HomeMy WebLinkAbout2025 01 27 Public Hearing 402 - Greenway Kia North: Site Plan/Final Engineering, Aesthetic Review, and Development AgreementPUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA | JANUARY 27, 2025 REGULAR MEETING
TITLE
Greenway Kia North: Site Plan/Final Engineering Plans, Aesthetic Review, and
Development Agreement.
SUMMARY
The subject property is the existing Kia Greenway North car dealership located on the
northeast corner of Hwy 17-92 and Florida Ave. The existing dealership building has
outgrown their needs, and the applicant intends to construct a new, 36,100 sq. ft.
building on the site before demolishing the existing building. This new building will
allow the dealership to better serve their customers. The Planning & Zoning Board
recommended approval with conditions of the Site Plan/Final Engineering plans,
Aesthetic Review, and Development Agreement. Staff recommends City Commission
approve the Site Plan/Final Engineering plans, Aesthetic Review, and Development
Agreement.
FUNDING SOURCE
RECOMMENDATION
Staff recommends City Commission approve the Site Plan/Final Engineering plans,
Aesthetic Review, and Development Agreement.
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TITLE
Kia Greenway North – Aesthetic Review, Site Plan/Final Engineering, and
Development Agreement.
SUMMARY
The Community Development Department requests that the City Commission
hold a Public Hearing to consider Aesthetic Review, Site Plan/Final Engineering,
and Development Agreement regarding the applicant’s request to build a 36,100
sq. ft. car dealership building on the subject property.
General Information
Applicant Major Stacy, PE (Appian Engineering LLC)
Property Owner(s) Longwood Property Acquisitions LLC
Location Northeast corner of Hwy 17-92 and Florida Ave.
Tract Size ±10.83 Acres
Parcel ID Number 33-20-30-503-0000-0140
Zoning
Designation
C-2 General Commercial District
FLUM Designation Industrial
Adjacent Land Use North: Vacant/small car dealer
East: Single-family residential
South: Commercial &
single-family residential
West: Hwy 17-92
Height 50 ft. maximum
Setbacks Front: 25 ft. Rear: 15 ft. Side: 15 ft.
Development
Standards
Lot Coverage: 75% maximum
Development
Permits Not applicable
Development
Agreement
Development Agreement | Pending
Code Enforcement Not applicable
City Liens Not applicable
PUBLIC HEARINGS AGENDA ITEM
CITY COMMISSION
MONDAY, JANUARY 27, 2025
REGULAR MEETING
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Background Data:
The subject property is the existing Kia Greenway North car dealership located on
the northeast corner of Hwy 17-92 and Florida Ave. The existing dealership building
has outgrown their needs, and the applicant intends to construct a new, 36,100 sq.
ft. building on the site before demolishing the existing building. This new building
will allow the dealership to better serve their customers.
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 within one-half mile (1/2 mile) of the subject property (30 notices) on
December 16, 2024.
A Community Workshop was held on October 17, 2024. There were approximately
10 people in attendance, and the majority of feedback related to stormwater
concerns. The applicant has addressed those concerns in their plans.
Analysis of Final Engineering (Sec. 20-33.1) Criteria:
(a) Site and final engineering plans and the subdivision of land shall also be
subject to the technical requirements set forth in Chapter 9 of the City Code. It is
the intent of this section to apply to applications for site and final engineering plans
and to any subdivision of land requiring a plat, if applicable, and does not include
review and approval of a lot split application.
(b) Except in situations involving one (1) single-family home, the planning and
zoning board shall be required to review all site and final engineering plan and
subdivision of land applications and make a written recommendation to the city
commission. Such recommendation shall include the reasons for the board's
recommendation and show the board has considered the applicable criteria set
forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city
commission shall make a final decision on the application. If the city commission
determines that the planning and zoning board has not made a recommendation
on an application within a reasonable period of time, the city commission may, at
its discretion, consider an application without the planning and zoning board's
recommendation.
(d) Except in situations involving one (1) single-family home, all site and final
engineering plan and subdivision recommendations and final decisions shall be
based on whether the site and final engineering plan and subdivision of land
complies with all the technical requirements set forth in chapter 9 of the City Code
and the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the site and final engineering plan
and subdivision of land, including its proposed density, height, scale and intensity,
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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.
Analysis: The subject property is currently being used as a car dealership. The
proposed changes to the site include constructing a new dealership building and
then demolishing the old building. The overall change in impact of the site should
be minimal. The density, height, scale, and intensity will be similar to the existing
conditions. There is not an anticipated change to the hours of operation. There will
be a temporary increase in the density and intensity of the site because of the
construction of the new building, but the old building will be demolished once the
new building is complete. The proposed changes are compatible and harmonious
with adjacent land uses as there is not expected to be any significant change to the
character of the site.
(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
final engineering plan 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.
Analysis: The subject site is of adequate size to handle the proposed building. The
layout of the parking, ingress, and egress will not significantly change as a result of
the proposed changes. The site currently has the off-loading of vehicles for sale
taking place on Florida Avenue, and the redesigned site will shift that off-loading
to be on the site rather than in the road.
(3) Whether the proposed site and final engineering plan and subdivision of land
will have an adverse impact on the local economy, including governmental fiscal
impact, employment, and property values.
Analysis: The proposed project will have a positive impact on the property value.
The increased size of the dealership will possibly lead to additional job creation.
(4) Whether the proposed site and final 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 flood hazards.
Analysis: The proposed use of the site will not be changing with the proposed
project. There will be an increase in the amount of impervious surface on the site,
but this was accounted for when the existing stormwater pond on-site was
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designed when the original car dealership building was constructed. There is not
anticipated to be any adverse impact on the natural environment.
(5) Whether the proposed site and final 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 historic, scenic, or cultural resources in the immediate
vicinity.
(6) Whether the proposed site and final engineering plan and subdivision of land
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.
Analysis: The proposed project will have a minimal impact on existing public
services as the site is already being used as a car dealership. The change of off-
loading vehicles to being on the site rather than on Florida Avenue will have a
positive impact on the surrounding neighborhoods.
(7) Whether the site and final engineering plan and subdivision of land, and
related 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.
Analysis: The proposed project will not have much impact on circulation or traffic
as the ingress and egress to the site will remain unchanged. The change of off-
loading vehicles to being on the site rather than on Florida Avenue will have a
positive impact on the surrounding neighborhoods.
(8) Whether the proposed site and final 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: This project will not have any impact on housing or social conditions as
there is not a proposed change in the use of the property.
(9) Whether the proposed site and final engineering plan and subdivision of land
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.
Analysis: The proposed project is not anticipated to have any significant impact on
the surrounding lands with respect to odor, emission, noise, glare, or vibration. The
use of the property is not changing and the site layout is generally staying the
same.
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(10) Whether the applicant has provided an acceptable security plan for the
proposed establishment to be located on the site and final 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: The existing site has adequate lighting to ensure security during the
night. The proposed project will maintain adequate lighting and security, therefore
staff is not anticipating any adverse impact with respect to security.
(11) Whether the applicant has provided on the site and final 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: Not applicable.
(12) Whether the applicant has demonstrated that the site and final 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’s inclusion of a wall along the southern edge of the
property provides physical and aesthetic separation between the site and the
residential properties to the south.
(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 has agreed to a binding development agreement which is
included as an exhibit to this staff report.
Water and Sewer:
The site will utilize existing water and sewer connections that service the existing
dealership building.
Stormwater:
Stormwater for the site is being managed by an existing on-site pond on the east
side of the site. The pond was designed to handle the expanded impervious surface
from the expanded parking area. The applicant has obtained the appropriate
permitting from St. Johns River Water Management District.
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Transportation:
Ingress and egress to the site will be unaffected by this project as the points of
ingress and egress are not changing. Internal circulation on the site will change as
a new building is being constructed, but the ease of navigating the site will remain
once the new building is constructed and the old building is demolished.
Parking:
The property currently has 353 parking spaces and phase 2, which includes the new
dealership building and expanded parking lot, proposed an additional 141 parking
spaces. Section 9-277 of the City Code does not explicitly list a required number of
required parking spaces. However, it is staff’s opinion that the 494 total parking
spaces proposed far exceeds what is needed to satisfying parking needs of
customers to the business. However, given that the business is an automotive
dealership, staff is not recommending a reduction in parking spaces.
Aesthetic Review:
Pursuant to Section 9-603, which sets forth guidelines and minimum standards for
Aesthetic Review packages, staff has utilized the below criteria in Section 9-603 to
determine the following. The attached Aesthetic Review package (Exhibit 2)
includes all of the submittal requirements for aesthetic review as set forth in
Section 9-600 through 9-607 and include the following: (a) a site plan; (b) elevations
illustration all sides of structures facing public streets or spaces; (c) illustrations of
all walls, fences, and other accessory structures and the indication of height and
their associated materials; (d) elevation of proposed exterior permanent signs or
other constructed elements other than habitable space, if any; (e) illustrations of
materials, texture, and colors to be used on all buildings, accessory structures,
exterior signs; and (f) other architectural and engineering data as may be required.
The procedures for review and approval are set forth in Section 9-603.
Aesthetic Review
1. The plans and specifications 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 design of the new dealership building is harmonious
with the surrounding area with respect to setting, landscaping, proportions,
materials, colors, texture, scale, unity, balance, rhythm, contrast, and
simplicity.
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: This criterion does not apply.
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,
permitted but not fully constructed, or included on the same permit
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application, and facing upon the same or intersecting street within five
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 significant features of design such as, but not limited to: materials,
roof line, hardscape improvements, and height or design elements.
Analysis: The proposed design of the new dealership building is not too
similar or dissimilar from any building in the immediate vicinity. The modern
design will enhance the aesthetic of the area.
4. The plans for the proposed project are in harmony with, or significantly
enhance, the established character of other buildings, structures or signs in
the surrounding area with respect to architectural specifications and design
features deemed significant based upon commonly accepted architectural
principles of the local community.
Analysis: The modern design of the proposed dealership building will
significantly enhance the character of the surrounding area. This will set a
standard for future development in the area with respect to architectural
character and design.
5. The proposed project has incorporated significant 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 modern design incorporates large display windows, sleek
lines, and neutral color tones (greys and black) into the design. These details
provide distinctive detailing that will enhance the aesthetics of the site and
the surrounding area.
Reports:
The Final Engineering submittal is required to include the following reports or
updates of previously prepared reports for the same property.
Reports
February 21, 2024 Geotechnical Exploration Report - UES
June 12, 2024 Potable Water and Fire Flow Analysis – Appian
Engineering
July 31, 2024 Lift Station Analysis – Appian Engineering
August 1, 2024 Traffic Study – Appian Engineering
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Procedural History:
January 2, 2025 Planning & Zoning Board/Local Planning Agency
Approved with Conditions
January 27, 2025 City Commission
TBD
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
Code of Ordinances City of Winter Springs.
Section 20-1. Definitions.
Development Agreement:
The Applicant has previously agreed to specific conditions of approval as outlined
in the Development Agreement. The draft Development Agreement is enclosed as
an Exhibit hereto.
Planning & Zoning Board
The Planning & Zoning Board held a Public Hearing on January 2, 2025 and
recommended approval of the Aesthetic Review, Site Plan/Final Engineering, and
Development Agreement.
STAFF RECOMMENDATION
Staff recommends approval of the Aesthetic Review, Site Plan/Final Engineering,
and Development Agreement subject to the following conditions:
1. The Developer must apply for a Demolition Permit from the City of Winter
Springs for the old dealership building within six (6) months of the issuance
of a Certificate of Occupancy for the new building being constructed to
house the automobile dealership.
2. Upon completion of the Project, the use of Florida Avenue by the
Developers or any subsequent owners, lessees, tenants, assignees, or
occupants of the Property for loading and unloading vehicles, equipment,
freight, or heavy machinery, or for any purpose other than regular
automobile traffic or similar uses, shall be prohibited. This provision is not
intended to prohibit vehicles from accessing on Florida Avenue and
loading/unloading within the site.
3. All signs located upon the property must conform to the signage
regulations codified in the City of Winter Springs Code of Ordinances,
Chapter 16, Signs and Advertising. Any ground mounted, monument-style,
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permanent signs placed upon the property may not be more than twelve
(12) feet in height above the closest driveway or vehicular use area.
4. Execution of proposed Development Agreement
Attachments:
Exhibit 1 – Final Engineering Plans
Exhibit 2 – Aesthetic Plans
Exhibit 3 – Development Agreement
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VICINITY MAP CONSTRUCTION SITE PLANFORGREENWAY KIA NORTH SITE RETROFITCITY OF WINTER SPRINGS , FLORIDASCPA PARCEL ID# 33-20-30-503-0000-0140N11/15/24SOILS MAPAERIAL MAPFEMA FLOOD MAPUTILITY PROVIDERSWATER/SEWER:CITY OF WINTER SPRINGS1126 E. S.R. 434WINTER SPRINGS, FL 32708CONTACT: DILLON THOMAS(407) 327-1800, EXT. 588GAS:FL PUBLIC UTILITIES450 S. HWY 17-92DEBARY, FLORIDA 32713CONTACT: COLIN DUNNPHONE: (386) 785-4554FIBER/TELEPHONE:CENTURY LINK1325 BLAIRSTONE RD RM 113TALLAHASSEE, FL 32301CONTACT: BILL MCCLOUDPHONE: (850) 599-1444CABLE:CHARTER COMMUNICATIONS (A.K.A. SPECTRUM)3767 ALL AMERICAN BOULEVARDORLANDO, FLORIDA 32810CONTACT: JOHN SMITHPHONE: (407) 532-8520POWER:DUKE ENERGY1150 GREENWOOD BLVD.LAKE MARY, FL 32746CONTACT: DUKE'S CUSTOMER SERVICEPHONE: (407) 629-1010PROJECT TEAMOWNERLONGWOOD PROPERTY ACQUISITIONS, LLC9001 EAST COLONIAL DRIVEORLANDO, FL 32817CONTRACTORRLH CONSTRUCTION LLC5700 DOT COM CT. STE 1070OVIEDO, FL 32765PHONE: (407) 247-5207EMAIL: PWHITEHILL@RLH-LLC.COMARCHITECTPRAXIS3 ARCHITECTURE ARCHITECT: KRISTIN FRAILEY, RA100 PEACHTREE STREET NW, SUITE 1450ATLANTA, GA 30303PHONE: (678) 904-7450EMAIL: KFRAILEY@PRAXIS3.COMENGINEERAPPIAN ENGINEERING, LLC ENGINEER: MAJOR L. STACY, P.E.2221 LEE ROAD-SUITE 17WINTER PARK, FL 32789PHONE: (407) 960-5868EMAIL: MSTACY@APPIANFL.COMSURVEYORWOHLFARTH CONSULTING GROUP LLCSURVEYOR: WILSON E. WAY, P.S.M.246 N. WESTMONTE DRIVEALTAMONTE SPRINGS, FLORIDA 32714PHONE: (407) 350-9090EMAIL: WWAY@WCGROUP.COMLANDSCAPE ARCHITECTRAVENSDALE PLANNING & DESIGNLANDSCAPE ARCHITECT: SCOTT MOORE5106 SOUTH POINTE DRIVE,INVERNESS, FL 34450PHONE: (407) 647-1213EMAIL: RAVSVM@OUTLOOK.COMGEOTECHNICAL ENGINEERUNIVERSAL ENGINEERING SCIENCES, LLCENGINEER: RICARDO C. KIRIAKIDIS, P.E.3532 MAGGIE BLVD.ORLANDO, FL 32811PHONE: (407) 423-0504FAX. (407) 423-3106EMAIL: KFIRTANA@TEAMUES.COMLEGAL DESCRIPTION PER WOHLFARTHCONSULTING GROUP LLC. DATED: 01/31/2024LEGAL DESCRIPTION:LOTS 14 AND 15 (LESS THE EASTERLY 225 FEET OF THE NORTHERLY 385 FEET OF LOT 15)ENTZMINGER FARMS ADDITION NO. 3., ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLATBOOK 6, PAGE 27, PUBLIC RECORDS OS SEMINOLE COUNTY, FLORIDA, LESS ROAD RIGHT OF WAY;AND BEGIN AT THE SOUTHWEST CORNER OF LOT 13 ENTZMINGER FARMS ADDITION NO. 1,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 8, SEMINOLE COUNTY,FLORIDA, RUNNING NORTH ALONG THE RIGHT OF WAY OF STATE ROAD 600 (FORMERLY STATEROAD NO. 3) 20 FEET; THENCE EAST 500 FEET; THENCE SOUTH 20 FEET; THENCE WEST ALONG THESOUTHERLY LINE OF SAID LOT 13 OF ENTZMINGER FARMS ADDITION NO. 1., TO THE SOUTHWESTCORNER OF SAID LOT AND POINT OF BEGINNING. LESS ROAD RIGHT OF WAY.Sheet List TableSheet Numbe
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Sheet T
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174 SURVEYOR'S NOTES:1.ALL PROPERTY CORNERS ARE SET IRON ROD & CAP, WOHL LB 8214, UNLESS OTHERWISE NOTED.2.THE DESCRIPTION SHOWN HEREON IS PER TITLE COMMITMENT NUMBER 110195705 BY FIRST AMERICAN TITLE INSURANCE COMPANY; ISSUING AGENT:BURR & FORMAN LLP; ISSUING OFFICE'S FILE NUMBER:38993-2.3.BEARINGS SHOWN HEREON ARE BASED ON THE NORTH RIGHT-OF-WAY LINE OF FLORIDA AVENUE, HAVING AN ASSUMED BEARING OF SOUTH 82°52'51”WEST.4.BENCHMARK OF ORIGIN: BENCHMARK MAPPING BY SEMINOLE COUNTY FLORIDA, BENCHMARK "2603201", ELEVATION (NGVD88) =71.947'5.NO EVIDENCE OF RECENT EARTH MOVING WORK, BUILDING CONSTRUCTION, OR BUILDING ADDITIONS OBSERVED IN THE PROCESS OF CONDUCTING THEFIELDWORK.6.THE MAP OF BOUNDARY SURVEY IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND ORIGINAL SEAL OF THE CERTIFYING SURVEYOR.7.THE UNDERSIGNED & WOHLFARTH CONSULTING GROUP, LLC MAKE NO REPRESENTATIONS OR GUARANTEES AS TO THE INFORMATION REFLECTEDHEREON PERTAINING TO EASEMENTS, RIGHTS-OF-WAY, SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS INSTRUMENT IS NOTINTENDED TO REFLECT OR SET FORTH SUCH MATTERS. SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGHAPPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY AND/OR EASEMENTS OF RECORD.8.SUBJECT PROPERTY CONTAINS 471,705 SQUARE FEET MORE OR LESS.PROPERTY BOUNDARYLEGENDMAJOR CONTOURMINOR CONTOUR92
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174 SILT FENCEPROPERTY BOUNDARYWETLAND FLAGSSFEXISTING LIGHT POLE REMOVAL/RELOCATIONXXDEMOLITIONDEMO EXISTING PAVEMENTPHASE 2 EXISTING BUILDING DEMOLITIONMILLING AND RESURFACING OR REPLACEMENTTO ACHIEVE PROPOSED GRADES93
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174 PROPERTY BOUNDARYLEGENDRESURFACED PAVEMENTPROPOSED PAVEMENTEXISTING FLAGGED WETLAND LINEPERMITTED:(PHASE I & PHASE II INCLUDED)1.ZONING:C-2 GENERAL RETAIL2.REQUIRED SETBACKS:FRONT15'SIDEMAINTAIN ENOUGH FOR MAINTENANCEREARMAINTAIN ENOUGH FOR MAINTENANCE3.LOT AREA:472,347 S.F.4.BUILDABLE LOT AREA:390,506 S.F.5.FLOOR AREA:11,229 S.F.6.LOT COVERAGE CALCULATIONS AT FULL BUILDOUT:6.1.PARKING & SIDEWALK AREA:230,737.4 S.F.59.09%6.2.BUILDING AREA:11,229 S.F.2.87%6.3.TOTAL IMPERVIOUS AREA:241,737.4 S.F.61.96%6.4.TOTAL GREEN AREA:148,539.6 S.F.38.04%6.5.TOTAL GREEN AREA - WET POND:128,502 S.F. 6.6.TOTAL BUILDABLE SITE AREA:390,506 S.F.100.00%7.SJRWMD PERMITTED IMPERVIOUS AREA:5.56 AC.8.SJRWMD PERMITTED PERVIOUS AREA:2.95 AC.9.PROPOSED LAND USE: COMMERCIAL - MITSUBISHI / KIA DEALERSHIP10.PARKING CRITERIA:GENERAL BUSINESS ESTABLISHMENTS: BASED ON 1 SPACE/300 S.F. OF G.F.A.GROSS FLOOR AREA = 11,229 S.F.(11,229 S.F.)X(1 SPACE/300 S.F.) = 38 SPACES REQUIREDPROVIDED:PHASE I353 SPACESPHASE II141 SPACES494 SPACESAISLE WIDTH PROVIDED = 24 FT. FOR TWO WAY LANESREGULAR PARKING STALL SIZE PROVIDED = 10 FT. X 20 FT.HANDICAPPED PARKING STALL SIZE PROVIDED = 12 FT. X 20 FT.SITE DATA:PROPOSED:1.ZONING:C-2 GENERAL RETAIL2.REQUIRED SETBACKS:FRONT15'SIDEMAINTAIN ENOUGH FOR MAINTENANCEREARMAINTAIN ENOUGH FOR MAINTENANCE3.LOT AREA:471,704 S.F.4.BUILDABLE LOT AREA:390,506 S.F.5.FLOOR AREA:36,068 S.F.6.LOT COVERAGE CALCULATIONS:6.1.PARKING & SIDEWALK AREA:205,751.25 S.F.52.69%6.2.BUILDING AREA:36,068 S.F.9.24%6.3.TOTAL IMPERVIOUS AREA:241,689.04 S.F.61.93%6.4.TOTAL GREEN AREA:148,686.75 S.F.38.07%6.5.TOTAL GREEN AREA - WET POND: 128,649.15 S.F.6.6.TOTAL BUILDABLE SITE AREA:390,506 S.F.100.00%7.SJRWMD PERMITTED IMPERVIOUS AREA:5.56 AC.8.SJRWMD PERMITTED PERVIOUS AREA:2.95 AC.9.PROPOSED LAND USE: COMMERCIAL - MITSUBISHI / KIA DEALERSHIP10.PARKING CRITERIA:GENERAL BUSINESS ESTABLISHMENTS: BASED ON 1 SPACE/300 S.F. OF G.F.A.GROSS FLOOR AREA = 36,068 S.F.(36,068 S.F.)X(1 SPACE/300 S.F.) = 121 SPACES REQUIREDADA SPACES REQUIRED (PER IBC CHAPTER 11): 5 SPACESPROVIDED:STANDARD SPACES:361 SPACESACCESSIBLE SPACES:5 SPACESTOTAL:366 SPACESAISLE WIDTH PROVIDED = 24 FT. FOR TWO WAY LANESREGULAR PARKING STALL SIZE PROVIDED = 10 FT. X 20 FT.HANDICAPPED PARKING STALL SIZE PROVIDED = 12 FT. X 20 FT.EXISTING 25' WETLAND BUFFERPROPOSED CONCRETEEXISTING 25' WETLAND BUFFER96
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174SECTION A-AN.T.S.SECTION B-BN.T.S.SECTION C-CN.T.S.SECTION D-DN.T.S.97
ZONE AEZONE X11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174 PROPERTY BOUNDARYLEGEND98
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
99
FIRC FDOTFIR 5/8"FIR 3/8"WMWPPWPPWPPGAWPPWPPWPPGAGAWPPGA GA CBCBCBCBCBCBCBCABLE SPLICE BOXWPPFIRC LB 4887FIRC LB 4887FIRC LB 4887FIRC
LB
4887FPRM PLS ILLFPRM
ILLZONE AEZONE XCBC
B CBCBCBWATWATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANWE NEED TO WAIT FOR TOMS FIELD NOTES TOUPDATE THIS. HIS POINTS AREN'T ACCURATEAND WE NEED THE MEASURMENTS FROM HISWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMCLP 15'OSCLP 5'OSWPPCB CORNCB CORNCB CORNCB CORNCBWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWATWAT SANSANSANSANSANSANSANSANSANSANSANSANWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMWMELECELECELECELECELECELECELECELECELECWATWATWATWATWATWATWATWATWATWATSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSAN11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 321741" = 20'UTILITY DETAIL1" = 20'TEMPORARY UTILITY CONNECTION DETAIL100
ZONE AEZONE XZONE AEZONE X11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174FIRE HYDRANT CLEARANCEDETAILTURNING RADIUS SKETCH⁄101
FIRC FDOTFIR 5/8"FIR 3/8"WMWPPWPPWPPGAWPPWPPWPPGAGAWPPGA GA CBCBCBCBCBCBCBCABLE SPLICE BOXWPPFIRC LB 4887FIRC LB 4887FIRC LB 4887FIRC
LB
4887FPRM PLS ILLFPRM
ILLZONE AEZONE XCBCB CBCBCBELECELECELECELECELECELECELECELECELECELECELECELEC WATWATWATWATWATWATWATWATWATWATWATWE NEED TO WAIT FOR TOMS FIELD NOTES TOUPDATE THIS. HIS POINTS AREN'T ACCURATEAND WE NEED THE MEASURMENTS FROM HISWPPELEC
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ELEC
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 321741" = 10'SIDEWALK CONNECTION DETAIL1" = 10'FLORIDA AVE. CONNECTION DETAIL102
FIRC FDOTFIR 5/8"FIR 3/8"WMWPPWPPWPPGAWPPWPPWPPGAGAWPPGA GA CBCBCBCBCBCBCBCABLE SPLICE BOXWPPFIRC LB 4887FIRC LB 4887FIRC LB 4887FIRC
LB
4887FPRM PLS ILLFPRM
ILLZONE AEZONE XCBC
B CBCBCBWE NEED TO WAIT FOR TOMS FIELD NOTES TOUPDATE THIS. HIS POINTS AREN'T ACCURATEAND WE NEED THE MEASURMENTS FROM HIS11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
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11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174ROTATEDSECTION TROWEL-FINISHEDCONCRETE BENCHINGAFTER MANHOLE BASECURE6"MIN.9"MIN(TYP)FDOT #57 STONEBEDDING6" MIN.
0.8D
D"DOGHOUSE" KNOCKOUTMANUFACTURED IN PRECASTSIZE KNOCKOUT OPENING W/ 3"GAP BETWEEN PIPE AND OPENING.PRIOR TO GROUTING APPLYHYDROPHILIC SWELLING WATERSTOP (SEE NOTE 5)NOTES:1.DETAIL IS INCOMPLETE WITHOUT ACCOMPANYING DETAILS 302 & 304.2.MANHOLES SHALL BE TESTED IN ACCORDANCE WITH THE LATEST SEMINOLE COUNTY UTILITIES ENGINEERING MANUALPRIOR TO CUTTING THE EXISTING SEWER.3.NEW PIPING CONNECTED TO THE MANHOLE SHALL BE SEALED PER DETAIL 305.4.MANHOLES SHALL BE CENTERED OVER THE CENTERLINE OF THE EXISTING GRAVITY SEWER.5.PRIOR TO ANY POURING OR GROUTING A HYDROPHILIC SWELLING WATER STOP SHALL BE AFFIXED BOTH TO THE OUTERDIAMETER OF THE EXISTING GRAVITY SEWER AND ALL PERIMETERS OF THE KNOCKOUT.APPLY HYDROPHILIC SWELLING WATER STOP TOMANHOLE BASE KNOCKOUT, POUR KNOCKOUT W/4000 PSI CONC, REINFORCING TO MATCHPRECAST MANHOLE BASE REINFORCING.9"
MIN
8"
MIN.
REF. DETAIL
302 FOR
CONTINUATION SECTION6" MIN.
9"
MIN
8"
MIN.
REF. DETAIL
302 FOR
CONTINUATION SAW CUT PIPE CLEANLY(SEE NOTE 2)SIZE KNOCKOUT OPENING W/ 3"GAP BETWEEN PIPE AND OPENING.PRIOR TO GROUTING APPLYHYDROPHILIC SWELLING WATERSTOP (SEE NOTE 5)4' MIN.4' MIN.106
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
107
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
108
LEVEL 1
0"
9754318.6
12'-0"
EIFS-1
ACM-2
EG-3EG-1
EG-4
ACM-1
ACM-1
EIFS-1
MC-1
CW-1 SF-1
100a
30'-0"
T/PARAPET
18'-0"
T/PARAPET
LEVEL 1
0"
86
Low Prapet
26'-0"
EIFS-1
PAINT EXTERIOR
DOORS AND
FRAMES EP-1
MC-1
144a
LEVEL 1
0"
KHDAJFGA.7
ACM-2
EIFS-1ACM-1 EIFS-1 EIFS-1EIFS-1
PAINT EXTERIOR
DOORS AND
FRAMES EP-1
SCUPPER AND
DOWNSPOUT,
PAINT EP-1
MC-1MC-1MC-1MC-1
CW-1 SF-1 SF-1 SF-1
120 129a 128a 141 134f 144c 144d 144e 144f 144g
26'-0"
T/PARAPET
30'-0"
T/PARAPET
10'-4 3/4"78°EIFS-1
LEVEL 1
0"
K AECE.7E.6
ACM-1ACM-1 EG-2
ACM-2
PAINT EXTERIOR
DOORS AND
FRAMES EP-1
EIFS-1MC-1 EIFS-1MC-1
EIFS-1 EIFS-1 EIFS-1 EIFS-1 CW-1SF-1SF-1SF-1
30'-0"
18'-0"
26'-0"
T/PARAPET
T/PARAPET
T/PARAPET
100b109134b134c
SCUPPER AND
DOWNSPOUT,
PAINT EP-1
7
8
°
LEVEL 1
0"
9 8 2 1EIFS-1 ACM-1
12'-0"
PAINT EXTERIOR
DOORS AND
FRAMES EP-1
EIFS-1
MC-1MC-1
EIFS-1
MC-1
MC-1
128b 144b 134e 134d
18'-0"
30'-0"
26'-0"
T/PARAPET
T/PARAPET
T/PARAPET
LEVEL 1
0"
9 8 6
EIFS-1EIFS-1
PAINT EXTERIOR
DOORS AND
FRAMES EP-1
MC-1
MC-1
143 142128b
26'-0"
T/PARAPET
Sheet Number:
Project Number:
Project Name:
Client:
Copyright (c) 2024 Praxis3, LLC
All reports, plans, specifications, computer files, field data, notes and other documents
and instruments prepared by Praxis3 shall retain all common law, statutory and other
reserved rights, including copyright thereto.
This drawing may not be reproduced in whole or in part without written permission of
Praxis3. It is to be returned upon request. Scales as stated are valid on the original
drawings.
100 Peachtree St NW
Suite 1450
Atlanta, GA 30303
RELEASED FOR CONSTRUCTION AND PERMITSheet Title:
404-875-4500 tel
www.praxis3.com
P 3RAXIS
Key Plan:7/25/2024 11:25:17 AMA401
Exterior
Elevations
23152
Greenway
Automotive Group
Greenway Kia North
625 N US Hwy 17 92,
Longwood, FL 32750
Template Address
Rev Date Comments
3/32" = 1'-0"A401
1 West Elevation
3/32" = 1'-0"A401
2 West Elevation - Detail
3/32" = 1'-0"A401
3 South Elevation
3/32" = 1'-0"A401
4 North Elevation
3/32" = 1'-0"A401
5 East Elevation
3/32" = 1'-0"A401
6 East Elevation - Comp. Fluids
MC-2 METAL COPING MATCH P-4 - TOP OF EIFS-1
MISC MC-1 METAL COPING MATCH ACM-1 - TOP OF ACM-1
SF-1 STORE FRONT KAWNEER SEE FRAME ELEVATIONS SEE FRAME ELEVATIONS SEE FRAME ELEVATIONS
FRAME
SYSTEM
CW-1 CURTAIN WALL KAWNEER SEE FRAME ELEVATIONS SEE FRAME ELEVATIONS SEE FRAME ELEVATIONS EXTERIOR
PAINT EP-1 EXTERIOR PAINT BENJAMIN MOORE REGAL SELECT EXTERIOR LATEX PAINT COLOR: HC-169 CONVENTRY GRAY; FINISH EGGSHELL - EXTERIOR PAINT
EIFS-1 EXTERIOR INSULATION FINISH SYSTEM DRYVIT "OUTSULATION PLUS MD" EIFS WITH MOISTURE DRAINAGE MATCH P-4 - EXTERIOR OF BUILDING
CMU-2 CONCRETE MASONRY UNIT - SMOOTH FACE MATCH P-4 -
CMU-1 CONCRETE MASONRY UNIT - SPLIT FACE MATCH P-4 -
ACM-2 ALUMINUM COMPOSITE PANEL APOLIC APOLIC / FR BSX SILVER METALLIC SEE ELEVATIONS ENTRY PORTAL
CLADDING ACM-1 ALUMINUM COMPOSITE PANEL APOLIC APOLIC / FR TOB BLACK SEE ELEVATIONS EXTERIOR FACADE
CODE MATERIAL MANUFACTURER PATTERN COLOR SIZE/DESCRIPTION
LOCATION AND NOTES
Exterior Finish Schedule
EG-4 SERVICE SIGNAGE 8'-3" X 1'-6" KIA METALLIC SILVER PERFORATED VINYL THAT WILL
ILLUMINATE WHITE AT NIGHT WITH 3" DEEP ALUMINUM
RETURNS, INTERNALLY ILLUMINATED
EG-3 ANYTOWN SIGNAGE 2'-0" HIGH. FOR LONGER TOWN
NAMES, USE 1'-6" HIGH
LETTERS. PATTISON SIGN
GROUP TO COORDINATE WIT...
KIA METALLIC SILVER PERFORATED VINYL THAT WILL
ILLUMINATE WHITE AT NIGHT WITH 3" DEEP ALUMINUM
RETURNS, INTERNALLY ILLUMINATED
EG-2 SIDE LOGO SIGNAGE 12'-9" X 3'-0" KIA METALIC SILVER WITH 2" DEEP ALUMINUM RETURNS,
BACKLIT
EG-1 FRONT LOGO
SIGNAGE
PATTISON SIGN
GROUP
12'-9" X 3'-0" KIA METALLIC SILVER WITH 2" DEEP ALUMINUM RETURNS,
BACKLIT
GRAPHIC VENDOR TO FIELD VERIFY LOCATION AND SITE CONDITIONS,
PLACEMENT AND FINAL DIMENSIONS. COORDINATE ALL ACCESS,
ELECTRICAL REQUIREMENTS, SITE PREPARATION
AND MOUNTING DETAILS WITH GC PRIOR TO PRODUCTION.
GRAPHIC VENDOR TO PROVIDE ALL NECESSARY CONCEALED
MOUNTING HARDWARE.
ALL SIGNS REQUIRE SEPARATE APPLICATION AND REVIEW PROCESS.
NO TACIT NOR IMPLICIT APPROVAL UNDER THIS REVIEW.
CODE NAME MANUFACTURER DIMENSIONS MATERIAL/ COLOR NOTES
Signage and Elements by Owner's Vendor
109
Fluorescent, Neon and HID lamps contain Mercury (HG).
Dispose of the lamps according to Local, Provincial, State or Federal Laws.
This sign to be installed in accordance with the requirements of Article 600 of the
National Electrical Code and/or other applicable local codes.
This includes proper grounding and bonding of the sign.
Project ID
It is the Customer’s responsibility to
ensure that the structure of the
building is designed and constructed
to accept the installation of the signs
being ordered. Please ask PSG
to provide further details if required.
All rights reserved. The artwork
depicted herein are copyright and
are the exclusive property of
Pattison Sign Group and as such
cannot be reproduced in whole or
in part without written permission
by Pattison Sign Group.
120V
Other
Signature
MM/DD/YYYY
347V
Customer Approval
Date:
Scale:
Sales:
Designer:
Revision Note:
Required:
Missing Information
Rev. #:
Date:
Sign Item
Electrical
06-25-2021
3/16”=1’
E. Mackle
M. Holman
Ground Signs
Kia America, Inc.
Sign Family 2021
520 W Summit Hill, Suite 702, Knoxville TN, 37902
(Toll Free) 1.866.635.1110 (Fax) 1.888.694.1106
www.pattisonsign.com
Final dimensions subject to
site survey and/or technical
specifications.
SIGN FAMILY 2021
SMALL MONOLITHS / MONUMENTS
Scale: 3/16”=1’ 15'-0"5'-0 5/16"13'-9 5/16"2’-1 3/4”10'-0"4'-0”9'-0 5/16"7 3/4"2’-8 15/16”
2'-0"7'-6"10'-3 1/8"5'-2 3/4"10'-8 7/8"
1'-0 7/8"1'-9 11/16"7'-8 1/4"
9'-6 15/16"1’-11 15/16”5'-0"1'-0 3/4"
5'-4 1/8"3'-4 9/16"3'-7 1/8"
5'-0 5/16"10 1/8"1'-8"
Logo: 3 Sq. Ft.
Total: 75.39 Sq. Ft.
Logo: 1.77 Sq. Ft.
Total: 40 Sq. Ft.
Logo: 13.49 Sq. Ft.
Total: 76.95 Sq. Ft.
Logo: 3 Sq. Ft.
Total: 26.71 Sq. Ft.
KUSPS15
KUSPS10
KUSMS7
KUSMS5
3'-7 1/8"10 1/8"9 13/16"5”4 15/16”7 1/2"1'-9 1/16"9 13/16"Black KIA ACM – Kia Midnight Black
Metallic Silver KIA ACM – Alfrex Exotic Mica
Accent Lighting Lens – 7328 White
LED – 7100K White Illumination
Cladding – 4MM KIA Black and Metallic Silver ACM
Accent Lighting – 7100K LED illumination with
7328 White Polycarbonate Lens
KIA Wordmark – Milled Aluminum and Plastic
“Sandwich” Design with 7100K LED illumination
thru edge of filler
Black edge always toward street >
Black edge always toward street >
Update Square footage of
KUSMS7
R10 M. Holman
08-19-2022
SW1-33184-R10
110
Development Agreement
Greenway Kia North
Page 1 of 10
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
DEVELOPMENT AGREEMENT
Greenway Kia North
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and executed this
_____ day of ______________________, 2025, by and between the CITY OF WINTER
SPRINGS, a Florida Municipal Corporation with a principal address at 1126 E. S.R. 434, Winter
Springs, Florida 32708 (“City”), and LONGWOOD PROPERTY ACQUISITIONS, LLC, a
Florida Limited Liability Company with a principal address at 9001 E. Colonial Drive, Orlando,
Florida 32817 (“Developer”).
WITNESSETH:
WHEREAS, the Developer is the owner of approximately 10.83 acres, more or less, of
real property generally located at the intersection of Florida Avenue and U.S. Highway 17-92, with
a registered address of 625 N. U.S. HWY 17-92, Longwood, Florida 32750; and
WHEREAS, Developer, through their engineer Appian Engineering, LLC, has applied for
Site and Final Engineering Plan Approval to construct a new single story commercial automobile
dealership to house the Greenway Kia North dealership located upon the property, with the
intention of subsequently demolishing the existing building which currently houses the dealership
located upon the property (the “Project”); and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the
Winter Springs City Code (“City Code”), a community workshop for the Project was held on
October 17, 2024; 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
FOR RECORDING DEPARTMENT USE ONLY
111
Development Agreement
Greenway Kia North
Page 2 of 10
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; and
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 33-20-30-503-0000-0140 and is legally described in Exhibit A, which is attached hereto
and fully incorporated herein by this reference (the “Property”).
4.0 Project Description and Requirements. Developer shall, at its expense,
design, permit and construct a single-story commercial automobile dealership with associated
parking expansion and landscaping located on the Property. Following construction of the
dealership building, the building which currently exists upon the property, and which will no
longer be in use as the dealership will be demolished. (Hereinafter the project description and
requirements are referred to as the “Project”).
The Developer shall construct the Project in a manner consistent with all plans approved by the
City of Winter Springs, including any and all approved Final Engineering/Site Plans and Aesthetic
Plans that are on file with the City, with the following File Numbers:
File No: Site Plan Review/Final Engineering FEDP-2024-0004
File No: Aesthetic Review AERV-2024-0002
The Overall Site Plan is attached hereto for convenience and fully incorporated herein by reference
as Exhibit B.
Developer shall also construct the Project consistent with the requirements contained in this
Agreement. Specific conditions of approval for the Project are as follows:
A. The Developer must apply for a Demolition Permit from the City of Winter Springs for the
old dealership building within six (6) months of the issuance of a Certificate of Occupancy
for the new building being constructed to house the automobile dealership.
112
Development Agreement
Greenway Kia North
Page 3 of 10
B. Upon completion of the Project, the use of Florida Avenue by the Developers or any
subsequent owners, lessees, tenants, assignees, or occupants of the Property for loading
and unloading vehicles, equipment, freight, or heavy machinery, or for any purpose other
than regular automobile traffic or other similar uses, shall be prohibited. This provision is
not intended to prohibit vehicles from accessing on Florida Avenue and loading/unloading
within the site.
C. All signs located upon the property must conform to the signage regulations codified in the
City of Winter Springs Code of Ordinances, Chapter 16, Signs and Advertising. Any
ground mounted, monument-style, permanent signs placed upon the property may not be
more than twelve (12) feet in height above the closest driveway or vehicular use area.
5.0 Future Permitting. Developer shall be required to receive building permits for
the Project within two (2) years of the Effective Date of this Agreement. Further, the Developer
shall 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 this Agreement.
6.0 Representations of the Parties. The City and Developer hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Developer, constitute a legal, valid and binding obligation enforceable
against the parties hereto. Upon recording of this Agreement in the Public Records of Seminole
County, Florida, the Agreement shall be a binding obligation upon the Property in accordance with
the terms and conditions of this Agreement. Developer represents that it has voluntarily and
willfully executed this Agreement for purposes of binding himself and the Property to the terms
and conditions set forth in this Agreement.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Developer and their respective successors and assigns. The
terms and conditions of this Agreement similarly shall be binding upon the Property, and shall run
with title to the same upon being duly recorded against the Property by the City.
8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of 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, 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; Exhibits. This Agreement and all attached exhibits hereto supersede
any other agreement, oral or written, regarding the Property and contain the entire agreement
113
Development Agreement
Greenway Kia North
Page 4 of 10
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.
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
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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, 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. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if (1) Developer fails to receive building
permits for the Project within two (2) years of the Effective Date this Agreement; or (2) 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 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 above. If the City terminates this Agreement, the City
shall record a notice of termination against the Property in the public records of Seminole County,
Florida.
24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees
and attorneys from and against all claims, losses, damages, personal injuries (including, but not
limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s
contractor’s and subcontractor’s performance of design, permit and construction, and maintenance
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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
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:
Attn: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, Esq.
Garganese, Weiss, D’Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
Longwood Property Acquisitions, LLC
Attn: Christopher Allen
9001 E. Colonial Dr.
Orlando, FL 32817
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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.
However, Developer shall be entitled to assign its rights and obligations under this Agreement to
a parent, subsidiary, or affiliated entity in which Developer or its members are members or interest
holders without City consent, provided that the City is given notice of such assignment in
accordance with Section 26.0 herein. 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:
By:
Christian Gowan, City Clerk
Date:_________________________________
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
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Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
____________________________________________
Address of Witness
Signature of Witness
Printed Name of Witness
____________________________________________
Address of Witness
LONGWOOD PROPERTY ACQUISITIONS,
LLC
Print name and title: ________________________
Date: _______________
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 20____,
by____________________, the __________________of Longwood Property Acquisitions, LLC,
on behalf of the Association, who is personally known to me or produced ___________________
_______________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY
EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30)
DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS
AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED
NULL AND VOID.
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EXHIBIT A
PROPERTY LEGAL DESCRIPTION
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EXHIBIT B
Overall Site Plan
120
Greenway Kia North
Retrofit
Nick Tafelsky, MUEP, AICP
Senior Planner
City Commission
121
Background
COMMUNITY DEVELOPMENTJanuary 27, 2025
City CommissionGreenway Kia North RetrofitFEDP-2024-0004•Located on the northeast corner of US Hwy 17-92 and Florida Ave
•Proposal is to built a new car dealership building and then
demolish the old (existing) building. There will also be added
paved area on the east side of the site to accommodate
additional vehicles.
•Property is zoned C-2 General Commercial District.
•Site was previously approved by St. Johns Water Management
District with the expectation that additional paved area would be
added.
122
Site Plan
COMMUNITY DEVELOPMENTJanuary 27, 2025
City CommissionGreenway Kia North RetrofitFEDP-2024-0004123
Rendering
COMMUNITY DEVELOPMENTJanuary 27, 2025
City CommissionGreenway Kia North RetrofitFEDP-2024-0004124
Proposed Conditions
COMMUNITY DEVELOPMENTJanuary 27, 2025
City CommissionGreenway Kia North RetrofitFEDP-2024-0004•Staff proposes the following conditions of approval:
1.The Developer must apply for a Demolition Permit from the City
of Winter Springs for the old dealership building within six (6)
months of the issuance of a Certificate of Occupancy for the new
building being constructed to house the automobile dealership.
2.Upon completion of the Project, the use of Florida Avenue by the
Developers or any subsequent owners, lessees, tenants,
assignees, or occupants of the Property for loading and unloading
vehicles, equipment, freight, or heavy machinery, or for any
purpose other than regular automobile traffic or similar uses,
shall be prohibited. This provision is not intended to prohibit
vehicles from accessing on Florida Avenue and loading/unloading
within the site.
3.All signs located upon the property must conform to the signage
regulations codified in the City of Winter Springs Code of
Ordinances, Chapter 16, Signs and Advertising. Any ground
mounted, monument-style, permanent signs placed upon the
property may not be more than twelve (12) feet in height above
the closest driveway or vehicular use area.
4.Execution of proposed Development Agreement
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ANY QUESTIONS?
January 27, 2025
City Commission
COMMUNITY DEVELOPMENTGreenway Kia North RetrofitFEDP-2024-0004126