 2002902SGO
OR BOO<< 0~~50 PAGE 0330
4. Approval of Special Exception. The City hereby reaffirms that a special
exception to allow an "automotive repair shop" has been approved by the City commission
on October 22, 2001, for the Subject Property, subject to the terms and conditions of this
Agreement. Owner acknowledges that if this Agreement is ever terminated, the special
exception shall be deemed null and void and the use of the Subject Property as an
automotive repair shop shall no longer be permitted, unless otherwise approved by the
City Commission. The automotive repair shop shall be strictly limited to only routine
service as more particularly described herein.
5, Town Center Acknowledgment. Owner hereby acknowledges that the
Subject Property is located in the Winter Springs Town Center and is subject to certain
unique regulations. These regulations are designed to ensure that all structures and uses
of property located within the Town Center are developed and maintained in a high-quality
condition that promotes the Town Center vision and character set forth in the City's
Comprehensive Plan and Code of Ordinances. Owner also acknowledges that any use
of the Subject Property that is inconsistent with this Agreement and the Town Center
regulations is detrimental to the public health, safety and welfare of the citizens of Winter
Springs. Therefore, Owner hereby agrees to abide by all provisions of the Town Center
Zoning Code and Comprehensive Plan provisions and all discretionary City approvals
granted under said Code and Plan, as may be lawfully amended from time to time.
6. ,Use Restrictions. Owner agrees to fully comply with the following use
restrictions on the Subject Property:
3
FILE NUM 2002902560
OR BOOK 04450 PAGE 0331
6.1 Hours of Operation/Noise. The hours of operation of the automotive
repair shop shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through
Saturday. Owner shall take all reasonable and necessary steps required by the
City to minimize noise impacts on surrounding properties. No activity on the
Subject Property shall produce any unreasonably loud, disturbing, and/or raucous
noise, audible from surrounding properties, at any time. Emergency towing is the
only commercial activity allowed at the Subject Property between the hours of 7:00
p.m. to 7:00 a.m., Monday through Saturday and all day on Sunday.
6.2 Siqnaqe, Signage must conform to the Town Center requirements
and shall be limited to that depicted on Exhibit "B," which is attached hereto and
incorporated by this reference.
6.3 Vehicle Storaqe/Screeninq. Vehicles awaiting routine service or
repair must be stored in the rear of the site and not be visible from the public rights-
of-way. Garden walls, fences, or hedges may be used to screen vehicles from.
public view. A 6-foot tall masonry wall shall be constructed and maintained along
the entire rear boundary of the Subject Property. The height of said wall shall be
measured from ground level and the masonry materials and design of the wall shall
be subject to City approval. The Subject Property shall not be used as a towing
storage area (no wrecked or stored vehicles will be allowed). There will be a
reasonable limit to the time a vehicle may be kept at the Subject Property. Tow
trucks or similar-type vehicles shall not be stored or parked overnight on the
Subject Property.
4
FILE NUM 20029025&0
OR BOOK 04450 PAGE 0332
6.4 Use Restrictions. On-site work shall be limited to minor automobile
repairs and express lube'. There shall be no retail sales of automobile parts or
accessories. Allowable minor automotive repairs uses include express lubrication;
other automotive fluid changes or additions; tune-ups; timing, carburetor, clutch and
other various adjustments; changing clutches, head gaskets, shock absorbers,
struts, starters, alternators, water pumps, radiators, hoses, belts, windshield wipers,
and similar other routine service items. Major engine or transmission work (e.g.,
overhauling or changing engines or transmissions), frame straightening, paint
and/or body work, and similar major service items shall be strictly prohibited.
6.5 Building. The building located on the Subject Property shall be
constructed to be 2-story in appearance, or in fact, with all four (4) sides of the
building, as well as the wall(s), substantially consistent, architecturally, with the
facade substantially in conformance with Exhibit "B," which is hereby incorporated
herein by this reference. The building may house a maximum of five (5) "service
bays," three (3) of which will be used for minor automobile repair work and two (2)
of which will be used for express lubrication. Owner may construct one residential.
unit on the second floor of the building, subject to all applicable building and
life/safety codes. The building shall be provided with an awning or awnings on the
front, consistent with the awning specifications set forth in the Town Center District
Code,
6,6 LandscapinQ. In addition to the normal exterior building landscaping,
the final site plan shall include a landscape plan with landscaping and trees on the
5
r .I La:. ,,,\.1,.' ....~""- -------
OR BOOK 04450
PAGE 0333
interior of the Subject Property. Owner shall maintain the landscaping at all times
by retaining a competent and qualified professional landscape maintenance
company.
6.7 Pollution and Other Environmental Concerns. Owner shall fully
comply with all applicable local, state, and federal environmental regulations and
laws governing noxious fumes and the disposal of waste materials. Fumes and
obnoxious odors generated by the automotive repair shop shall not affect the
surrounding properties and shall be minimized to the maximum extent possible.
Stormwater management, motor oil tanks, and other environmental considerations
shall be adequately addressed to the City's satisfaction during the site plan review
process.
6.8 Expiration. If construction of the automotive repair shop is not
substantially completed during the course of two (2) years from the date that this
Development Agreement is executed, as evidenced by Certificates of Occupancy,
this Development Agreement shall expire. The two (2) year period may be
extended by the City Commission, if due to difficulties beyond the Owner's control
and despite a good faith effort by the Owner, construction is delayed.
7. Successors and Assigns. This Development Agreement shall automatically
be binding upon and shall inure to the benefit of the successors and assigns of each of the
Subject Property.
6
FILE NUM 2002902560
OR BOOK 04450 PAGE 0334
8. Applicable Law. This Development Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the City of Winter
Springs.
9, Amendments. This Development Agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved by the
City Commission of the City of Winter Springs.
10. Entire AQreement. This Development Agreement supersedes any other
agreement, written or oral, and contains the entire agreement between the parties as to
the subject matter hereof.
11. Severabilitv. If any provision of this Development Agreement shall be held
to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same
shall not affect in any respect the validity or enforceability of the remainder of this
Development Agreement.
12. Effective Date. This Development Agreement shall become effective upon
approval by the City of Winter Springs City Commission and execution of this Development
Agreement by all parties.
13, Recordation. Upon approval by the City of Winter Springs City Commission
and execution of this Development Agreement by all parties, this Development Agreement
and any amendments hereto shall be recorded by the City in the public records of
Seminole County, Florida, and shall run with the land.
14. Relationship of the Parties. The relationship of the parties to this
Development Agreement is contractual and arm's length. Owner is not an agent of the City
7
FILE NUM 2002902560
OR BOOK 04450 PAGE 0335
forany purpose. Nothing herein shall be deemed to create a partnership, or joint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
15. Sovereiqn Immunitv. Nothing contained in this Development Agreement
shall be construed as a waiver of the City's right to sovereign immunity under Section
768.28, Florida Statutes, or any other limitation on the City's potential liability under state
or federal law.
16. City's Police Power. Owner acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Development
Agreement be construed as the City bargaining away or surrendering its police powers.
17. Interpretation. The parties to this Development Agreement acknowl!3dge
and agree that all parties have participated equally in the drafting of this Development
Agreement, and no party shall be favored or disfavored regarding interpretation of this
Development Agreement in the event of a dispute between the parties.
18. Permits. The failure of this Development Agreement to address any
particular City, county, state and federal permit, condition, term or restriction shall not
, .
relieve Owner or the City of the necessity of complying with the law governing said
permitting requirements, conditions, term or restriction.
19. Third Party Riqhts. This Development Agreement is not a third party
beneficiary contract, and shall not in any way whatsoever create any rights on behalf of
any third party.
8
FILE NUM 2002902560
OR BOOK 04450 PAGE 0336
20. Specific Performance. Strict compliance shall be required with each and
every provision of this Development Agreement. The parties agree that failure to perform
the obligations established in this Development Agreement shall result in irreparable
damage, and that specific performance of these obligations may be obtained by suit in
equity.
21. Attornevs' Fees. In connection with any arbitration or litigation arising out
of this Development Agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs through all appeals to the extent permitted by law.
22. Future RezoninQs/Development Permits. Nothing in this Development
Agreement shall limit the City's authority to grant or deny any future rezoning or
development permit applications or requests, or the right of Owner to apply for or oppose
any future rezoning or development permit application subsequent to the Effective Date
of this Development Agreement. In addition, nothing herein shall be construed as granting
or creating a vested property right or interest in the Subject Property.
23, Force Majeure. The parties agree that in the event that the failure by either
party to accomplish any action required hereunder within a specified time period ("Time
Period") constitutes a default under the terms of this Agreement and, if any such failure is
due to any unforeseeable or unpredictable event or condition beyond the control of such
party, including, but not limited to, acts of God, acts of government authority (other than
the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of ' such party, or severe adverse weather conditions ("Uncontrollable Event"), then
notwithstanding any provision of this Agreement to the contrary, that failure shall not
9
FILE NUM 2002902560
OR BOOK 04450 PAGE 0337
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to the
Uncontrollable Event.
24. City'S Right to Terminate AQreement. Failure by Owner to perform each
and every one of its obligations hereunder shall constitute a default, entitling the City to
pursue whatever remedies are available to it under Florida law or equity including, without
~"
limitation, an action for specific performance and/or injunctive relief or alternatively, the
termination of this Agreement. Prior to the City filing any action or terminating this
Agreement as a result of a default under this Agreement, the City shall first provide the
Owner with written notice of said default. Upon receipt of said notice, the Owner shall be
provided a thirty (30) day opportunity in which to cure the default to the reasonable
satisfaction of the City prior to filing said action or terminating this Agreement. If thirty (30)
days is not a reasonable period in which to cure the default, the cure period shall be
extended to a reasonable cure period mutually acceptable to the City and the Owner, but
in no case shall that cure period exceed one-hundred twenty (120) days. Upon termination
of the Agreement, the Owner shall immediately lose all rights and privileges granted
hereunder.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
as of the date first written above.
ATTEST:
~
By:
PAUL P. PARTYKA
Mayor
10
Th oregoing instrument was acknowledged before me this
~02J y Joseph JV). Mi~anda, [J who is personally kn n to I or
t.f:, _,S3 /-/q 3 b 3 O,SO'. t> as identifi tion.
/
r
The oregoing instrument was acknowledged before me t is
.2002, ~ ~~lia M. Miranda, [ ] who is personally k wn t I or [
":L/I1 b3 q?3 5-3 &/:>q-t) as idenf tion.,
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..,'6~ Sylvia P Denson
*!iiiJf * My Commission CC870502
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."......... Expires November 6,2003
(S EAL)
STATE OF FLOR
COUNTY OF (',
(SEAL)
"e;" Sylvia P Denwn
~~ ~MY Commission CC870502
", ...,.,~ Expires November 6, 2003
FILE NUM 20029025GO'
OR BOOK 04450 PAGE 0338
OWNER:
By: ~L fY2~/},~/7(4-
JO?€PH M. MIRANDA
Date ~~~/ D 2-
By:
<ole (2,c. ~~\ y'"~n.J ~
{zeLIA M. MIRANDA
Date:
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EXHIBIT "A"
Legal Description
.....
FILE NUM 2002902560
OR BOOK 04450 PAGE 0339
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FILE NUM 20029025bO
OR BOOK 04450 PAGE 0340
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I lEGAL DESCRI:erION
PROPERTY FOR WINTER SPRINGS AUTOMOTIVE
Beginning at the most Easterly comer of that part of Dlock "B" of D. R. MITCHELL'S
SURVEY OF THE LEVY GRANT. as recorded in Plat Book I, Page 5, in the office of
the Clerk of Circuit Court of Seminole Couoty~ Florida, tying South and West of the
paved road leading from Sanford to 9viedoj thence along the Southwesterly side of the
paved road North 38 degrees 45 minutes West 1586.00 feet to a concrete monument West
200.00 feet; thence South 51 d<:~rees 15 minutes West 291,30 feet to the Southeasterly
side of a dirt road; thence SoU'th 22 degrees 15 minutes East 208.80 fect; thence North 51
degrees 15 minutes East 351.10 feet to the point ofbeginning. Less road right of way
described in Order of Taking recorded in O. R. Book 2803, Page 1023.
EXHIBIT "B"
Signage/Facade
F I LE'~-NUM 2002902560
OR BOOK 04450 PAGE 0341
F1LE NUM
OR BOOK ~002902SGO
450 PAGE
S.R. 434
Fro11t l~acad I'.' ·
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