Winter Garden residents urge action as single owner buys downtown buildings; city attorney says legal limits constrain bans on chains

Dozens of residents and business owners told the Winter Garden City Commission on March 12 they are worried a recent string of downtown property sales — identified by speakers as purchases by Jim Marwitz — could displace long‑standing shops and leave storefronts vacant.

At a public‑comment session dominated by pleas for transparency, local merchants described lease terminations and sudden changes in ownership. "They are transactions," said one downtown business owner who testified that a terminated lease lacked explanation and recognition of what the business had built in the community. "We are residents here in Winter Garden, and I feel we have a voice."

City staff gave a presentation intended to address those concerns and to explain what municipal law allows. The presentation acknowledged community anxiety about consolidation of ownership, but staff and City Attorney Dan Langley told the commission the city’s options are limited by constitutional and statutory constraints. Langley cited the contracts clause and the dormant commerce clause of the U.S. Constitution and, as spoken in the meeting, a state property‑rights statute referenced in the record as the "Vergier Harris Act," warning that ordinances designed to block transfers or favor local buyers would likely face legal challenges.

"You just cannot protect local businesses by discriminating against out‑of‑state businesses," Langley said, summarizing court findings in similar cases and explaining why broad bans on chain stores would probably fail in court. Instead, he and staff emphasized the tools the city already uses to shape downtown character: architectural standards, signage limits, building setbacks, design review and a historic‑district overlay. Staff said those rules can make formula prototypes less feasible in historic downtown areas by increasing compliance costs for standardized corporate designs.

Staff also proposed targeted, lawful refinements. They recommended updating the historic‑district overlay (last updated, staff said, about 15 years ago) and considering modest refinements to signage, building height and compatibility standards—while monitoring state preemptions that could limit local regulation. "We can control architectural standards and signage restrictions," staff said, adding that the architecture review and historic preservation board reviews proposed changes for downtown.

Residents urged the commission to use nonregulatory levers as well. Several speakers asked the city to use incentives, marketing and negotiation to persuade the owner to keep local tenants or to share plans with the commission and community. Staff said it is actively pursuing relocation options for merchants affected by recent lease non‑renewals and would continue outreach to find alternative downtown spaces when possible.

The meeting produced no formal vote on new downtown regulations. Commissioners thanked speakers for civil comments and asked staff to return with options that respect legal limits while aiming to preserve downtown’s small‑business character.