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2013 02 25 Public Hearing 501 Ordinance 2013-03, First Reading of RaceTrac Annexation
COMMISSION AGENDA ITEM 501 February 25, 2013 Regular Meeting Informational Consent Public Hearings X Regular KS RS City Manager Department REQUEST: The Community Development Department — Planning Division requests the City Commission hold a public hearing to consider first reading of Ordinance 2013 -03, which proposes to annex three parcels totaling approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419. SYNOPSIS: An application was received by the Community Development Department which requests voluntary annexation of three parcels totaling approximately 1.66 acres in size. The parcels are located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419 adjacent to the south side of an abandoned Hess Gasoline Station. Specifically, the parcels are located at 3237 North U.S. 17 -92, 1730 State Road 419, and 1810 State Road 419. The applicant has requested annexation of these parcels for development of a RaceTrac gas station that is proposed to be developed partially on the abandoned Hess station site which is located adjacent to the north of the subject properties, and partially on the three parcels that are the subject of this annexation request. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Thomas Sullivan, Lowndes Law Firm, 215 North Eola Drive, Orlando, FL 32801. • Property owner's name(s): RaceTrac Petroleum, Inc., JJJJ Williams 4 LLC, Michael and Adriana Abdin. Public Hearings 501 PAGE 1 OF 5 - February 25, 2013 • Property addresses: 3237 North U.S. 17 -92, 1730 State Road 419, 1810 State Road 419 • Property Parcel ID numbers: 22- 20 -30- 300 - 0270 -0000, 22- 20 -30- 300 - 0300 -0000, 22- 20-30- 300 - 0310 -0000 • Current FLUM Designation: Seminole County MXD "Mixed Development" • Current Zoning Designation: Seminole County C -2 (Retail Commercial District) • Previously Approved Development permits such as conditional use, waiver, or variance (if any): No known approved development permits on subject properties • Development Agreements (if any): No known Development Agreements on subject properties • Pending Code Enforcement Actions (if any): No known Code Enforcement actions • City Liens (if any): No City liens. Properties are currently in unincorporated Seminole County APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511- 163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions. Florida Statute 171.044 - Voluntary Annexation Winter Springs Charter Section 2.03. Annexation procedure. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan. City of Winter Springs Code of Ordinances. The applicant is petitioning the City to voluntarily annex three parcels that are currently located within unincorporated Seminole County. The subject parcels total 1.66 approximately acres in size and are located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419. The purpose of the annexation of the subject parcels is to utilize them in the development of a RaceTrac gas station that is proposed partially on the site of an abandoned Hess Station, which is located adjacent to the north of the subject parcels, and partially on the subject parcels. The surrounding area is generally characterized by commercial uses in Seminole County and the City of Winter Springs. Public Hearings 501 PAGE 2 OF 5 - February 25, 2013 The application petition bears the signatures of all of the property owners. The subject properties are contiguous with the City's existing boundaries and are currently located in an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the parcels does not create any enclaves. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The parcels currently consist of vacant commercial uses. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. County water and sewer service are available to the property. Additionally, the subject parcels are located within Seminole County's 17 -92 Community Redevelopment Area (CRA) and the developer may be eligible for funding from the CRA. The subject properties are currently designated "Mixed Development" on the Seminole County Future Land Use Map. Properties to the east and west are the rights -of -ways of U.S. 17 -92 and S.R. 434 while properties to the south include a boat sales and service facility. The subject properties are currently designated C -2 (Retail Commercial District) on the Seminole County Zoning Map. Adjacent property owners have been notified by US mail. Pursuant to Florida Statute 171.044(2), notice of the proposed annexation will be published at least once a week for two consecutive weeks in the Orlando Sentinel on February 21, 2013 and February 28, 2013. Pursuant to Florida Statute 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 24, 2013. In addition, the subject properties have been posted with a large yellow sign. The applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use designation to City of Winter Springs "Commercial" and the request for Rezoning to City of Winter Springs C -2 (General Commercial) was considered by the Planning & Zoning Board /Local Planning Agency at the February 6, 2013 meeting. Public Hearings 501 PAGE 3 OF 5 - February 25, 2013 Existing Land Uses Zoning Future Land Use Subject Vacant commercial, Seminole Seminole County Properties former auto repair facility, single- family home County C -2 (Retail MXD "Mixed Development" Commercial District) North Abandoned Hess gas City of Winter City of Winter station Springs C -2 Springs "Commercial" (General Commercial) South Boat sales and service Seminole Seminole County facility County C -2 MXD "Mixed (Retail Development" Commercial District) East S.R. 419 right -of -way None None West U.S. 17 -92 right -of -way None None The application petition bears the signatures of all of the property owners. The subject properties are contiguous with the City's existing boundaries and are currently located in an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the parcels does not create any enclaves. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The parcels currently consist of vacant commercial uses. The City has capacity to provide this parcel with the same urban services provided to other areas of the City. County water and sewer service are available to the property. Additionally, the subject parcels are located within Seminole County's 17 -92 Community Redevelopment Area (CRA) and the developer may be eligible for funding from the CRA. The subject properties are currently designated "Mixed Development" on the Seminole County Future Land Use Map. Properties to the east and west are the rights -of -ways of U.S. 17 -92 and S.R. 434 while properties to the south include a boat sales and service facility. The subject properties are currently designated C -2 (Retail Commercial District) on the Seminole County Zoning Map. Adjacent property owners have been notified by US mail. Pursuant to Florida Statute 171.044(2), notice of the proposed annexation will be published at least once a week for two consecutive weeks in the Orlando Sentinel on February 21, 2013 and February 28, 2013. Pursuant to Florida Statute 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 24, 2013. In addition, the subject properties have been posted with a large yellow sign. The applicant's request for a Small Scale Comprehensive Plan Amendment changing the Future Land Use designation to City of Winter Springs "Commercial" and the request for Rezoning to City of Winter Springs C -2 (General Commercial) was considered by the Planning & Zoning Board /Local Planning Agency at the February 6, 2013 meeting. Public Hearings 501 PAGE 3 OF 5 - February 25, 2013 The Planning & Zoning Board/Local Planning Agency voted unanimously to recommend approval of the proposed Annexation, Small -Scale Comprehensive Plan Amendment, and Rezoning. Annexation Agreement: The applicant is proposing to enter into an Annexation Agreement with the City. This agreement would allow an existing billboard that is located on the southwestern parcel to be raised to a greater height than its current height and to remain on the property. This modification to the billboard structure is necessary to facilitate the site development for the RaceTrac building. Additionally, the annexation agreement will govern development of the site by controlling building architecture and signage. This agreement is attached as an exhibit to this report. Findings: In analyzing the annexation request, it appears that all statutory requirements related to voluntary annexation have been satisfied. FISCAL IMPACT: The proposed annexation of the property allows the subject parcels in conjunction with the abandoned Hess station site to be developed into a RaceTrac gas station. Development of the subject property is anticipated to provide an increase to the City's taxable value as well as facilitate the redevelopment of a blighted property. A detailed Fiscal Impact Report will be performed once the development details are known. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. Adjacent property owners have been notified by US mail. Pursuant to Florida Statute 171.044(2), notice of the proposed annexation will be published at least once a week for two consecutive weeks in the Orlando Sentinel on February 21, 2013 and February 28, 2013. Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 25, 2013. In addition, a yellow sign noting the date and time of the public hearing has been erected on the subject properties. Public Hearings 501 PAGE 4 OF 5 - February 25, 2013 RECOMMENDATION: Staff recommends the City Commission approve first reading of Ordinance 2013 -03, and move said Ordinance forward to second reading. Ordinance 2013 -03 proposes the annexation of three parcels located on the southwest corner of the intersection of U.S. 17 -92 and State Road 419, adjacent to the abandoned Hess Station. Specifically, the parcels are located at 3237 North U.S. 17 -92, 1730 State Road 419, and 1810 State Road 419. ATTACHMENTS: A. Ordinance 2013 -03 B. Annexation Agreement C. Minutes, February 6, 2013 Planning & Zoning Board meeting Public Hearings 501 PAGE 5 OF 5 - February 25, 2013 Attachment "A" ORDINANCE NO. 2013-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3) PARCELS OF LAND COMPRISING APPROXIMATELY 1.66 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17 -92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17- 92,1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL PROPERTY INTO THE CITY BOUNDARIES; PROVIDING FOR THE FILING OF THE REVISED WINTER SPRINGS CHARTER WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, this is a voluntary annexation which shall be pursuant to the annexation procedures contained in section 171.044, Florida Statutes; and WHEREAS, the City Commission has determined that the subject real property is reasonably compact and contiguous with the boundaries of the City of Winter Springs and will not create an enclave and otherwise satisfies the requirements for annexation; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Winter Springs Comprehensive Plan, Charter, and City Code; and WHEREAS, upon the effective date of this Ordinance, the municipal boundary lines of the City of Winter Springs, contained in Winter Springs Charter, Article II, shall be redefined to include the subject real property; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2013 -03 Page 1 of 3 Section 1. Annexation of Real Property. The area of real property, which is more particularly described in the metes and bounds legal description and map attached hereto as Exhibit "A," is hereby annexed into the City of Winter Springs by the City Commission. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. City Boundaries Redefined; Winter Springs Charter Amended. Pursuant to section 166.031(3), Florida Statutes, and section 171.091, Florida Statutes, the City of Winter Springs Charter, Article II, Section 2.01, shall hereby be amended to redefine the corporate boundaries of the City of Winter Springs to include the area of real property described in Section 1 of this Ordinance. The City Clerk shall file the revised Winter Springs Charter, Article II, Section 2.01, with the Department of State within thirty (30) days upon said approval and shall provide a copy to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. The City Clerk shall also file this Ordinance with the Clerk of the Circuit Court of Seminole County, the Chief Administrator of Seminole County, and the Department of State within seven (7) days of the effective date. Section 3. Repeal of Prior 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. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2013. ATTEST: Andrea Lorenzo - Luaces, City Clerk Charles Lacey, Mayor City of Winter Springs Ordinance No. 2013 -03 Page 2 of 3 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2013-03 Page 3 of 3 Legal Description: 15 Exhibit "A" =At effSaP097ALi't (+M fA so24 ►Afar # mow JO fEET HEST f:< 7FAr SeapirAST COMER PcE NesTrz $T f!+ or mr scurf-Ks! fir 4r A#' £04054 6:ST fi4 OF =Paw 24 4010470P au ,29-1774 IM?. .ra &4$E prSEW44CE CaA1N, 109104. FC00 /MN Al0110 774' WM'irtO°FAJr 1Jif A' &*Hugo- 0k7Ff7o 45.24L 7& riL.7 neuter n!'Sr 1944 fury, Peire $00.131 fw Al= I1q 1 s atsr 1r40 r rr 7n Parr rx (LESS Amp Raarr aw rrpr SWIM- ROAD 4F Q% G.V. £5 $ 5s.00re (RRA 3224 PActs 447-fat) PgA14trxte AT Air =MUST tatrArP Cr Air 141 P AST 1/4 eF Der dl IEVE_S /4 Ur 444E Si:WR T LJR Or SeVaasr sa, MV 210 seem .A7 EAST, £ LY UaV%Y f2CAM M17 IMO 1.7.177X d k u ps X WWI= WW1= 0 SeCtilf6 NAM: AlayS un- €curx egsr ar Are u0e1CASF Deo or An SYW 7PmESt a er Pie sajP i r f ar SAO Lf4lia�r 2 ;moo ft•E1 ra 7 7 c�'soom meR 7 O�KF commur ortifIre dp 4£{YPfe5 Co avows e0 scow uC$f. 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CAR WIMP 1= G867J461,Ob+1C£t IVAiS,2417emsrafarRYY+F- rr-War LAda IKON SOI77ff 46, MCNEES .AA 4d srcc +C56}Sr AL{H9C rim 710MI0V r LAM" fA[rF fu7T 717 AN indY RA9 NOR %AP afAkk A sra 1.257 ..• Ruda- art Nfam so 000rm.3 dd KPRfJL'$ aR SECM4's rLSr AAdrO SA•O xac"rf+Srlr COe'dT.JB FEET; Ag2ic:r frASA1<9c0 7142415EVEST 101PACW SAYJr7f oo orotEs AF ✓1C'RrlRP S£CO+OS Wir I0000- IEE7 R7 Ad' POW 4Y r7POOW L EVAL 00Z040170& ee.R . ?74 AAar .5 UGC' 3a 4127 703T 1 rua ff f rekPm #• 1PtL _aormEAst A? vor Pr ME IeVf -M AST 41,040fFR Of 1FC FJI1iN ies &w in? or mr sawmriKSr auvioa Ar=par 2Z roofs*. 2g soon{ RAW X E456 REW NAPA'rSOe PEEZ ALOrt0 *et rJALin - Aa, u�rr Ode f s ollOO ortot o Rata warm zSST FOq Am: PeriCf S iP f 7#/ ftE7 7141MrE £ASr !dR FEE r 717 Paw! OP 8fee o'rWO. E A NG of .447 f{ wax aceat 1..25 B" 6.A 0 6 6.© 12 4 Subject properties Attachment "B" Prepared by and return to: Anthony Garganese, Esquire Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32801 (407) 425 -9566 ANNEXATION AGREEMENT This Annexation Agreement ( "Agreement ") is made and entered into by and between the City of Winter Springs, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City ") whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and RaceTrac Petroleum, Inc. (hereinafter referred to collectively as "Developer" or "Owner ") whose address is 3225 Cumberland Boulevard, Suite 100, Atlanta, Georgia 30339, this day of , 2013 (the "Effective Date ") and shall be fully enforceable in accordance with the terms hereof. WITNESSETH: WHEREAS, the Owner is the owner or contract purchaser of certain real property located in unincorporated Seminole County, Florida, which real property is more particularly described in Exhibit "A" (attached hereto and incorporated herein by reference; said property hereinafter being referred to as the "Property "); and WHEREAS, the Property currently is assigned a mixed use Comprehensive Plan and zoning designation by Seminole County; and WHEREAS, the Owner is also the owner of certain real property located in Winter Springs, Florida and adjacent to the Property, which real property is more particularly described in Exhibit "B" (attached hereto and incorporated herein by reference; said property hereinafter being referred to as the "Winter Springs Property "); and WHEREAS, the Property and Winter Springs Property are within the State Road 17 -92 Community Redevelopment Area; and WHEREAS, the Winter Springs Property is the site of a closed gas station, and along with the Property, is in need of redevelopment for purposes of removing slum and blight in the area; and WHEREAS, the Owner desires to annex the Property into the City of Winter Springs and to aggregate it with the Winter Springs Property in order to redevelop the properties as one development site for a RaceTrac convenience store with motor fuel sales; and WHEREAS, the City has determined that the redevelopment of the Property and Winter Springs Property will provide a substantial economic benefit to the City and its citizens, and a 1 benefit to the State Road 17 -92 Community Redevelopment Area, said development being referred to as the "Project "; and WHEREAS, the purpose of this Agreement is to set forth the understandings and agreements of the parties with respect to the foregoing, and other matters as agreed to and set forth herein; and WHEREAS, this Agreement is authorized by, permitted by, and consistent with the provisions of the City's home rule Charter; the City's Comprehensive Plan; Chapters 163 and 166, Florida Statutes; Article VIII, Section 2b, Constitution of the State of Florida; Chapter 171, Florida Statutes; and other applicable law, and serves and advances a vital public purpose of removing slum and blight and providing economic development; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration each to the other has provided, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. (a) The recitals are adopted as the findings of the City Commission of the City of Winter Springs, Florida. (b) The above recitals are true and correct and are incorporated into this Agreement by reference, and are a material part of this Agreement upon which the parties have relied, including but not limited to the assertions that the Owner owns the Property and Winter Springs Property, and is empowered to enter into this Agreement and make binding commitments. 2. Annexation; Unity of Title. (a) This Agreement shall upon execution by the Owner, serve and constitute an irrevocable Annexation Petition by the Owner for the annexation of the Property into the corporate boundaries of the City of Winter Springs, provided and subject to the additional condition that the City shall thereafter annex the Property into the City, subject to the terms and conditions of this Agreement. Owner agrees that they will not contest or object to the annexation of the Property (provided such annexation is consistent with the terms hereof) and that the parties will fully cooperate with each other to achieve the annexation on the terms and conditions set forth herein. (b) Owner agrees that upon annexation of the Property and Owner obtaining the necessary building permits for the Project, the Property and the Winter Springs Property shall be unified in ownership and title for development purposes, and shall be considered one developable lot of record for development purposes under the City Code. Any division or subdivision of this unified developable lot of record shall be subject to the platting or lot split requirements of the City Code. 3. No Annexation Fees. It is understood and agreed that no fees, costs, or expenses will be charged to or become due from the Owner to the City or to any other governmental 2 authority, private individual or entity on account of or in connection with the City's review and processing of the Annexation Petition or the annexation of the Property into the corporate limits of the City of Winter Springs; provided however, that the Owner shall pay its own attorneys' fees and consulting fees, as may be determined to be necessary by the Owner. 4. Development Conditions — Future Land Use and Zoning Map. (a) In order to facilitate the development of the Property and Winter Springs Property, the City agrees, upon annexation of the Property, to advertise and proceed with public hearings to amend the Property's Comprehensive Plan Future Land Use Map designation to City "Commercial" and Official Zoning Map classification to City "C -2 General Commercial." The aforementioned comprehensive and zoning map amendments shall be subject to Florida law and City Code, and shall be subject to final approval by the City Commission of Winter Springs. No provision of this Agreement shall be construed as guaranteeing that the amendments will be approved by the City Commission. Each party will fully cooperate with each other to achieve the amendments on the terms and conditions set forth herein including, but not limited to, submitting and executing any applications customarily required by the City. (b) It is understood and agreed that Owner will pay the fees, costs, or expenses that are customarily charged by the City on account of or in connection with the City's review and processing of the comprehensive plan and zoning map amendments for the Property; provided however, that the City shall pay its own attorneys' fees and consulting fees and staff time, as may be determined to be necessary by the City. 5. Additional Development Conditions. It is understood and agreed by the parties that in order to facilitate the development of the Property and the Winter Springs Property as a RaceTrac convenience store with motor fuel sales (the "Project "), and for the purposes of eliminating the slum and blight within the State Road 17 -92 Community Redevelopment Area, the following development conditions shall apply: (a) Conceptual Project Rendering and Conceptual Site Plan. A conceptual rendering depicting the Project is attached hereto as Exhibit "C" and is incorporated herein by this reference. The parties agree that this Project will be constructed in substantial conformance with said rendering. A conceptual site plan depicting the Project is attached hereto as Exhibit "D" and is incorporated herein by this reference. The parties agree that this Project will be constructed in substantial conformance with said site plan. Developer shall have the obligation to further submit and obtain the City's approval of final engineering plans. Developer shall also have the obligation to construct aesthetic enhancements to the Project as depicted in the conceptual renderings and site plan and as may be reasonably requested by the City in accordance with the City Code, particularly the City's aesthetic review ordinance. (b) Billboard. The parties acknowledge that the existing billboard on the Property is a legally nonconforming billboard under the Seminole County Code. As such, upon annexation of the Property, the existing billboard located on the Property shall continue as a legally nonconforming billboard subject to applicable provisions of the City Code. However, it is understood and agreed by the parties that in order to facilitate the development of the Property and the Winter Springs Property as a RaceTrac convenience store with gasoline sales, and for 3 purposes of eliminating the slum and blight within the State Road 17 -92 Community Redevelopment Area, Owner shall have the right to increase the height of said billboard by a maximum of ten (10) feet above the motor fuel canopy and a face area not to exceed fourteen (14) feet by forty -eight (48) feet, in order to accommodate the RaceTrac development project as generally depicted on Exhibit "E" attached hereto and incorporated herein by this reference. (c) Monument Signs. The closed gas station on the Winter Springs Property was permitted to have two (2) monument signs each containing 100 square feet of copy area. The City agrees that the Project shall also be permitted to have two (2) monument signs with 100 square feet of copy area as shown (labeled "LED Price Logo Sign ") and generally located in the area depicted on Exhibit "D." (d) Building Signage Allowance. The principal building of the Project shall be permitted to have a signage allowance as generally depicted on Exhibit "F" attached hereto and incorporated herein by this reference. (e) Configuration of Parking Spaces and Drive Aisles. Unless otherwise provided in the final engineering plans approved by the City, regular parking spaces shall be ten feet (10 ft) by eighteen feet (18 ft) and internal parking lot drive aisles shall be a minimum of thirty -six (36 ft). 6. Duty To Cooperate. The parties agree to cooperate at all times, in a timely manner, and in good faith regarding the implementation of this Agreement. This cooperation shall extend to the granting by the City and the acquisition by the Owner, of applicable necessary municipal permits, and the Owner shall diligently process and seek the receipt of, and shall use reasonable legal means, to obtain all necessary state, municipal, federal permits, development orders, licenses, easements and other approvals or rights in connection with the development of the Property and Winter Springs Property in accordance with this Agreement and applicable land use, zoning, land development, building and construction regulations. 7. Further Assurances. In addition to the acts recited in or set forth in this Agreement, the parties agree to perform or cause to be performed in a timely manner, any and all further acts as may be reasonably necessary to implement the provisions of this Agreement, including but not limited to the execution and /or recordation of further instruments; provided however that the City's obligation shall be subject to such limitations of law as may be applicable to municipalities. 8. Limitations of Remedies. The parties hereby agree not to pursue an award of monetary damages for a breach by or non - performance of the other party under this Agreement. The only remedies of the other party available against the non - performing party under this Agreement shall be either to withhold further performance under the Agreement until the non- performing party cures the non - performance, or to seek a court order from the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida requiring the non - performing party to fulfill its obligations under the Agreement. However, nothing in this Agreement shall be construed to limit the right of either party to pursue any and all available remedies if any, under non -tort or constitutional law relating to a party's non - performance under the Agreement so long as damages are not sought. The City will not waive sovereign immunity and does not waive 4 sovereign immunity to any extent by reason of this Agreement, and in the event Owner seeks any relief against the City, the City may rely on any available defense arising out of its sovereign immunity. In the event a court order is issued declaring non - performance by either party, the non- performing party shall be required to reimburse the other party any actual and reasonable expenses incurred as a result of the breach (excluding attorney's fees and legal costs). 9. Disclaimer Of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties to this Agreement and no right or cause of action shall accrue by reason hereof to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement, express or implied, is intended to be nor shall be a conferring upon or giving any person or entity any right, remedy or claim by reason of this Agreement or any provisions or conditions hereof, including any provisions or conditions hereof that may be implied or suggested in equity, and only the express parties to this Agreement and their respective designated representatives, successors and assigns shall have any rights under this Agreement. 10. Time Is Of The Essence. The parties agree that they shall diligently and expeditiously pursue their respective obligations. 11. Successors and Assigns. This Agreement and the terms and conditions hereof shall be binding upon and inure only to the benefit of the City and the Owner, and their respective successors in interest in writing, by duly recorded and lawful instrument. 12. Applicable Law. This Agreement and the provisions herein shall be construed, controlled and interpreted according to the laws of Florida. If there is a conflict between this Agreement and terms of the City Code, the terms of the Agreement shall control unless Florida law prohibits a waiver of the Code provision by agreement. 13. Binding Effect. Each party represents to the other it has undertaken all necessary actions to execute this Agreement and has the legal authority to enter this Agreement and to undertake all obligations imposed on it. 14. Recording. Upon Owner's execution of this Agreement, the City shall, at its sole cost and expense record a fully executed copy of this Agreement in the Public Records of Seminole County, Florida. 15. Venue. Any and all actions or proceedings arising out of or related to this Agreement or brought to enforce or interpret this Agreement, shall be brought exclusively and solely in the court of appropriate jurisdiction in Seminole County, Florida. 16. Construction Or Interpretation Of the Agreement. This Agreement is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of the Agreement and were represented by counsel. Accordingly, this Agreement shall not be construed or interpreted more strictly against one party as against the other party. 17. Development Permits. Nothing herein shall limit the City's authority to grant or properly deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State 5 and /or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term or condition of this Agreement. 18. Attorneys' Fees and Costs. In the event of a dispute regarding this Agreement, the parties shall bear their own attorneys' fees and legal costs and neither shall be responsible to pay the other's legal fees. 19. Caption/Exhibits. (a) The headings or captions of the sections and subsections contained in this Agreement are for convenience and reference only, and do not, in themselves, have any legal significance and shall not be afforded any. (b) The exhibits to this Agreement are hereby incorporated into this Agreement and are an integral part of this Agreement. In the event of any conflict between the Agreement and any exhibit, the terms of the Agreement shall govern and control except with respect to the legal description or description of the Property and Winter Springs Property, in which case the correct statement in an exhibit will control over the Agreement, but only if the description in the exhibit is determined to be accurate. 20. Parties Bound. Following the recordation of this Agreement, the benefits and burdens of this Agreement will become a covenant running with the title to the Property and Winter Springs Property and all parts and parcels thereof, and this Agreement shall be binding upon and will inure to the benefit of both the City and Owner, and the assigns and successors in interest to the Property and Winter Springs Property and all parts and parcels thereof. 21. Severability. If any provision of this Agreement is held to be unlawful by a court of competent jurisdiction, the unlawful portion shall be deemed separate and distinct, and the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of the Agreement. However, if the portion found to be unlawful results in the loss of a material benefit by the owner as a result of the excising or removal of such unlawful provision, then the owner may terminate the Agreement. 22. Notices. Any notice delivered shall be in writing and shall be deemed to be delivered (whether or not actually received) when it is hand delivered to the official hereinafter designated; upon receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail return receipt requested; or upon receipt of such notice when deposited with Federal Express or other nationally recognized overnight or next day courier, addressed to the parties as follows: To Developer: RaceTrac Petroleum, Inc. 3225 Cumberland Boulevard, Suite 100 Atlanta, Georgia 30339 Attention: Phil West, Esq. 6 With a copy to: To City: With a copy to: Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 N. Eola Drive Orlando, Florida 32801 Attention: Thomas R. Sullivan, Esq. Kevin Smith City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327 -5957 Fax: (407) 327 -4753 Anthony A. Garganese Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Ave, Suite 2000 Orlando, Florida 32801 Phone: (407) 425 -9566 Fax: (407) 425 -9596 23. Entire Agreement. This Agreement constitutes the complete and entire agreement between the parties with respect to the subject matter hereof and it supercedes all prior agreements, arrangements or understandings, whether oral or written. 24. Modification. This Agreement may not be amended, changed or modified nor may any material provisions hereunder be waived, except by a written document of equal dignity signed by the Owner and the City after approval by the City's City Commission at a public meeting. 25. Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. WHEREFORE, the parties hereto have caused these presents to be signed all as of the date and year first above written. [EXECUTION PAGE FOLLOWS] 7 WITNESSES: DEVELOPER: Printed Name of Witness Printed Name of Witness RACETRAC PETROLEUM, INC. a Georgia corporation By: Its President ATTEST (Seal): CITY OF WINTER SPRINGS, a Florida Municipal Corporation, By: ANDREA LORENZO - LUACES By: City Clerk CHARLES LACEY Mayor APPROVED AS TO FORM AND LEGALITY FOR THE CITY OF WINTER SPRINGS ONLY: ANTHONY A. GARGANESE, CITY ATTORNEY STATE OF GEORGIA COUNTY OF FULTON The foregoing instrument was acknowledged before me this day of , 2013, by , as of RaceTrac Petroleum, Inc., a Georgia corporation who is personally known to me or who has produced as identification. (NOTARY SEAL) 8 Notary Public Signature (Name typed, printed or stamped) Notary Public, State of Georgia Commission No.: My Commission Expires: Legal Description: Exhibit "A" =At effSrAO9TIAt eaga ar24►Afarmg) &.'041 JP FEET REST CF tHE SCUMFAST COM& ar iacE Ma Trzor V4 or Air sowrracsr t4 OF MC SCP AGESt 1J4 Gt =AO s4 fared . 49.1744 +¢*Aye .ra cmc or MIME cal-PPD: MAMA HWY 7HC,i NORM ALONG Mr Alin 'IltaFVP.PF Fain dr &7FVAW- OKIXR ACGI i 7178 rILPT 1749/C£ NAST f97+ nary, Peire 171 r91P ilSa MINCE aesr ICC f,Erf 7tl Pds4r 2fs5 JP1}Afl ,Paarr- A0 r rolr SWIM- ROD AFR; LavA.4 {7f$Gi6°T 't (RR.& 1124, PAWS 447-1X) CONENCE AT APE =MUST tatrAC4 Cr raft xR4P A8T 1/4 CC Aar dQFIEVESi t# Ur T SWIRM ST .r./4 Or SECIJOr S7, l iw _24 =T4 .i0 EtsS Ste£ %Y f2CAM M17 RUH AA7.17TX dlk ciraeln X WPM= CC SECC116 11£SY. ALONG u✓; €coax Lew O 71 NORIKA$r E.Ao or A.f SXM,EST a a. 7144 SdY1A+7rt'Sr 1 ar SAO 5&C1101 a ;moo FEE1 ra pet- 840sAparra 7 O�KF COmm r +Vp4fff or; MP= X Mw E.9 dR SCOW hat. ALLMC z MGM LAC Cr Mr ArpoR,E4,1r fps err rml SCASPHXr I„Al Or Mr scUrH E„rr VP P S+iz LWOW. 2 3, .# $TT fa A Marl' PV Aa EASIERLrATCHr -- MAY 1.61E Gr Ida HAi7hr4Y f1 d S2 AS Or MOW:WM 71GOVac LEAH= sera $'C/7 LOW [r IA[ Np4fl€IST !f: • 1NE texiVf11ESr 1/4 OF ME .gter MCSr 7f{ of MO SSVM7N 2$ PM *YAW 40 O'EG :` M AMRS 03 £1vra7$ 667,` &MG 9419 fA5' #Mt rJbp/T-ze- PA Y YaQ•c} X27 71P A row or AN 514 VroViT rirearral e c 4'w,'r XdtTT A'W /NSF 4c.1437. 04RPO PNCri Sd0 AdwT BEM MAWR) RY AY 8401 MX, Amp CAP WWI) 'NEC GO4Mt• 17ANCE t.FitxakS &el) rorsam, RYY+F -5r -roar ME At1N $411711 46, Ot igss .76f MOPES 49 Srco+C544S? aiL W S4 -aazer rar CAW r-N4/F /aFr 417 AN Mil AD .4W 4oLP dAtAvaA sra 1257 , Rf74CF 1t;N Ham SJ S dd MAIMS AR S#'4Pa•C'S EAar A1d1Q SA•O •a4Er•uer1T fAf'dT.JB FEET; n1R1d£ lIA:WG 990 744149M7PP GA1C'ACW SOUTH GO GEWEES AF A7('R719'F 49 S£C +OS Wir =Ca IEE7 R7 Ad' rows eY da<[7POW4 L EVAL d1609 770& fdA•@ T744 AAA .5 XX+ 3A f127 !CM-AM IA? F>Tr 4f041x or 141E _aarmifAst wcav r Pr por leGIPMFAST 4144.11ER OF Pe .9:O mar Atl.4Plr p or mr SVUNellEST Abf417784 Ar=reef 2Z RPM 31?VA4 RAW X E45! 1iaW xAPAf 15d3'Err A![X #rt Pia ! IGGH1- eF ?go, CNC C s,w N Or aro mug wC1fr zSST yap FEk7 Mean' Sa+ H T#7 17fa AKINfF .CAS! rdP FEET 717 Fpb1! RfCCGrAvG CIiVG of asvoi.if - war, ar t Exhibit "B" LEGAL DESCRIPTION A TRACT OF LAND, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 30 EAST AND BEING ALL OF THAT CERTAIN QUIT CLAIM DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 7748, PAGE 810 AND THAT CERTAIN WARRANTY DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 2069, PAGE 1486 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, FOR A POINT OF REFERENCE; THENCE RUN SOUTH 89 °23'35" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 30.00 FEET; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 °09'27" WEST, 100.00 FEET TO A POINT; THENCE RUN SOUTH 89 °23'35" WEST, 8.19 FEET TO A POINT LYING ON THE WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 419, PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP, SECTION 77070 -2506 AND THE POINT OF BEGINNING; THENCE RUN SOUTH 89 °23'35" WEST, 178.89 FEET TO A POINT; THENCE RUN NORTH 50 °15'53" WEST, 136.21 FEET TO A POINT LYING ON SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 15/600 (U.S. 17 -92), PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT -OF -WAY MAP, SECTION 77010; THENCE RUN NORTH 40 °40'35" EAST, ALONG SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 15/600 (U.S. 17 -92), A DISTANCE OF 275.84 FEET; THENCE RUN SOUTH 49 °19'25" EAST, ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF STATE ROAD 419, A DISTANCE OF 133.63 FEET TO A POINT LYING ON THE AFORESAID WESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 419; THENCE RUN SOUTH 00 °41'18" EAST, ALONG SAID WESTERLY RIGHT -OF -WAY LINE, 207.29 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND, LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS 1.276 ACRES, MORE OR LESS. © LEFT EXTERIOR ELEVATION 3/16"- 1' -0" Exhibit "C" ©RIGHT EXTERIOR ELEVATION 3/16••_ 1' -0•. REAR EXTERIOR ELEVATION 3/16 "= 1' -0 FRONT EXTERIOR ELEVATION 3/16 "= 1' -0" RaceTrac RaceTrac Petroleum, Inc 3225 Cumberland Blvd, Suite 100 Atlanta, Georgia 30339 RACETRAC WINTER SPRINGS WINTER SPRINGS, FLORIDA Exhibit "D" 44 EN-re IGN LC CC GRAPHIC SCALE SITE DATA „UPREKIT 444,4 41,404. USD 4.9,14210144 41/414,144110 CD GENERAL SITE NOTES: AI I 44.9444144 Fa41.9 44, C.4,44. ALL .1711.44,4144L46.4 011141,41441.01.. KNIW NEAT'S 8810N ALWAYS CALL 811 888088 YOU DIG caIIsunsnine.com VF 5.444 PRIVIR TV START 4,4443,4,47144 SITE PLAN �LL P.ACETPAC #107 C -4 0 SHEET 80. REV. WINTER SPRINGS, FL #1074 SITE PLAN SCALE: I " =60' SIGN MARKERS MAY NOT BE TO SCALE RaceTrac 13 -0046 R2 Sheet 1 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL nep. oordmaro KRISTEN HAMILTON PAM GOFF Oesigmr KRYSTAL WIGHTARMSTRONG Dare 1/17/13 A ,proval / Date Rent Estimating Ar En Landlord 0.1 (121.13, Mk REMOVED LARGEREOEEEE 66N 330M PR031111 ELEV3TIOR10 MEEP SURMISE SPEC IIIE. REPLACED MONUMENIPRICERSWITNaV "; RE4'IORMEII SIGN SEGMENTS TO I11 LARGER LEA AMTS. RE (1113 /13)11 UEW Al'lNING SPEQ, NEl'! ELEVATIONS. AND NE::' 0110MOIIE01 [003T101 Chandler Sians 12106 Ye 2002 52021 001,01 02210 Perland, TX 18122 Bone, 202-2104070 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 21215 51.1511.111212012112 BE 21211.12.02112ED 0 1,127012.211.221221.221211720 RC 211E 112210122.2ELECTRICAL CODE 210205: .,.. mcu. 210..U2.2 LOBEL, IT-C O.A.H. 7-6" (CABINET) 7' (REVEAL) 8r -0" (STONE CAP) SCOPE OF WORK• CSI TO MANUFACTURE AND INSTALL TWO (2) NEW INTERNALLY -LIT D/F ALUMINUM CABINETS WITH 3" RETAINERS & DIVIDERS. FACES ARE WHITE POLYCARBONATE FACES & FIRST SURFACE APPLIED VINYL GRAPHICS. 1) 1M TRANSI 1ICFNT VINYI COI ORS ARF AS FOI I OWS- TOP -FACE • BACKGROUND IS 1ST SURFACE APPLIED #3630 -143 POPPY RED • BLUE OUTLINE AROUND "RACETRAC" TO MATCH 3M # 180c SAPPHIRE • "RACETRAC ", "®" , & STRIPE TO BE SHO-THRU WHITE. ILLUMINATED PRODUCT PANELS • "REGULAR UNLEADED" TO BE OPAQUE BLACK VINYL OVER 3M #3630 -015 YELLOW VINYL BACKGROUND • "DIESEL' TO BE SHOW THRU WHITE WITH 3M #3630 -26 GREEN BKGD. 2) CSI TO PROVIDE SUPPORT PIPES AND FOOTINGS. 2) CABINET TO BE INTERIOR -LIT WITH HIGH - OUTPUT FLUORESCENT LAMPS. ALL ELECTRICAL PROVIDED BY G.C. ALL CONCRETE PADS AND MASONRY BY G.C. (BRICK AND STONE) STONE BASE TO MATCH BUILDING STONE 3) EIGHT (8) TOTAL S/F SUNSHINE ELECTRONIC PRICE CHANGE UNITS TO BE PROVIDED BY OWNER. (SEE NEXT SHEET FOR DETAILS). D/F INT. ILLUMINATED MONUMENTS TWO (2) REQUIRED • DECORATIVE TRIM - FAB. ALUM. RACETRAC DK. BRONZE (SEE FORMULA BELOW) PRw R sau 11-0L2 st SCALE: 1/r =1 " -0" e•.r,•Ir.•. n•. rnrnaan..t aon. no. P.oa�e. ro...o.. ..s - wo I,e r..". w. vsFw van„ P-I 1 MATCH BRONZE LAKE N/A SAME WORTH f OB SW AS SW (CUSTOM Bronze 200B) BAC Blend -a -Color OZ 32 64 128 ASE X Satin Ext Metal Brick Lintels Ect Bollards, Fuel Canopy -Area Steel and Metal Dumpster Gates Ext Roof Door & Doorframe wi White 0 43 - 1 BI 81ack 4 55 1 0 R2 Maroon - 17 I 0 Y3 Deep Gold - 57 I - G2 New Green 6 (2) CONDUITS TO SIGN FROM BUILDING BY CUSTOMER ALL PRIMARY ELECTRICAL BY CUSTOMER CSI TO PROVIDE: (2) NEW STEEL PIPES CSI TO PROVIDE: (2) CONCRETE PIERS 2r -4" 2r -0" n WINTER SPRINGS, FL #1074 13 -0046 R2 Sheet 2 of 10 #1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL nep. oordmaro KRISTEN HAMILTON PAM GOFF Designer KRYSTAL WIGHTARMSTRONG Date 1/17/13 A iproval / Date Lent Estimating Ar En Landlord 11(1/11'11) 15'11: REMOVED LAMED POHEE 5111 ROM PROVIDED EIEVSTIIR 101E11 511 81111 5511 51IE. REPLACED MO NUMEMI PRI[ER5 WITH 1r; DP.DORPED 51111 SEGMENTS TO ER 0186E81E1 DMITS. R2 ( 216 /11)11'.8111 ES'SMING 50111, MIS'S ELEVATIONI, AND ME::' IIOMIIIEI11352508 Chandler Sians 12106 Ye 2002 52021 001,01 02210 Perland, 18122 fa, 3104011W Bone, 202-2104070 fax: 912.212•0011 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 210..U2.2 212 LABEL, WINTER SPRINGS, FL #1074 SUNSHINE 501 SYLVANIE • SAINT JOSEPH, MISSOURI 64501 816- 232 -4224 • 800 -821 -9013 • (F) 816-232-5915 SUNSHINE.US.COM arrt uu'' RS 6OTrim Flanges as required to fit in 60 SF Sigr1 sale Re John Boyd 970- 390 -6800 cnam conbcuMay require 1 14" retain RaceTrVy req ire qq rettain 3225 Cumberrand g191 • Atlanta, GA 30339 Customerapropet 1 ,,an04Rativider bar to workTrim +IVldgestas required to fit in 60 rs and 1 "divider bar to work -28 RG Date n°1' 3/23/ 12 28 LED s- 68 11, 6111Y 'tlib f back etoo ► Trim side and bottom flanges as required to make fit in 60 SF Sign May require 1 Ye" retainers and 1 "center divider bar : : :: : : :: : : :: : : :: : : :: .... .... .... .... .... z Cont. box H OH D or A RS 60 -28RG (28" LED set for 20 SF Cabinet) Drop -In Cabinet with Master /Slave Control Orientation For install help call: 800 - 821 -9013 ext. 4216 6" cabinet H depth (typ) 15 amp 120v circuit on 24 hours connected to red unleaded and green diesel control boxes Total current draw = 10 amps (by others) Handheld controller shipped Inside control box. Connect to PCS interface box via cables supplied. 15' long jumper harness master side to slave side (typ.) 10' long data jump cable between diesel & unleaded All Diesel (green) control box dimension are the same as the Unleaded (red) control box Cat 5 data cable to store (by others) Connect to POS Interface Box In store 3 solid and 3 striped wires color to color Cabinet & Digit Specs: —NEN. Label Specs: Other: Digit Size and Style: Re LED Digit Color: Red /Green Overall Cabinet Size: see above Cabinet Color: black Single or Double Face: Double (master /slave) Led Backlit Label Panel: None *Warranty:2 year ensile parts /labor *Control: hard-wired handheld *Constant 120V AC Power must be provided by others *Installation not included ^ a 1d 9 p!33 r r planned p: d ° ;6e d coped, repeat/Leh e ; of 9 Display x retie auggestedp P/ All slot mast he stalled in edage[ Ilnetelletc a �oardaoespath nATIoNAL STATE ElccrRICALAkO DmmlmemP,. Swat!, Elea-rota o laydo - ,omnon has ao retom;6mq Drum, tads, seat R,Heater. iatalbNcnprelectdoal urul¢.I6e�aret6e�ap�.lbiD� U L nal LEL sae and zmlguraram nay pare 13 -0046 R2 Sheet 3 of 10 #1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL nep. oordmaro KRISTEN HAMILTON PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Date (/17/13 A oprural / Date Lent Estimating Ar En Landlord 111I21'13) 13'30: REMOVED LIOER DOLPEE 3111 PROM PROVIDED FLFVDTIOR 10 003 I1ANDARO SPEC fIIE. REPLACED E111EENIPRIUERO WIN IR "; 0.2.DOPPEO 11331 SEGMENTS TO PIT LUMPED HIT, 13413310/01 '.NFW AIVNING 0301, 1133 ELEVAIIONE. AND NE::' PIONNPIEIP 10/90109 Chandler Sians e ea 3544 5343 ili1P543103314 311e.. 30534 Perland, 18354 Rom, 503451043075 ax: 7604904033 FINAL ELECTRICAL CONNECTION BY CUSTOMER 1,15 51.1511.54451305 it 13,4455.34153E5 0 1,135405.311.531,1.43115.600 0,110 143450133.3 ELECTR.I. CODE 315405: r,.Emco. 310..la 3151,4551495 Exhibit "E" WINTER SPRINGS, FL #1074 SITE PLAN SCALE: I " =60' SIGN MARKERS MAY NOT BE TO SCALE RaceTrac 13 -0046 R2 Sheet 1 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL nep. oedema KRISTEN HAMILTON PAM GOFF Oesignvr KRYSTAL WIGHTARMSTRONG Dare 1/17/13 A ,proval / Date Lent Estimating Ar En Landlord 0.1 (121.13) Mk REMOVED WPMPAEEEE 663 330M 3003131/ ELEVFTION.10 MEEP SWAPO SPEC f1LE. REPLACED MONNMENIPRICERS WITH Err IMAM 316/6 SEGMENTS TO EH LARGER W0 ONITE. RE (1113 /13)11 UEW Al'lkING SPEQ, NEl'! ELEVATIONS. AND NE::' 0110MOIIE01 [003T101 Chandler Sians 12106 Ve 2902 5222 20122021 02212 Portland, TX 18122 122,2:22 ,0111,3,1,,221,1142 122222 202221922079 92x: 760291727022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 2225 21.1211.1112222 22 BE 2121.12.02112ED 12.127202.2122221221.22122720 622 02 2112 112210122.2 ELECTRICAL CODE 210202 210..U2.2 LOBEL, 0 WINTER SPRINGS, FL #1074 273' 4 1/16" 40' FRONT CANOPY ELEVATION SCALE: 3/64' = 1' -0" 24' LEFT SIDE CANOPY ELEVATION SCALE: 3/32" = 1' -0" 40' RIGHT SIDE CANOPY ELEVATION SCALE: 3/32' = 1' -0" 13 -0046 R2 Sheet 4 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL stl. Rep. KRISTEN HAMILTON Mato r PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Date 1/17/13 A ,proval / Date Rent ale Estimating Ar En Landlord 0.1(12113: 8131: REIIOVER LARGER CHEEP MN HOP PROVIDED ELEV3TION.10 REEP STANDA0, SPEC IIIE. REPLACED NONUNENERICERS WITN RI'; REVIORPEII SIGN SEGMENTS TO HI LARGER LEII PMTS. R2(2111/13)11'.NFW Al'l1166 SPEQ,NEV! ELEVATIONS. AND NEIV 6110N011EN1 /0EAT100 Chandler Sians 12106 Ye 2002 52021 001,01 02210 Perland, TX 18122 Bone, 202-2104070 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 2225 51.1511.111212012112 BE 21211.12.02112ED 1,127012.211.221221.221211720 RC 211E 112210122.2ELECTRICAL CODE 210205: 210..U2.2 212 LABEL, M SECONDARY L.E.D. WIRE JUMPER BETWEEN CABINETS: WIRES TRAVEL WITHIN 3/8" THREADED CONDUIT AT CABINET RETURN. �0LIT CHANNEL CABINET ON A CLOUD BACKGROUND PANEL SCALE: 3/8 " =1' -0" THREE (3) SETS REQUIRED - MANUFACTURE & INSTALL 51.0 SQ. FT EACH SET "O" IS TO BE .063" ALUM. INTEGRATED INTO CLOUD BACKGROUND with Ist. SURFACE. 3M #7725 -10 WHITE OPAQUE VINYL OVERLAY PRIMARY ELECTRICAL BY OTHERS (NOT INCLUDED BY CSI). 0.44 in 0.59 in / 1 in Uses SloanLED 12 VDC Power Supply 4003 1 5 Mounting Clip OPERIMETER L.E.D N.T.S. CHANDLER SIGNS TO INSTALL 255' -7 in ± LF OF SLOAN COLORLINE RED L.E.D. TUBING FOR THREE ELEVATIONS AS SHOWN- TUBING DOES NOT GO BEHIND LETTER SET CANOPY TO BE PAINTED RED w/ BLUE & WHITE STRIPE BY OTHERS FIELD SURVEY EXISTING CANOPY DIMENSIONS PRIOR TO FABRICATION OF L.E.D. TUBING. NOTE: Weather proof disconnect switch required on one letter, to control all power supplies for letter set. I" WIDE 3M 180 SAPPHIRE BLUE STRIPES SUPPLIED and INSTALLED (DIRECTLY ON CANOPY) ON EACH SIDE OF CHANNEL LETTERS by CHANDLER SIGNS U.L. LABELS REQUIRED INSTALL IN ACCORDANCE W/ NATIONAL ELECTRIC CODES SPECS PER CUSTOMER .050" ALUM. CHANNEL LETTERS RETURNS PAINTED PMS 485 C, RED AND .063" ALUM. BACKS - INSIDE OF BACKS AND RETURNS ARE PRE - FINISHED L.E.P. WHITE 2" BLUEJEWELITE TRIMCAP NON - CORROSIVE METAL MOUNTING ANCHORS BOLTS COMPATIBLE W/ WALL CONSTRUCTIONS .187" WHITE CYRO ACRYLITE ACRYLIC FACES WITH 1ST SURF. 3M #180C -37 SAPPHIRE BLUE OPAQUE VINYL OUTLINE OVERLAYS INTERNAL ILLUMINATION WITH WHITE SLOAN VALUE -LINE PLUS LEDs ELECTRICAL PRIMARY THRU 'h" DIA. SEALTITE (ELECT HOOK -UP BY CHANDLER TO EXISTING PRIMARY PROVIDED BY CUSTOMER ) - SEAL ALL WALL PENETRATIONS WITH CONSTRUCTION GRADE SILICONE CAULK REMOTE L.E.D. POWER SUPPLIES '/" DIA. WEEP HOLES IN LOW POINTS OF LETTERS ( MIN. (2) PER LETTER) - ALUMINUM LIGHT SCREENS AT EACH WEEP HOLE TO PREVENT LIGHT LEAKS .063" ALUM. BACKGROUND PANEL PAINTED PMS 485c RED WINTER SPRINGS, FL #1074 13 -0046 R2 She 5 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL stl. Rep. KRISTEN HAMILTON nardinamr PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Data 1/17/13 A ,provid / Date Lent Estimating En Landlord 0.1 (12113) Mk SEFIOVED URGER Of EE SIGN FROM PROVIDED ELEVOLION,IO SEEP SIMON SPEC fIIE. REPLACED MONLIMENIPRIMERS WITHZO "; IMONSMEO SIGN SEGMENTS TO In AGEISM UNITS. RE (1113 /13) DE.NEW Al'1NING fPFQ, NEl'! ELEVA1ONf. AND NE::' FIOMIIFIENI LOCATION Chandler Sians LETTER SECTION N.T.S. 12106 Ye 200 Rom 202-2104070 200252221XiI,0102210 "2167=116°0 Tx. 210•1219.2. Portland TX 18122 Phrs:::61.6627.2 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 0,«,105. SOW MUM. 01,022,92 ALL ODD # FLAGS 135° TOP VIEW 10" I" RADIUS Ur cF 3" FLANGE 135° ALL EVEN # FLAGS TOP VIEW — '/a" DIA. MOUNTING HOLES I" FROM TOP & BOTTOM TWO (2) TAPCON FASTENERS W/ PAINTED TO MATCH PMS #485 RED HEADS. D/F PUMP NUMBER FLAG DETAIL SIDE VIEW 1 15 1s s 17 18 OPUMP NUMBER FLAG SET ONE (I) OF EACH - 20 TOTAL REQ'D. - MANUFACTURE AND INSTALL 8 20 ALL ODD # FLAGS 135° TOP DETAIL @ COLUMN (TYP.) WINTER SPRINGS, FL #1074 ALL EVEN # FLAGS 135° NOTE: PLACE FASTENERS AWAY FROM BRICK CORNER TO AVOID BRICK FAILURE. ALSO, DIRECTION OF FLANGES TO BE DETERMINED BY FIELD SURVEY 10 12 3/411= I I -011 0.79 SQ. FT. EACH PANEL TYPICAL 0 TOP OF GAS PUMP TOPPER by CUSTOMER END VIEW 3/16"= I' -0" COLORS SPECIFICATION: .090ALUMINUN BLANK PAINTED RED 3M 3650 -10 WHITE VINYL NUMBERS & STRIPES 3M 7725 -37 SAPPHIRE BLUE ■ 485 RED ❑ WHITE ■ 280 BLUE 13 -0046 R2 sneer 6 of 10 #1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL stl. Rep. KRISTEN HAMILTON oord'inamr PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Dale 1/17/13 A .proval / Date Lent ale Estimating An Eng Landlord 0.1 (12113) M1'IA: REMOVED LAR6EROAIIEE 3161 ROM PR0:1011 ELEY3TIORI00111 SIAMDARO SPEC Alf. REPLACED MOMMMEMI PRIOERf WITH 1B"; 660RME031611 SEGMENTS TO HIL60600111 UNITS. RE (1113 /13)11 UEW A['IMIMG [1113, NEl'I ELEIAT10Mf. AM0 MEI:' 0110MMIIEM110EATION Chandler Sians gel fa, 3104011W 200 Bone, 202-2104070 fax: 912.212•0011 fr.: 2104042. Fax: 760404022 2002 52222 2,001 02210 Portland, DI 181221 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 210..U2.2 212 LABEL, Exhibit "F" WINTER SPRINGS, FL #1074 SITE PLAN SCALE: I " =60' SIGN MARKERS MAY NOT BE TO SCALE 13 -0046 R2 Sheet 1 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL stl. Rep. KRISTEN HAMILTON DAME. PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Date 1/17/13 A .proval / Date Lent ale Estimating En Landlord 0.1 (121.13, Mk REMOVED LARGER[OEEEE 66N HOP PROVIDER ELEVATION, SO MEEP SIA30ARD SPEC IIIE. REPLACED MONUMEMIPRI[ERS WITNER "; Sti.DORMEO SIGN SEGMENTS TO 111 LARGER LEO OYITS. RE ( 1113 /Il) 11'.31331/'03106 SPEQ, NEl'! 3 /1331033.ANO NE/:' 0110330110 /1/0@T101 Chandler Sians 2902 5222 201,21022k Portland, TX 18122 Rem 012232222222 122222 202221922079 Fax: 760291727022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 21215 21G211211.1112222 it 21,22122102,2122ED ,14,21,92022„0,14E2LAIE22,01.,10,rtAHL2,202,10E11.9,,2 1200,2021.11,0E, r,.ESmu. s�cuw��.a..nut is 57.7 SQ. FT +/- 57.9 SQ. FT +/- tor, C' -0 R1.N ■111111111 [ 111 11 IC 111j��FYi "�� II��I iYM�ll�1! " �I■1 1 Mil rraac1� AIL • 1111 fifir,wirl7E„ atr- 61.6 70. FT + / -- NORTH ELEVATION 1/16" = 1' -0" 0 ��IIIIIIIII 1 61 _....n1 1111111111 1u■.. -- n111111111u■...-- :...Ne11111I1111r...,._- u meiI- SOUTH ELEVATION 1/16" = 1 '-0" • r11I11111ML.._ Ir PEE EAST ELEVATION OA ...,■l i VIII IIII11e.11.i " -- 111111 11.101111111 11:101:i1 �-I- .eeesis 59.5 SQ. FT +1- 62.4 SQ. FT +/- WEST ELEVATION maw lxTdtloR Arc* WINTER SPRINGS, FL #1074 13 -0046 R2 Sheet 7 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL oordXnam KRISTEN HAMILTON PAM GOFF Desi3nvr KRYSTAL WIGHTARMSTRONG Data 1/17/13 A ,proval / Date Rent Estimating At En Landlord 0.1 (1/1113) MAO REMOVED LARGERIOEEEE 3161 FROM PROVIDED ELEV3TION ,10611P[IANDARD SPEC RITE. REPLACED MONUMEYI PRIME WITHER "; REVIORMEO 316/3 SEGMENTS TO HI LARGER LEO PRIES. RE (1113 /13)1L'.YEW I['3kING [3113, NEl'! 3 /111 IONR. AM NE::' I113131EN11IIAT1OI Chandler Sians 12106 Ye 2002 52021 001,01022k Perland, TX 18122 Bone, 202-2204070 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 210..U2.2 22 i. WINTER SPRINGS, FL #1074 Icon Graphics: Klurfll. Awning Colors: • NEW AWING SPECS c.urr x ,C1, C ;R AV • • 7WNI1JC A. • s • • AMMO C !C� AMMO E f Awning Sizes X5'•0' AWNING 8 IMO -'EIB' AMISS 0 lo' -0• AWNING F • Ai SCALE 3/16'' - 12" RaceTrac 13 -0046 R2 Sheet 8 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL nep. oord'inam KRISTEN HAMILTON PAM GOFF Designer KRYSTAL WIGHTARMSTRONG Dare 1/17/13 A .proval / Date Rent ale Estimating Ar En Landlord RI (121'13) 1333: REMOVED LARGEREOEEEE 3163 HIM PROVIDED ELEV3TION,30 MEEP STANDARD SPEC RITE. REPLACED MONUMENIPRIEERS WITHER "; REVIORMED SI611 SEGMENTS TO EH LARGER LED PMTS. RE (1113 /13) RE'.YEW A' kING fPFQ, NEl'! ELEVA1OML AND NE::' IIOMIIIIENI IOHTION Chandler Sians 10106 Ye 2002 52021 001,01022k Perland, TX 18122 Bone, 202-2104070 '02.22" 21'12141 267 22x: 7604174022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 .muwU...n 212 LABEL, 15' -3 7/8" FIELD VERIFY LENGTH OF MULLION 14' -8 1/2" BACKGROUND PANEL 14t -4 7/16" SECONDARY L.E.D. WIRE JUMPER BETWEEN CABINETS; ELECTRICAL WIRES TRAVEL WITHIN 3/8" THREADED CONDUIT AT CABINET RETURN. RaceTrac ®® r LIT CHANNEL CABINET ON CUSTOMER - PROVIDED STRUCTURE SCALE: v " =-0" TWO (2) SETS REQUIRED - MANUFACTURE & INSTALL 42 SQ. FT. EA. "OR " IS TO BE .063" ALUM. VHB MOUNTED with 1st. SURFACE. 3M #7725 -10 WHITE OPAQUE VINYL OVERLAY PRIMARY ELECTRICAL BY OTHERS (NOT INCLUDED BY CSI). SECONDARY JUMP BETWEEN "RACE" & "TRAC" LOCATED BEHIND BKGD. PANEL H.S.S. TUBE (6Y OTHERS) SPECS PER CUSTOMER 063" ALUM. BACKS PRE - FINISHED WHITE 050" ALUM. LETTER RETURNS PTD. PMS 485 C OUTSIDE & PRE - FINISHED L.E.P. WHITE INSIDE. 2" BLUEJEWELITE TRIM I87" WHITE CYRO ACRYLITE ACRYLIC FACES w/ 1ST SURE 3M #1130C-37 SAPPHIRE BLUE OPAQUE VINYL OUTLINE OVERLAYS INTERNAL ILLUMINATION WITH WHITE SLOAN VL PLUS LEDs ELECTRICAL PRIMARY THRU A" DIA. SEALTITE (ELECT HOOK -UP BY CHANDLER TO EXISTING PRIMARY PROVIDED BY CUSTOMER ) - SEAL ALL PENETRATIONS WITH CONSTRUCTION GRADE SILICONE CAULK WINTER SPRINGS, FL #1074 UMW NON - CORROSIVE METAL MOUNTING ANCHORS SCREWS INTO SQUARE TUBE BETWEEN WINDOW MULLIONS SELF-CONTAINED L.E.D. POWER SUPPLIES 1" DIA. WEEP HOLES IN LOW POINTS OF LETTERS ( MIN- ( 2 ) PER LETTER) - ALUMINUM LIGHT SCREENS AT EACH WEEP HOLE TO PREVENT LIGHT LEAKS 063" ALUM. BACKGROUND PANEL PAINTED PMS 4B5c RED GLASS STOREFRONT LETTER SECTION N.T.S. WINDOW MULLIONS H.S.S. STRUCTURE (BY CUSTOMER) ELECTRICAL RUNS INSIDE. U.L. LABELS REQUIRED INSTALL IN ACCORDANCE W/ NATIONAL ELECTRIC CODES 13 -0046 R2 Sheet 9 of 10 #1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL stl. Rep. KRISTEN HAMILTON DANA PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG DA (/17/13 A .proval / Date Lent ale Estimating Ar En Landlord 11(1/21'13) 33'13: REMOVED LARGER r3111E 1111 1R0M PROVIDED ELEV3TION ,103EEP SWARD SPEC f1IE. REPLACED MONUMENT 3313030 WITH 1R "; REWORKED SIGN SEGMENTS TO 111 LARDER LED DROPS. RE ( 2113 /13) RI.N(6I3'INING 03(11, NEl'1 ELEVATION1. AN0 NE':' 3311311(3/ 416/06 Chandler Sians 12106 Ye 2002 52021 001,01 02210 Perland, TX 18122 fa, 3104011W Bone, 202-2104070 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 0 6,1 4•••••••••••••••=wiemir .�,.r LiiWc 4' -1" I0r -0" OS/F INT. LIT SIGN & FCO LTRS. ONE ( I ) SET REQUIRED - MANUFACTURE & INSTALL A SCALE: 1/2"- I' -0" 56.25 SQ. FT. EA. *NOTE: SIMULATION OF LIGHTING EFFECT AT NIGHT TIME ONLY. S/F WALL CABINET SIGN: FACE: - CLEAR FORMED AND EMBOSSED POLYCARBONATE FACE. - RED STRIPES ONLY: TO BE DIGITALLY PRINTED ALTERNATING PMS #485 C & PMS #1805 C. - EMBOSSED BLUE/ WHITE COPY AND WHITE BORDER TO BE PAINTED WHITE AND TO MATCH EMS 280 BLUE. - 1" LIP TO MATCH PMS #485 C. RED FITS OVER ALUM. CABINET ALUM. CABINET: RETURNS PTM PMS 280 BLUE INSIDE PAINTED WITH L.E.P. THERE IS A CUT -OUT ALONG THE BOTTOM FILLER TO ALLOW DOWN- LIGHTING OF THE F.C.O. COPY BELOW COVER OPENING WITH WHITE LEXAN. INTERNAL ILLUMINATION: 8300 WHITE L.E.D. ILLUMINATION - MUST PROVIDE ADEQUATE LIGHTING THRU BOTTOM TRANSLUCENT RETURNS. MOUNTING: FLUSH MOUNTED TO WALL WITH NON- CORROSIVE FASTENERS. "FRESHLY BREWED COFFEE" & HORIZ. BANDS 1/4" THK. FCO. ALUM. LETTERS PTD. MATTHEWS BRUSHED ALUM. FLUSH STUD / SILICONE MOUNTED TO WALL. G.C. IS TO PROVIDE PRIMARY ELECTRICAL I" I" 111 5 WINTER SPRINGS, FL #1074 13 -0046 R2 Sheet 10 of 10 # 1074 Address SR 17 -92 & SR 419 WINTER SPRINGS. FL 4stl. Rep. KRISTEN HAMILTON [""rd'mam PAM GOFF Designer KRYSTAL WIGHT ARMSTRONG Date 1/17/13 Lent ale Estimating Ar En Landlord 0.1 (12113, Mk REMOVED LARGER COfFEE 116M FROM PROVIDED ELEVATION, IO DEEP STANDARD SPEC fIIE. REPLACED MONUMENT PRICERS WITH IB "; REWORDED SIGN SEGMENTS TO F11 URGER LED UNITS. RE (1113 /13) BE'.NEW Al'lNING fPFQ, NEl'! ELEVA1ONf.AND NE::' FIONUFIEI11 LOCMION Chandler Sians 12106 Ye 2002 52021 001,01 02210 Perland, TX 18122 Bone, 202-2104070 Fax: 760404022 FINAL ELECTRICAL CONNECTION BY CUSTOMER 21215 51.1511.111212012112 BE 21211.12.02112ED 1,127012.211.221221.221211720 RC 211E 112210122.2ELECTRICAL CODE 210205: 210..U2.2 LOBEL, Attachment "C" CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2013 PAGE 2 OF 9 VOTE: VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS No Reports were given. PUBLIC INPUT Chairman Poe opened "Public Input ". No one addressed the Board. Chairman Poe closed "Public Input ". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department — Planning Division The Community Development Department — Planning Division Requests That The Planning And Zoning Board Hold A Public Hearing To Consider Ordinance 2013- 03, Which Proposes To Annex Three Parcels Totaling Approximately 1.66 Acres, Generally Located On The Southwest Corner Of The Intersection Of U.S. Road 17- 92 And State Road 419. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item for discussion and referred to an image that illustrated the three (3) parcels being discussed. CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2013 PAGE 3 OF 9 Continuing, Mr. Howell explained, "The Applicant has requested Annexation of these parcels for development of the RaceTrac gas station that is proposed to be developed on the abandoned Hess Station site." Further, Mr. Howell noted, "The subject properties are contiguous with the City's existing boundaries and are currently located at an unincorporated area of Seminole County that is adjacent to the City of Winter Springs. Annexation of the parcels does not create an Enclave. Pursuant to Florida Statutes 171.044 (6), Seminole County Board of Commissioners was sent by a certified mail, notice of the Annexation for the subject parcels on January 25th, 2013. A forthcoming Annexation Agreement will be presented to the City Commission. This agreement would allow an existing billboard that is located on the southwestern parcel to be raised to a height higher and to remain on the property." Mr. Howell then stated that "There is an error in the Agenda Item for this. It says that the Agreement is attached as an Exhibit. It was meant to say that it would be provided as informational only and presented to the City Commission. So, you won't be considering that Annexation Agreement this evening. It's just the Annexation itself, so I apologize for that. It appears that all statutory requirements related to the voluntary Annexation have been satisfied and Staff recommends Approval." Brief comments. Mr. Tom Sullivan, Lowndes, Partner, Drosdic Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: stated, "On behalf of RaceTrac and the other property owners that have submitted the application that's before you, we didn't have a presentation prepared, I just wanted to say on RaceTrac's behalf that they are excited about the opportunity to become a contributing member of the Winter Springs' business community. We think this is a great location. It's at two (2) major intersections. RaceTrac as you can see is prepared to do their latest and greatest elevation and we think it's going to look great - certainly going to be a tremendous improvement over the existing Hess station that's been abandoned for some time. So, we're excited about it and we certainly concur with Staff's recommendation and are available to answer any questions you might have." Board Member Suzanne Walker asked, "What is the demand for that type of business in that particular location since the Hess station has been abandoned. Mr. Sullivan responded, "We think it's strong — I'm really outside Land Use Counsel for RaceTrac, so I'm not a RaceTrac's business representative but what I can tell you is one of the primary factors that they look at are just the number of trips on the road and the particular location and those trips are strong - the volume of trips is strong." CITY OF WINTER SPRINGS, FLORIDA DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 6, 2013 PAGE 4 OF 9 Mr. Sullivan added, "RaceTrac has a really strong track record of once they open a store, investing in it, they own and operate the store long -term. So, they feel terrific about the location and the demand for it or they wouldn't be prepared to make such a significant investment because it really is a significant cost to them; not just purchase the property, but to construct it, and this is as I said, a newer, bigger store - obviously it costs more money to make." Board Member Bart Philips remarked, "You will be tearing down the old Hess station, correct ?" Mr. Sullivan stated, "Correct, yes. It's a redevelopment — to totally redevelop it." Chairman Poe commented, "I know that that turn coming off of (State Road) 419, turning into the Hess Station is quite a `hill there, is that going to remain as is ?" Mr. Sullivan responded, "I think the access would remain the same, in other words, there would be access off of (State Road) 419 as you mentioned. And, I've been out to the site myself, I did notice there's a slope there but we think that access could be safely accommodated there and then also off of (U.S. Highway) 17/92." Mr. Bryan Potts, 2494 Rose Spring Drive, Orlando, Florida: as the Civil Engineer for the project and representative of RaceTrac, Mr. Potts noted, "I just want to correct that - we've done a plan and we've talked to DOT (Department of Transportation) about it. What we are doing is we are shifting the driveway further away from the intersection and we are reducing the slope. So, it will be a dramatically better situation on (State Road) 419 than what you have now." Chairman Poe opened "Public Input " for this Agenda Item. No one spoke. Chairman Poe closed "Public Input ". "MOTION TO APPROVE." MOTION BY VICE CHAIRMAN HENDERSON. CHAIRMAN POE STATED, "I HAVE A MOTION TO APPROVE ITEM `500' AS PRESENTED BY STAFF." SECONDED BY BOARD MEMBER WALKER. DISCUSSION. VOTE: VICE CHAIRMAN HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE CHAIRMAN POE: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED.