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HomeMy WebLinkAbout2024 03 25 Public Hearing 400 - The Grove - Final Engineering and Aesthetic Review + Presentation by StaffPUBLIC HEARINGS AGENDA ITEM 400 CITY COMMISSION AGENDA | MARCH 25, 2024 REGULAR MEETING TITLE The Grove - Final Engineering and Aesthetic Review SUMMARY 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 received Conditional Use approval for the use of a “halfway houses, group homes, and similar“ in the I-1 District and the proposed expansion of the use on August 28, 2023. Now the applicant is applying for site plan/final engineering approval for the building expansion. The applicant is seeking site plan/final engineering approval to allow modification and 2,500 sq. ft. addition to one of the existing buildings near the southeast corner of the site. 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. However, a condition of the conditional use approval granted by the City Commission on August 28, 2023, was that the facility shall have no more than 48 beds without additional conditional use approval for such an expansion. FUNDING SOURCE n/a RECOMMENDATION Staff recommends that the City Commission approve the Final Engineering, Aesthetic Review, and Development Agreement for The Grove. 38 PUBLIC HEARINGS AGENDA ITEM PLANNING AND ZONING BOARD Thursday, March 7, 2023 | REGULAR MEETING TITLE The Grove (IMPOWER) – Site Plan/Final Engineering SUMMARY The Community Development Department requests that the City Commission hold a Public Hearing to consider site plan/flnal engineering and aesthetic review 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 approved on August 28, 2023 Development Agreement Development Agreement | Conditional Use Code Enforcement Not applicable City Liens Not applicable 39 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 2 OF 8 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 received Conditional Use approval for the use of a “halfway houses, group homes, and similar“ in the I-1 District and the proposed expansion of the use on August 28, 2023. Now the applicant is applying for site plan/flnal engineering approval for the building expansion. The applicant is seeking site plan/flnal engineering approval to allow modiflcation and 2,500 sq. ft. addition to one of the existing buildings near the southeast corner of the site. 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. However, a condition of the conditional use approval granted by the City Commission on August 28, 2023, was that the facility shall have no more than 48 beds without additional conditional use approval for such an expansion. 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 (15 notices) on February 23, 2024. Analysis of Final Engineering (Sec. 20-33.1) Criteria: (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 full-time, 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 development in physical appearance including building height, setbacks, buffers, 40 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 3 O F 8 etc. The Grove has operated at this location since 1971, and the increased building footprint is only 2,500 square feet. Moreover, the conditional use approval granted by the City Commission on August 28, 2023, limited the number of beds possible to 48 beds without requiring further approval. Accordingly, there are no adverse impacts anticipated to the immediate vicinity and nor is the use incompatible with existing adjacent land uses. (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 2,500 square-foot 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. Further discussion of existing parking facilities is found below. 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 41 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 4 OF 8 concluded that the proposed use and improvements will have no adverse impact on the natural environment including air, water, noise pollution, vegetation, and wildlife. The total impervious area on the site will increase only slightly from 0.5 acres to 0.59 acres of the 13.5 total acres. (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 renovation and building expansion. 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. Again, the expansion is only 2,500 square feet of space. (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. 42 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 5 O F 8 (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. 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) 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 agreed to and executed a binding development agreement as part of the Conditional Use approval process. Water and Sewer: Water and sewer service will be provided by existing on-site connections to City utilities. Water Concurrency: Staff has determined that there is sufflcient capacity to handle the proposed expansion. The additional space will not result in a signiflcant increase in potable water usage. Stormwater: 43 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 6 OF 8 There is an existing stormwater pond on-site which will be brought back into a state of repair as part of this project. Given the small nature of the building addition, there is not anticipated to be any signiflcant increase in stormwater runoff. The applicant is also proposing several other improvements on-site to improve stormwater management. Transportation: Ingress and egress to the site will be through the existing driveway from Old Sanford Oviedo Road. There is not expected to be any signiflcant change to trafflc volumes and the existing circulation on site is sufflcient. Parking Analysis: The existing site has 55 parking spaces. The applicant is not proposing any additional parking spaces as part of the site plan. Per Sec. 9-277 of the City code, 26 parking spaces are required for a development of this type (sanitariums and convalescent homes) and size. Staff has determined that there is sufflcient parking. The existing parking spaces that front the building being renovated are being removed and replaced to meet current parking codes and ADA requirements. Aesthetic Review 1. The plans and speciflcations of the proposed project indicate that the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. Analysis: The proposed building addition is proposed to be consistent with the façade of the existing building with respect to proportions, materials, colors, texture, and scale. The façade of the expanded building will be identical to that of the existing portion of the building. The existing building is located within the industrial area of the city and therefore aesthetics do not have a signiflcant impact on the surrounding area. 2. The plans for the proposed project are in harmony with any future development which has been formally approved by the city within the surrounding area. Analysis: The development is located within the industrial area of the city and therefore aesthetics do not have a signiflcant impact on the surrounding area. However, the aesthetics of the existing build and proposed expansion are consistent with the surrounding area. 3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure or sign which is either fully constructed, 44 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 7 OF 8 permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within flve hundred (500) feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other signiflcant features of design such as, but not limited to: materials, roof line, hardscape improvements, and height or design elements. Analysis: The aesthetics for the proposed expansion are not excessively similar or dissimilar to other buildings within the area. 4. The plans for the proposed project are in harmony with, or signiflcantly enhance, the established character of other buildings, structures or signs in the surrounding area with respect to architectural speciflcations and design features deemed signiflcant based upon commonly accepted architectural principles of the local community. Analysis: The proposed building addition has a façade that matches that of the existing building. The proposed aesthetics are in harmony with the established character of the surrounding area. 5. The proposed project has incorporated signiflcant architectural enhancements such as concrete masonry units with stucco, wrought iron, columns and piers, porches, arches, planting areas, display windows, and other distinctive design detailing and promoting the character of the community. Analysis: The aesthetics of the proposed building addition match those of the existing building. This site is located in the industrial area of the city and therefore aesthetics do not have a signiflcant impact on the surrounding area. 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). Home Rule Powers City of Winter Springs Comprehensive Plan City of Winter Springs Code of Ordinances Planning & Zoning Board The Planning & Zoning Board held a public hearing on the applicatio ns at their regularly scheduled meeting on March 7, 2024. There was no public input received. The Planning & Zoning Board recommended approval by a vote of 5-0. 45 P U B L I C H E A R I N G S A G E N D A I T E M | T H U R S D A Y , M A R C H 7 , 2 0 2 3 | P A G E 8 OF 8 Staff Recommendation: Staff recommends approval of the Site Plan/Final Engineering and Aesthetic Review to allow an expansion of an existing mental health counseling facility subject to the following condition: 1. Conditional use approval is conditioned upon 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 Engineering Plans Architectural Elevations 46 47 48 49 FIRESPRINKLERRM 50 FIRESPRINKLERRM 51 FIRESPRINKLERRM 52 53 54 FINISH FLOOR0' -0"B.O. TRUSSES9' -4"3 COAT STUCCO SYSTEM, OVER CMU WALL, PAINTEDO.H.2' - 0"EABCDWINDOW PER SCHEDULE (TYP.)O.H.2' - 0"2' - 8"4' - 0"2' - 8"DECORATIVE SHUTTER FIXED TO WALL, MATCH EXISTING, TYP. FIBERGLASS SHINGLES OVER 2 LAYERS 15# FELT ON 3/4" EXTERIOR PLYWOOD OVER ENGINEERED WOOD TRUSSES @24" O.C., SHINGLES TO MATCH EXISTINGEXISTING ROOF TO REMAINREF.8' -0"NEW WALL, PATCH AND MATCH EXISTING, TYP.EXISTING ROOF STRUCTURE TO REMAIN AND INSTALL NEW SHINGLES80' - 0"35' - 4"W1W1W1W1W1W1FINISH FLOOR0' -0"B.O. TRUSSES9' -4"3 COAT STUCCO SYSTEM, OVER CMU WALL, PAINTEDO.H.2' - 0"2' - 8"4' - 0"2' - 8"3 1/4" / 1'-0"3 1/4" / 1'-0"BLOCK WINDOW PER SCHEDULE (TYP.)H.M. DOOR AND FRAME, PAINTED (TYP.)EABCD2' - 8"4' - 0"2' - 8"FIXED WINDOW PER SCHEDULE (TYP.)O.H.2' - 0"FIBERGLASS SHINGLES OVER 2 LAYERS 15# FELT ON 3/4" EXTERIOR PLYWOOD OVER ENGINEERED WOOD TRUSSES @24" O.C., SHINGLES TO MATCH EXISTINGEXISTING ROOF TO REMAINDECORATIVE SHUTTER TO MATCH EXISTING REF.8' -0"O.H.2' - 0"O.H.2' - 0"9' - 4"W1W1W1W1W1W12B2CNEW ROOF35' - 4"EXISTING ROOF STRUCTURE TO REMAIN AND INSTALL NEW SHINGLES80' - 0"4" ALUMINUM GUTTER AND DOWNSPOUT, TYP. 4" ALUMINUM GUTTER AND DOWNSPOUTDATECHECKED BYDRAWN BYSCALEPHASEPROJECT No.PROJECT ADDRESSSHEET TITLECONSULTANTSSIGNATURE AND DATED SEALOWNER NAME AND ADDRESSCONFIDENTIAL THIS DRAWING IS THE PROPERTY OF BORRELLI + PARTNERS UNLESS OTHERWISE PROVIDED BY THE CONTRACT, THE CONTENTS OF THIS DRAWING ARE SHALL NOT BE TRANSMITTED TO ANY OTHER PARTY EXCEPT AS AGREED TO BY THE ARCHITECT. COPYRIGHT BORRELLI + PARTNERS. AAC 000711 / ACC 001842720 Vassar Street, Orlando Fl. 32804 407.418.1338 :: fax 407.418.1342ARCHITECTLICENSE #2290 N RONALD REAGAN BLVD., SUITE 116LONGWOOD, FL. 327501/4" = 1'-0"1/13/2023 11:14:57 AM C:\Users\sramirez\Documents\THE GROVE_central_sramirezQWUU4.rvt21-128PERMIT SETTDSF12/23/2022GROVE IMPOWER: RENOVATION-EXPANSION (21-128)580 OLD SANFORD / OVIEDO ROADWINTER SPRINGS, FL 32708MARCIE DEARTHEXTERIOR ELEVATIONSA-2011/4" = 1'-0"A-2011EXTERIOR ELEVATION - NORTH1/4" = 1'-0"A-2012EXTERIOR ELEVATION - SOUTHREV.DESCRIPTIONDATE01/13/202355 FINISH FLOOR0' -0"B.O. TRUSSES9' -4"3 COAT STUCCO SYSTEM OVER CMU WALL, PAINTED12345NEW WALL PATCH AND MATCH EXISTING, TYP.O.H.2' - 0"O.H.2' - 0"H.M. DOOR AND FRAME, PAINTED (TYP.)FIBERGLASS SHINGLES OVER 2 LAYERS 15# FELT ON 3/4" EXTERIOR PLYWOOD OVER ENGINEERED WOOD TRUSSES @24" O.C., SHINGLES TO MATCH EXISTINGEXISTING ROOF TO REMAIN1 7/8" / 1'-0"REF.8' -0"CONTROL JOINT, TYP. 2' - 8" 4' - 0"1' - 1 1/2" 7' - 6" 7' - 6" 7' - 6" 7' - 6"OVER HANG4' - 0"101112FINISH FLOOR0' -0"B.O. TRUSSES9' -4"3 COAT STUCCO SYSTEM OVER CMU WALL, PAINTEDO.H.4' - 0"5" / 1'-0"5" / 1'-0"1 1/2" / 1'-0"12345O.H.2' - 0"O.H.2' - 0"BLOCK WINDOW PER SCHEDULE, TYP.H.M. DOOR AND FRAME, PAINTED (TYP.)FIBERGLASS SHINGLES OVER 2 LAYERS 15# FELT ON 3/4" EXTERIOR PLYWOOD OVER ENGINEERED WOOD TRUSSES @24" O.C., SHINGLES TO MATCH EXISTINGDECORATIVE SHUTTER TO MATCH EXISTING REF.8' -0"W17ACONTROL JOINT, TYP. DATECHECKED BYDRAWN BYSCALEPHASEPROJECT No.PROJECT ADDRESSSHEET TITLECONSULTANTSSIGNATURE AND DATED SEALOWNER NAME AND ADDRESSCONFIDENTIAL THIS DRAWING IS THE PROPERTY OF BORRELLI + PARTNERS UNLESS OTHERWISE PROVIDED BY THE CONTRACT, THE CONTENTS OF THIS DRAWING ARE SHALL NOT BE TRANSMITTED TO ANY OTHER PARTY EXCEPT AS AGREED TO BY THE ARCHITECT. COPYRIGHT BORRELLI + PARTNERS. AAC 000711 / ACC 001842720 Vassar Street, Orlando Fl. 32804 407.418.1338 :: fax 407.418.1342ARCHITECTLICENSE #2290 N RONALD REAGAN BLVD., SUITE 116LONGWOOD, FL. 327501/4" = 1'-0"1/13/2023 11:14:59 AM C:\Users\sramirez\Documents\THE GROVE_central_sramirezQWUU4.rvt21-128PERMIT SETTDSF12/23/2022GROVE IMPOWER: RENOVATION-EXPANSION (21-128)580 OLD SANFORD / OVIEDO ROADWINTER SPRINGS, FL 32708MARCIE DEARTHEXTERIOR ELEVATIONSA-2021/4" = 1'-0"A-2021EXTERIOR ELEVATION - EAST1/4" = 1'-0"A-2022EXTERIOR ELEVATION - WESTREV.DESCRIPTIONDATE01/13/202356 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 1 of 11 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 Final Engineering/Site Plan and Aesthetic Review THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and executed this _______ day of _________________________, 2024, 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 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 new conditional use was approved for the Property, as memorialized in the binding conditional use Development Agreement executed on August 28, 2023, and recorded in the Official Records of Seminole County, Book 10505, Page 1904, to allow the Developer to expand the Property’s existing mental health counseling facility by renovating existing facilities and constructing a 2,500 square-foot addition to one of the existing buildings on the Property; and FOR RECORDING DEPARTMENT USE ONLY 57 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 2 of 11 WHEREAS, Developer has applied for Final Engineering/Site Plan Approval to construct the renovations and additions on the subject Property as outlined in the conditional use Development Agreement; and WHEREAS, pursuant to Section 20-29.1 of the City Code, a community workshop for the Project was held on the 7th day of June, 2023; and WHEREAS, Section 20-29(c) of the City Code requires that all site plans shall be binding on 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- 29.1 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 shall, 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 Final Engineering/Site Plans and Aesthetic Plans that are on file with the City with the following file numbers and consistent with the requirements contained in this Agreement: File No: SP2023-0046 Final Engineering/Site Plan File No: AR2023-0063 Aesthetic Review The Overall Site Plan is attached hereto as Exhibit “B” for convenience and is incorporated herein by this reference. 58 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 3 of 11 4.1 Specific Conditions of Approval. Specific conditions of approval for the above- referenced Final Engineering/Site Plan include the following, which are also addressed in the staff report for the Final Engineering/Site Plans: A. The Developer shall not increase the number of beds beyond the 48 beds currently licensed by the State of Florida without seeking further approval for an expansion of the conditional use. 5.0 Future Permitting. The Developer shall be required to obtain all necessary building permits as required by the City of Winter Springs City Code. 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 itself and the Property to the terms and conditions set forth in this Agreement. 6.1 The Developer further agrees and makes the following representations and warranties to the City: A. The Developer is lawfully seized of the Property in fee simple and has full and lawful authority to execute this Agreement and bind the Property as set forth herein. B. The Property is free and clear of all mortgages and liens. 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 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the State of Florida. The venue of any litigation arising out of this Agreement shall be in Seminole County, Florida or, for federal court actions, 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. 59 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 4 of 11 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. 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. 60 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 5 of 11 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. Th e 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 61 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 6 of 11 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. 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 act s 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 62 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 7 of 11 Suite 116 Longwood, Florida 32750 Attn: Anna Kesic, CEO 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 By: _______________________________ Kevin McCann, Mayor ATTEST: Date: ______________________________ ___________________________________ CITY SEAL: Christian Gowan, City Clerk Approved as to form and sufficiency for the use and reliance of the City of Winter Springs, Florida only: By: _________________________________ 63 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 8 of 11 Anthony Garganese, City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] Signed, sealed and delivered in the presence of the following witnesses: IMPOWER, INC. _____________________________________ ____________________________________ Signature of Witness Printed Name and Title: _________________ ____________________________________ _____________________________________ Printed Name of Witness Date: ________________________________ ____________________________________ Address of Witness ____________________________________ Signature of Witness ____________________________________ Printed Name of Witness ____________________________________ Address of Witness STATE OF _________________________ COUNTY OF _______________________ The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of ______________, 2024, 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 64 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 9 of 11 APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED NULL AND VOID. 65 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 10 of 11 EXHIBIT A PROPERTY LEGAL DESCRIPTION 66 DEVELOPMENT AGREEMENT City of Winter Springs and IMPOWER, Inc. (The Grove Final Engineering/Site Plan) Page 11 of 11 EXHIBIT B FINAL ENGINEERING/SITE PLAN 67 The Grove (IMPOWER) Nick Tafelsky, AICP Senior City Planner March 25, 2024 City Commission Background •The Grove (IMPOWER) has been operating at this location since the 1970’s •Conditional Use for renovation of existing space approved in August 2023 •Now applicant pursuing Site Plan/Final Engineering and Aesthetic Review Site Detailed Site Details of Request •Proposed 2,500 square foot expansion to unused building •Existing parking fronting the building will be removed and replaced to adhere to ADA requirements •Condition remains in Development Agreement that applicant must pursue additional Conditional Use if they desire to expand beyond the currently allowed 48 beds ANY QUESTIONS?