HomeMy WebLinkAbout1984 02 21 Workshop
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LOWNDES, DROSDICK, DOSTER & KANTOR
PROFESSIONAl.. ASSOCIATION
ATTORNEYS AT LAW
WII..LlAM E. DOSTER
ERN EST R. OROS01CK (193e - 1982)
RICHARD ..J. F"Il.DES
ROBERT F'". HIGGINS
LORAN A. ..JOHNSON
HAL H. KANTOR
..JOHN F'. LOWNDES
Tl MOTHY ..J. MANO~
NICHOLAS A. POPE
MICHAEL RYAN
CLEATOUS ..J. SIMMONS
..JAMES M. SPOQNt-oIOUR
WILL..IAM A. BECKETT
DALE A. BURKET
SHEILA GUPTA OECICCIO
SHERRI K. QllwlTT
STEPHEN O. DUNEGAN
THOMAS E. FRANCIS
AARON ..J, GOROVITZ
N. DWAYNE GRAY. ,JR.
GARY M. KALEIT,A.
DAVID E. PETERSON
SHAWN G. RADER
.,JUl.IAN E. WHITEHURST
JON C. YERGLER
21~ NORTH EOLA DRIVE
POST OFFICE BOX ZeOQ
ORLANDO, FLORIDA 32802
TELEPHONE (30") e"3 - ..eoo
February 14, 1984
City Commission
City of Winter Springs
City Hall
400 North Edgemon Avenue
Winter Springs, Florida 32708
Re: Proposal for Settlement of Suit by
Nicholas A. Pope, as Trustee, vs.
City of Winter Springs City
Commission (Case ~. 82-l2AP)
Ladies and Gentlemen:
As you know, the referenced litigation has been in
progress for a considerable amount of time. In order to
avoid further delay and expense, both for you and for us, we
believe it is in our mutual interest to settle the matter on
a mutually satisfactory basis. Accordingly, we would propose
a settlement of the matter on the basis that we be granted a
special exception for a gas station/convenience store on the
property. The special exception would be valid for a period
of two years from the date of settlement and would become
permanent at such time within said two-year period that
construction of a gas station/convenience store is commenced
on the property. The special exception and the continuing
validity thereof would be conditioned upon the following
covenants on the part of the landowner, to wit:
1. The landowner would make a prorata contribution to
the paving of that portion of Moss Road lying
south of the northerly line of the subject property
and north of the right-of-way for State Road 434.
2. The landowner will contribute 25 percent of the
cost of signalization of the intersection of Moss
Roaa and State Road 434 at such time as the City's
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City Commission
City of Winter Springs
February 14, 1984
Page 2
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traffic engineer deems such signalization to be'
warranted, based upon nationally recognized
traffic signal warrants.
3. The gas station/convenience store would be entitled
to only one curb cut on Moss Road and only one on
State Route 434.
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4. The gas station would cater primarily to private
passenger vehicles and trucks containing no more
than three axles. It is intended that the gas
station would not, except on a very occasional and
isolated basis, cater to commercial trucking
vehicles having more than three axles (i.e.,
sixteen- and eighteen-wheeled vehicles).
The northerly boundary of the subject property
(which is adjacent to a multi-family residential
site) would be heavily landscaped with a view
toward screening/bOffering the residential acti-
vity from the commercial activity on the site.
The rest of the site would receive extensive
landscape treatment with a view towards creating
an aesthetically pleasing project.
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6. The gas station to be constructed on the site
would contain no more than twenty-four pumps,
twelve on each side of the central portion of the
facility.
7. Hours of service would be limited to 6:00 A.M. to
12:00 midnight each day.
8. Water and air would be supplied at no charge to
customers of the gas station.
9. No video or similar games would be permitted on
the subject property.
All of the foregoing conditions would be applicable to
the grant of the special exception and the special exception
would only be applicable to the easterly 200 feet of the
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City Commission
City of Winter Springs
February 14, 1984
Page 3
property fronting on State Road 434 that is presently owned
by the Trust. We would be happy to answer any questions you
might have about this proposal.
/is, very trulY~ ~
NiC~1 as f;~:;ee
NAP/me
c: Robert F. Higgins, Esquire
Frank C. Kruppenbacher, Esquire
All Beneficiaries under
Trust Agreement dated
January 29, 1982.
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