HomeMy WebLinkAbout2002 03 11 Regular A Development Agreement
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
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25
March 11, 2002
Meeting
MGR. V
REQUEST:
Community Development Department requesting Commission consider and approve a development
agreement for a 7.561-acre tract at the northeast comer of the intersection of U.S. 17 - 92 and Nursery
Road.
PURPOSE:
The purpose of this Agenda Item is to request that the Commission approve a development agreement
addressing issues and concerns pertinent to rezoning the 7.561-acre tract at the northeast comer of the
intersection of U.S. 17 - 92 and Nursery Road.
APPLICABLE LAW:
Section 166.021, Florida Statutes.
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the government,
corporate, and proprietary powers to enable them to conduct municipal government, perform municipal
functions, and render municipal services, and may exercise any power for municipal purposes, except
when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
political subdivisions.
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March 11, 2002
Regular Item A
Page 2
FINDINGS:
The development agreement is authorized pursuant to the Municipal Home Rule Powers Act, as
provided in s 2(b), Article vm of the Florida Constitution and Chapter 166, Section 166.021, Florida
Statutes.
The development agreement is consistent with the City's Comprehensive Plan and Code of Ordinances.
The development agreement provides for reasonable use of the subject property, while addressing issues
and concerns pertinent to the present and future use of the site.
CONSIDERATIONS:
Staffhas attended meetings with both the applicant and area residents. Mr. Reece states that he has
attended 12 meetings with area residents. This development agreement provides adequate assurance
that rezoning the subject 7.561-acre tract to C-2 will not create or worsen the negative impact upon the
nearby residences - and, in fact, will lessen the negative impact.
This matter was deferred by the City Commission on February 11,2002 and again on February 25, 2002.
RECOMMENDATION:
Staff recommends that the City Commission approve the attached development agreement, which
excludes adult entertainment and includes future development, review, phasing, traffic, parking, and
buffering.
ATTACHMENTS:
A - Development Agreement, as provided by the applicant and revised by Community Development
Department Staff.
COMMISSION ACTION:
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ATTACHMENT A
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT (herein referred to
as the "Development Agreement"), made and executed this _ day of
, 2002, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (herein referred to as the "City"), whose address is
1126 East State Road 434, Winter Springs, Florida 32708, and Wayne P. Reece,
an individual (herein referred to as "Reece"), whose address is 561 Virginia
Drive, Winter Park, Florida 32789.
WITNESSETH
WHEREAS, Reece owns certain real property in the City of Winter
Springs, Florida, described in Exhibit "A," attached hereto and incorporated
herein by reference (herein referred to as the "Subject Property"); and
WHEREAS, the subject property was annexed into the City of Winter
Springs from unincorporated Seminole County and Reece has petitioned to amend
both the Future Land Use (FLU) designation and zoning classification to the
appropriate City designation and classification; and
WHEREAS, Reece desires to proclaim his plans for future use of the
subject property and proclaim that the subject property will not be used for adult
entertainment purposes; and
WHEREAS, Reece acknowledges that certain building safety, parking,
and traffic problems exist on the subject property and proposes measures to
minimize their negative impacts; and
WHEREAS, Reece proposes to enter into this development agreement
with the City to establish a definitive process to minimize the negative impacts of
the existing and future uses of the subject property while allowing future
development of the subject property, subject to requirements of the City's
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Comprehensive Plan, the Code of Ordinances, and conditions set forth in this
development agreement; and
WHEREAS, the City finds this development agreement consistent with
the Comprehensive Plan and City Code of Ordinances and that approval of this
development agreement is a legislative act of the City Commission of Winter
Springs; and
WHEREAS, the City Commission further finds that this agreement
promotes the public health, safety, and welfare and is consistent with, and is an
exercise of, the City's powers under the Municipal Home Rule Powers Act, as
provided in s. 2(b), Article VIII of the Florida Constitution and Section 166.021,
Florida Statutes, and the City's police powers.
NOW THEREFORE, in consideration of the mutual covenants and
mutual benefits herein contained, the parties agree as follows:
I.Recitals. The forgoing recitals are hereby incorporated herein by this
reference.
2. Authority. This development agreement is entered into pursuant to the
Florida Municipal Home Rule Powers Act and the City Code of Ordinances.
3. Representations of Reece and the City. Reece and the City hereby
represent and warrant that Reece and the City have the power and authority to
execute, deliver, and perform the terms and provisions of this development
agreement and have taken all necessary action to authorize the execution,
delivery, and performance of this development agreement.
4. Phase I development shall be as depicted on sheet 1 of 1 a conceptual
site plan prepared, signed, and sealed by Richard Labinsky, P.E., on September
12, 2001, reflecting items "a" and "b" of the following:
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a. delineating a stabilized grass parking area for 73 vehicles, east of the
eastern-most existing automotive garage building and north-east of the
intersection of the Nursery Road and Ridge Road rights-of-way
(ROWs),
b. creating a "no parking" zone, approximately 20 feet wide by 270 feet
long, between lOre-striped parking spaces directly in front of the
eastern-most automotive garage building and the Nursery Road ROW
(this "no parking" zone is to be adequately posted and enforced to
ensure it is kept free of vehicles, debris, and other obstructions),
c. the existing building and fire code violations in the existing non-
residential buildings shall be rectified within a time-period satisfactory
to both the City Fire Department and the Community Development,
Building Division, and
d. there shall be no expansion ofthe existing commercial/industrial
nature ofthe site until phase II of the project receives all pertinent
approvals from the City.
5. Phase II of the development shall commence no earlier than Aprill,
2005, and shall require site plan approval, a concurrency test, and a traffic study.
The traffic study shall be prepared at the applicant's expense following a
methodology meeting between the City's traffic consultant and one employed or
retained by the applicant. The applicant shall reimburse the City for the cost of
City's traffic consultant to review and comment on this traffic study. The traffic
study shall address, as a minimum, traffic generation, safe and efficient traffic
movements, pertinent pedestrian safety issues, ROW adequacy, curb-cut location,
and the potential for off-site as well as on-site traffic improvements. The traffic
study shall address the actual proposed phase II site plan, which shall
subsequently be amended to accommodate pertinent conclusions from that study.
The results of the traffic study and the City's consultant's review and comments
shall be coordinated with both Seminole County (Nursery Road is a county road)
and the Florida Department of Transportation.
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Within 90 days after any certificate of occupancy (CO) is issued for the
Phase II development, all automotive shops (including, but not limited to,
alignment, electrical, mechanical, paint, body, and/or frame straightening) shall be
relocated from buildings facing Nursery Road. The existing residential use on the
subject property shall cease at the time any building permit for the phase II
development is issued.
Phase II shall bring all of the subject property (both the existing and phase
II development) into conformance with the most current state handicap
accessibility regulations.
Phase II will be adequately buffered from the adjacent residentially zoned
properties with a masonry wall and vegetation, the extent of which shall be
determined at the Development Review Committee (DRC) meeting for the final
site plan approval, subject to modification by the City Commission. Site lighting
will be coordinated with the landscape plan during the final site plan approval
process, to ensure no off-site illumination.
At no time and under no circumstances shall adult entertainment of any
kind be considered an allowable, permissible, or conditional use on the subject
property, as of the execution of this development agreement.
6. Successors and Assigns. This development agreement shall
automatically be binding upon and shall inure to the benefit of the successors and
assigns of each of the parties.
7. Applicable Law. This development agreement shall be governed by
and construed in accordance with the laws of the State of Florida.
8. Amendments. This development agreement shall not be modified or
amended except by written agreement executed by all parties hereto and approved
by the City Commission of the City of Winter Springs.
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9. Entire Agreement. This development agreement supercedes any other
agreement, written or oral, and contains the entire agreement between the parties
as to subject matter hereof.
10. Severability. If any provision of this development agreement shall be
held to be invalid or unenforceable to any extent by a court of competent
jurisdiction, the same shall not affect in ay respect the validity or enforceability of
the remainder of this development agreement.
11. Effective Date. This development agreement shall become effective
upon approval by the City of Winter Springs and execution of this development
agreement by all parties.
12. Recordation. Upon approval by the City of Winter Springs City
Commission and execution of this development agreement by all parties, this
development agreement and any amendments hereto shall be recorded in the
public records of Seminole County, Florida, and shall run with the land.
13. Relationship of the Parties. The relationship of the parties to this
development agreement is contractual and ann's length. Reece is an individual
and is not an agent of the City for any purpose. Nothing herein shall be deemed
to create a partnership, or joint venture, or principal-agent relationship among the
parties, and no party is authorized to, nor shall any party act toward third persons
or the public in any manner which would indicate any such relationship with any
other party,
14. Sovereign Immunity. Nothing contained in this development
agreement shall be construed as a waiver of the City's right to sovereign
immunity under Section 768.28, Florida Statutes, or any other limitation on the
City's potential liability under state or federal law.
15. City's Police Power. Reece and the City acknowledge and agree that
the City hereby reserves all police powers granted to the City by law. In no way
shall this development agreement be construed as the City bargaining or
surrendering its police powers.
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16. Interpretation. The parties to this development agreement
acknowledge and agree that all parties have participated equally in the drafting of
this development agreement and no party shall be favored or disfavored regarding
the interpretation of this development agreement in the event of a dispute between
the parties.
17. Permits. Failure of this development agreement to address any
particular City, county, regional, state, or federal permit, condition, term or
restriction shall not relieve Reece or the City of the necessity of complying with
the law governing said permitting requirements, conditions, terms or restriction.
Applicable permits include, but are not limited to, City concurrency approval,
preliminary and final site plan approval, site construction, demolition, building,
and sign permits; Seminole County concurrency approval and a ROW permit; a
St. Johns River Water Management District permit will be necessary for storm-
water management purposes; a Florida Department of Transportation ROW
permit may be necessary for any modification to existing access to U.S. 17 - 92;
and Florida Department of Environmental Protection permits will be necessary for
the installation of potable water and sanitary sewer lines.
18. Third Party Rights. This development agreement is not a third party
beneficiary contract and shall not in any way whatsoever create rights on behalf
of any third party.
19. Specific Performance. Strict compliance shall be required with each
and every provision of this development agreement. The parties agree that failure
to perform the obligations established in this development agreement shall result
in irreparable damage, and that specific performance of these obligations may be
obtained by suit in equity.
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20. Attorney's Fees. In connection with any arbitration or litigation
arising out of this development agreement, the parties shall bear their own
attorney's fees and costs through all appeals.
21. Future Rezonings/Development Permits. Nothing in this
development agreement shall limit the City's authority to grant or deny any future
rezoning or development permit applications or requests, or the right of Reece to
apply for or oppose any future rezoning or development permit application
subsequent to the effective date ofthis development agreement. In addition,
nothing herein shall be construed as granting or creating a vested property right or
interest in Reece or in the subject property.
22. Notices. All notices and correspondence shall be sent or delivered by
registered or certified mail to the parties hereto, return receipt requested, with
copies forwarded to their respective attorneys, at the addresses set forth below or
at such other addresses as the parties hereto shall designate to each other in
writing:
(i) if to the City:
Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
with copies to:
Anthony A. Garganese, Esq., City Attorney
Brown, Ward, Salzman & Weiss, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
Telephone: 407-426-9566
Facsimile: 407-425-9596
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(ii) ifto Reece:
Any notice or demand so given, delivered or made by United States Mail shall be
deemed so given, delivered or made three (3) days after the same is deposited in
the United States mail registered or certified, return receipt requested, addressed
as above, provided with postage thereon pre-paid. Any such notice, demand, or
document not given, delivered, or made by registered or certified mail as
aforesaid shall be deemed to be given, delivered, or made upon receipt of the
same by the party to whom the same is to be given, delivered, or made.
IN WITNESS WHEREOF, the parties have executed this development
agreement as of the date of first written above.
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation,
ATTEST:
By:
PAUL P. PARTYKA
Mayor
ANDREA LORENZO-LUACES
City Clerk
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WITNESSES:
Wayne P. Reece
By:
Print Name
Title
Date:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,2002, by Wayne P. Reece, [ ] who is personally known to me,
or [ ] who has produced
as
identification.
NOTARY PUBLIC, State of Florida
My commission
expIres:
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