HomeMy WebLinkAbout2025 01 02 Public Hearing 400 - Kia Greenway North - Aesthetic Review, Site Plan/Final Engineering, and DAPUBLIC HEARING AGENDA ITEM 400
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA |
JANUARY 2, 2025 REGULAR MEETING (FIRST MEETING OF THE YEAR)
TITLE
Greenway Kia North
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.
Staff recommends that the Planning & Zoning Board recommend approval of the Site
Plan/Final Engineering plans, Aesthetic Review, and Development Agreement to the
City Commission with the conditions included in the staff report.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the Planning & Zoning Board recommend approval of the Site
Plan/Final Engineering plans, Aesthetic Review, and Development Agreement to the
City Commission with the conditions included in the staff report.
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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 Planning & Zoning
Board 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
PLANNING & ZONING BOARD
THURSDAY, JANUARY 2, 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 | Recommendation on
Final Engineering, Aesthetic Review, and
Development Agreement
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.
STAFF RECOMMENDATION
Staff recommends that the Planning & Zoning Board recommend approval of the
Aesthetic Review, Site Plan/Final Engineering, and Development Agreement to the
City Commission 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. 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.
3. 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.
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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AA11/15/24APPIAN ENGINEERING LLC.
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 CONTOUR22
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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 GRADES23
11/15/24APPIAN ENGINEERING LLC.
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
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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 BUFFER26
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.27
ZONE AEZONE X11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174 PROPERTY BOUNDARYLEGEND28
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
29
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 DETAIL30
ZONE AEZONE XZONE AEZONE X11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174FIRE HYDRANT CLEARANCEDETAILTURNING RADIUS SKETCH⁄31
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
ELEC
ELEC
ELEC
ELEC
ELEC
ELEC
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ELEC WPP11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 321741" = 10'SIDEWALK CONNECTION DETAIL1" = 10'FLORIDA AVE. CONNECTION DETAIL32
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
33
11/15/24APPIAN ENGINEERING LLC.
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
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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.36
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
37
11/15/24APPIAN ENGINEERING LLC.
STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. 32174
38
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
39
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
40
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
41
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.
42
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 Dave 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
43
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
45
Development Agreement
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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
47
Development Agreement
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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
49
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EXHIBIT B
Overall Site Plan
50
PUBLIC HEARING AGENDA ITEM 401
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY AGENDA |
JANUARY 2, 2025 REGULAR MEETING (FIRST MEETING OF THE YEAR)
TITLE
Ordinance 2025-01: Tree Removal, Land Clearing, Grading, and Excavation Permits
SUMMARY
The Community Development Department has worked with the City Attorney’s
Office to draft proposed changes to Chapter 5, Tree Protection and Preservation,
Chapter 9, Land Development, and Chapter 20, Zoning, to clarify restrictions and
requirements related to land clearing (grubbing), excavation, and grading operations.
In recent months, staff has found that there has been confusion from developers
pertaining to when they had permission to begin land clearing after approval of a site
plan by the City Commission. In order to alleviate this confusion, this ordinance was
drafted to add clarifying language to the various chapters of the City Code.
The City Attorney’s Office drafted the proposed changes to the various chapters of
the City Code. Staff is recommending that the Planning & Zoning Board hold a Public
Hearing and recommend approval of Ordinance 2025-01 to the City Commission.
FUNDING SOURCE
RECOMMENDATION
Staff recommends that the Planning & Zoning Board hold a Public Hearing and
recommend approval of Ordinance 2025-01 to the City Commission.
51
TITLE
Ordinance 2025-01: Tree Removal, Land Clearing, Grading, and Excavation Permits
SUMMARY
The Community Development Department has worked with the City Attorney’s
Office to draft proposed changes to Chapter 5, Tree Protection and Preservation,
Chapter 9, Land Development, and Chapter 20, Zoning, to clarify restrictions and
requirements related to land clearing (grubbing), excavation, and grading operations.
In recent months, staff has found that there has been confusion from developers
pertaining to when they had permission to begin land clearing after approval of a site
plan by the City Commission. In order to alleviate this confusion, this ordinance wa s
drafted to add clarifying language to the various chapters of the City Code.
The City Attorney’s Office drafted the proposed changes to the various chapters of
the City Code. Staff is recommending that the Planning & Zoning Board hold a Public
Hearing and recommend approval of Ordinance 2025-01 to the City Commission.
PUBLIC HEARINGS AGENDA ITEM
PLANNING & ZONING BOARD
THURSDAY, January 2, 2025
REGULAR MEETING
52
City of Winter Springs
Ordinance No. 2025-01
Page 1 of 13
ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA; AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WINTER SPRINGS TO
CLARIFY THE PROCEDURES TO APPLY FOR TREE
REMOVAL AND LAND CLEARING PERMITS; TO AMEND THE
PENALTIES FOR TREE REMOVAL AND LAND CLEARING
WITHOUT A PERMIT; TO ESTABLISH REGULATIONS
REGARDING EXCAVATION AND GRADING AND
PROCEDURES FOR APPLYING FOR EXCAVATION AND
GRADING PERMITS; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission recognizes that, in many cases, development permit
applications, in particular applications for final engineering and site plans, are accompanied with
grading, landscaping, and tree removal plans that are approved in conjunction with the
development permit application; and
WHEREAS, the City Commission desires to clarify that such development permit
applications shall not themselves constitute permits or approvals to commence land clearing, tree
removal, or excavation and grading operations; and
WHEREAS, the City intends to establish specific regulations regarding excavation and
grading operations; and
WHEREAS, the City Commission desires to ensure that open excavation and grading sites
and land clearing and tree removal operations do not commence until it is certain that preliminary
plat and/or building permit applications have been approved for development so that these sites are
not causing nuisance erosion and dust accumulation on neighboring properties for longer than
necessary; and
WHEREAS, the tree removal and land clearing provisions of the Code shall be updated
with regard to penalties and enforcement to discourage tree removal and land clearing without a
permit to the maximum extent permitted by law; and
WHEREAS, pursuant to the Florida Community Planning Act and the City Code, the City’s
Planning & Zoning Board/Land Planning Agency has reviewed and recommended adoption of this
Ordinance at a duly held public meeting; and
53
City of Winter Springs
Ordinance No. 2025-01
Page 2 of 13
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens
of Winter Springs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Code Amendment. Chapter 5, of the City Code is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 5. It is
intended that the text in Chapter 5 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 5 – TREE PROTECTION AND PRESERVATION
* * *
Sec. 5-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated unless the
context clearly indicates otherwise:
* * *
Land clearing (grubbing). The act of removing or destroying trees, ground cover, and other
vegetation by manual, mechanical, or chemical means. Routine lawn mowing, sod replacement,
planting of landscape material, shrub pruning, and shrub removal shall not be considered land
clearing and grubbing provided no grade change occurs. Removal of understory by bush hog,
forestry mulcher, or other means shall not be considered routine mowing when preparing a
property for construction or results in trees being removed, destroyed or severely damaged.
Excavation or grading activities shall not be considered land clearing and shall be regulated by
Chapter 9, Article VI of the City Code of Ordinances.
* * *
Sec. 5-4. Permit required for tree removal and land clearing; separate violations; criteria;
contractor permit required.
(a) Permit required. Except as provided in section 5-4.5 herein, no person shall engage in tree
removal or engage in land clearing located within the city, without first obtaining an
approved land clearing and tree removal permit as provided in this chapter. Approval of a
site and final engineering plan by the City Commission including a tree removal and
landscaping/tree replacement plan shall not excuse an applicant from the requirement to
apply for a tree removal or land clearing permit separately herein and concurrently with
54
City of Winter Springs
Ordinance No. 2025-01
Page 3 of 13
such site and final engineering plan application for City Commission approval. Site and
final engineering plan approval by the City Commission shall not be construed as a permit
under this Chapter. If a property owner has retained a contractor to perform the land
clearing or tree removal, the contractor must have a valid city issued arbor license required
by subsection 5-4(e) and shall obtain the permit required by this chapter prior to the land
clearing or tree removal. If no permit is obtained prior to tree removal or land clearing, the
property owner and the contractor (if retained) shall have violated this section. It shall be a
separate violation of this chapter for each tree removed and each day a person is engaged in
land clearing without a permit.
(b) Trees that can be removed by permit. Upon receipt of a completed application and
verification on-site by the city arborist, a permit may be issued for tree removal if it is first
determined by the city arborist that any one (1) of the following limited conditions exists to
lawfully justify the tree removal:
(1) Trees located on building and construction sites or projects as shown on city approved
plans as provided in Section 5-6 below, provided said trees are replaced elsewhere on
the property in accordance with section 5-9 of this chapter, except that city trees as
defined in section 5-3 and historic and specimen trees under section 5-8 shall be
preserved to the extent required by this chapter.
(2) Trees with a trunk(s) located within ten (10) feet of a structure and that pose a clear
hazard or that have caused significant damage to said structure as determined by the
city arborist.
(3) Trees severely diseased, severely injured or dead.
(4) Trees that interfere with the construction or repair of public infrastructure and facilities
including utilities.
(5) Undesirable trees, per appendix A.
(6) Trees required to be removed by the city or other governmental agency to facilitate
necessary public utilities and infrastructure or remove visibility obstructions to vehicle
drivers within a intersection visibility triangle and which are located within a public
road, drainage rights-of-way, or permanent utilities and drainage easements.
(7) Trees that pose a serious threat to persons or property.
(8) Trees that prohibit or have the effect of prohibiting the installation or operation of a
solar collector, clothesline, or other energy device based on a renewable resource.
(9) All trees and plants, within a licensed tree nursery, planted for harvest shall be exempt
from the terms and provisions of this chapter only if trees are planted and growing on
the premises of the licensee and are for sale or intended for sale in its ordinary course
of business.
(10) One (1) tree located on an existing single-family home lot within a ten-year period
pursuant to subsection 5-9(e).
(11) Trees that unreasonably interfere with a property owner's established riparian or littoral
rights or substantially interfere with and obstruct a substantial portion of a property
55
City of Winter Springs
Ordinance No. 2025-01
Page 4 of 13
owner's visibility to a natural water body such as a lake, but only to the extent such
right or visibility cannot be secured by tree trimming, pruning or windowing.
* * *
(e) Contractor city-issued license required; contractor obtaining permits. Any person or entity
engaged in the business of tree removal or pruning shall be licensed by the city on an annual
basis. Licenses may be obtained from the city by completing an application prepared by the
city and paying the required license fee. The license application shall contain at a minimum
the name, address, and telephone number of the contractor and a copy of the contractor's
local business tax receipt, state license if required and proof of liability and workers'
compensation insurance. As a condition of obtaining a license under this subsection, any
previously unpaid penalties imposed by the city under section 5-18 shall be paid in full. It
shall be unlawful for any person or entity to engage in the business of tree removal or
pruning within the city without a license required under this subsection. It shall also be
unlawful for any such person or entity to fail to obtain a permit on behalf of a property
owner pursuant to subsection 5-4(a) of this chapter.
* * *
Sec. 5-6. Permit application.
(a) Filing application and payment of fees. An application for tree removal and land clearing
shall be filed on official forms provided by the city's arborist. The applicant shall be
required to pay a fee as may be established by resolution of the city commission, except that
no fee shall be required for the removal of trees that (i) are dead, diseased, or suffer from
severe structural defects, (ii) pose a clear and obvious safety hazard to structures and
people, (iii) are removed for a public project sponsored and paid for by the city, or (iv) any
tree found on the Florida Exotic Pest Plant Council's Invasive Plant Species List. If the
applicant is not the property owner, then the applicant shall attach the written permission of
the property owner to the application. All completed applications shall be returned to the
arborist, along with the following:
* * *
(b) Time for application. Applications for a tree removal or land clearing permit shall be made
prior to removal or clearing; except that in the following cases, application shall be filed
when indicated:
(1) All new subdivisions shall be required to submit an application for a tree removal or
land clearing permit, at the time of initial submittal of the preliminary subdivision plan
and site and final engineering plan, to the city so that due consideration may be given
to protection of trees during the subdivision design process. Each application for a tree
removal permit shall be subject to review under the staff development review
committee process. However, the tree removal permit shall not be approved and issued
by the City until the preliminary subdivision plan and site and final engineering plans
have been approved by the City Commission and all requirements of this Chapter have
56
City of Winter Springs
Ordinance No. 2025-01
Page 5 of 13
been met, including identification of a city-licensed tree removal contractor as required
by Section 5-4.
(2) Any commercial, industrial, multi-family, mixed use or other use requiring final
engineering and site plan approval under the city land development regulations shall be
required to submit an application for a tree removal and land clearing permit at the
time of site plan submittal so that due consideration may be given to the protection of
trees during the site plan design process. Each application for a tree removal permit
shall be subject to review under the staff development review committee process.
However, the tree removal permit shall not be approved and issued by the City until all
site and final engineering plan conditions of approval have been satisfied, a building
permit for a building or structure has been approved by the Building Official, and all
requirements of this Chapter have been met, including identification of a city-licensed
tree removal contractor as required by Section 5-4.
(3) All new single-family and duplex dwelling units shall be required to submit an
application for a tree removal and land clearing permit at the time of application for a
building permit; the tree inventory may be shown on the building permit plot plan. The
tree removal permit shall not be approved and issued by the City until the building
permit has been approved by the Building Official and all requirements of this Chapter
have been met, including identification of a city-licensed tree removal contractor as
required by Section 5-4.
(c) Exempting portion of the tree survey. Upon request, the city arborist may permit an
applicant to omit certain portions of the tree inventory required by subsection 5-6(a)(1)
where compliance with the requirements set forth herein would be unnecessarily
burdensome and the exempted portions are not needed for the city to evaluate the
application such as in applications unrelated to the new development of buildings, structures
or infrastructure on the subject land, limited only to the removal of one (1) or more isolated
and specific trees on already developed land and have no impact on protected city trees.
(d) Permit fee. A nonreturnable permit fee to be established by resolution of the city
commission shall be paid for purposes of processing the application, enforcing the
provisions of this chapter, and inspecting the real property subject to the application.
(e) Posting of permit. The permit must be posted upon the property and visible from the street
to be valid.
(f) City commission approved plans, permits, and agreements. All permits issued by the city
arborist under this chapter shall be required to be consistent, and not in conflict, with any
plans, permits, or development agreements approved by the city commission. All permits or
portions thereof issued by the city arborist in conflict with any approval of the city
commission shall be deemed null and void and the approval of the city commission shall
remain in full force and effect.
* * *
57
City of Winter Springs
Ordinance No. 2025-01
Page 6 of 13
Sec. 5-18. Enforcement; penalties.
(a) Enforcement. The city may enforce the provisions of this chapter by any lawful means
including, but not limited to, issuing a civil citation, bringing charges before the city's code
enforcement board or special magistrate, and seeking injunctive and equitable relief. For
purposes of determining the penalties provided under this chapter, the removal or death of a
tree in violation of this chapter shall be deemed irreparable or irreversible.
(b) Penalties. In addition to all other remedies set forth in this chapter or any applicable
agreement between the city and a property owner, one (1) or more of the following civil
fines shall apply to violations of this chapter:
(1) Failure to obtain a permit under subsection 5-4(a): Fine of two hundred fifty dollars
($250.00) per tree or five hundred dollars ($500.00) per specimen or historic tree
removed, or five hundred dollars ($500.00) per quarter acre of land cleared, whichever
is greater, not to exceed five thousand dollars ($5,000.00). The fine under this
subsection is in addition to the fine provided in subsection (2) or (3) for removal of tree
without a permit. for each day the person fails to obtain an after-the-fact tree removal
permit after the time provided to comply by the code enforcement board or, if at least
one specimen tree has been removed, five hundred dollars ($500.00) for each day the
person fails to obtain an after-the-fact tree removal permit after the time provided to
comply by the code enforcement board, or five hundred dollars ($500.00) per quarter
acre of land cleared for each day the person fails to obtain an after-the-fact land
clearing permit after the time provided to comply by the code enforcement board,
whichever is greater. Fines imposed for repeat violations shall be as provided in F.S.
Chapter 162, as may be amended. If the trees were removed or land was cleared in
anticipation of a development project on the property, the City’s code enforcement
board may, in its discretion, allow for up to one (1) year for the developer to obtain
approval of an after-the-fact permit in conjunction with approval of a final engineering
and site plan, site plan amendment, or subdivision preliminary plat approval. In order
to obtain an after-the-fact tree removal permit, a tree survey shall be required as
provided in this section based on best available evidence of the trees that existed on the
property prior to removal, such as aerial photographs. Restoration, replacement, and/or
mitigation shall be required in order to obtain an after-the-fact tree removal or land
clearing permit as provided in this section, in addition to the aggravating penalties
provided in subsections (b)(2), (3), (4), and/or (5) below.
(2) Removal of a tree without a permit: Fine of fifty dollars ($50.00) per caliper inch, not
to exceed five thousand dollars ($5,000.00) per tree. Notwithstanding the penalties in
subsection (b)(1) for failure to obtain a permit, for each individual tree removed
without a permit: A fine of one hundred dollars ($100.00) per caliper inch, not to
exceed five thousand dollars ($5,000.00) per tree. Violations of this section are
considered irreparable and irreversible in nature. To the extent that a tree survey
prepared during the course of applying for an after-the-fact tree removal permit reveals
further inches removed, the City's Code Enforcement Board retains jurisdiction to
adjust the fine.
(3) Removal of a specimen or historic tree without a permit: Fine of one hundred dollars
($100.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per tree.
58
City of Winter Springs
Ordinance No. 2025-01
Page 7 of 13
Notwithstanding the penalties in subsection (b)(1) for failure to obtain a permit, for
each individual specimen tree removed without a permit: A fine of one hundred fifty
dollars ($150.00) per caliper inch, not to exceed five thousand dollars ($5,000.00) per
tree. Violations of this section are considered irreparable and irreversible in nature. To
the extent that a tree survey prepared during the course of applying for an after-the-fact
tree removal permit reveals further inches removed, the City's Code Enforcement
Board retains jurisdiction to adjust the fine.
(4) Removal of trees with inches unknown: Notwithstanding the penalties in subsection
(b)(1) for failure to obtain a permit, for each individual tree removed without a permit
with inches removed unknown: A fine of five thousand dollars ($5,000.00) per tree.
This subsection shall apply if trees are removed in a manner making it impossible to
determine the number of inches removed, such as where all stumps of the trees are
removed. Violations of this section are considered irreparable and irreversible in
nature.
(5) Land clearing without a permit: Notwithstanding the penalties in subsection (b)(1) for
failure to obtain a permit, land clearing without a permit: A fine of five thousand
dollars ($5,000.00) per each quarter acre cleared. This subsection may also be utilized
if the number of trees removed cannot be determined. Violations of this section are
considered irreparable and irreversible in nature.
(6) Failure to abide by a cease and desist order issued under this chapter: Fine of five
hundred dollars ($500.00) per day.
(7) Failure to obtain a contractor's license under subsection 5-4(e): Fine of two hundred
fifty dollars ($250.00) (first offense); five hundred dollars ($500.00) (second and each
subsequent offense). In addition, if a contractor continues to engage in work without a
contractor's license under this chapter in violation of a written cease and desist issued
by the city, the penalty for failure to obtain a contractor's license under this subsection
shall be increased two hundred fifty dollars ($250.00) per day for continued activity
without a license after the cease and desist was issued.
(68) Failure to abide by the requirements of section 5-10 of this chapter: Fine of two
hundred fifty dollars ($250.00) per occurrence.
(79) Any other violation of this chapter: Fine as provided by law and this chapter.
(c) Civil fine determination. In determining the amount of the civil fine under subsection (69)
above, the following factors shall be considered:
(1) The gravity of the violation.
(2) Any actions taken by the violator to correct the violation.
(3) Any previous violations of this chapter committed by the violator.
(4) The number and size of the trees removed, if any.
(5) The historical significance of any tree removed if the tree was deemed historic.
(6) Whether the violation is irreparable or irreversible in nature.
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(7) The remedial actions offered by the violator to restore the property consistent with this
chapter.
(8) Whether the violation was willful and intentional or in violation of an express
provision of an agreement in which applicable rights were provided to the city.
* * *
Section 3. Code Amendment. Chapter 9, of the City Code is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 9. It is
intended that the text in Chapter 9 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 9 – LAND DEVELOPMENT
ARTICLE I. – IN GENERAL
* * *
Sec. 9-8. Soil, rock, etc., removal. Reserved.
(a) It shall be unlawful for any person to remove from any real property within the city any soil,
subsoil, rock, or sand without approval as provided herein. Prior to such removal such
person shall file with the city manager an application which shall include a written consent
of the owner for such removal. The city manager shall present the application to the city
commission for its approval. If the commission approves the application, the mayor shall
issue a written permit for such removal.
(b) Unless such removal becomes a public nuisance or endangers the public health, safety or
welfare, no permit would be necessary other than a building permit for the removal which
would be incident to the preparation of single-family homes or auxiliary structures such as
patios, swimming pools or driveways.
* * *
ARTICLE VI. – RESERVED EXCAVATION AND GRADING
Secs. 9-326-9.369. – Reserved.
Sec. 9-326. – Definitions.
The following definitions shall be applicable to this chapter:
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Agricultural use shall include, but not be limited to, the use of land in horticulture,
floriculture, viticulture, forestry, dairy, livestock, poultry, bee keeping, piscaculture and all forms
of farm products and farm production.
Excavation shall be defined to include the hollowing out, removal by digging, dredging, or
leveling and/or filling of any land, dirt, sand, clay, soil, rock, solid materials or other soil
materials. It shall not include the procedure involved in cleaning and maintaining holding and
retention ponds in accordance with a management plan approved by SJRWMD nor shall it
include the digging of cemetery graves. Land clearing shall not be considered excavation or
grading activities and shall be regulated by Chapter 5 of the City Code of Ordinances.
Person means any person, partnership, limited partnership, sole proprietorship, corporation,
joint venture, trust or estate or other similar legal entity.
Zoning authority means the duly constituted city commission of the city.
Sec. 9-327. – Excavations and grading prohibited; Exceptions.
Excavations and grading are strictly prohibited within the city unless approved by the city in
accordance with section 9-328 herein and for the purpose of performing one (1) of the following
development activities:
(a) For wells or trenches for utilities.
(b) For installation of foundations of any building or structure approved under a valid
building permit.
(c) For other on-site leveling or excavation in accordance with a site or final engineering
plan approved by the City Commission, provided that all conditions of approval for the
site or final engineering plan have been satisfied and a valid building permit for a
building or structure has been approved.
(d) For construction of subdivisions complying with chapter 18 of the City Code, provided
that a preliminary plat and site and final engineering plans have been approved by the
City Commission.
(e) Excavations relating to the accessory use of land and designed to be filled upon
completion of excavation, such as septic tanks, provided applicable building or other
permits have been obtained.
(f) Swimming pools when a building permit has been issued for construction of such pool.
(g) Borrow pits designated or controlled by any local, regional, state, or federal
government agency, providing for mosquito control or drainage, or any drainage
district created pursuant to applicable Florida statutes.
(h) Excavation in conjunction with agricultural use of lands, where no excavated materials
are sold, whether directly or indirectly, or transferred from one (1) parcel of land to any
noncontiguous parcel.
(i) Excavations or leveling for private drives to provide ingress or egress in accordance
with the City Code or for the creation of designated parking areas in accordance with
the City Code.
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(j) Private lakes for recreational or aesthetic purposes only, on residentially zoned lots
which are greater than one (1) acre in size, if the excavation is less than one thousand
(1,000) cubic yards.
(k) Exploratory excavations performed under the direction of a registered engineer or
design professional.
Sec. 9-328. Permits required.
Prior to any person or entity excavating or grading pursuant to this Article, said person or
entity shall first obtain an excavation permit issued by the building official and obtain approval
of the Community Development Director if the excavation is part of a subdivision, site and final
engineering plan, planned unit development or similar development plan. No excavation permit
shall be approved unless for the purpose of performing one (1) of the development activities
listed in section 9-327. Such excavation permit shall remain in effect for a period of one (1)
year. Applications for an excavation permit shall be submitted in duplicate to the building
official, together with the application fee as established by the City Commission from time to
time, and shall contain the following information in addition to any additional information
requested by the building official:
(a) The name and address of the person seeking the permit, which shall be a licensed
contractor unless otherwise exempt by Florida law; if a corporation, all principals,
partners or officers.
(b) A legal description of the real property.
(c) A map showing the exact location and boundaries of the tract of land in question, to
include the location and type of trees existing thereon.
(d) Drawings to scale by a registered, professional engineer showing the dimensions of the
proposed excavation to be undertaken.
(e) A topographical survey of the real property including the location of water courses or
water bodies.
(f) A detailed statement and plan for the proposed reclamation and future use of the real
property at the conclusion of the excavation operation, including landscaping and tree
replacements if not otherwise provided in a tree removal permit application.
(g) A detailed statement indicating the nature, purpose and method of the proposed
excavation including stockpile locations, pump locations and the proposed method of
treatment of the flow leaving the site.
(h) An acknowledged written consent of the owner of the real property and mortgagee, if
any, including their respective addresses.
(i) Proposed and precise vehicular routes indicating the streets and roadways over which
all vehicles utilized to remove and transport the materials removed from any
excavation shall travel, together with a statement from the city engineer that such
streets and roadways are capable of accommodating such vehicles. A statement
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granting permission to use such roads from the appropriate county, city, and state
officials shall also be included.
(j) An affidavit from a person authorized to act on behalf of the applicant stating both a
familiarity with all federal and state statutes, rules and regulations applicable to the
project and that the applicant has fully complied with them.
(k) Copies of all other applicable permits for the proposed excavation.
(l) A written plan to control dust when excavation occurs within two hundred (200) feet of
an occupied residential structure or water body.
(m) A written schedule indicating the length of time the excavation area is to be under
construction and when restoration is to be completed. The maximum construction time
shall be limited to one (1) year, with a six (6) month extension granted if approved by
the city. All restoration should be completed within ninety (90) days of completion of
excavation.
Applications for excavation permits may be submitted concurrently with an application for a
building permit. Notwithstanding the issuance of an excavation permit under this Section, the
applicant shall not be excused from obtaining stormwater drainage approval of the city engineer
for any new development and significant redevelopment as provided in Chapter 9, Article IV,
Division 4 of the City Code of Ordinances, and nor shall the applicant be excused from the
requirement to obtain approval of a pollution prevention plan for all significant construction
activities as required in Chapter 19, Section 19-170.5 of the City Code of Ordinances. Land
clearing/tree removal permits shall be separately required for the removal of trees, ground cover,
and other vegetation by manual, mechanical, or chemical means in accordance with Chapter 5 of
the City Code of Ordinances.
Section 4. Code Amendment. Chapter 20, of the City Code is hereby amended as follows:
(underlined type indicates additions to the City Code and strikeout type indicates deletions, while
asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 20. It is
intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Chapter 20 – ZONING
* * *
ARTICLE V. – SUPPLEMENTAL DISTRICT REGULATIONS
* * *
DIVISION 2. – MOTOR VEHICLES
* * *
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Sec. 20-439. Parking areas on residential lots; design requirements.
(a) Permitted parking locations. On residential lots, vehicles shall be parked within a garage,
carport, or on a driveway and/or designated parking area.
* * *
(f) When site driveway construction permit required. A site construction driveway
construction permit shall be required from the building division, community development
department, whenever impervious materials are used to construct a driveway or designated
parking area, or whenever a new designated parking area is constructed on any residential lot.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts or ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _____ day of______________, 2025.
Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
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APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
_______________________________
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading:
Legal Ad:
Second Reading:
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