HomeMy WebLinkAbout2025 06 23 Public Hearing 402 - First Reading - Ordinance 2025-05 Zoning Designation for 1333 N US HWY 17-92PUBLIC HEARINGS AGENDA ITEM 402
CITY COMMISSION AGENDA | JUNE 23, 2025 REGULAR MEETING
TITLE
First Reading of Ordinance 2025-05, to assign the General Commercial Zoning District
to one (1) parcel of land located at 1333 N US HWY 17-92
SUMMARY
The privately owned property generally located at 1333 N US HWY 17-92 was
voluntarily annexed into the City by Ordinance 2023-02. Ordinance 2025-05 proposes
to assign General Commercial Zoning to the subject property. The applicant intends
continued utilization of the property for the storage of automobiles for sale/ auction.
The proposed General Commercial Zoning District meets the analysis requirements
addressed in the staff report as it aligns with the prevailing character of the immediate
surrounding properties as well as future goals and objectives of the City.
FUNDING SOURCE
RECOMMENDATION
The Community Development Department recommends that the City Commission
recommend approval of the First Reading of Ordinance 2025-05 to assign the General
Commercial Zoning District to property generally located at 1333 N US HWY 17-92.
308
TITLE
1333 N US Hwy 17-92 | Rezoning
SUMMARY/UPDATE
The Community Development Department requests that the City Commission hold a
Public Hearing to consider Ordinance 2025-05 for the rezoning of four parcels totaling
±9.82 acres located on the east side of U.S. Hwy 17-92 north of Shepard Rd. from Seminole
County “M-1” to City of Winter Springs “C-2” and the accompanying Development
Agreement.
General Information
Applicant James G. Willard, Esq.
Property Owner(s) Florida Auto Auction Properties, LLC
Location East side of U.S. Hwy 17-92 north of Shepard Rd.
Tract Size ±9.82 acres
Parcel ID Number 28-20-30-501-0000-0100, 28-20-30-501-0000-010A,
28-20-30-501-0000-010B, and 28-20-30-501-0000-
013A
Zoning Designation Seminole County M-1
FLUM Designation Seminole County Industrial
Adjacent Land Use North: Conservation
East: FDOT Stormwater
Pond
South: Sprague Electric Co.
West: U.S. Hwy 17-92
Development
Permits
None
Development
Agreement
Pending
Code Enforcement None
City Liens None
PUBLIC HEARINGS AGENDA
CITY COMMISSION
June 23, 2025 | REGULAR MEETING
309
PUBLIC HEARINGS AGENDA | MONDAY,JUNE 23, 2025 | PAGE 2 OF 6
Request:
The applicant has initiated a Rezoning for the subject property, located east side of U.S.
Hwy 17-92 north of Shepard Rd. Ordinance 2025-05 proposes to rezone the property from
Seminole County “M-1” to the City of Winter Springs “C-2”.
Background Data:
The subject site is comprised of four (4) parcels totaling 9.82 acres. Historically, General
Dynamics Corporation or its affiliates manufactured printed circuit boards and other
electronic equipment at this property from the mid-1960s to the early 1980s. The structures
which were previously on the site have been demolished. As discussed during the
annexation process, the property is an EPA Superfund site and is undergoing a
remediation process for groundwater contamination. As also discussed during the
annexation process, the EPA has identified the responsible party as Raytheon
Technologies, and the City bears no responsibility for the remediation. Changing the
zoning designation of the property create any liability on the City’s part.
The subject property was annexed into the City of Winter Springs via Ordinance No. 2023-
02, recorded in the Official Records of Seminole County, Florida, at Official Record Book
10470 Pages 1624-1628.
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and within
approximately five-hundred (500) feet of the subject property and to all Homeowner’s
Associations on file with the City Winter Springs and located within one-half (1/2) mile of
the subject property (21 notices) on May 23, 2025.
Rezoning Analysis:
The following criteria is set forth by City of Winter Springs Code of Ordinances Section 20-
31(d) which has been analyzed by staff to form a recommendation:
Rezoning Criteria & Analysis
1. The proposed rezoning change is in compliance with all procedural
requirements established by the City Code and law;
Analysis:
The proposed rezoning is in compliance with all procedural requirements
established by the City Code and by law. Requirements for advertising the
land use action have been met.
2. The proposed rezoning change is consistent with the City's
Comprehensive Plan including, but not limited to, the Future Land Use
Map and the proposed change would not have an adverse effect on the
Comprehensive Plan;
Analysis:
The proposed rezoning change is consistent with the City’s proposed
Comprehensive Plan Amendment as detailed in Ordinance 2025-05,
which includes a Future Land Use designation of Commercial, and the
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PUBLIC HEARINGS AGENDA | MONDAY,JUNE 23, 2025 | PAGE 3 OF 6
proposed change will not have an adverse effect on the Comprehensive
Plan.
3. The proposed rezoning change is consistent with any Master Plan
applicable to the property;
Analysis:
Not applicable.
4. The proposed rezoning change is not contrary to the land use pattern
established by the City's Comprehensive Plan;
Analysis:
The proposed rezoning from Seminole County “M-1” to the City of Winter
Springs “C-2” is appropriate and compatible with the land use pattern
established by the City’s Comprehensive Plan. Surrounding properties
adjacent to the subject property have compatible Future Land Use and
Zoning designations. The properties located directly south of the subject
property are also designated C-2.
5. The proposed rezoning change would not create a spot zone prohibited
by law;
Analysis:
The proposed zoning designation is compatible with the surrounding area
and does not create a spot zone as surrounding properties are also zoned
C-2.
6. The proposed rezoning change would not materially alter the population
density pattern in a manner that would overtax the load on public facilities
and services such as schools, utilities, streets, and other municipal services
and infrastructure;
Analysis:
The proposed rezoning does not alter the population density pattern and
will not negatively contribute to public facilities and services as the
property will not be used for residential purposes. In addition, the City’s
public facilities will not be overloaded as the property use shall be limited
to the following via the Development Agreement:
7. The proposed rezoning would not result in existing zoning district
boundaries that are illogically drawn in relation to existing conditions on
the property and the surrounding area and the land use pattern
established by the city's comprehensive plan;
Analysis:
The proposed rezoning does not result in existing zoning district
boundaries that are illogically drawn due to the surrounding zoning
designations.
8. Changed or changing conditions make the proposed rezoning necessary
for the city to serve the population and economic activities;
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Analysis:
As stated above, the property was annexed via Ordinance 2023-02 into the
City of Winter Springs. It is appropriate for the property to be rezoned from
a Seminole County zoning designation to adopt a City zoning designation
in conjunction with the Small-Scale Future Land Use Map Amendment.
9. The proposed rezoning change will not seriously reduce light or air to
adjacent areas;
Analysis:
The proposed zoning change will not reduce light or air to adjacent areas.
10. Should the city be presented with competent substantial evidence
indicating that property values will be adversely affected by the proposed
rezoning, the applicant must demonstrate that the proposed rezoning
change will not adversely affect property values in the surrounding area;
Analysis:
The proposed zoning designation has been determined by evaluating the
prevailing character of the area around the subject property. The proposed
rezoning is not anticipated to have an adverse effect on property values in
the surrounding area.
11. The proposed rezoning will not be a substantial detriment to the future
improvement or development of vacant adjacent property;
Analysis:
The intent in the zoning of the property is to apply a zoning classification
for the subject property that is consistent and compatible with the
surrounding land uses. The proposed rezoning is not anticipated to have a
detrimental impact on the improvement or development of vacant
adjacent property.
12. The proposed rezoning will not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare and legitimate
government interests;
Analysis:
The proposed rezoning does not constitute a grant of privilege to an
individual owner as contrasted with the public welfare.
13. The proposed rezoning change and allowed uses, intensity, and density
are compatible with and not out of scale or incompatible with the
surrounding existing development and needs of the neighborhood or the
city;
Analysis:
The proposed rezoning change is compatible with the surrounding
neighborhood for the reasons described above. The use for automobile
parking to serve the auction house is not anticipated to negatively affect
surrounding existing development along US 17-92.
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PUBLIC HEARINGS AGENDA | MONDAY,JUNE 23, 2025 | PAGE 5 OF 6
14. The proposed rezoning does not violate any applicable land use
regulations adopted by the city.
Analysis:
The proposed rezoning does not violate any applicable land use
regulations adopted by the City.
18. 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 execute a binding development agreement
that specifies the use allowed on the property and contains a Land Use
Plan outlining the limits of the parking area on the property. The property
is already developed with a parking lot and no speculative rezoning shall
occur as a result of this application.
Applicable Law, Public Policy, and Events:
- State of Florida Statues
o Sections 163.2511-163.3246: Growth Policy; County and Municipal Planning;
Land Development Regulation (Provides that development regulations for
municipal planning must be consistent with the Comprehensive Plan).
o Section 166.041: Procedures for adoption of ordinances and resolutions.
- Code of Ordinances of the City of Winter Springs
o Chapter 15, Article 3 – Comprehensive Plan Amendments
o Section 20-31. - Rezoning
- Comprehensive Plan of the City of Winter Springs
Procedural History:
Procedural History:
July 10, 2023 Annexation approved by City Commission
June 05, 2025 Planning & Zoning Board | Recommendation of
Approval on Future Land Use Amendment
June 23, 2025 City Commission | Hearing on Future Land Use
Amendment
Recommendation:
Staff recommends that the City Commission adopt Ordinance 2025-05 to rezone the
subject property from Seminole County “M-1” to City “C-2”, subject to execution of the
Development Agreement as attached.
Attachments:
1. Current Zoning Map
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PUBLIC HEARINGS AGENDA | MONDAY,JUNE 23, 2025 | PAGE 6 OF 6
2. Proposed Zoning Map
3. Development Agreement
314
Current Zoning
315
Proposed Zoning
316
City of Winter Springs
Ordinance No. 2025-05
Page 1 of 5
ORDINANCE NO. 2025-05
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO THE
ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF REAL
PROPERTY WITHIN THE CITY OF WINTER SPRINGS TOTALING
APPROXIMATELY 9.82 ACRES, MORE OR LESS, GENERALLY
LOCATED EAST OF US HIGHWAY 17-92 AND NORTHEAST OF THE
INTERSECTION OF SHEPARD ROAD AND HIGHWAY 17-92, SAID
PARCELS BEING MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; CHANGING THE
ZONING MAP DESIGNATION OF THE PARCELS FROM COUNTY “M-
1” TO CITY “GENERAL COMMERCIAL DISTRICT” (C-2); PROVIDING
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS, on July 10, 2023, the City Commission adopted Ordinance Number 2023-
02, which is recorded in the Official Records of Seminole County, Florida, at Book 10470, Page
1624, and which annexed the subject property into the City of Winter Springs; and
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes except when expressly prohibited by
law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
recommended approval of this Ordinance at their March 06, 2025 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held two duly noticed
public hearings on the proposed zoning change set forth hereunder and considered findings and
advice of staff, citizens, and all interested parties submitting written and oral comments and
supporting data and analysis, and after complete deliberation, hereby finds the change consistent
with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial
evidence supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of the City of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
317
City of Winter Springs
Ordinance No. 2025-05
Page 2 of 5
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Zoning Map Amendment. That the official Zoning Map of the City of
Winter Springs, as described in the City of Winter Springs Code Section 20-102, is hereby
amended to include a change of classification for the property legally described and depicted on
Exhibit “A” from County “M-1” to City “General Commercial District” (C-2).
Exhibit “A” is attached hereto and fully incorporated herein by this reference.
Section 3. Staff Instructions. City Staff is hereby directed to promptly amend the
City’s Official Zoning Map upon the effective date of this Ordinance. In addition, upon adoption
and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to
record this Ordinance in the Official Records of Seminole County, Florida. This Ordinance shall
run with the land.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately
upon the effective date of Ordinance No. 2025-04 as adopted by the City Commission of the City
of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance No. 2025-04 does not
become effective, then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this _________ day of _______________________, 2025.
____________________________________
Kevin McCann, Mayor
ATTEST:
_________________________________
Christian Gowan, City Clerk
Approved as to legal form and sufficiency for
318
City of Winter Springs
Ordinance No. 2025-05
Page 3 of 5
the City of Winter Springs only:
_________________________________
Anthony A. Garganese, City Attorney
Legal Ad: ___________________________
First Reading: ___________________________
Legal Ad: ___________________________
Second Reading: ___________________________
Effective Date: ___________________________
319
City of Winter Springs
Ordinance No. 2025-05
Page 4 of 5
EXHIBIT “A”
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
Legal Description:
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City of Winter Springs
Ordinance No. 2025-05
Page 5 of 5
Depiction:
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Development Agreement
Florida Auto Auctions
Page 1 of 11
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
DEVELOPMENT AGREEMENT
Florida Auto Auction
Future Land Use Amendment and Rezoning
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. SR
434, Winter Springs, Florida 32708 (“City”), and FLORIDA AUTO AUCTION
PROPERTIES, LLC, a Florida Limited Liability Company with a principal address at 2800N.
U.S. HWY 17-92, Longwood, Florida 32750 (“Developer”).
WITNESSETH:
WHEREAS, the Developer is the owner of approximately 9.82 acres, more or less, of real
property generally located on the East side of U.S. HWY 17-92, northeast of the intersection of
Shepard Road and U.S. HWY 17-92 in Winter Springs, Seminole County, Florida, more
particularly described herein (the “Property”); and
WHEREAS, on July 10, 2023, the City Commission adopted Ordinance No. 2023-02,
which is recorded in the Official Records of Seminole County, Florida, at Book 10470, Pages
1624-1628, and which annexed the subject Property into the City of Winter Springs; and
WHEREAS, the subject Property is the site of a United States Environmental Protection
Agency (“EPA”) superfund site, and the EPA has determined that the responsible party is
Raytheon Technologies, thus the City bears no responsibility or liability for any contamination on
the Property or for the remediation thereof; and
WHEREAS, the Developers desire to amend the Future Land Use designation of the
Property from County “Industrial” to City “Commercial” and to amend the official zoning map
FOR RECORDING DEPARTMENT USE ONLY
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Development Agreement
Florida Auto Auctions
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designation of the Property from County “Industrial (M-1),” to City “General Commercial (C-2),”
for the purpose of developing a surface parking lot for the storage of automobiles to serve the
auction business located on a separate property; and
WHEREAS, the City Commission desires to approve the Developer’s request to change
the Future Land Use designation and rezone the Property, subject to the conditions in this
Agreement; and
WHEREAS, Section 20-31 of the City Code provides that the speculative rezoning of land
is very disfavored by the City and, in conjunction with a rezoning application, the Developer shall
be required to fully disclose any proposed new development project that will be pursued if the
proposed rezoning request is approved; and
WHEREAS, in compliance with the City Code, the Developer has included a general land
use plan, as described further herein, which shall be deemed to be binding on the Property, and the
change of zoning shall be deemed to have been granted in reliance on said land use plan; and
WHEREAS, this Development Agreement shall be recorded in the Official Records of
Seminole County, Florida, against the Property so that the terms and conditions of approval herein
shall run with the land.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 The Property. The real property subject to this Agreement comprises four tax
parcels with identification numbers 28-20-30-501-0000-0100, 28-20-30-501-0000-010A, 28-20-
30-501-0000-010B, and 28-20-30-501-0000-013A. The Property is legally described in Exhibit
A, which is attached hereto and fully incorporated herein by this reference.
4.0 Project Description and Requirements. The Developer agrees that the Property shall
be developed and used as a surface parking lot for the storage of automobiles to serve the
Developer’s auction business located on property that is within two miles of the subject Property
(the “Project”). The Project shall be subject to the conditions outlined in this Agreement.
5.0 Land Use Plan. The Project shall be substantially developed in accordance with the
survey plan which is attached hereto as Exhibit B and incorporated herein by this reference (“Land
Use Plan”). The Land Use Plan is intended to be the general blueprint which details key aspects
of the future physical development of the Property. The Land Use Plan shall also serve as a
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necessary guide for future permit applications which may be necessary to complete the
construction of the Project.
6.0 Omitted.
7.0 Future Permitting. Not applicable.
8.0 Representations of the Parties. The City and Developers hereby each represent and
warrant to the other that they have the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and have 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 Developers, constitute a legal, valid and binding obligation
enforceable against the parties hereto. Upon the 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. Developers represent that they have
voluntarily and willfully executed this Agreement for purposes of binding themselves and the
Property to the terms and conditions set forth in this Agreement.
9.0 Successors and Assigns. This Agreement shall automatically be binding upon and shall
inure to the benefit of the City and Developers 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.
10.0 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.
11.0 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.
12.0 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
between the City and Developers as to the subject matter hereof. The Exhibits attached hereto and
referenced herein are hereby fully incorporated herein by this reference.
13.0 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.
14.0 Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
15.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded in the
Public Records of Seminole County, Florida by the City.
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16.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developers are independent contractors and not agents 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.
17.0 Sovereign Immunity. 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).
18.0 City's Police Power. Developers agree and acknowledge 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.
19.0 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.
20.0 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.
21.0 Specific Performance. Strict compliance shall be required with each and every provision
of this Agreement. The parties agree that failure to perform the obligations provided by this
Agreement shall result in irreparable damage and that specific performance of these obligations
may be obtained by a suit in equity.
22.0 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.
23.0 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.
The failure of this Agreement to address any particular City, County, State and/or Federal permit,
condition, term or restriction shall not relieve Developers 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 Developers are in breach of any term or condition of this Agreement.
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24.0 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 or an action for specific performance and/or injunctive relief. In addition, Developers
specifically acknowledge and agree that violations of this Agreement will also constitute a
violation of the Zoning Ordinances of the City, and this Agreement may be enforced in the manner
of zoning code violations pursuant to the City Code. Prior to any party filing any court 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.
25.0 Termination. The City shall have the right, but not obligation, to terminate the Agreement
if Developers permanently abandon 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
24.0 above. If the City terminates this Agreement, the City shall record a notice of termination
against the Property in the public records of Seminole County, Florida. Upon termination for any
reason, the City may elect to initiate a Future Land Use designation amendment and rezoning of
the Property, the advertising and noticing costs of which shall be borne by the Developers. In that
circumstance, the Developers hereby waive the right to object to, contest, or support others in
objecting to or contesting the City’s efforts to initiate such Future Land Use designation
amendment and rezoning of the Property.
26.0 Indemnification and Hold Harmless. Developers shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developers
hereby agree 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 activities in
furtherance of constructing the Project under this Agreement and the operation and maintenance
of the Project thereafter. This indemnification shall survive the termination of this Agreement.
27.0 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
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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.
28.0 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: Kevin Sweet, City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
For the Developer:
Florida Auto Auction Properties, LLC
Attn: Josh Lorenz, General Manager
Address: 2800 N US 17 92
Longwood, Florida 32750
Email: jlorenz@orlandolongwoodaa.com
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.
29.0 Assignment. Prior to completing the construction of the Project and reaching final build-
out of the Project, Developers 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, Developers shall be entitled to assign their rights and obligations under this Agreement
to a parent, subsidiary, or affiliated entity in which Developers or their members are members or
interest holders without City consent, provided that the City is given notice of such assignment in
accordance with Section 28.0 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.
327
Development Agreement
Florida Auto Auctions
Page 7 of 11
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
____________________________________
Kevin McCann, Mayor
Date: _______________________________
ATTEST:
________________________________ CITY SEAL
Christian Gowan, City Clerk
Approved as to form and legality for
the City of Winter Springs only:
_________________________________
Anthony A. Garganese, City Attorney
Date: ____________________________
STATE OF FLORIDA
COUNTY OF
SEMINOLE
The foregoing instrument was acknowledged before me by means of (___) physical presence or
(___) online notarization, this ____ day of _____________, 2025, by Kevin McCann, Mayor of
THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, on behalf of the
corporation. He is personally known to me or has produced __________ as identification.
(NOTARY SEAL)
_______________________________________________________________
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: ________________
328
Development Agreement
Florida Auto Auctions
Page 8 of 11
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
FLORIDA AUTO AUCTION PROPERTIES,
LLC,
a Florida Limited Liability Company
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 ___________, 2025,
by____________________, the __________________ of Florida Auto Auction Properties, LLC.
He/she 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:
DEVELOPERS ARE HEREBY ADVISED THAT SHOULD DEVELOPERS 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.
329
Development Agreement
Florida Auto Auctions
Page 9 of 11
330
Development Agreement
Florida Auto Auctions
Page 10 of 11
EXHIBIT A
Legal Description of the Property
331
Development Agreement
Florida Auto Auctions
Page 11 of 11
EXHIBIT B
Land Use Plan
332
333
334
Published Daily in
Orange, Seminole, Lake, Osceola & Volusia Counties, Florida
Sold To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
Bill To:
City Of Winter Springs - CU00116922
1126 E State Road 434
Winter Springs, FL 32708-2715
State Of Florida
County Of Orange
Before the undersigned authority personally
appeared
Rose Williams, who on oath says that he or
she is a duly authorized representative of the
ORLANDO SENTINEL, a DAILY
newspaper published in ORANGE County,
Florida; that the attached copy of
advertisement, being a Legal Notice in:
The matter of 11150-Public Hearing Notice
Was published in said newspaper by print in
the issues of, or by publication on the
newspaper¶s website, if authorized on May
26, 2025.
Affiant further says that the newspaper
complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Rose Williams
Sworn to and subscribed before me on this 27 day of May, 2025,
by above Affiant, who is personally known to me (X) or who has produced identification ( ).
Signature of Affiant Name of Affiant
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
7819429
335
336
7819429
337