HomeMy WebLinkAbout2023 08 14 Public Hearing 402 - The Grove (IMPOWER)PUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA | AUGUST 14, 2023 REGULAR MEETING
TITLE
The Grove (IMPOWER)
SUMMARY
The applicant, The Grove (IMPOWER Florida), is seeking a Conditional Use approval to
expand their existing building. The Grove is an existing mental health treatment facility
located on the north side of Old Sanford Oviedo Road in Winter Springs. The subject
site is approximately 14.5 acres of land and houses six (6) individual buildings.
GCC_IMPOWER is currently licensed by the State of Florida Department of Children
and Family (DCF) for 32 beds. This Conditional Use application is seeking to renovate
an unused and unfurnished building and repurpose it to house female patients to
allow them to apply to DCF to increase the number of permitted beds from 32 to 48
total.
The Grove Counseling Center was established in 1971 in Winter Springs and has been
serving the surrounding community for more than 50 years. In 2007, Grove Counseling
Center submitted a Conditional Use Application to add a 24’ by 36’ classroom building,
which was approved. The Grove Counseling Center and IMPOWER merged in 2018 to
form a new organization (now IMPOWER) with more than 75+ years of combined
experience in treating mental health and substance use disorders.
The applicant is seeking a new conditional use approval to allow modification and
2,500 sq. ft. addition to one of the existing buildings near the southeast corner of the
site. A conditional use is required pursuant to Sec. 20-261(3) for Halfway houses, group
homes and similar uses.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the City Commission hold a Public Hearing and make a
determination regarding the Conditional Use application for the proposed expansion
to The Grove.
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PUBLIC HEARINGS AGENDA ITEM
PLANNING AND ZONING BOARD
Monday, August 14 , 2023 | REGULAR MEETING
TITLE
The Grove (IMPOWER) – Conditional Use and Development Agreement.
SUMMARY
The Community Development Department requests that the City Commission hold a
Public Hearing to consider the Conditional Use for a proposed expansion of The Grove,
a mental health counseling facility located in the I-1 Light Industrial District.
General Information
Applicant IMPOWER, Inc.
Property Owner(s) IMPOWER, Inc.
Location 580 Old Sanford Oviedo Road, Winter Springs, FL 32708
Tract Size ±13.61 Acres
Parcel ID Number 34-20-30-5AW-0000-0040
Zoning
Designation
I-1 Light Industrial District
FLUM Designation Industrial
Adjacent Land Use North: Undeveloped wooded
area (Spring Hammock
Preserve)
East: Industrial metal recycling
South: Trucking Company
West: Winter Springs Public
Works Facilities
Principal building
setbacks
Front plane: 25
ft.
Rear: 15 ft.
Side: 5 ft.
Development
Standards
Lot Width: 75
ft. minimum
Lot Depth:
100 ft.
minimum
Lot
Coverage:
75% max.
50 ft. building
height limit
Development
Permits
Conditional Use was previously approved in January 2007
Development
Agreement
Development Agreement | Pending (Conditional Use)
Code Enforcement Not applicable
City Liens Not applicable
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Background:
The Grove Counseling Center was established in 1971 in Winter Springs and has been
serving the surrounding community for more than 50 years. In 2007, Grove
Counseling Center submitted a Conditional Use Application to add a 24’ by 36’
classroom building, which was approved. The Grove Counseling Center and
IMPOWER merged in 2018 to form a new organization (now IMPOWER) with more
than 75+ years of combined experience in treating mental health and substance use
disorders.
The applicant is seeking a new conditional use approval to allow modiflcation and
2,500 sq. ft. addition to one of the existing buildings near the southeast corner of the
site. A conditional use is required pursuant to Sec. 20-261(3) for Halfway houses, group
homes and similar uses.
The Grove is located at 580 Old Sanford/Oviedo Road. The subject site is approximately
14.5 acres of land and houses six (6) individual buildings. GCC_IMPOWER is currently
licensed by the State of Florida Department of Children and Family (DCF) for 32 beds.
This Conditional Use application is not seeking to add new beds, only to renovate an
unused and unfurnished building and repurpose it to house female patients.
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and
within approximately flve-hundred feet (500) of the subject property and all
Homeowner’s Associations within ½ mile (6 notices) on May 19, 2023.
A Community Workshop was held on June 7, 2023. There were no objections raised at
the Community Workshop regarding the proposed development.
Analysis of Conditional Use (Sec. 20-33) Criteria:
All Conditional Use recommendations and flnal decisions shall be based on the
following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the site and flnal engineering plan and
subdivision of land, including its proposed density, height, scale and intensity, hours
of operation, building and lighting design, setbacks, buffers, noise, refuse, odor,
particulates, smoke, fumes and other emissions, parking and trafflc-generating
characteristics, number of persons anticipated using, residing or working under the
plan, and other off-site impacts, is compatible and harmonious with adjacent land
uses, and will not adversely impact land use activities in the immediate vicinity.
Analysis: The proposed renovation/addition is consistent with the currently
operating use. Given that the patients stay on-site fulltime, staff does not anticipate
any increased intensity as it relates to trafflc generation or parking demand. The
building renovation/addition will be compatible and harmonious with the existing
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development in physical appearance including building height, setbacks, buffers,
etc.
(2) Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation, and the design enhancements to be
adequate to accommodate the proposed density, scale and intensity of the site and
flnal engineering plan requested. The site shall be of sufflcient size to accommodate
design amenities such as screening, buffers, landscaping, open space, off-street
parking, safe and convenient automobile, bicycle, and pedestrian mobility at the site,
and other similar site plan improvements needed to mitigate against potential
adverse impacts of the proposed use.
Analysis: As presented on the site plan, the existing building will remain and be
renovated. The building addition portion will nest between the existing building and
existing paved parking area. Only a short new concrete sidewalk is required to
connect the new entry door to the existing parking area. Existing driveways, on-site
vehicular circulation, and pedestrian circulation will not need to be modifled. Any
increase in staff will be negligible and therefore existing parking facilities are more
than adequate to accommodate staff and visitors. The existing/new addition building
meets all of the setback requirements. Existing landscape and buffers, therefore, will
not need to be changed.
(3) Whether the proposed site and flnal engineering plan and subdivision of land
will have an adverse impact on the local economy, including governmental flscal
impact, employment, and property values.
Analysis: The Grove, an IMPOWER program, has contributed a positive impact on the
local economy since 1971. With the exception of design and construction jobs, we do
not anticipate new employment opportunities at this time. With additional
renovation improvement, the applicant hopes to add value to the property. We do not
anticipate any adverse government or flscal impact.
(4) Whether the proposed site and flnal engineering plan and subdivision of land
will have an adverse impact on the natural environment, including air, water, and
noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation,
and fiood hazards.
Analysis: The property is 13.5 acres with more than 50% of the site covered with natural
vegetation. The proposed addition is only 2,500 square feet, or 0.4% of the total site.
The project area is already surrounded by existing improvements. It therefore can be
concluded that the proposed use and improvements will have no adverse impact on
the natural environment including air, water, noise pollution, vegetation, and wildlife.
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(5) Whether the proposed site and flnal engineering plan and subdivision of land
will have an adverse impact on historic, scenic, and cultural resources, including views
and vistas, and loss or degradation of cultural and historic resources.
Analysis: There are no known cultural or historic resources on the site.
(6) Whether the proposed site and flnal engineering plan and subdivision of land
will have an adverse impact on public services, including water, sewer, stormwater
and surface water management, police, flre, parks and recreation, streets, public
transportation, marina and waterways, and bicycle and pedestrian facilities.
Analysis: All public utilities and facilities are currently in place to service the proposed
conditional use. The proposed building addition will not generate substantial demand
for these utilities or facilities.
(7) Whether the site and flnal engineering plan and subdivision of land, and related
trafflc report and plan provided by the applicant, details safe and efflcient means of
ingress and egress into and out of the neighborhood and adequately addresses the
impact of projected trafflc on the immediate neighborhood, trafflc circulation pattern
for the neighborhood, and trafflc fiow through immediate intersections and arterials.
Analysis: Additional trafflc generated as part of the proposed improvement will be
negligible as the only increased trafflc would be from additional staff. Means of ingress
and egress for the site or neighborhood will not be altered.
(8) Whether the proposed site and flnal engineering plan and subdivision of land
will have an adverse impact on housing and social conditions, including variety of
housing unit types and prices, and neighborhood quality.
Analysis: There is not anticipated to be any impact on housing and social conditions
as this is a self-contained facility.
(9) Whether the proposed site and flnal engineering plan and subdivision of land
avoids signiflcant adverse odor, emission, noise, glare, and vibration impacts on
adjacent and surrounding lands regarding refuse collection, service delivery, parking
and loading, signs, lighting, and other sire elements.
Analysis: There is not currently adverse odor, emissions, noise, glare, or vibrations
from the site nor is the proposed expansion anticipated to change that.
(10) Whether the applicant has provided an acceptable security plan for the
proposed establishment to be located on the site and flnal engineering plan and
subdivision of land that addresses the safety and security needs of the establishment
and its users and employees and minimizes impacts on the neighborhood, if
applicable.
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Analysis: Staff has been provided details of the facility’s security and crisis
management plans and feels that they are sufflcient to ensure the safety of the site
as well as the surrounding area.
(11) Whether the applicant has provided on the site and flnal engineering plan and
subdivision of land an acceptable plan for the mass delivery of merchandise for new
large footprint buildings (greater than twenty thousand (20,000) square feet)
including the hours of operation for delivery trucks to come into and exit the property
and surrounding neighborhood, if applicable.
Analysis: This criterion is not applicable.
(12) Whether the applicant has demonstrated that the site and flnal engineering
plan and subdivision of land have been designed to incorporate mitigative techniques
and plans needed to prevent adverse impacts addressed in the criteria stated herein
or to adjacent and surrounding uses and properties.
Analysis: The applicant proposes to renovate an existing building on the site. The
building addition area is attached to the existing building wall toward existing parking
areas. There will be no adverse impact on the existing function of the site.
(13) If the proposed conditional use is a residential use, whether the elementary,
middle, and high schools (K-12) that will be initially assigned to the residential project
by the school district at the time the city commission considers flnal approval of the
conditional use have both sufflcient capacity, are in close proximity to the project so
as to make each of the assigned schools accessible and convenient (e.g. walking
distance, travel time, private and public transportation, and quality of route
environment) to the majority of the school population that will be drawn from the
project, and promote and support the integration of future residents of the project
into the existing City of Winter Springs community in a sustainable manner.
Analysis: The Grove, an IMPOWER program, includes a residential function to serve
individuals and families who have already resided in the surrounding community.
There will be no new impact on school capacity.
(14) Whether the applicant has agreed to execute a binding development
agreement required by city to incorporate the terms and conditions of approval
deemed necessary by the city commission including, but not limited to, any
mitigative techniques and plans required by City Code.
Analysis: The applicant has no objection to executing a binding development
agreement and will consider reasonable terms and conditions of approval.
Applicable Law, Public Policy, and Events:
Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning;
Land Development Regulation (Provides that land development regulations for
municipal planning be consistent with the Comprehensive Plan).
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Home Rule Powers
City of Winter Springs Comprehensive Plan
City of Winter Springs Code of Ordinances
Ch. 20, Sec. 20-33. Conditional Uses.
Planning & Zoning Board Recommendation:
The Planning and Zoning Board recommended approval of the Conditional Use by a
vote of 4-0 with the recommended conditions listed below.
Staff Recommendation:
Staff recommends that the City Commission approve the Conditional Use to allow an
expansion of an existing mental health counseling facility subject to the following
conditions:
1. The applicant agrees to the execution of the Development Agreement and the
terms and conditions contained therein.
2. The applicant will not increase the number of beds beyond the 48 beds
currently without seeking further approval of an additional Conditional Use.
Attachments:
Aerial Map
Conditional Use Application
Project Description from Applicant
Development Agreement
1019
DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 1 of 10
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta &
Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and executed this
_______ day of __________________________, 2023, by and between the CITY OF WINTER
SPRINGS, a Florida Municipal Corporation (“City”), whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, and IMPOWER, INC., a Florida Not for Profit Corporation
(“Developer”), whose address is 2290 N. Ronald Reagan Blvd, Suite 116, Longwood, Florida
32750.
WITNESSETH:
WHEREAS, Developer is the owner of approximately 13.61 acres, more or less, of real
property located at 580 Old Sanford Oviedo Road, Winter Springs, Florida 32708, generally
northwest of the intersection of Wade Street and Old Sanford Oviedo Road, Winter Springs,
Seminole County, Florida, more particularly depicted and legally described on Exhibit “A,”
attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, pursuant to Section 20-261(3) of the City of Winter Springs Code of
Ordinances (“City Code”), a conditional use is required for halfway houses, group homes, and
similar uses; and
WHEREAS, a conditional use was approved for this property in 2007 to allow for the
construction of a classroom building at The Grove Counseling Center (now IMPOWER, Inc.); and
WHEREAS, the Developer has applied for a conditional use seeking an expansion of the
existing mental health counseling facility for the renovation and construction of a 2,500 square
foot addition to an of the existing building on the Property; and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the
City Code, a community workshop for the Project was held on June 7, 2023; and
FOR RECORDING DEPARTMENT USE ONLY
1020
DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 2 of 10
WHEREAS, Section 20-29(c) of the City Code requires that all conditional uses shall be
binding upon the use of the subject property and, further, that as a condition of approval by the
City Commission, all development projects requiring a community workshop pursuant to Section
20-29(c) of the City Code shall be required to be memorialized in a binding Development
Agreement; and
WHEREAS, this Development Agreement shall be recorded against the Property so that
the terms and conditions of approval related to the Project shall run with the land.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by
this reference.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule
Powers Act.
3.0 The Property. The real property subject to this Agreement has a tax parcel identification
number of 34-20-30-5AW-0000-0040, and is legally described in Exhibit “A.”
4.0 Project Description and Requirements. Developer may, at its expense, design, permit,
renovate, and construct a 2,500 square foot addition to an existing building on the southeast corner
of the Property. Hereinafter the project description and requirements are referred to as the
“Project.”
The Developer shall construct the Project in a manner consistent with the approved Conceptual
Sketch attached hereto as Exhibit “B”, which is fully incorporated herein by this reference. The
Conceptual Sketch is intended to be the general blueprint which details key aspects of the future
physical development of the Property. The Conceptual Sketch shall also serve as a necessary guide
for future permit applications and permitting necessary to complete the construction of the Project.
Developer shall have the obligation to further submit and obtain the City’s approval of a final site
plan and final engineering plans (“Final Engineering Plans”) consistent with the Conceptual
Sketch in all material respects and in compliance with the City Code. Developer acknowledges
and agrees that the Conceptual Sketch was not created with specific surveyed dimensions and that
during the Site Plan and Final Engineering Plan process such dimensions shall be surveyed, duly
engineered, and provided to the City for consideration under applicable City Codes. The
Conceptual Sketch shall be subject to reasonable adjustments at the Final Engineering Plan phase
in order to bring the Project into full compliance with the City Code, and as a result, the exact
location, layout and dimensions of the building, landscaping, entrances, utilities, parking and other
site improvements may vary slightly between approval of the Conceptual Sketch and approval of
the Final Engineering Plans. These changes shall be allowed as long as the changes are consistent
with the development standards noted in this Agreement and preserve the general character of the
development shown on the Conceptual Sketch.
1021
DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 3 of 10
Specific conditions of approval for the conditional use include the following, which are also
addressed in the City’s staff report:
A. The applicant shall not increase the number of beds beyond the 48 beds currently
licensed by the Florida Department of Children and Families without seeking further approval for
an expansion of the Conditional Use.
5.0. Future Permitting. Developer shall be required to, at minimum, receive final engineering
and site plan approval and aesthetic plan approval prior to receiving any building permit for the
Project. In accordance with Section 20-36 of the City Code, the conditional use shall expire two
(2) years after the Effective Date of this Agreement unless a building permit based upon and
incorporating the conditional use is issued by the city within such two (2) years. The conditional
use shall expire two and one-half (2 ½) years after the Effective Date of this Agreement unless the
Developer has substantially commenced vertical construction of buildings, which shall at
minimum include building foundations, within such two and one-half (2 ½) years.
6.0 Representations of the Parties. The City and Developer hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable
against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole
County, Florida, the Agreement shall be a binding obligation upon the Property in accordance
with the terms and conditions of this Agreement. Developer represents that it has voluntarily and
willfully executed this Agreement for purposes of binding himself and the Property to the terms
and conditions set forth in this Agreement.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Developer and their respective successors and assigns. The
terms and conditions of this Agreement similarly shall be binding upon the Property, and shall
run with title to the same upon being duly recorded against the Property by the City.
8.0 Controlling Law and Venue. This Agreement shall not be modified or amended except
by written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9.0 Amendments. This Agreement shall not be modified or amended except by written
agreement duly executed by both parties hereto, or their successors or assigns, and approved by
the City Commission.
10.0 Entire Agreement and Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Developer as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
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DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 4 of 10
11.0 Severability. If any provision of this 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 Agreement.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in
the Public Records of Seminole County, Florida by the City. The Developer shall be responsible
for all recording fees associated with this Agreement.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and other
applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City’s right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City’s potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
16.0 City's Police Power. Developer agrees and acknowledges that the City hereby reserves
all police powers granted to the City by law. In no way shall this Agreement be construed as the
City bargaining away or surrendering its police powers.
17.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
18.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and shall
not in any way whatsoever create any rights on behalf of any third party.
19.0 Specific Performance. Strict compliance shall be required with each and every provision
of this Agreement. The parties agree that failure to perform the obligations provided by this
Agreement shall result in irreparable damage and that specific performance of these obligations
may be obtained by a suit in equity.
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DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 5 of 10
20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party shall be responsible for their own attorney’s fees and costs.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any
development permit applications or requests subsequent to the Effective Date of this Agreement
in accordance with the criteria of the City Code and the requirements of this Agreement. The
failure of this Agreement to address any particular City, County, State and/or Federal permit,
condition, term or restriction shall not relieve Developer 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, trailer, structure or
unit if Developer is in breach of any term and condition of this Agreement.
22.0 Default. Failure by either party to perform each and every one of its obligations
hereunder shall constitute a default, entitling the non-defaulting party to pursue whatever remedies
are available to it under Florida law or equity including, without limitation, termination of this
Agreement, an action for specific performance, and/or injunctive relief. Prior to any party filing
any action as a result of a default under this Agreement, the non-defaulting party shall first provide
the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting
party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable
satisfaction of the non-defaulting party prior to filing said action.
23.0 Termination. In addition to termination as provided in Section 22.0 above, the City shall
have the unconditional right, but not obligation, to terminate this Agreement, without notice or
penalty, if Developer fails to receive building permits for the Project within two (2) years of the
Effective Date of this Agreement. Further, the City shall have the unconditional right, but not
obligation, to terminate this Agreement, without notice or penalty, if Developer fails to
substantially commence vertical construction of buildings, which shall at minimum include
building foundations, within two and one-half (2 ½) years of the Effective Date of this Agreement.
The Developer may apply to the City Commission for an extension of this Agreement, which may
be granted upon good cause shown. In addition, the City shall have the right, but not obligation, to
terminate the Agreement if Developer permanently abandons construction of the Project, provided,
however, the City shall first deliver written notice and an opportunity to cure to the defaulting
party as set forth in Section 22.0 above. If the City terminates this Agreement, the City shall record
a notice of termination against the Property in the public records of Seminole County, Florida.
24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees
and attorneys from and against all claims, losses, damages, personal injuries (including, but not
limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s
contractor’s and subcontractor’s performance of design, permit and construction, and maintenance
activities in furtherance of constructing the Project and maintaining the improvements of this
Project. This indemnification shall survive the termination of this Agreement.
1024
DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 6 of 10
25.0 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 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 (“Force
Majeure Event”), then, notwithstanding any provision of this Agreement to the contrary, that
failure shall not 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 Force Majeure Event. The extended Time Period shall be agreed to in writing by the
parties and said agreement shall not be unreasonably withheld by either party. The City Manager
shall have the authority to grant an extended Time Period. An extension of any Time Period for
reasons of a Force Majeure Event shall be requested solely as provided in this Section. Developer
hereby waives and relinquishes the right to notify the City of the intent to exercise the tolling and
extension of any permit related to the Project, including Time Periods under this Agreement,
development orders, and building permits, available under Section 252.363, Florida Statutes, as
the result of a declaration of a state of emergency issued by the Governor for a natural emergency.
26. Notice. Whenever either party desires to give notice to the other, notice shall be sent by
hand delivery or certified mail, return receipt requested, and shall be sent to:
For the City:
Phil Hursh, Interim City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D’Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
IMPOWER, INC.
2290 N. Ronald Reagan Blvd
Suite 116
Longwood, Florida 32750
Attn:
Phone:
Email:
1025
DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 7 of 10
Either party may freely modify their respective contact person and address contained in this
Paragraph by providing written notice of the modification to the other party. Any Notice given as
provided herein shall be deemed received as follows: if delivered by personal service, on the date
so delivered; and if mailed, on the third business day after mailing.
27.0 Assignment. Prior to completing the construction of the Project and reaching
final build-out of the Project, Developer shall not assign this Agreement without the prior written
consent of the City. Such assignment shall also require the written approval of the City by
amendment to this Agreement, which shall not require a public hearing and shall not be
unreasonably withheld. Any assignment authorized by this subparagraph shall require the
assignee to be a formal signatory to this Agreement and fully assume all of Developer’s
obligations, commitments, representations, and warranties under this Agreement. In any
assignment, the rights and obligations contained herein shall be binding on successors in interest
to the Property, and the terms and conditions of this Agreement shall bind and inure to the
benefit of the parties hereto and any respective successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS CITY SEAL
By: _________________________
Kevin McCann, Mayor
Date: __________________________
ATTEST:
By: __________________________
Christian Gowan, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida, only.
By: ________________________________
Anthony A. Garganese, City Attorney
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DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 8 of 10
Signed, sealed and delivered in the IMPOWER, INC.
presence of the following witnesses:
______________________________
Print name and title: _____________
____________________ ______________________________
Signature of Witness
Date: ____________________
____________________
Print Name of Witness
____________________
Signature of Witness
____________________
Print Name of Witness
STATE OF _________________________
COUNTY OF _______________________
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this day of ______________, 2023, by
___________________, the ________________ of IMPOWER, Inc., a Florida Not for Profit
Corporation, on behalf of the corporation, who is personally known to me or produced
_______________ as identification.
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY
EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY
(30) DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS
AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE
DEEMED NULL AND VOID.
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DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 9 of 10
EXHIBIT A
Property Legal Description
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DEVELOPMENT AGREEMENT
City of Winter Springs and IMPOWER, Inc. (The Grove Conditional Use)
Page 10 of 10
EXHIBIT B
Conceptual Sketch
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FIRE
SPRINKLER
RM
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Project Site
Parcel ID #34-20-30-5AW-0000-0040
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CONDITIONAL USE APPLICATION
THE GROVE - IMPOWER PROGRAM
BACKGROUND INFORMATION
The Grove Counseling Center (a.k.a. The Grove Academy) was established in 1971 in Winter
Springs and has been serving surrounding communities for more than 50 years. In December
2007, Grove Counseling Center submitted a Conditional Use Application to add a 24’ x 36’
classroom building. Conditional use approval was necessary since the property was located in I-
1 zoning district. Section 20-261 of the City Code requires Conditional Use approval for halfway
homes, group homes and similar facilities in this zoning district.
In 2018, the Grove Counseling Center and IMPOWER merged to form a new organization (now
IMPOWER) with more than 75+ years of combined experience in treating mental health and
substance use disorders.
NEW CONDITIONAL USE APPROVAL
The applicant is seeking a new conditional use approval to allow modification and 2,500-SF
addition to one of the existing buildings near the southeast corner of the site.
The Grove, an IMPOWER Program (GCC-IMPOWER), is located at 580 Old Sanford/Oviedo
Road. The subject site comprises approximately 14.5 acres of land and houses 6 individual
buildings. Based on Seminole County Property Appraiser’s website information, the subject site
has an “Office” future land use designation. Surrounding FLU designation consists of PU
environmental land to the north, Governmental land to the west, Old Sanford/Oviedo Road and
Industrial use to the south, and also Industrial use to the east. The site is accessible from SR 419
and SR 434 via Wade Street.
GCC-IMPOWER is currently licensed by The State of Florida Department of Children and Family
(DCF) for 32 beds. This Conditional Use application is not seeking to add new beds, only to
renovate an unused and unfurnished building and repurposed it to house female patients.
BUSINESS OPERATION
GCC-IMPOWER is a non-profit mental health and child wellbeing organization dedicated to
“inspiring life’s potential.” The Grove, an IMPOWER Program, provides voluntary residential
treatment for adolescents struggling with a primary substance use disorder. Youth clients
participate daily in individual, group, and family counseling, life skills, activity therapy, school, and
recreation therapy. Approximately 250 youth patients and 200 family members receive education
and support from this Winter Springs facility each year. The average length of stay is 60 to 90
days.
GCC-IMPOWER Program is a residential program that operates 24 hours per day, 365 days per
year. Business office hours are Monday – Friday from 9 am to 5 pm. The organization employs
more than 160 employees. Approximately 45 employees work at the Winter Springs location. One
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third of these 45 staff are part-time employees. The maximum number of staff on campus at one
time is about 18 during M-F business hours. These include administrative staff, medical,
counseling, and direct care, maintenance, and kitchen staff. During the evenings and weekends
the number of staff is reduced to 10.
CONDITIONAL USE JUSTIFICATION
Pursuant to Section 20-33(d) of the City Code, all conditional use recommendations and final
decisions shall be based on certain set criteria. These criteria can be addressed as follow:
1. Whether the applicant has demonstrated the conditional use, including its proposed
density, height, scale and intensity, hours of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions,
parking and traffic- generating characteristics, number of persons anticipated using,
residing or working under the conditional use, and other off-site impacts, is compatible
and harmonious with adjacent land uses, and will not adversely impact land use
activities in the immediate vicinity.
The use of proposed building renovation/addition is similar to the previously
approved conditional use. There will be no change in the current business operation.
The proposed building addition has no effect on the current development intensity of
existing conditional use in terms of number of persons, traffic generation, or parking
since there is no increase in patient beds or employees. The building renovation /
addition will be compatible and harmonious with existing development in physical
appearance including building height, setbacks, buffers, etc.
2. Whether the applicant has demonstrated the size and shape of the site, the proposed
access and internal circulation and the design enhancements to be adequate to
accommodate the proposed density, scale and intensity of the conditional use requested.
The site shall be of sufficient size to accommodate design amenities such as screening,
buffers, landscaping, open space, off-street parking, safe and convenient automobile.
Bicycle, and pedestrian mobility at the site and other similar site plan improvements needed
to mitigate against potential adverse impacts of the proposed use.
As presented on the site plan, the existing building will remain and be renovated. The
building addition portion will nest between the existing building and existing paved
parking area. Only a short new concrete sidewalk is required to connect the new
entry door to the existing parking area. Existing driveways, on-site vehicular and
pedestrian circulation will not need to be modified. Since there is no additional staff
for patient capacity, additional parking will not be necessary, the existing parking
facility is more than adequate to accommodate staff and visitors. The existing / new
addition building meets all of the setback requirements. Existing landscape and
buffers, therefore, will not need to be changed.
3. Whether the proposed use will have an adverse impact on the local economy including
governmental fiscal impact, employment, and property values.
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The Grove, an IMPOWER Program, has contributed positive impact on local economy
since 1971. With the exception of design and construction jobs, we do not anticipate
new employment opportunities at this time. With additional renovation improvement
the applicant hopes to add value to the property. We do not anticipate any adverse
impact on governmental fiscal.
4. Whether the proposed use will have an adverse impact on the natural environment,
including air, water, noise pollution, vegetation and wildlife, open space, noxious and
desirable vegetation, and flood hazards.
The property is 14.5 acres with more than 50% of the site covered with natural
vegetation. The proposed addition is only 2,500 square feet or 0.4%. The project area
is already surrounded by existing improvements. It is, therefore, can be concluded
that the proposed use and improvement will have no adverse impact on the natural
environment including air, water, noise pollution, vegetation and wildlife.
5. Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic
resources.
There is no known cultural or historical resources on this site
6. Whether the proposed use will have an adverse impact on public services, including
water, sewer, stormwater and surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities.
All public utilities and facilities are currently in place to service the proposed
conditional use. The proposed building addition does not generate substantial
demand for these utilities and facilities.
7. Whether the traffic report and plan provided by the applicant details safe and efficient
means of ingress and egress into and out of the neighborhood and adequately
addresses the impact of projected traffic on the immediate neighborhood, traffic
circulation pattern for the neighborhood, and traffic flow through immediate
intersections and arterials.
There is no additional traffic projected as part of the proposed improvement. Means
of ingress and egress in and out of the site or neighborhood will not be altered.
8. Whether the proposed use will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
The applicant is not proposing a new use or an increase in density. There will
be no impact on housing and social conditions.
9. Whether the proposed use avoids significant adverse odor, emission, noise,
glare, and vibration impacts on adjacent and surrounding lands regarding refuse
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collection, service delivery, parking and loading, signs, lighting, and other sire
elements.
As stated above, the applicant is not proposing any new uses or an increase
in density. Existing land use does not produce adverse odor, emission, noise,
glare, or vibration.
10. Whether the applicant has provided an acceptable security plan for the proposed
establishment that addresses the safety and security needs of the establishment and
its users and employees and minimizes impacts on the neighborhood, if applicable.
This criterion is not applicable.
11. Whether the applicant has provided an acceptable plan for the mass delivery of
merchandise for large new footprint buildings (greater than twenty thousand
(20,000) square feet) including the hours of operation for delivery trucks to come
into and exit the property and surrounding neighborhood, if applicable.
This criterion is not applicable.
12. Whether the applicant has demonstrated that the conditional use and associated
site plan have been designed to incorporate mitigative techniques and plans
needed to prevent adverse impacts addressed in the criteria stated herein or to
adjacent and surrounding uses and properties.
The applicant proposes to renovate an existing building on the site. The building
addition area is attached to the existing building wall toward existing parking
areas. There is no adverse impact on the existing function of the site to mitigate.
13. If the proposed conditional use is a residential use, whether the elementary, middle
and high schools (K—12) that will be initially assigned to the residential project by
the school district at the time the city commission considers final approval of the
conditional use have both sufficient capacity, are in close proximity to the project
so as to make each of the assigned schools accessible and convenient (e.g., walking
distance, travel time, private and public transportation, and quality of route
environment) to the majority of the school population that will be drawn from the
project, and promote and support the integration of future residents of the project
into the existing city of Winter Springs community in a sustainable manner.
The Grove, an IMPOWER Program, includes a residential function to serve
individuals and families who have already resided in the surrounding communities.
There will be no new impact on school capacity.
14. Whether the applicant has agreed to execute a binding development agreement
required by city to incorporate the terms and conditions of approval deemed
necessary by the city commission including, but not limited to, any mitigative
techniques and plans required by City Code
The applicant has no objection to execute a binding development agreement and
will consider reasonable terms and conditions of approval.
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