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HomeMy WebLinkAbout2024 01 08 Public Hearing 401 - CU2023-00000065 Amusement ArcadePUBLIC HEARINGS AGENDA ITEM 401 CITY COMMISSION AGENDA | JANUARY 8, 2024 REGULAR MEETING TITLE CU2023-00000065 Amusement Arcade SUMMARY The subject property (approximately ±8.97 gross acres in size) is generally bounded to the north by State Road 434, and to the east, west, and south by residential property. The applicant's intent is to operate an indoor amusement arcade along with restaurant-related services within suite 1137 of the Villaggio Shopping Mall located at 851-855 E SR 434. The proposed site is a developed suite within existing commercial property. The suite interior square-footage, as provided by the applicant’s submitted floor plan, consists of 5,958 sq. ft. of which 4,309 sq. ft. is the proposed amusement area. Additionally, the developed parcel consists of approximately 196 off-street parking spaces, as well as mobility considerations such as a transit bus shelter along SR-434 that accommodates Lynx Bus Route 434, and sidewalks from SR-434 leading to internal crosswalks, sidewalks, and walking areas within the shopping mall area. FUNDING SOURCE N/A RECOMMENDATION Staff recommends that the City Commission hold a public hearing regarding a conditional use application for the operation of an amusement arcade within the C-1 Neighborhood Commercial District subject to conditions. 95 PUBLIC HEARINGS AGENDA ITEM CITY COMMISSION Monday, January 08, 2024 | REGULAR MEETING   TITLE Conditional Use Application: Amusement – Arcade SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider the Conditional Use Application for amusement activities in order for the applicant to provide arcade-style gaming at 855 E State Road 434 (Villaggio). General Information Applicant(s) John Pyle Sasha Pyle Property Owner(s) KS Realty LP Location 855 E SR 434, Suite 1137 Tract Size ±8.97 Acres (Suite: 6215 sq. ft.)* * As of 11/07/2023: SCPA Land Assessment: 320,784 SF & 0.07 AC (= 7.43 Acres) SCPA GIS: 9.00 Acres. See Exhibit H. Permit/Case: CU2023-00000065 Conditional Use: Amusement Parcel ID Number(s) 26-20-30-5AR-0D00-0080 Zoning Designation Neighborhood Commercial District (C-1) FLUM Designation Commercial Adjacent Land Use North: SR-434, Planned Unit Development (PUD) Parkstone Unit 2 Subdivision South: One-Family Dwelling District (R-1A) East: Planned Unit Development (PUD) Stone Gable Subdivision West: Single-Family Residential (Seminole County) Principle building setbacks (from property line) Front: N/A Rear: N/A. Side: N/A Frontage buildout: N/A Development Standards N/A; suite within existing building 96   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 2 OF 9 Development Permits 03303 – 2 HR Fire Tenant Separation Wall (Sept/2020) 02919 – Fire Alarm Modifications to comply w/ New Space (Sept/2015) Development Agreement Proposed Development Agreement attached Code Enforcement 2021CE003506 - Signage - Cancelled 2021CE000462 - Signage - Complied City Liens Not Applicable Notices Mailed notices were proofed for distribution on November 13, 2023 for property owners within 500 feet. Signage was posted on site November 13, 2023 Background: The Community Development Department received an application from John Pyle and Sasha Pyle for a Conditional Use to allow arcade-style gaming devices and associated play areas within a suite of a developed site located in the Neighborhood Commercial (C-1) zoning district. The subject property (approximately ±9.00 gross acres in size) is generally bounded to the north by State Road 434, and to the east, west, and south by residential property. The applicant intent is to operate indoor amusement along with restaurant-related services. The proposed site is a developed suite within existing commercial property. Therefore, new construction is not proposed. The suite interior square-footage, as provided by the applicant’s submitted floor plan (Exhibit B), consists of 5,958 sq. ft. The site contains a kitchen and bar that encompasses 268 sq. ft. The proposed floor plan consists of an interior dining areas totaling 240 sq. ft., restroom consisting of 473 sq. ft., and classroom and party area consisting of 668 sq. ft. resulting in 4,309 sq. ft of proposed amusement area. Amusement arcades, amusement device (except gambling) operated in own facilities, electronic game arcades, family fun centers, game rooms (except gambling) indoor play areas, pinball arcades, and video game arcades are classified, according to the North American Industry Classification System (NAICS), through the United States Census Bureau, as associated with NAICS code 713120 (Exhibit C) entitled Amusement Arcades. Additionally, Section 20-254(1) of the City Code provides that “amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses)” require a conditional use permit in the C-1 zoning district. The inclusion of play centers and bowling alleys within City Code are locations housed within a building, and therefore indicates the city’s amusement classification is not limited to outdoor activities but includes indoor amusement as well. Therefore, NAICS Code 713120 in conjunction with City Code, the intended use of the proposed site is Amusement that requires Conditional Use approval within the C-1 zoning district. 97   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 3 OF 9 Research pertaining to this application revealed an inaccurate acreage assessment of the parcel provided by Seminole County Property Appraisers’ (SCPA) website. As of November 07, 2023, the land assessed was 320,784 square-feet at $4.63 and 0.07 acres at $111.28. An $8 land value was assessed for 0.07 acres. Staff performed a land area calculation of the parcel that aligned with approximately nine (9) acres, or 392,040 square-feet of land. This calculation coincided with parcel information provided on the SCPA GIS map, but not the property record card that provides assessment information. Staff’s request for SCPA to provide clarification resulted in an update to an assessed land calculation as described below and shown in Exhibit H. As of November 07, 2023, the land values appeared to be calculated as follows: 320,784 square-feet (7.36 acres) X $4.63 = $1,485,230 0.07 Acres (3,049 sq.ft.) X $111.28 = $8.00 The assessment was updated to the following: 390,878 square-feet (8.97 acres) X $4.63 = $1,809,765 Difference: 390,878 – 320,784 – 3,049 = +67,045 sq.ft. $1,809,765 – ($1,485,230 + $8) = +$324,527 Public Notices: Notices were mailed to all owners of real property adjacent to and within approximately five-hundred feet (500) of the subject property and all Homeowner’s Associations on file with the City Winter Springs (113 notices). Notices for the December 01, 2023 Community Workshop, December 07, 2023 Planning and Zoning Board, and January 08, 2024 City Commission Meetings were issued for mailing on November 07, 2023. On-site signage was posted on November 11, 2023. Analysis of Conditional Use (Sec. 20-33) Criteria: All conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (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 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. The applicant(s) propose amusement, permissible with the C-1 zoning district as a conditional use, within an existing shopping mall. Density, height, scale, intensity, setbacks, buffers, parking and traffic-generating characteristics, and off-site impacts are not foreseen to have an impact for this site. The proposed use is compatible and 98   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 4 OF 9 harmonious with existing activities within the existing shopping mall as entities currently provide outdoor seating arrangements and some form of game/sport related activity. Additional information pertaining to proposed operations are below: Hours of Operation: 11:00am – 12:00am Smoking: Not Allowed Signage: To be provided in accordance with City and landlord approvals Parking: Share 196 existing parking spaces Employees: 10-15 (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. The total square-footage of the suite is 6,215 square-feet of which there is 5,958 square- feet of internal space. As depicted in Exhibit B, the conceptual floor plan consists of the following areas and associated square footage: Arcade/Gaming Area: 4,977 sq.ft. Gaming Room 1: 2,122 sq.ft. Gaming Room 2: 2,855 sq.ft. Open Floor and Games: 849 sq.ft. Gaming Room: 1,338 sq.ft. Class/Event/Party/Gaming Area: 668 Bar/Kitchen Area: 268 sq.ft. Restroom Area: 473 sq.ft. Dining Areas: 480 sq.ft. Dining Area – Interior: 240 sq.ft. Dining Area – Exterior: 240 sq.ft. The applicant proposes an internal modification to the existing suite to include a partition wall to accommodate classes, events, and parties. Additionally, the developed site consists of approximately 196 off-street parking spaces, as well as mobility considerations such as a transit bus shelter along SR-434 that accommodates Lynx Bus Route 434, and sidewalks from SR-434 leading to internal crosswalks, sidewalks, and walking areas within the shopping mall area. Screening, buffers, landscaping, and open space are not considerations necessary for the utilization of the existing suite for amusement – arcade use. 99   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 5 OF 9 (3) Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values. The suite contained a previous business that has since vacated the site. The proposed conditional use of amusement for arcades does not appear to impose an adverse impact on the local economy, governmental fiscal impact, employment, or property values. (4) Whether the proposed use 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 flood hazards. The amusement use proposed for the site does not require new construction, does not add permanent impervious surface(s), and is not anticipated, based on the information provided, to emit pollutants into the natural environment. The equipment, arcade game related items, associated with the conditional use is to remain indoors within the confines of the space in question. (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. It is not anticipated that the proposed development will have an adverse impact on any historic, scenic, or cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. (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. The proposed amusement use is not anticipated to 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. The existing shopping mall contains current and former restaurant/bar locations previously approved within said shopping plaza. (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. The existing shopping plaza provides a traffic circulation pattern within the subject lot. Projected traffic for the conditional use is not anticipated to detrimentally impact the traffic flow through immediate intersections and arterials. The existing lot is 100   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 6 OF 9 accommodating, as it has been, to support new business within the site in question. Given the existence of the shopping plaza’s parking lot, vacant suites, and parking lot size, a traffic report was not requested from the applicant. (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 proposed use does not propose new development that makes use of a vacant suite catering towards arcade gaming. Therefore, it may be determined that the proposed conditional use may have a social impact that is more positive than either a vacant suite, as it currently exists, or a restaurant/bar-only model and provides variety to existing uses for the entire shopping plaza. (9) Whether the proposed use avoids significant 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. The proposed conditional use is not anticipated to emit odors, noise, glares, or vibrations that will adversely impact adjacent properties. The applicant indicated in the application that location has tinted glass, that will assist in preventing any potential glare. (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. Entry fee, game room attendants, bartenders, cashless, personal host for events, security alarm system to be installed and monitored. In addition to requiring employees to attend safety classes, the applicant intends to have internal policies to monitor and avoid risk. Additionally, the applicant will be required to follow required codes and pass inspections to operate the business in question. (11) Whether the applicant has provided 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. Not applicable for the proposed use as the site in question is a suite consisting of less than 7,000 sf. ft. (12) Whether the applicant has demonstrated that the conditional use and associated site plan have been designed to incorporate mitigative techniques and 101   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 7 OF 9 plans needed to prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding uses and properties. The conditional use is to be operated within the confines of the suite in question. Equipment, staffing, internal safety procedures, City Code, and permitting ensure the conditional use does not create adverse impacts within the existing development and/or adjacent surrounding uses and properties. (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. This criterion is not applicable as the parcel is zoned Neighborhood Commercial with commercial Future Land Use. (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. A binding development agreement is attached hereto. Water and Sewer: Water and sewer service exist within the developed suite that previously served similar beverage(s). Stormwater: The proposed amusement conditional use does not add permanent impervious surfaces to the site and does not contribute to added stormwater runoff as the location is a developed site existing prior to this application. Existing stormwater management is not anticipated to be impacted. 102   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 8 OF 9 Procedural History: January 08, 2024 City Commission December 07, 2023 Planning & Zoning Board 5-0-0 (Shafer/Ferrante); Board-Initiated Condition Requested To Restrict Hours Of Operation December 01, 2023 Community Workshop 9 Attendees; 9-0 (Favorable) October 17, 2023 Application Resubmittal (Round 2) October 03, 2023 Application Submission (Round 1) September 22, 2023 Pre-Application Meeting | PA2023-0053 Applicable Law, Public Policy, and Events: City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Ch20, Sec. 20-33. Conditional Uses. Fiscal Impact: The vacant suite within the existing shopping mall/plaza appears to have a foreseeable benefit by activating the suite for business. Staff Recommendation: Should the Planning and Zoning Board recommend approval of the Conditional Use to allow amusement, staff recommends the following conditions: 1. The conditional use approval shall be limited to an arcade amusement and does not extend to other types of amusements such as golf driving ranges, miniature golf courses, billiard halls, children’s play centers, or bowling alleys, absent a new conditional use permit being approved. 2. Substantial conformance to the Conceptual Floor Plan attached hereto as Exhibit B. 3. Signage shall conform to Chapter 16, Article III of City Code except to the extent signage requirements have been established in the Agreement or subsequent Modifications of the Agreement. 4. The operators of the conditional use shall create and implement a security plan to ensure safety on site. 5. The conditional use for an arcade amusement shall be restricted solely to one commercial suite of the subject property, which shall not exceed 6,215 square- feet in size. Any further expansion shall require additional approval of a conditional use. 6. No “slot machines or devices” shall be permitted in the arcade as defined in Sec. 10-115 of the City Code. 103   PUBLIC HEARINGS AGENDA ITEM | MONDAY, JANUARY 08, 2024 | PAGE 9 OF 9 7. Daily hours of operation shall not extend beyond 12:00am midnight. Attachments: Exhibit A - Application Exhibit B – Conceptual Floor Plan Exhibit C – NAICS Code 713120 Exhibit D – Statement Exhibit E – Aerial Map and Site Photos Exhibit F – Existing Development Agreement Exhibit G – Public Notices and Addresses Exhibit H – Seminole County Property Appraiser Land Assessment Exhibit I – Proposed Development Agreement 104 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use 2019/10 Page 1 of 6 The Community Development Director reserves the right to determine whether this application is complete and accurate. An incomplete application will not be processed and will be returned to the applicant. The application shall be reviewed per Chapter 20–Zoning Sec.20-33. The sufficiency review shall be completed within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient, the applicant shall move forward with the Community Workshop, required per Chapter 20–Zoning Sec.20-29.1. Applicants are responsible for posting notice (provided by the city) on the site at least seven (7) days prior to the Planning & Zoning Board (PZB) meeting at which the matter will be considered. Said notice shall not be posted within the City right-of-way. All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below, that he or she: •May be sworn-in as a witness in order to provide testimony to the City Commission; •Shall be subject to cross-examination by party intervenors (if requested); and •Shall be required to qualify expert witnesses, as appropriate. Applicants are encouraged to familiarize themselves with Chapter 2 – Administration Sec. 2-30 of the Winter Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Conditional Use recommendations shall be based from the required information/documentation provided, the Winter Springs Code of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable). The City Commission (CC) shall render all final decisions regarding Conditional Uses and may impose reasonable conditions on any approved Conditional Use to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. Applicants are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per Florida Statute 286.0105. A Conditional Use which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the Conditional Use, is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the Conditional Use shall be deemed expired and null and void, per Chapter 20 – Sec.20-36. 105 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use Page 2 of 6 Date: REQUIRED INFORMATION: Applicant(s): Mailing address: Email: Phone Number: Property Owner(s): Mailing Address: Email: Phone Number: Project Name: Property Address: Parcel ID(s): Parcel Size: Existing Use: Future Land Use: Zoning District: Conditional Use that is being requested? How is the Conditional Use (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 offsite impacts) compatible and harmonious with adjacent land uses? Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? 106 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use Page 3 of 6 Demonstrate 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. Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why not? Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? Will the proposed use 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? If no, why not? Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? 107 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use Page 4 of 6 Will the proposed use avoids significant 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? If no, why not? Demonstrate 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. 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. Has the applicant agreed to 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? Yes No List all witnesses that the applicant intends to present to the City Commission to provide testimony: Describe with specificity any evidence which the applicant intends to present to the City Commission, including oral factual testimony, maps, photographs, records or reports and/or expert testimony: 108 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use Page 5 of 6 Attach all documentary evidence which the applicant intends to present to the city commission to the back of this application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted at the city commission hearing if not submitted at least seven (7) days prior to such hearing REQUIRED DOCUMENTATION (PDF): ___ A complete Application and Fee ($500.00*) ___ A general description of the relief sought under this division ___ A brief explanation, with applicable supporting competent substantial evidence and documents, as to why the application satisfies the relevant criteria set forth in this division ___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale). ___ 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. ___ An acceptable plan for the mass delivery of merchandise for new large footprint buildings (greater than 20,000 square feet) including the hours of operation for delivery trucks to come into and exit the property and surrounding neighborhood. ___ For all new commercial development and new residential subdivisions of ten (10) or more lots or existing commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity and requiring a modified site plan, or development agreements process under section 20-28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly and competently examine an application for compliance with the city code and the affect and impact the proposed use will have on neighborhood and surrounding properties, applicants shall be required to submit with the following additional information referenced in Chapter 20 – Zoning Sec.20.29 Applications (7) – (11). * Fees are as shown above plus actual costs incurred for advertising or notification, and for reimbursement for technical and/or professional services which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the city’s consultant) , payable prior to approval of the pertinent stage of development. CITY LIMITED RIGHT OF ENTRY: By submitting this Application you hereby grant temporary right of entry for City Officials to enter upon the subject property for purposes of evaluating this Application and posting on 109 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org Application – Conditional Use Page 6 of 6 the subject property. APPLICANT’S AUTHORIZATION: I desire to make Application for a Conditional Use for the aforementioned project and have read and agree to the terms contained herein. In addition, if the Applicant is a corporate entity, the undersigned hereby represents and warrants that he/she is authorized to act on behalf of, and bind, the corporate entity. Applicant Name (Print): Applicant Signature: Date: Business Name: Address: Parcel ID: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: Note: The Property Owner shall sign and have their signature notarized below if the Applicant is not the owner of the subject property. Property Owner’s Name (Print): Property Owner Signature: STATE OF COUNTY OF Date The foregoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or who has produced as identification and who did/did not take an oath. Date: (seal): Notary Public Signature: My Commission expires: 110 111 11/27/23, 4:46 PM North American Industry Classification System (NAICS) U.S. Census Bureau https://www.census.gov/naics/?input=713120&year=2022&details=713120 1/5 (h t t ps ://www.c e n sus .gov) An official website of the United States government Nor th American Industry Classication System Menu NAICS Search Enter keyword or 2-6 digit code 2022 NAICS Search Go Enter keyword or 2-6 digit code 2017 NAICS Search Go Enter keyword or 2-6 digit code 2012 NAICS Search Go 2022 NAICS Denition T = Canadian, Mexican, and United States industries are comparable. 713120 Amusement Arcades This industry comprises establishments primarily engaged in operating amusement (except gambling, billiard, or pool) arcades and parlors. Cross-References. Establishments primarily engaged in-- Operating a variety of attractions, such as mechanical rides, water rides, games, shows, theme exhibits, refreshment stands, and picnic grounds, known as amusement or theme parks--are classied in Industry 713110, Amusement and Theme Parks; Supplying and servicing coin- or card-operated amusement (except gambling) devices or rides in places of business operated by others, operating billiard or pool parlors, or operating recreation attractions, such as waterslides, miniature golf courses, and gocart raceways--are classied in Industry 713990, All Other Amusement and Recreation Industries; Operating bingo, off-track betting, or slot machine parlors or in supplying and servicing coin- or card-operated gambling devices (e.g., slot machines or video gambling terminals) in places of Yes No Is this page helpful?✕ 112 11/27/23, 4:46 PM North American Industry Classification System (NAICS) U.S. Census Bureau https://www.census.gov/naics/?input=713120&year=2022&details=713120 2/5 business operated by others--are classied in Industry 713290, Other Gambling Industries; Operating casinos (except casino hotels)--are classied in Industry 713210, Casinos (except Casino Hotels); and Operating casino hotels--are classied in Industry 721120, Casino Hotels. 2012 NAICS 2017 NAICS 2022 NAICS Corresponding Index Entries 713120 713120 713120 Amusement arcades 713120 713120 713120 Amusement device (except gambling) parlors, coin- or card-operated 713120 713120 713120 Amusement devices (except gambling) operated in own facilities 713120 713120 713120 Arcades, amusement 713120 713120 713120 Electronic game arcades 713120 713120 713120 Family fun centers 713120 713120 713120 Game rooms (except gambling) 713120 713120 713120 Indoor play areas 713120 713120 713120 Pinball arcades 713120 713120 713120 Video game arcades (except gambling) 2022 NAICS Manual  Yes No Is this page helpful?✕ 113 October 17, 2023 To: City of Winter Springs RE: Consideration for Conditional Use C/U number: CU2023-00000065 We want to first thank you for your time and consideration. We present to you an opportunity for our community to grow culturally as well as add employment opportunities and value. We are a retro themed restaurant café where our games are part of the décor. Customers can come in and be taken back to their childhood years. We also want to cater to our younger audience by providing i nteractive games for them to enjoy and learn from. As with any restaurant, the prices will vary depending on food and beverage items. The $20 fee at the entry allows everyone to play for free if they wish to do so for that day. The company will have classes scheduled throughout each month for those who want to learn how to broadcast and with today’s activities on social media, will be beneficial for those interested in getting more familiar with how to stream live content, connect with others, market and grow whether it is individually or as a business. Our restaurant will host birthday parties for all ages. We want to offer different activities throughout the year such as: BOGO days, Kids free days, charity days, etc. With events happening monthly, we believe is a great way for the community to come together. One of the ways we are giving back aside from hosting events, is to let our police force, fire department, City of Winter Springs workers, Veterans and military free entry. On November 4 th 2023, we will be donating our time and use of our machines to Lake Howell High School Retro themed Homecoming dance. Since we are also residents of Winter Springs, we know a lot of neighbors. They are very excited for this venture and we even have people inquiring for careers with us! Meet the Founders John Pyle is a successful live streamer and content creator. He was just a small boy when he got into video games like a lot of us. His passion continued to grow as he did. In his early 20’s, he started building his own machines and finding locations for them. He eventually had a route with machines everywhere! Unfortunately, he couldn’t keep up with them and sold his business. He still wanted to do something with gaming so he quickly became a content creator. It has now been over 15 years of live streaming and he has built a huge following in his streaming community where he is known as the gaming legend. He has many letters from fans on how he has contributed to their life and even helped many with depression. John keeps a high upbeat attitude and is one of the few streamers to have a PG rated channel. Sasha Pyle is known in the community as a real estate broker. She is great with people and keeping the business in order so John can focus on what he does best. Ma king his fans happy. More About the Location From the outside, you will see outdoor seating. When walking in, there will be a hostess and stand waiting to collect the entry fee and placing a band or stamp on your hand. Immediately to the left you will see a variety of games from classics such as pac -man, galaga, basketball, air hockey, pinball machines, car racing , the Simpsons, etc. To the right ahead will be the bar and kitchen. There will be bar stools and tables throughout to enjoy a bite to eat, a drink and to catch a break and watch the fun around you. The room to the right of the entry will be catering towards our younger crowd. This room will feature a 3 person carousel, interactive wall and floor games, mini basketball, air hockey, wall tic tac 114 toe, etc. The back room will be portioned off where one side will be the class room and party room. The other half will have gaming computers, two lounge areas with play stations, Xbox and Nintendo switch consoles, dart boards, pool tables and streaming booth. None of our machines are capable of gam bling. We will not have redemption games with tickets either. These are free play games where one can come eat, drink and enjoy the interactive décor around them! Security Measures The location will be armed with an alarm monitoring system as well as top -notch security cameras from the interior and exterior of the property. This camera system will have 24 -hour recording and we will be able to see the cameras from anywhere at any time. Other Safety Measures We will follow the rules and regulations for fire codes, city inspections, state inspections, food and beverage safety, etc. All employees will be required to take part in safety classes and food handling. We will have janitor services to keep a clean and sanitized atmosphere. Neighboring Businesses We want to work with our neighbors! We will be partnering with Marcos pizza for our events and birthday parties. They will be our exclusive pizza option and part of our birthday party package. Customers from both Red Eye and Senior Tequila can enjoy their dine in experience and play at ours all day! The new interactive golf place will be complimentary to each other as we do not offer golfing. Our concept will bring more of our community to the Villaggio Center and the businesses in the plaza will benefit from the exposure. Quality and Appearance While not only do we need to abide by our rules and policies from our landlord, we also have rules in place to avoid unwanted activity. No smoking will occur in our premises. Our hours of operations will not interfere with other businesses nor create any disturbances. We want to keep the quality of life style around us and one of the reasons why we picked this location is due to its appeal and upscale look. Again, we want to take this time to appreciate you all for your time and consideration. We hope that you will see how the community will benefit from our concept and how it has helped other locations with similar plans. Arcade Monsters Oviedo success story : How they ultimately helped their neighboring businesses and are now very successful. We know the founders of Arcade Monsters. They have helped us with their ideas and inspirations for our very own retro themed restaurant. Click the blue link to read the founders short story. Sincerely, John and Sasha Pyle Swifty Productions, LLC 115 LidoRdConsolidated Servic eE S ta te R o a d 4 3 4 E S ta te R o a d 4 3 4 StateRoad 419 P e a r l R d Pea r l R d LidoRdGeeCreek419 419 HolidayLnWindingHollowBlvdParkstoneBlvdE S t a t e R o a d 4 3 4 W a g n e r GeeCreekA l t o n R d Win ding H oll ow P ar k Aerial Map State of Florida, Maxar, Esri Community Maps Contributors, County of Orange, FL, Seminole County GIS, Seminole County Property Appr, FDEP, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA City Limits Streets Private Private Public Public Public Cross Seminole Trail Parcels 10/28/2023, 1:22:37 PM 0 0.1 0.190.05 mi 0 0.15 0.30.07 km 1:6,445 T.Jackson City of Winter Springs 116 117 118 119 120 121 122 123 124 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerservice@winterspringsfl.org   November 07, 2023 CITY OF WINTER SPRINGS NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Planning & Zoning Board/Local Planning Agency (LPA) and the City Commission of the City of Winter Springs, Florida will hold public hearings at the City of Winter Springs City Hall Commission Chambers, 1126 East State Road 434, Winter Springs, FL 32708, to consider: Application Type: Conditional Use – Amusement – Arcade Permit/Case: CU2023-00000065 Parcel: 26-20-30-5AR-0D00-0080 (±7.36 acres; site: 6,215 sq.ft.) Address: 855 E. State Road 434, Suite 1137, Winter Springs, FL 32708 Applicant(s): John Pyle & Sasha Pyle PLANNING & ZONING BOARD DECEMBER 07, 2023 AT 5:30 PM CITY COMMISSION JANUARY 08, 2024 AT 6:30 PM OR SOON THEREAFTER General Notice Requirements: This informational notice is provided as a courtesy to surrounding property owners. No action is required. Interested parties are hereby advised that they may appear at said hearings and be heard with respect to the application. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City Commission with respect to any matter considered at this hearing, they will need a record of the proceedings and that for such purpose, affected persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Planning & Zoning Board/Local Planning Agency and City Commission reserve the right to continue or postpone hearings to a date certain without re-advertising. The Planning and Zoning Board/Local Planning Agency meeting may include the attendance of one (1) or more members of the City Commission, who may or may not participate in the Board discussions held at its public hearing. The facility wherein this public meeting will be held is accessible to the physically handicapped. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk of the City of Winter Springs, listed below, at least 48 hours prior to the meeting: City Clerk, 1126 E. State Road 434, Winter Springs, FL 32708, by telephone at 407-327-5955, or via email at cityclerkdepartment@winterspringsfl.org. Documentation associated with the above referenced hearing dates may be inspected in-person at City Hall’s Community Development Department, or via the website below when it becomes available: winterspringsfl.org/meetings 125 Project Site Parcel: 26-20-30-5AR-0D00-0080 Public Participation Opportunities: In-person Participation: City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Remote Participation: Comments/Questions: cityclerkdepartment@winterspringsfl.org or Mail to City of Winter Spring, Attn: Community Development (must be received three (3) days prior to meeting date) Live Audio: winterspringsfl.org/meetings (City not responsible for technical difficulties) Party Intervenor Requests: Pursuant to Section 2-30 of the City Code, requesting to be formally declared a party intervenor for purposes of presenting factual and expert testimony and evidence at the quasi-judicial hearing are required to file the linked application at least seven (7) days prior to the scheduled hearing:  www.winterspringsfl.org/cd/page/party-intervenor-form Talbert Jackson Senior City Planner tjackson@winterspringsfl.org 126 COMMUNITY WORKSHOP Friday, December 01 @ 6:30 P.M. 855 E SR 434, Suite 1137, Winter Springs, FL 32708 Conditional Use Application for Amusement - Arcade Permit/Case: CU2023-00000065 Location: South side of SR 434 inside Suite 1137 of Villaggio Shopping Mall Parcel ID: 26-20-30-5AR-0D00-0080 Acreage: ± 0.14-acre suite within ±7.36-acre property Zoning/Future Land Use: Neighborhood Commercial (C-1)/ Commercial Applicant/Presenter: John Pyle & Sasha Pyle 127 Address2 CityStateZip 435 ELDORA DR OAK HILL, FL 32759‐9324 235 N WESTMONTE DR ALTAMONTE SPG, FL 32714‐3345 100 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 159 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 635 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 103 LIDO RD WINTER SPGS, FL 32708‐3207 108 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 642 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 7163 STOCKTON DR EASTVALE, CA 92880‐3991 158 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 634 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 105 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 112 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3210 3112 W LAKE MARY BLVD LAKE MARY, FL 32746‐6024 PO BOX 4129 WINTER PARK, FL 32793‐4129 145 TENNIS CT WINTER SPGS, FL 32708‐3200 111 HOLIDAY LN WINTER SPGS, FL 32708‐3201 110 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3210 107 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 149 TENNIS CT WINTER SPGS, FL 32708‐3200 116 BROOKSHIRE CT WINTER SPGS, FL 32708‐6302 1126 E STATE ROAD 434 WINTER SPGS, FL 32708‐2715 104 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 109 HOLIDAY LN WINTER SPGS, FL 32708‐3201 1126 E STATE ROAD 434 WINTER SPGS, FL 32708‐2715 118 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 118 BROOKSHIRE CT WINTER SPGS, FL 32708‐6302 109 SINCLAIR CIR HOSCHTON, GA 30548‐8801 15346 ORIZABA AVE PARAMOUNT, CA 90723‐4329 680 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 # 230 ORLANDO, FL 32801‐4372 649 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 109 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 154 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 80 HOLIDAY LN WINTER SPGS, FL 32708‐3231 638 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 120 BROOKSHIRE CT WINTER SPGS, FL 32708‐6302 104 HOLIDAY LN WINTER SPGS, FL 32708‐3202 643 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 627 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 DEP 3900 COMMONWEALTH BLVD TALLAHASSEE, FL 32399‐0001 119 BROOKSHIRE CT WINTER SPGS, FL 32708‐6304 112 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 630 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 116 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 120 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 128 625 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 PO BOX 4090 SCOTTSDALE, AZ 85261‐4090 633 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 152 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 114 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 639 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 400 E LAKE MARY BLVD SANFORD, FL 32773‐7125 106 HOLIDAY LN WINTER SPGS, FL 32708‐3202 52 CORTLAND TRL MAHWAH, NJ 07430‐3276 801 N MAIN ST KISSIMMEE, FL 34744‐4565 164 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 640 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 156 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 111 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 110 HOLIDAY LN WINTER SPGS, FL 32708‐3202 845 E STATE ROAD 434 WINTER SPGS, FL 32708‐2710 103 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 839 E STATE ROAD 434 WINTER SPGS, FL 32708‐2710 10 YAWL DR COCOA BEACH, FL 32931‐2625 122 BROOKSHIRE CT WINTER SPGS, FL 32708‐6302 PO BOX 4129 WINTER PARK, FL 32793‐4129 631 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 115 BROOKSHIRE CT WINTER SPGS, FL 32708‐6304 641 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 102 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 115 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 835 E STATE ROAD 434 WINTER SPGS, FL 32708‐2710 113 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3209 1126 E STATE ROAD 434 WINTER SPGS, FL 32708‐2715 801 N MAIN ST KISSIMMEE, FL 34744‐4565 632 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 119 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 PO BOX 4129 WINTER PARK, FL 32793‐4129 674 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 38 GLAZIER ST BOYLSTON, MA 01505‐1941 147 TENNIS CT WINTER SPGS, FL 32708‐3200 161 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 163 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 117 BROOKSHIRE CT WINTER SPGS, FL 32708‐6304 637 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 651 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 162 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 647 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 114 BROOKSHIRE CT WINTER SPGS, FL 32708‐6302 1126 E STATE ROAD 434 WINTER SPGS, FL 32708‐2715 20 LIDO RD WINTER SPGS, FL 32708‐3229 672 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 129 3112 W LAKE MARY BLVD LAKE MARY, FL 32746‐6024 123 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 151 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 117 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 STE D8 ORLANDO, FL 32811‐7181 160 STONE GABLE CIR WINTER SPGS, FL 32708‐3235 107 HOLIDAY LN WINTER SPGS, FL 32708‐3201 682 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 825 E STATE ROAD 434 WINTER SPGS, FL 32708‐2710 655 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 214 MOCKINGBIRD LN WINTER SPGS, FL 32708‐3212 108 HOLIDAY LN WINTER SPGS, FL 32708‐3202 678 BLENHEIM LOOP WINTER SPGS, FL 32708‐2728 125 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 3112 W LAKE MARY BLVD LAKE MARY, FL 32746‐6024 653 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 153 STONE GABLE CIR WINTER SPGS, FL 32708‐3234 2361 SIERRA LN MAITLAND, FL 32751‐5229 110 STONE GABLE CIR WINTER SPGS, FL 32708‐3233 645 BLENHEIM LOOP WINTER SPGS, FL 32708‐2729 130 131 132 133 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 1 of 13 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 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT THIS SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT (“Seventh Modification”) 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 K.S. REALTY OF FLORIDA, L.P., a New York Limited Partnership (“Owner”), whose principal address is 4455 Douglas Avenue, Bronx, New York 10471. W I T N E S S E T H: WHEREAS, McGaba, LLC (“McGaba”) and the City entered into a Binding Development Agreement dated April 10, 2003, and recorded in Official Records Book 4839, Page 1896, of Seminole County, Florida (the “Agreement”) regarding the development of a Shopping Center located at 855 E. State Road 434 in Winter Springs; and WHEREAS, a First Modification to Binding Development Agreement, dated February 26, 2004, was recorded in Official Records Book 05230, Page 1123-1125, of Seminole County, Florida (“First Modification”); and WHEREAS, a Second Modification to Binding Development Agreement, dated July 1, 2004, was recorded in Official Records Book 06153, Page 59-62, of Seminole County, Florida (“Second Modification”); and WHEREAS, a Third Modification to Binding Development Agreement, dated September 25, 2006, was recorded in Official Records Book 6437, Page 1204-1207, of Seminole County, Florida (“Third Modification”); and WHEREAS, a Fourth Modification to Binding Development Agreement, dated November 14, 2007, was recorded in Official Records Book 6871, Page 285-288, of Seminole County, Florida (“Fourth Modification”); and FOR RECORDING DEPARTMENT USE ONLY 134 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 2 of 13 WHEREAS, a Fifth Modification to Binding Development Agreement, dated November 13, 2007, was recorded in Official Records Book 6871, Page 281-284, of Seminole County, Florida (“Fifth Modification”); and WHEREAS, a Sixth Modification to Binding Development Agreement, dated January 14, 2008, was recorded in Official Records Book 6916, Page 1332-1337, of Seminole County, Florida (“Sixth Modification”); and WHEREAS, Owner is the owner of approximately 8.97 acres, more or less, of real property located at 853 East State Road 434, Winter Springs, Florida 32708, generally located south of State Road 434 and west of Stone Gable Circle in Winter Springs, Seminole County, Florida, more particularly depicted and legally described in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Property”); and WHEREAS, pursuant to Section 20-234(1) of the City of Winter Springs Code of Ordinances (“City Code”), “amusement and recreational parks and centers (including golf driving ranges, miniature golf courses, billiard halls, children's play centers, bowling alleys, and similar uses),” require a conditional use permit in the C-1 (Neighborhood Commercial) zoning district; and WHEREAS, John Pyle and Sasha Pyle (the “Applicant”), has applied for a conditional use permit, seeking to add amusement at the Property by incorporating amusement arcade elements; and WHEREAS, the Applicant intends to enter into a lease agreement with the Owner to provide indoor amusement at 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 December 01, 2023; and 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, the parties desire to further modify the Agreement to allow for the conditional use of arcade amusement as provided herein; and WHEREAS, the parties acknowledge and agree that all the other terms and conditions of the Agreement, First Modification, Second Modification, Third Modification, Fourth Modification, Fifth Modification, and Sixth Modification not expressly modified by this Seventh Modification shall remain in full force and effect; and 135 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 3 of 13 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 26-20-30-5AR-0D00-0080, and is legally described in Exhibit “A.” 4.0 Project Description and Requirements. Owner may, at its expense, design, permit, renovate, and construct, an indoor amusement arcade on the Property not to exceed 6,215 square feet. Hereinafter the project description and requirements are referred to as the “Project.” The Owner shall construct the Project in a manner substantially 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 development of the conditional arcade amusement use on 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. 4.1 Conditions. Specific conditions of approval for the conditional use include the following, which are also addressed in the City’s staff report: 1. The conditional use approval shall be limited to an arcade amusement and does not extend to other types of amusements such as golf driving ranges, miniature golf courses, billiard halls, children's play centers, or bowling alleys, absent a new conditional use permit being approved. 2. Substantial conformance to the Conceptual Floor Plan attached hereto as Exhibit B. 3. Signage shall conform to Chapter 16, Article III of City Code except to the extent signage requirements have been established in the Agreement or subsequent Modifications to the Agreement. 4. The operators of the conditional use shall create and implement a security plan to ensure safety on site. 5. The conditional use for an arcade amusement shall be restricted solely to one commercial suite of the subject property, which shall not exceed 6,215 square feet in size. Any further expansion shall require additional approval of a conditional use. 6. No “slot machines or devices” shall be permitted in the arcade as defined in Sec. 136 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 4 of 13 10-115 of the City Code. 7. Daily hours of operation shall not extend beyond 12:00am midnight. 5.0 Future Permitting. 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 Business Tax Receipt and building permit, if necessary, based upon and incorporating the conditional use is issued by the city within such two (2) years. 6.0 Representations of the Parties. The City and Owner 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 Owner, 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. Owner 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 Owner 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 be governed by the laws of the State of Florida. Venue for any action in State court shall be in Seminole County, Florida. Venue for any action in Federal court shall be in Orlando, Florida. 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. Except as otherwise provided herein, 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 Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. 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. 137 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 5 of 13 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 Owner 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 Owner 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. Owner 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. 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, 138 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 6 of 13 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, trailer, structure or unit if Owner 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 Owner/Applicant fails to receive a business tax receipt and, if necessary, building permits for the Project within two (2) years of the Effective Date of this Agreement. The Owner 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 Owner 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. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner 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 Owner and Owner’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. 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 139 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 7 of 13 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. Owner 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. 140 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 8 of 13 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 Owner: K.S. Realty of Florida, L.P. 47 East Robinson Street, Suite 230 Orlando, FL 32801 Attn: Patricia Jackson, Property Manager Phone: (321) 436-8650 Email: patti@pajmanagement.com 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, Owner 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 Owner’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. 141 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 9 of 13 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 Signed, sealed and delivered in the K.S. REALTY OF FLORIDA, L.P. presence of the following witnesses: ______________________________ Print name and title: _____________ ____________________ ______________________________ Signature of Witness Date: ____________________ ____________________ Print Name of Witness ____________________ Signature of Witness ____________________ Print Name of Witness 142 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 10 of 13 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 K.S. Realty of Florida, L.P., a Florida Limited Partnership, on behalf of the Partnership, who is personally known to me or produced _______________ as identification. OWNER IS HEREBY ADVISED THAT SHOULD OWNER 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. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 143 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 11 of 13 EXHIBIT A Property Legal Description Parcel I: That certain piece, parcel and tract of land located in Seminole County, Florida, described as follows: The West 231.30 feet of Lot 8, Block D, DR. Mitchell's Survey of Levy Grant, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, lying South of State Road 419 (Oviedo Road); Less that part taken in that certain Order of Taking for road recorded in Official Records Book 2784, Page 1196, Public Records of Seminole County, Florida. Together With: The East 253.6 feet of Lot 9, (LESS the East 100 feet of the North 150 feet thereof), Block D Dr. Mitchell's Survey of the Levy Grant, according to the plat thereof as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, ALSO LESS the following property being more particularly described as follows: Commence at the Northwest comer of Lot E, Chase and Company's Subdivision of Wagner, according to the Plat thereof as recorded in Plat Book 6, Page 64, of the Public Records of Seminole County, Florida; thence run South 06 degrees 55 minutes 04 seconds East along the West line of said Lot E, a distance of 1100.73 feet to a point on the baseline of survey of S.R. 434 according to F.D.O.T. Right of Way Map Section Number 77070- 2516; thence run North 83 degrees 50 minutes 23 seconds East along said baseline of survey a distance of 390.41 feet; thence departing said baseline of survey run South 07 degrees 01 minutes 30 seconds East a distance of 24.39 feet to a point on the Southerly right of way line of S.R. 434; thence run North 83 degrees 51 minutes 32 seconds East along said Southerly right of way line a distance of 168.42 feet to the West line of the East 253 .6 feet of said Lot 9, Block D, for a POINT OF BEGINNING; thence continue North 83 degrees 51 minutes 32 seconds East along said Southerly right of way line a distance of 153.62 feet to the West line of the East 100 feet of the North 150 feet of said Lot 9, Block D; thence departing said Southerly right of way line run South 07 degrees 01 minutes 30 seconds East along said West line of the East 100 feet of the North 150 feet of Lot 9, Block D a distance of 84.03 feet; thence departing said West line run South 83 degrees 53 minutes 17 seconds West a distance of 153.62 feet to said West line of the East 253.6 feet of Lot 9, Block D; thence run North 07 degrees 01 minutes 30 seconds West along said West line of the East 253.6 feet a distance of 83.96 feet to the said Southerly right of way line S.R. 434 and the Point of Beginning. Together with: That part of the East 100 feet of the North 150 feet of Lot 9, Block D, "DR. Mitchell's Survey of the Levy Grant" according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying South of the Sanford Oviedo Road (State Road 434) and being more particularly described as follows: Commence at the Northeast comer of said Lot 9, Block D; thence run South 07 degrees 01 144 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 12 of 13 minutes 30 seconds East, along the East line of said Lot 9, Block D for 84.09 feet to the Southerly right of way line of said State Road 434, as shown on Florida Department of Transportation Right of Way Map 77070-2516, and to the Point of Beginning; thence continue South 07 degrees 01 minutes 30 seconds East, along said East line of Lot 9, Block D for 65.93 feet; thence run South 83 degrees 51 minutes 32 seconds West for 100.01 feet; thence run North 07 degrees 01 minutes 30 seconds West for 65.00 feet to the aforementioned Southerly right of way line of State Road 434; thence run North 83 degrees 53 minutes 17 seconds East, along said right of way line, for 100.01 feet to the Point of Beginning. ALSO LESS that portion thereof conveyed to the City of Winter Springs by Special Warranty Deed recorded November 19, 2003 in Official Records Book 5105, Page 849, Public Records of Seminole County, Florida more particularly described as follows: A portion of Lot 8, Block D, DR. Mitchell's survey of Levy Grant, recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, more particularly described as follows: Commence at the intersection of the South right of way line of State Road No. 434 and the West line of Stone Gable, according to the plat thereof as recorded in Plat Book 54, Page 14, of the Public Records of Seminole County, Florida; thence South 07 degrees 00 minutes 49 seconds East along said West line 253.70 feet to the Point of Beginning; thence South 82 degrees 59 minutes 15 seconds West 30.00 feet; thence South 07 degrees 00 minutes 45 seconds East, 168.06 feet; thence South 14 degrees 04 minutes 28 seconds East, 49.94 feet; thence South 32 degrees 19 minutes 44 seconds East, 55.80 feet to a point on said West line of Stone Gable; thence North 07 degrees 00 minutes 49 seconds West along said West line, 268.06 feet to the Point of Beginning. Said lands lying in City of Winter Springs, Seminole County, Florida. PARCEL II: A non-exclusive easement to construct, install, repair, maintain and replace landscaping improvements, wall and other improvements as set forth granted and reserved in that Special Warranty Deed from McGaba, LLC., a Florida limited liability company to The City of Winter Springs, Florida recorded November 19, 2003 in Official Records Book 5105, Page 849, Public Records of Seminole County, Florida. 145 SEVENTH MODIFICATION TO BINDING DEVELOPMENT AGREEMENT City of Winter Springs and K.S. Realty of Florida, L.P. (Amusement Arcade Conditional Use) Page 13 of 13 EXHIBIT B Conceptual Floor Plan 146