HomeMy WebLinkAbout2000 06 12 Regular B Schrimsher Land Fund Agreement
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearin s
Re ular
x
June 12.2000
Meeting
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Mgr,
Authorization
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REQUEST: City Manager requests the Commission approve an agreement between Schrimsher
Properties and the City of Winter Springs relative to adoption of the Town Center Code.
PURPOSE: The purpose of this Agenda item is to adopt the agreement between Schrimsher
Properties and the City regarding the Town Center.
CONSIDERATION: On May 22, 2000 the City Commission voted to instruct the City Manager
and City Attorney to fmalize the wording in the agreement and place the agreement on the June 12,
2000 agenda for consideration.
FUNDING: Funding for the agreement is provided from the 1999 Revenue Bond issue, the One
Cent Local Option Sales Tax, Integrated Utilities Fund Bond Issue, and Transportation
Improvement Fund.
RECOMMENDATION: It is recommended that this City Commission adopt the agreement.
ATTACHMENTS: Agreement between the City of Winter Springs and Schrimsher Land Fund.
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Ronald W. McLemore
City Manager
TO:
FROM:
DATE:
SUB]:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708.2799
Telephone (407) 327.1800
MEMORANDUM
Mayor and Commission
Ronald W. McLemore, Gty Manager~
June 8,2000
Schrimsher Agreement
Please find attached a draft copy of the agreement. Section 2F has been amended as per my June 2,
2000 memorandum.
Please attach the map forwarded to you with my June 2, 2000 memorandum.
Ijp
Attachment
U:\Docs\ Word\Memos\JuneOO\amended Section 2F.doc
CITY OF WINTER SPRINGS, FLORIDA
Ronald W. McLemore
City Manager
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
FROM:
Mayor and Commission ~
Ronald W. McLemore, City Manager
TO:
DATE:
June 2, 2000
SUB]:
Schrimsher Agreement
Please find attached a draft copy of the agreement. Section 2F is not exactly correct. The
agreement at the meeting provided that Magnolia Park would not be less than .64 acres and that the
additional .15 acres that the city was entitled to for Magnolia Park would be transferred to one of the
additional parks in a manner mutually acceptable to the parties. The Commission gave the City
Manager, Schrimsher, and Victor Dover authority to determine in what manner the acreage would
be distributed to the additional parks.
We will amend this section prior to the Commission meeting.
Ijp
Attachment
\ \ CITYHALL_PDC\JPALLADI\Docs\ Word\Memos\}uneOO\Schrimsher Agreement Section 2F,doc.doc
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DRAFT 5/22/00 5/26/00
Prepared by:
Return to:
AGREEMENT
An Agreement made and entered into this _ day of --' 2000 by and among
Schrimsher Land FWld 1986 - II, Ltd., Schrimsher Land Fund V, Ltd., and Schrimsher Land
Fund VI, Ltd., herein referred to as "Schrimsher" and the City of Winter Springs, a municipal
corporation existing under the laws of the State of Florida herein referred to as "City".
RECITALS
1. WHEREAS, Section 163.3167, Florida Statutes provides that each local government
is encouraged to articulate a vision of the future physical appearance and qualities of its
community as a component of the local comprehensive plan through a collaborative planning
process with meaningful public participation, and
2. WHEREAS, the City completed a comprehensive planning study, with extensive
public participation from local residents and local, connty, and stute officials, which resulte.d
in the adoption of the Winter Springs Town Center Plan, and
3 . WHEREAS, Schrimsher owns land located within the boundaries of the City of
Winter Springs Town Center, and
4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and
agreement regarding their respective interests, expectations, and intentions contained in this
Agreement regarding the Town Center.
NO\V THEREFORE in consideration of the tenus and condition set forth in this
Agreement., and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and Schrimsher agree to the following:
I. Tn corporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference as a material part of this Agreement.
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Il. Definitions.
Unless the context clearly indicates otherwise, the following words and phrases when
used in this Agreement shall have the meaning ascribed below:
a, "City" shall mean the City of Winter Springs, a Florida municipal corporation.
b. "City Code" shall mean the City Code of the City of Winter Springs, Florida.
c, "CI o~~ Selilillole TI ail Sh ed EastfWest Crossroad Segment" shall mean that
segment of a roadway (formerly known as "Cross Seminole Trail Street") to be located upon the
Schrimsher Property in a location generally depicted in the boundary map attached hereto as
Exhibit "A", which is hereby fully incorporated herein by this reference.
d, "East Market Square Parcel" shall mean that portion of Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully
incorporated herein by this reference. The East Market Square Parcel shall be approximately
eight and 25/1 OOths (8.25) acres in size.
e, "Lake Trail Park" shall mean that portion of Schrimsher Property more particularly
described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated
herein by this reference. Lake Trail Park shall (i) not be less than 0.85 acres in size (ii) have no
less than three hundred (300) feet of road frontage on its western boundary, (iii) be contiguous to
either a City approved Schrimsher development or a retention pond on its northern boundary and
(iv) be contiguous to the unpaved portion of the Cross Seminole Trail on its eastern boundary.
f. "Magnolia Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully
incorporated herein by this reference. Magnolia Park shall consist of not less than sixty-four/one
hundredths (0.64) acres and not more than seventy-nine/one hundredths (0.79) acres as depicted
on Exhibit "A" unless another configuration is agreed upon by the parties in writing; provided,
however, to the extent that Magnolia Park is less than seventy-nine/one hundredths (0.79) acres,
Schrimsher agrees that such difference (i.e.. not to exceed fifteen/one hundredths (0.15) of an
acre) shall be added to one or more of the following parks as mutually agreed to by the parties:
Lake Trail Park, Wetland Park or any of the Small Neighborhood Squares (#2.3.4 or 5).
g. "Main Street Improvements" shall mean that portion of Tuskawilla Road described
as Main Street on the Town Center District Code and located from State Road 434 to Magnolia
Park (including pavement, curbs and gutters, and storm water facilities); as more particularly
described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated
herein by this reference.
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II. pefinitlom.
Unless the context clearly indicates otherwise, the following words and phrases when
used in this Agreement shall have the meaning ascribed below:
a) "City" shall mean the City of Winter Springs, a Florida municipal corporation.
b) "City Code" shall mean the City Code ofthe City of Winter Springs, Florida.
c) "Cross Semiftole Trail Stred East/Wcst Crossro~d Scemeof' shall mean that
segment of a roadway (formerly known as "Cross Seminole Trail Street") to be located upon
the Schrimsher Property in a location generally depicted in the boundary map attached hereto
as Exhibit "A". which is hereby fully incorporated herein by this reference.
d) "East Market Square Parcel" shall mean that portion of Schrimsher Property
more particularly described in the botmdary map attached hereto as Exllibit "An which is
hereby fully incorporated herein by this reference. The East Market Square Parcel shall be
approximately eight and 25/ I OOths (8.25) acres in size.
e) "Lake Trail Park" shall meall that portion of Scluimsher Property more
particularly described in the bOW1dary map attached hereto as Exhibit" AU which is hereby
fully incorporated herein by this reference. Lake Trail Park shall (i) not be less than 0,85
acres in size (ii) have no less than three hundred (300) feet of road frontage on its western
boundary, (iii) be contiguous to either a City approved Schrim.5her development or a
retention pond on its northern boundary and (iv) be contiguous to the unpaved portion of the
Cross Seminole Trail on its eastern boundary.
f) "Magnolia Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibi~ "An which is hereby
fully incorporated herein by this reference. Magnolia Park shall consist of not less than_
( ) acre!! BI!.~ Dot more than seventy-nine/one hundredths
(0.79) acres as depicted on Exhihit UN' unless another configuration is agreed upon by the
parties in writing; provided. however. to the exten~ that Ma~nolin Pqrk i~ le~~ thlll!
seventy-nine/one hundredtbs (0.79) Qcre!i. Schrlm!iher nerecs th at such difference (i.e.~
not to exceed ( ) of nn acre) ~lwJI be added to one or
!!l.Ql'e of the folloWio2 pqrlFs: Lake Trail Park. Wetland Park or a~v of (be Small
Nell!hbClrhoCld SQ1H\rC$ (#2. 3. 4 or 5).
g) "Main Street Improvements" shall mean that ponion of Tuskawilla Road
described as Main Street on the Town Center Distric.t Code and located from State Rond 434
to Magnolia Park (including pavement, curbs and gutters, and stornlwnter facilities); as more
particularly described in the boundary map attached hereto as Exhibit "An which is hereby
fully incorporated herein by this reference.
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h) "Rustic Resldentllll Property" shall mean the real property owned by
Schrimsher which currently has a nlstic residential future land use designation on the City's
Future Land Use Map.
i) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, LTD., Sc.hrimsher
Land Fund V, LTD, and Schrimsher Land Fund VI, LTD, collectively and individually,
j) "Scbrimsher Property" shall mean the real property owned by Schrimsher and
located in the Town Center District, as more particularly described in Exhibit "B-1" which
is hereby fully incorporated herein by this reference.
k) "Spine Road" shall mean the proposed collector road traversing Schrimsher
Property and running from State Road 434 to Tuskawilln Road (including pavement, curbs
and gutters, and stonnwater facilities), Said Tond shall also run adjacent to Wetland Park as
a single-loaded road. Spine Road will run as close as practicable to the Wetland Park in
order to reduce the amount of isolated uplands between Spine Road and Wetland Park. The
location of Spine Road is generally depicted in the sketch attached hereto as Exhibit "A"
which is hereby fully incorporated herein by this reference,
1) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs
Town Center MaBter Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, a
copy of which is attached hereto as Exhibit "C" and hereby fully incorporated herein by this
reference.
m) "Town Center District" shall mean the town center area located in the City of
Winter Springs that is depicted in the attached Exhibit "D" which is hereby fully
incorporated herein by this reference.
n) "Town Center District Code" shall mean the town center zoning district code
adopted by the City Commission of Winter Springs on , which is
attached hereto as Exhibit "E" and hereby fully incorporated herein by this reference.
0) "WetlRnd Pnrk" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference. Wetland Park shall consist of not less than
twenty-two and 23/1 OOth3 (22.23) 33/1 OOths (22~:l3J acres as generally depicted on Exhibit
::A: with the understanding that the actual configuration of WetIand Park may be adjusted
depending upon the actual location of Spine Road and the actual location of the Cross
Seminole Trail.
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III. Trail R~alt~nment.
A portion of the Schrimsher Property is presently encumbered by the fanner CSX
railroad line now owned by the Board of Trustees oftlIe Intemal Improvement Fund of the
State of Florida and which is intended to be improved and converted to a public nature and
recreational trail ("Cross Seminole Trail"). To enhance the location of the Cross Seminole
Trail, for trail users and to incorporate the Cross Seminole Trail into the Town Center, as
well as accommodate a more orderly development ofthe Schrimsher Property, the City and
Schrimsher agree as follows:
a) For purposes of realigning the Cross Seminole Trail in accordance with the Town
Center Plan. Schrimsher (in exchange for receiving fee-simple ownership of a portion of the
current alignment of the Cross Seminole Trail consisting of approximately U acres) agrees
to donate property located within the boundaries of the Schrimsher Property, as generally
depicted on Exhibit "A" attached hereto, to the State of Florida in accordance with rules and
procedures of the Florida Office of Green ways and Trails ("FOG&T"). Provided, however,
the City acknowledges that the unpaved portion of the Cross Seminole Trail traversing the
easterly and northerly portion of the Schrimsher Property shall be located adjacent to or as
close as practicable to the contiguous wetlands (lying easterly and northerly of the
Schrimsher Property) in order to minimize the amotmt of isolated uplands (i.e.,
non-wetlands) located between the unpaved portion of the Cross Seminole Trail and such
wetlands (the "Isolated Uplands"). The City acknowledges that any such Isolated Uplands
may be included in the land exchange with the State of Florida to meet the "2 to I" ratio
exchange requirement ofthe FOG&T if allowed by the FOG&T. The City also agrees not
Lo oppose any further minor modifications to the alignment of the Cross Seminole Trail
located within the Schrimsher Property provided such minor modifications are approved in
writing by the FOG&T and do not materially adversely affect the intent and concepts ofthe
Town Center District Code and the minor modifications are consistent with the terms and
conditions of this Agreement.
The City agrees to seek dilie;ently pursue the appropriate approvals to vacate or
otherwise utilize that part of the current alignment of Cross Seminole Trail lying south of
Magnolia Park and westerly of Wetland Park for the Trail Access Lane portion of Edge
Drive andlor parking purposes; and Schrimsher agrees to support and not oppose such effort
on the part of the City. If the City is unsuccessful in such effort then Sehriffi3flcr shall ha'/e
the option. bl:lt fiot the obligation, of c!W3ing said the City and Sch~!msher ae;ree.o revisit
and revieyv tb~ location of the Trail Access Lane portion of Edge Drive to be censtrueted
upon the Se.hfimsher Pt6pcrty adjacent to such segmont of the current alignment finIte Crass
Seminole Trail. and/or parklo2 ...,.ith fue intentiQn pf rchu=lltine or redesJl:nlne such
imllrovem.,g,g.tU~uu!sbion that t~ mutually acceptable to the Citv nnd Schrlm~her.
If the City elects to seek the appropriate approvals to vacate or otherwise utilize for
any purpose permitted under tbe Town Cel!ter Di~trict Code any part of that portion of
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the current alignment of Cross Seminole Trail lying east of and contiguous to Magno) i a Park
(between Magnolia Park and Wetland Park), Schrimsher agrees to support and nDt oppDse
such effort on the part of the City. Likewise, if Schrimsher elects tD seek the appropriate
approvals to vacate or Dtherwise utilize for any purpDse permitted under the Town Center
p~trict CQd~, any part of the current alignment of Cross Seminole Trail lying north of
Magnolia Park and westerly of Wetland Park., the City agrees tD support and not oppose such
effort Dn the part of Schrimsher.
Schrimsher and the City also agree that the east-west section of the paved portion of
the Cross Seminole Trail may be located on the northern side DfEdge Drive (as generally
depicted on Exhibit "A" attached heretD) so long as the Cross Seminole Trail dDes not reduce
the width of Edge Drive.
b) At the time Schrimsher donates such property IDcated within the boundaries of
the Schrimsher Property, Schrimsher shall reserve (i) perpetual easements for rDadways~
~.Ylillm~.m and utility purposes (including, without limitation, sewer, wuter, drainage, natural
gas, cable, electricity and telephone) (the "RoadwaylUtility Easements"), crossing over and
under the Cross Seminole Trail at the locations generally depicted on Exhibit "A" where
roadways, W1lIJ<,,,'a...Y.! and/or utilities overlap or intersect with the Cross-SeminDle Trail; and
(ii) a fifteen foot (151) tempDrary construction and a five foot (5') perpetual maintenance
easement for construction and maintenance of the Wall defined in Article XI below (the
"Wall Easements"). Schrimsher agrees to dedicate such RoadwaylUtility Easements to the
City in connection with the construction and installation of such roadways and utilities. The
Roadway Utility Easements dedicated to the City shall be in a [onn acceptable to the City,
c) Upon execution hereof, the City shall, at its expense, promptly commence and
diligently pursue the completion of the design, engineering, pennitting, surveying and
construction of that portion of the Cross Seminole Trail which is located on the property to
be donated by Schrimsher. The survey shall include sketches and legal descriptions of the
locations for the Roadway/Utility Easements and the Wall Easements. Upon completion of
construction of that portion of the Cross Seminole Trail located upon the Schrimsher
Property, the City agrees to maintain such portion of the Cross Seminole Trail and, to the
extent permitted by law, to indemnify and hold Schrimsher and Schrimsher Property
hannless against any loss, damage. liens or expenses, associated with or resulting from the
City's design, engineering, permitting, surveying, constl1lcting and maintaining the Cross
Seminole Trail. The City will coordinate with Schrimsher to identify the location of the
RoadwaylUtiJity Basements and the Wall Easements,
City agrees that Schrimsher's engineers (who shall be qualified and experienced in
roadway and/or "trail" engineering and permitting) and surveyors will be able to review and
provide input into th" design, sunreying and pennining process for that portion of the CrDSS
Seminole Trail located within the Schrimsher Property; and that any and all surveys and
related applications andJor submittals to all applicable govemmentlllngencies that may affect
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Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's
engineers and surveyors. Schrimsher's engineers and surveyors shall complete said review
llnd provide any such input pursuant to the City's reasonable time schedule.
d) City and Schrimsher agree to cooperate with each other, Seminole Calmty, the
Florida Department of Environmental Protection and all other, necessary governmental
agencies and interest groups to effectuate the Cross Seminole Trail realignment on
Schrimsher Property.
IV. Conveyances from SchrImsher to the City.
a) Schrimsher agrees that at such time as the City obtains all permits necessary to
construct, install, and extend (i.e., "stub-in") the sewer and water facilities to the Schrimsher
Property as required in Article V b) below, Schrimsher will convey to the City fee simple
title to Magnolia Park and Wetland Park.
b) Schrimsher also agrees to convey to the City the Small Neighborhood Squares
(#f; 2, ~ 4, and 5), as generally depicted on Exhibit "A", unless said Squares are substituted
by special exception granted by the City Commission of Winter Springs. Special exceptions
will not be unreasonably withheld by the City, provided the substituted Small Neighborhood
Square is of equal or better value than what is proposed in the Town Center District Code
with respect to property value and design, Small Neighborhood Square #5 shall be a
minimum of point forty-four (.44) acres. Small Neighborhood Square #4 shall be a
minimum of point forty-two (.42) acres. Small Neighborhood Square ~ J shall be a
minimum of point forty-four (.44) acres. Small Neighborhood Square #+ ~ shall be a
minimum of point forty-five (,45) acres, These minimum acreages of the Small
Neighborhood Squares #5, 4, ~ ~ and +- ~ include all rights-of-way around the perimeter of
each Small Neighborhood Square as depicted on Exhibit "A". In addition, Schrimsher shall
also have the right to relocate Small Neighborhood Square #+ ~ and ~;! a maximum distance
of250 feet in any direction from the location depicted on Exhibit "A"; Small Neighborhood
Squares #4 and #5 may be relocated a maximum distance of250.00 feet to the east or west,
and to the south as part of any relocation or adjustment of Gross Seminole Trail Street
E~~tIWe~t Crossroad Seement pursuant to Article XIV ofthis Agreement. Anyrelocated
Small Neighborhood Square shall be located on Schrimsher Property and shall not overlap
another Small Neighborhood Square, Lake Trail Park, Wetland Park, Spine Road, Edge
Drive, Crass Seminole Trail Street EastfWest Crossroad See:ment, the Cross Seminole
Trail or any other then existing park or right-of-way. The distance shall be measured
beginning from the boundary of the subj eet Small Neighborhood Square that is closest to the
direction in which said Square is relocating. The conveyances of the Small Neighborhood
Squares shall occur at such time, and as part of, a City approved Schrimsher development
adjacent to the applicable Small Neighborhood Square,
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Schrimsher 8.fifrlhc City agree that Small Neighborhoetl Square #3 is eliminated tt:nd both
Small Noighborhood Sq1:lM'e #3 aud an)' proposed roadway between Small Neighborhood
Sql1llfe #3 and the 13a3t MM'ket Square Parcel shall be includetH-n the East Ml\1'ket SqulU'e
Pa:reel as shown Oft Exllibit "AU.
c) Schrimsher also agrees to convey Lake Trail Park to the City at the time of the
later to occur of the construction of (i) either a City approved Schrimsher development or a
retention pond adjacent to the north of Lake Trail Park or (ii) the road adjacent to the
western boundary of Lake Trail Park or (iii) the unpaved portion of the Cross Seminole Trail
on the eastern boundary of Lake Trail Park.
d) Schrimsher agrees to convey rights of way and easements and improvements to
rights of way and easements similar to those depicted in the Town Center District Code and
located on Schrimsher Property at such time, and as part of a City approved Schrimsher
development, in a manner in which similar conveyances are required in connection with
similar developments within the City.
e) Except for the conveyances from Schrimsher to the City so described in this
Article IV (i.e. Wetland Park; Magnolia Park; Small Neighborhood Squares #+; 2, ~ 4 and
5 and Lake Trail Park), Schrimsher shall have no further obligation to convey to the City any
property for park, open space or green space purposes,
f) Schrimsher shall not make any claims for extraordinary excess development costs
for single-loaded roads traversing Schrimsher Property in accordance with this Agreement
and the Town Center District Code.
V. City Oblleations.
In consideration of Schrimsher (i) conveying to the City Magnolia Park and Wetland
Park, as described in Article IV(a), (ii) conveying to the City the Small Neighborhood
Squares, LakeTrail Park, rights of way, easements, and improvements to said rights of way
and easements as described in Article IV(b), (c) and (d), (iii) not making any claim for
single-loaded road as described in Article lV(f), and (iv) agreeing to the terms and conditions
contained in this Agreement, the City, at its expense, agrees to do the following:
a) Within eighteen (18) months from the effective date of this Agreement, extend and
connect (i.e., "stub in") City water distribution and sewer collection facilities to the
boundaries of Schrimsher Property in sufficient capacity to reasonably accommodate and
guarantee the level of service capacity required for lhe Town Center and Schrimsher
Property. Except as provided in Article V(c) and V(d) below relating to Spine Road and
Main StTeet Improvements, the City shall not be required to extend either sewer or water
facilities into the interior portion of the Schrimsher Property unless agreed upon in future
wri tten developer agreements, The City also guarantees sufficient capacity within the sewer
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and water treatment plants to reasonably accommodate and guarantee the level of service
required [or the Town Center and Schrimsher Property. The City also agrees that no special
City water or sewer connection charge or assessment will be applied to Schrimsher Property
for purposes of reimbursing the City for the expense of extending and connecting the City's
water distribution and sewer collection facilities to Schrimsher's Property as described
above; provided, however, individual users within the Schrimsher Property may be charged
the same normal and regular "City-wide" connection fee that is customarily charged to all
other individual users within the City for connecting into and utilizing the · 'City-wid e" water
and sewer capacity,
b) Promptly commence and within six (6) months following the date of this
Agreement, submit an application to acquire a Master Storm water Management Permit from
the S1. John's Water Management District for the Town Center and expedite to the fullest
extent possible completion of the master stormwaterperrnitting within the Town Center and
Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and
experienced in stormwater engineering and permitting) will be able to provide input into the
design and permitting process for the Master Stonnwater Management Pemlit and that any
and all related applications and/or submittals to all applicable governmental agencies that
may affect Schrimsher Property will be subject to reasonable and timely review and approval
by Schrimsher's engineers. Schrimsher's engineers shall complete said review pursuant to
the City's reasonable time schedule and shall not unreasonably withhold said approval. In
no event will the Schrimsher Property be required to accommodate a disproportionate
area/acreage of retention ponds or amount (i.e., volWlle or rate) of the stormwater generated
in Town Center unless otherwise agreed to by Schrimsher in writing.
c) Designate Spine Road a City collector road and process an amendment to the
City's Comprehensive Plan) Traffic Circulation Element, to so designate. City also agrees,
at its expense, to begin designing, engineering, surveying and pennitting Spine Road upon
the effective date of this Agreement; and the City agrees to commence good faith
construction of Spine Road within two (2) years from said effective date and to diligently
pursue completion of such construction, Schrimsher agrees that City shall have the right of
entry and ingress and egress to and from Schrimsher Property for purposes of designing,
engineering, permitting, surveying and constructing Spine Road, and, in such event, the City
agrees, to the extent permitted by law I to indemnify and hold Schrimsher and the Schrimsher
Property harmless against any loss, damage, liens or expenses associated with or resulting
from the City designing, engineering, pennitting, surveying and constructing of Spine Road.
However, if Schrimsher desires to construct Spine Road in accordance with the Town Center
District Code, prior to the City's schedule for said construction provided herein, Schrimsher
may design, engineer) pennit, survey. and construct Spine Road at Schrimsher's expense.
Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then
be eligible for and receive in connection with the development of the Schrimsher Property
transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for
designing, engineering, permitting, surveying and construction of the Spine Road which
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costs shall be deemed to be for "non-site-related improvements". Accrued credits shall be
applied to the development of Schrimsher Property. Regardless of which party constructs
Spine Road, the City, at its expense and concurrently with the construction of Spine Road,
agrees to design, permit, and construct water and sewer utilities for Spine Road required for
the Town Center and Schrimsher Property (the "Spine Road Utilities"), Schrimsher shall
convey the right of way for Spine Road to the City at such time as.the City has obtained all
necessary permits for the City to construct Spine Road or at such time that Schrimsher has
completed construction of Spine Rond, whichever occurs first.
City agrees that Schrimsher's engineers (who shall be qualified and experienced ill
roadway and water and sewer utilities engineering and permitting) will be able to review and
provide input into the design and permitting process for Spine Road and the Spine Road
Utilities; and that any and all related applications and/or submittals to all applicable
governmental agencies that may affect Schrimsher Property will be subject to the reasonable
and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said
review and provide any such input pursuant to the City's reasonable time schedule.
If the City adopts a traffic concurrency management ordinance, the City agrees to
favorably consider the allocation of reasonably sufficient traffic capacity to Town Center
and/or appropriate levels of service to accommodate the development of Town Center as
anticipated in the Town Center District Code,
d) Designate that portion of Tuskawilla Road between State Road 434 ond Spine
Road a City collector road and process an amendment to the City's Comprehensive Plan,
Traffic Circula.tion Element, to so designate. The City also agrees, at its expense, to design,
engineer, permit, survey and construct the Main Street Improvements substantially within
the alignment shown on Exhihit "AU, The City also agrees to promptly commence the
design, engineering and pennitting within ninety (90) days of the effective date of this
Agreement, exercise their best efforts to commence construction as soon as possible and to
diligently pursue completion of such construction wiUlin two (2) years of the effective date
of this Agreement. The Main Street Improvements shall be consistent with the Town Center
District Code, Schrimsher agrees to donate and convey to the City eleven (11) feet of
right-of-way in order for the City to expand Main Street to eighty-two (82) feet in width in
accordance with the Town Center District Code. The conveyance shall occur at such time
as the City has obtained all permits necessary to construct the Main Street improvemen.t3
Improvements. Because Schrimsher only owns property on one side of that portion of
Tuskawilla Road described as Main Street, Schrimsher shall only be required to convey the
one-half (i.e., not more than eleven (11) feet wide) of the needed right-of-way which is
located on Schrimsher's side ofTuskawilla Road, Schrimsher agrees that City shall have the
right of entry and ingress and egress to and from the Schrimsher Property for purposes of
designing, engineering, permitting, surveying and constmcting the Main Street
Improvements, and. in such event, the City agrees, to the extent permitted by law, to
indemnify and hold Schrimsher and the Schrimsher Property harmless against any 10s5,
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damage, liens or expenses associated with or resulting from the City designing, engineering.
pem1itting, surveying and constructing the Main Street Improvements which costs shall be
deemed to be for ''non-site-related improvements", Notwithstanding the aforesaid, if
Schrimsher desires to commence tho Main Street Improvements in accordance with the
Town Center District Code, prior to the City's schedule for making said improvements,
Schrimsher may design, engineer, pem1it, survey, and con$truct the Main Street
Improvements at Schrimsher's expense and the conveyance shall occur at such time
Schrimsher has completed construction of said improvements. Pursuant to Winter Springs
City Code, Sections 9-386 through 9-390, Schrimsher shall then be eligible for and receive
in connection with the development of the Schrimsher Property transportation impact fee
credits in an amolUlt equal to Schrimsher's reasonable costs for design. engineering,
swveying, permitting and construction ofthe Main Street Improvements. Accrued credits
shall be applied to tho development of Schrimsher Property, City agrees that Schrimsher's
engineers (who shall be qualified and experienced in roadway and water and sewer utilities
engineering and pennitting) will be able to review and provide input into the design and
pennitting process for the Main Street Improvements; and that any and all related
applications and/or submittals to all applicable. goverrunental agencies that may affect
Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's
engineers. Schrimsher's engineers shall complete said review and provide any such input
pursuant to the City's reasonable time schedule.
VI. Inclusion of Proper tv in Town Center District.
Schrimsher consents to the inclusion of the Schrimsher Property into the Town
Center District subject to the terms and conditions thereef hereof.
VII. Adoption of Town Center District Code.
Schrimsher hereby consents to the adoption of the Town Center District Code and
its applicability to the Schrimsher Property subject to the terms and conditions hereof.
VIII. Future Land Use Chan2e.
Schrimsher and the City acknowledge that the future land use designation for the
Schrimsher Property shall be Town Center at such time said designation is approved by the
City, Specifically, and without limitation, the parties intend for the future land use
designation under the City's Comprehensive Plan to be amended to accommodate the Town
Center District Code and to correct the future land use designation of the Rustic Residential
Property (to Town Center) which was inadvertently previously changed by City from
commercial to "rustic residential", The City shall immediately administratively initiate and
diligently process through completion said comprehensive plan amendments and also
effectuate any administrative rezoning necessary to implement the foregoing land use
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change, All future land use changes shall comply with the procedures set forth in chapter
163, Florida Statutes and the City Code of Winter Springs.
IX. East Market Square parcel.
Provided that the site and building plan are consistent with the City Code and Town
Center District Code, the City agrees and acknowledges that the East Market Square Parcel
will be allowed to have: (i) a grocery store anchor building consisting of approximately
45,000 retail square feet; (ii) up to 45,000 square feet of additional retail square feet; and
(iii) a parking ratio of up to five (5) spaces per 1,000 retail square feet.
X. Retention Ponds,
The retention ponds depicted on the Town Center Plan are meant to be conceptual
and do not necessarily indicate the actual size or location of retention ponds that may be
required as part of a development project. As part of all Schrimsher development projects
on Schrimsher Property, Schrimsher agrees to provide retention ponds in accordance with
the Master Stonnwater Management Permit (approved by Schrimsher's engineers and
meeting the requirement of Article V(b)) local, state, and federal law and sotmd engineering
practices.
XI. St. Johns Landille.
Schrimsher agrees to provide a buffer not less than fifty (50') feet in width along the
northern boundary of the Schrimsher Property adjacent to the St. John's Landing
Subdivision. The City Agrees that said buffering mayor may not include a retention pond,
and that the widtl, of the Cross Seminole Trail running along the common boundary with St.
Johns Landing Subdivision may be counted toward meeting the fifty (50') foot buffer
requirement. The applicable building set-back line along the common boundary with St.
John's Landing Subdivision will be the southern edge of the buffer.
In addition, Schrimsher agrees to design, penuit, and construct a six (6) foot concrete
block or brick wall (the "Wall") on Schrimsher Property (or on property within S1. John's
Landing Subdivision if approved by the owners of the applicable lots within St. John's
Landing Subdivision) in connection with any commercial or multi-family development
adjacent to the developable lots within the 51. John's Landing Subdivision along or near the
current perimeter of the Schrimsher Property, provided said W 0.11 is required by the City
Code. To the extent a Wall is required, the maximum length of the Wall shall commence
at the Tuskawilla Road right-of-way and s\lall extend to and lenninate at the southeastern
comer of the eastern-most developable lot contiguous to the common boundary between St.
JohnB Lauding Subdivision and the Schrimsher Property. No portion ofthe Wall will be
required adjacent to any retention pond within the S1. Johns Landing Subdivision.
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Schrimsher agrees that individual lot owners within St. Johns Landing Subdivision
will be allowed to install one (1) gate (not greater than four (41) feet in width) per
developable lot, in the Wall to provide access to and from their lot and the Cross Seminole
Trail and/or Town Center provided (i) the individual lot owner must install and maintain the
gate at the lot owner's expense, (ii) the gate shall open toward the applicable lot within St.
John's Landing Subdivision, ami(iii) the style of the gate shall otherwise be subject to the
reasonable written approval of both Schrimsher and the City, which shall not be
unrensonablywithheld or delayed, and (iv) the iDdividu.~llot own~r mu~t a~rc~ in wrltln!!
yillli~_w~.AAJruitr\Jm~ut _0 h91~ the City. ScbrlmsheL~~noIe Countv ond the
State ofFlorlc}ll }111rml~s from Qnv loss, cJnirrh..d..l},!J1~r expenses allsociated with or
rc~ultin!! from the in!ltl!!ltill9.'P~rJ.~istence oJ tpuate.
XII. Interior Buffer Walls and Fences.
Unless waived by the Development Review Committee and the City Commission,
buffer walls or fences will be required in Town Center between single family or multi-family
residential developments on one side and loading docks, service areas and trash disposal
facilities associated with commercial development on the other side. Otherwise, buffer walls
and fences separating different types of land uses will be allowed but not required within the
interior portion of the Town Center District.
XIII. Wetlllnd Delineation ofWetlsnd Park.
The parties acknowledge that Schrimsher has previously obtained from the U.S.
Anny Corp of Engineers and provided to the City a copy ofa delineation of the jurisdictional
wetland boundaries on the Schrimsher Property and that the parties have utilized such
wetland delineation to amend the Wetland Park boundary. Neither party warrants the
accuracy of such delineation and any further change in the delineation shall not result in
Schrimsher being required to convey any additional lands to the City or require the City to
reconvey to Schrimsher any portion of Wetland Park.
XIV. C'-58!! Semhl61e Trl\il Street Enst./West CrO!i8rong.~~~!ll,
Schrimsher agrees that the Cross 8ominolc Tntil Street ,RastlWest. Crossroad
Sc~ment will be located on Schrimsher Property as generally depicted on Exhibit "A".
However, Schrimsl1er may relocate the Crogg Seminole Trail Streot East/West Crossroad
Sel!ment to the South (toward State Road 434) a maximum distance of 100 feet from the
location depicted on Exhibit "A". Schrimsher may also make minor adjustments to the
location of the Cress Seminele Trail Street EnstfWest Cro!inolld Se~mrn1 in order to
straighten the Cress Se.minele Trail8trcct East/West Crossroad Scem...mt or to provide for
a more favorable site line and/or curvatures ofthe Cross Scmine]c Trail Street. If the Crass
Scmioole Tmil St:reet EastJWest Crossroad Seel1).ent. If th....~,Ji:J)st/WClit Crossroa.d
See;menj is relocated or adjusted, Small Neighborhood Squares #4 and #5 shall maintain
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their relative locations with access to and alignment with the layout of the Cross Seminale
Trflil Street E~j~t Cro"$rQIHJ Seement subject to the possibility of being relocated as
provided in Article IV(b). Because the Cross Seminole Trail will not be running along the
Cross SemiMle Trail Street EastIWesf Cro~$fQnd Sel!l!!.~m, the right-of-way for €ross
Seminole Trai+StreeHh1ill-bc reduced from 78 feet to ,EastlWcJ'~tJd:OJtU'oRd.fu}ement sh.@..U
be 60 feet in width, sitnilar .!l!~cordin2 to the design of a Town Center Street and the location
and shape of Small Neighborhood Squares #4 and 5 shall shift accordingly.
XV. Spine Road TrRffl~ Sll:nnl.
In conjunction with the construction of the Spine Road north or south of State Road
434, the City will cooperate with the Florida Department of Transportation and Schrimsher
in any proposal to install a traffic signal at the intersection ofthe Spine Road and State Road
434 and to install a median break within State Road 434 approximately midway between the
intersections at Tuskawilla Road and the Spine Road. Nothing herein is intended to obligate
the City to contribute any funds toward the cost of the traffic signal or median cut.
XVI. Connection to Tuskawilla Road.
The City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit,
a.nd construct a road along the existing right-of-way behind the "Mobil Service Station"
currently on the c.orner of State Road 434 and Tuskawilla Road, which mayor may not be
designed to connect Tuskawilla Road with a frontage road south of State Road 434,
However, the design, permitting, and construction of said road shall be consistent with the
City Code, subject to site plan review and approval by the City, and at Schrimsher's sole cost
and expense.
XVII. Greenspnce ~nd Open Space Requirements: Landscaptne Requirements. Both
parties agree that there are no minimum greenspace or open space requirements within the
Town Center District. However, Schrimsher agrees to comply with the landscaping
requirements witllin the Town Center District as set forth in the Town Center District Code.
XVIII. Diat:rams!"IIlustrative Purposes Onlv".
Except for Wetland Park, Magnolia Park, the Small Neighborhood Squares (#+; 2,
~ 4 and 5), Lake Trail Park, Cross Seminole Trail, the Cregg Seminale Trail Street
Ea!iVWest C~ossroad See;ment, Main Street Improvements, and Spine Road, which are
. expressly agreed to by Scluimsher and City pursuant to this Agreement (subject to applicable
relocation provisions set forth herein), the City hereby acknowledges that all diagrams and
graphics within the Town Center Plan and the Town Center District Code, which are
depicted on Schrimsher Property, are for "illustrative purposes on ly" and are intended only
to illustrate the intent and concepts of the Town Center District Code.
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XIX. 'Periodic Review.
This Agreement shall be subject to periodic review by the panies. Periodically, City
and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under
this Agreement and whether any amendments should be made to this Agreement in
furtherance of each others mutual interests. Additionally, during said review, thepmies may
discuss proposing amendments to the Town Center District Code which may be needed to
promote the public's interest in creating an economically viable Town Center, Nothing in
this Agreement shall preclude Schrimsher from exercising its right to seek an amendment
to the land use designation or zoning of the Schrimsher Property.
XX. Cooperation.
Schrimsher and the City shall cooperate fully with each oiller to effectuate the terms,
conditions and intentions of this Agreement.
XXI. Authority.
Each party hereby represents and warrants to the other that they have full power and
authori ty to enter into this Agreement. Schrimsher also represents that all legal and equitable
title to the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher
is duly authorized to bind the Schrimsher Property to the terms and conditions contained in
this Agreement. City also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the City shall
constitute the final action of the City.
XXII. Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and shall
be deemed to be delivered when: (n) hand delivered to the official hereinafter designated, or
(b) upon receipt of such notice, when deposited in the United States mail, postage prepaid,
certified or registered mail, return receipt requested, or (c) one day after deposit with a
nationally recognized overnight courier serviCe, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at tho other address as specified below or from time
to time by written notice to the other party delivered in accordance herewith.
Schrimsher: Schrimsher Land Fund 1986 - II, V & VI, Ltd.
c/o Michael A. Schrimsher
Schrimsher Properties
600 E, Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: 407/423/7600
Fax: 407/648/9230
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With Copy
to:
City:
With Copy
to:
XXIII. Defaults.
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Michael J. Grindstaff, Esquire
Shutts & Bowen LLP
20 N, Orange Avenue, Suite 1000
Orlando, Florida 32801
Phone: 407/423/3200
Fax: 407/425/8316
Ronald W, McLemore
Ci ty Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
Fax: 407/327/4753
Anthony A. Garganese
City Attorney of Winter Springs
Amari & Theriac, P,A.
96 Willard Street, Suite 302
Cocoa, Florida 32922
Phone: (407) 639-1320
Fax: (407) 639-6690
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are
available to it under Florida law or equity including, without limitation, an action for specific
perfonnance and/or injunctive relief. Prior to any party filing any action as a result of a
default under this Agreement, the nondefaulting 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 ofthe nondefaulting party prior to filing said action. The prevailing party in any
litigation arising under this Agreement shall be entitled to recover its reasonable attorney's
fees and costs. whether incurred at trial or appeal.
XXIV. SlJccc~~ors and Assiens.
This Agreement shall automatically be binding upon and shall inure to tile benefit of
the successors and assigns of each of the parties.
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XXV. Appllcnble Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
XXVI. Amendments.
This Agreement shall not be modified or amended except by written agreement duly
executed by both parties hereto,
XXVII. Entire Aereement
This Agreement supersedes any other agreement, oral or written, and contains the
entire agreement between the City and Schrimsher as to the subject matter hereof.
XXVIII. Severability.
If any provision ofthis 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 o[this Agreement.
XXIX. Effective Date.
This Agreement shall become effective upon approval by the City Commission of
Winter Springs and execution ofthi5 Agreement by both parties.
XXX. Recordntion.
Within sixty (60) days following the effective date hereof, a short form memorandum
of this Agreement signed by both the City and Schrimsher shall be recorded in the public
records of Seminole County, Florida and shall run with the Schrimsher Property. The
memorandum shall include the legal description ofthereal property described in Exhibit B-1
(the "Schrimsher Property") and .Exhibit D 2 (the property ov.'ucd by Sehrimsher-thet i 3 not
mchukd in the Tawn Ceftte:r Dish.jet} 61itl shall otherwise be in a fonn mutually acceptable
to the City and Schrimsher,
XXXI. RelatlQn~hlp of the Parties.
TIle relationship ofthe parties to this Agreement is contractual and Schrimsher 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.
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XXXII. So'Verei~n Immunity..!
Nothing contained in this Agreement shall be construed as El. waiver of the City's right
to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the
City's potential liability under state and federal law.
XXXIII. City's Police Power.
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.
XXXIV. 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 peliod ("Time Period") constitutes a
default under the tenns ofthia Agreement and, ifany such failure is due to any unforeseeable
or unpredictable event or condition beyond the control of such party, including, but not
limited 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 Dr
materials, injunction or other court proceedings beyond the control of such party, or severe
adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision
of this Agreement to the contrary, that failure shall not constitute a default lUlder 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 Uncontrollable Event.
XXXV. Interpretation.
The parties hereby agree and acknowledge that they have both participated equally
in the drafting ofthis Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
XXXVI. Permits.
The failureofthis Agreement to address any particular City, county, state, and federal
penn it, condition, tenn, or restriction shall not relieve Schrimsher or the City o [the necessity
of complying with the law governing said pennitting requirements, conditions, term, or
restriction.
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XXXVII. Third Party Riehts.
This Agreement is not u third party beneficiary contract and shall not in any way
whatsoever create any rights on behalf of any third party.
XXXVIIl. Counterparts.
This Agreement may be executed in any number of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
XXXIX. State Gnnt.
The parties acknowledge that the City has filed a grant application to the State of
Florida for the purpose of obtaining grant funds to allow the State of Florida to purchase
Magnolia Park and Wetland Park. Schrimsher agrees to reasonably cooperate to allow the
City to obtain said grant funds and ifsaid grant funds are obtained, Schrimsher and the City
agree that said grant funds shall be expended in a manner mutually acceptable to both parties
to benefit the Schrimsher Property and the Town Center District (i.e., Magnolia Park and
Wetland Park and Cross ~ Seminole Trail Improvements), Provided, however, in no
event shall Schrimsher be required to convey Magnolia Park or Wetland Park directly to the
State of Florida nor are the City's and Schrimsher's Obligations hereunder in any way
contingent upon the success or failure of the City obtaining such grant funds (specifically,
including, without limitation, the City's obligations set forth in Article V hereunder and
Schrimsher's Obligations set forth in Article IV hereunder).
XL. ConveYl\nces bv Schrimsher.
All real property conveyances made by Schrimsher to the City pursuant to this
Agreement shall be made by special warranty deed and free of all mortgages, liens, and other
encumbrances.
XLI. Declaration of the Cltv Commission of WiTlter Sprin2s.
The City Commission of the Ci ty of Winter Springs hereby finds that this Agreement
is consistent with the City's Comprehensive Plan and land development regulations and is
a legislative act of the City Commission of the City. The City_Commission further finds
that this Agreement promotes the public health, safety, and welfare and is consistent with,
and Elll exercise of, the City's powers under the Mtmicipal Home Rule Powers Act, as
provided in s. 2(b), Article VIII of the Florida Constitution and chapter 166.021, Florida
Statutes and the City's police powers. To the extent there are any conflicts between the
provisions of the Town Center District Code and this Agreement, the provision of this
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Agreement shall control as if approved by the Cily Commission as a special exception
pursuant to the Town Center District Code.
XLII. BiIlboar~.
As ofthe effective date of this Agreement, Schrimsher has two billboards locatco on
real property within the City of Winter Springs which may remain in their existing locations
until such times as they are required to be dismantled and permanently removed pursuant to
this Agreement. One billboard is located on the Schrimsher Property (i.e., within Town
Center) on the south side of State Road 434 and the other is located east of Town Center on
the north side of State Road 434. Schrimsher agrees to completely dismantle and remove
each particular billboard at such time as a certificate of occupancy is issued by the City for
a vertical structure (other than the Cross Seminole Trail Bridge) that is within a four hundred
foot (400') radius ofthe applicable billboard. The dismantling and removal ofthe billboards
shall be determined on an individual basis and the radius test shall only apply to development
that occurs on the same side of State Road 434 that the billboard is located.
XLIII. Wetlnnd Mitieation.
The City acknowledges Schrimsher's right to impact the wetlands generally located
within one thousand two hundred (1,200') feet on the north side of State Road 434 and within
six hundred (600') feet on the south side of Stnte Road 434 in the southeastern portion of
Town Center, provided that Schrimsher complies with all applicable governmental
requirements. Furthennore, the City acknowledges that Schrimsher shall have the right to
utilize other wetlands located within Town Center for the purpose of satisfying "wetland
mitigation" requirements related to one or more developments located outside of Town
Center.
XLIV. Land Use Percentaees
The City agrees that the Schrimsher Property will be entitled to the same minimum
mix of land use percentages as set forth in the City's Comprehensive Plan f!lr_1h.~_IQ~n
Center District.
XLV. Continuation of Aericnltural Classification
The City acknowledges that Schrimsher may continue. to use all or a portion of the
Schrimsher Property for cattle farming operations (excluding beef processing), citms
fanning, silviculture/tree-farming or plant nursery purposes until such time as all of the
Schrimsher Property is developed in accordance with a City-approved development.
Nothing in the Town Center District Code is intended to impair or negate Schrimsher'S
existing "agricultural classification" (for ad valorem tax purposes) as long as and to the
extent that Schrimsher maintains a bona fide agricultural operation on the Schrimsher
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Property in ac.cordance with all applicable laws. The City further acknowledges that
Schrimsher may maintain, replace, relocate and erect barbed wire, plain wire mesh or other
types of fencing in connection with Schrimsher's agricultural uses and the relocation of the
Cross Seminole Trail or the development of less than all of the Schrimsher Property.
IN WITNESS WHEREOF, Schrimsher and the City have executed this Agreement
in fonn sufficient to bind them as of the day and year first above written.
"SCHIUMSHER"
SCHRIMSHER LAND FUND 1986-11,
LTD., a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:
Michael A. Schrimsher,
Vice President
SCHRIMSHER LAND FUND V, LTD.,
a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:
Michael A. Schrimsher,
Vice President
SCHRIMSHER LAND FUND VI,
LTD., a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:
Michael A. Schrimsher,
Vice President
WITNESSES:
Print Name:
Print Name:
WITNESSES:
Print Name:
Print Name:
WITNESSES:
Print Name:
Print Name:
ORLDOCS 100142B3,10!lAM
Page 20 of 23
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SHUTTS & BO\\'E~
CITY OF WINTER SPRINGS
a Florida Municipal Corporation
By:
ORLOOCS 10014263,10 &AM
MAY-26-2000 15:48
WITNESSES:
Print Name:
Print Name:
Page 21 of 23
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SHUTTS & BOWE~
EXHIBIT LIST
Subiect
Reference in Agreement
Exhibit .'A" JlollO&3ry M3P(GenerlJll}~miml
:EastlWest Cros~rolld See;m~JJt Der. II..r)
East Mllrket SqlHlre Parcel Cross Seminole Trail Street Def. lId)
Lake Trail Parle Def. II.e)
Magnolia Park Def. l1.f)
Main Street Improvement Area Def.ILg)
Rustic Residential Property Def. II,h)
Schrimsher Property Def. ILi)
I:xdudcd Schrimsher Property Def. II.j)
Spine Road Def ILk)
Town Center Plan Def. ILl)
Town Center District Def. ILm)
Town Center District Code Def. U,n)
Wetland Park Def. II.o)
Recordable Short Form Memo Article XXX
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SHUTTS & BOWE~
__________________ COMPARISON OF FOOTERS ------------------
-FOOTER 1-
ORLDOCS 10014263.9 LKF }0014263.l0 QAM
OFlLDOCS 10014283.10 BAM
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1... NEIGHBORHOOD PARKS
@ o.~ti AC 0 0,1-2 AC
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PAVED TRAIL
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c. Squares, Parks and Streets Map
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approved developments and refinements due
to additional information, Such updates shall
be agreed upon by both the DRC and affected
property owners nnd are subject to final
approval by the City Commission after
a ropriate review ,h.Y 9~ff.
Town Center District Code
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TRAIL ACCESS LANE
EXISTING TRAIL ALIGNMENT
UNPAVED TRAIL
PAVED TRAIL
SPINE ROAD (COLLECTOR)
EDGE DRIVE
EAST/WEST CROSSROAD SEGMENT
MAIN STREET
NEIGHBORHOOD PARKS
(]) 0.45 AC 0 0.42 AC
Q) 0.44 AC @ 0.44 AC
LAKE TRAIL PARK 0 0.85 AC _
MAGNOLIA PARK
(2) 0.64 AC to 0.79 AC
WETLANDS PARK
@ 22.33 Acres
6/2/2000
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EXHIBIT
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AGREEMENT
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An Agreement made and entered into thi~ day. of _' 2000 by and among
Schrimsher Land Fund 1986 - II, Ltd., Schrimsher Land Fund V, Ltd., and Schrimsher Land
Fund VI, Ltd., herein referred to as "Schrimsher" and the City of Winter Springs, a municipal
corporation existing under the laws of the State of Florida herein referred to as "City".
RECITALS
1. WHEREAS, Section 163.3167, Florida Statutes provides that each local government
is encouraged to articulate a vision of the future physical appearance and qualities of its
community as a component ofthe local comprehensive plan through a collaborative planning
process with meaningful public participation, and
2. WHEREAS, the City completed a comprehensive planning study, with extensive
public participation from local residents and local, county, and state officials, which resulted
in the adoption of the Winter Springs Town Center Plan, and
3 . WHEREAS, Schrimsher owns land located within the boundaries of the City of
Winter Springs Town Center, and
4-. WHEREAS, Schrimsher and City desire to memorialize their understandings and
agreement regarding their respective interests, expectations, and intentions contained in this
Agreement regarding the Town Center.
NOW THEREFORE in consideration of the terms and condition set forth in this
Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and Schrimsher agree to the following: .
I. Incorporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated hereiri
by this reference as a material part of this Agreement.
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II. Definitions.
Unless the context clearly indicates otherwise, the following words and phrases when
used in this Agreement shall have the meaning ascribed below:
a) "City" shall mean the City of Winter Springs, a Florida municipal corporation.
b) "City Code" shall mean the City Code of the City of Winter Springs, Florida.
c) "East/West Crossroad Segment" shall mean that segment of a roadway
(formerly known as "Cross Seminole Trail Street") to be located upon the Schrimsher
Property in a location generally depicted in the boundary map attached hereto as Exhibit "A",
. which is hereby fully incorporated herein by this reference.
d) "East Market Square Parcel" shall mean that portion of Schrimsher Property
more particularly described in the boundary map attached hereto as Exhibit "A" which is
hereby fully incorporated herei~ by this reference. The East Market Square Parcel shall be
approximately eight and 25/1 OOths (8;25) acres in size;
e) "Lake Trail Park" shall mean that portion of Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit" A" which is hereby
fully incorporated herein by this reference. Lake Trail Park shall (i) not be less than 0.85
acres in size (ii) have no less than three hundred (300) feet ofroad frontage on its western
boundary, (iii) be contiguous to either a City approved Schrimsher development or a
retention pond on its northern boundary and (iv) be contiguous to the unpaved portion ofthe
Cross Seminole Trail on its eastern boundary.
f) "Magnolia Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference. Magnolia Park shall consist of not less than
sixty-four/one hundredths (0.64) acres and not more than seventy-nine/one hundredths (0.79)
acres as depicted on Exhibit "AU unless another configuration is agreed upon by the parties
in writing; provided, however, to the extent that Magnolia Park is less than seventy-nine/one
hundredths (0.79) acres, Schrimsher agrees that such difference (i.e., not to exceed
fifteen/one hundredths (0.15) of an acre) shall be added to one or more ofthe following parks
as mutually agreed to by the parties: Lake Trail Park, Wetland Park or any of the Small
Neighborhood Squares (#2, 3, 4 or 5).
g) "Main Street Improvemen~" shall mean that portion of Tuskawilla Road
described as Main Street on the Town Center District Code and located from State Road 434'
to Magnolia Park (including pavement, curbs and gutters, and stomlwater facilities); as more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by thi's reference.
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11) "Rustic Rcsidcntial Propcrty" shall mean the real propel1y owned by
Schrimsher which currently has a rustic residential future land use designation on the City's
Future Land Use Map.
i) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, L TO., Schrimsher
Land Fund V, LTD, and SchrimsherLand Fund VI, LTD, collectively and individually.
j) "Schrimsher Property" shall mean the real property owned by Schrimsher and
located in the Town Center District, as mo~e particularly described in Exhibit "B" which is
hereby fully incorporated herein by this reference.
k) "Spine Road" shall mean the proposed collector road traversing Schrimsher
Property and running from State Road 434 to Tuskawilla Road (including pavement, curbs
and gutters, and stormwater facilities). Said road shall also run adjacent to Wetland Park as
a single-loaded road. Spine Road will run as close as practicable to the Wetland Park in
order to reduce the amount of isolated uplands between Spine Road and Wetland Park. The
location of Spine Road is generally depicted in the sketch attached hereto as Exhibit "A"
which is hereby fully incorporated herein by this reference.
1) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs
Town Center Master Plan", 'prepared by Dover, Kohl & Partners, dated March 23, 1998, a
copy of which is attached hereto as Exhibit "c" and hereby fully incorporated herein by this
reference.
m) "Town Center District" shall mean the town center area located in the City of
Winter Springs that is depicted in the attached Exhibit "D" which is hereby fully
incorporated herein by this reference,
n). "Town Center District Code" shall mean the town center zoning district code
adopted by the City Commission of Winter Springs on June 12, 2000, which is attached
hereto as Exhibit "E" and hereby fully incorporated herein by this reference.
0) "Wetland Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference. Wetland Park shall consist of not less than
twenty-two and 33/100ths (22.33) acres as generally depicted on Exhibit "A" with.lhe.
understanding that the actual configuration of Wetland Park may be adjusted depending upon
the actual location of Spine Road and the actual location of the Cross Seminole Trail.
O~LOOCS '00142&3.12 LKF
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III. Trail Rcali~nmcllt.
A portion of the Schrimsher Property is presently encumbered by the fomler CSX
railroad line now owned by the Board of Trustees of the Intemallmprovement Fund of the
State of Florida and which is intended to be improved and converted to a public nature and
recreational trail ("Cross Seminole Trail"). To enhance the location of the Cross Seminole
Trail, for trail users and to incorporate the Cross Seminole Trail into the Town Center, as
well asaccommodate a more orderly development of the Schrimsher Property, the City and
Schrimsher agree as follows:
a) For purposes of realigning the Cross Seminole Trail in accordance with the Town
Center Plan, Schrimsher (in exchange for' receiving fee-simple ownership ofa portion ofthe
current alignment ofthe Cross SeminoleTrail consisting of approximately 4.2 acres) agrees
to donate property located within the boundaries of the Schrimsher Property, as generally
depicted on Exhibit "A" attached hereto, to the State of Florida in accordance with rules and
procedures of the Florida Office of Greenways and Trails ("FOG&T"). Provided, however,
the City acknowledges that the unpaved portion of the Cross Seminole Trail traversing the
easterly and northerly portion of the Schrimsher Property shall be located adjacent to or as
close as practicable to the contiguous wetlands (lying easterly and northerly of the
Schrimsher Property) in order to minimize the amount of isolated uplands (i.e., non-
wetlands) located between the unpaved portion of the Cross Seminole Trail and such
wetlands (the "Isolated Uplands;'). The City acknowledges that any such Isolated Uplands
may be included in the land exchange with the State of Florida to meet the "2 to I" ratio
exchange requirement of the FOG&T if allowed by the FOG&T. The City also agrees not
to oppose any further minor modifications to the alignment of the Cross Seminole Trail
located within the Schrimsher Property provided such minor modifications are approved in
writing by the FOG&T and do not materially adversely affect the intent and concepts ofthe .
Town Center District Code and the minor modifications are consistent with the terms and
condi.tions of this Agreement.
The City agrees to diligently pursue ,the appropriate approvals to vacate or otherwise
utilize that part of the current alignment of Cross Seminole Trail lying south of Magnolia
Park and westerly of Wetland Park for the Trail Access Lane portion of Edge Drive and/or
parking purposes; and Schrimsher agrees to support and not oppose such effort on the part
of the City. Ift~e City is unsuccessfjJI in such effort then the City and Scluimsher agree.to
revisit and review the location ofthe Trail Access Lane portion of Edge Drive and/or parking
with the intention of relocating or redesigning such improvements in a fashion that is
mutually acceptable to the City and Schrimsher.
lfthe City elects to seek the appropriate approvals to vacate or otherwise utilize for
any purpose permitted under the Town Center District Code any pal1 of that portion of the
current alignment of Cross Seminole Trail lying cast of and contiguous to Magnolia Park
(between Magnolia Park and Wetland Park), Schrimsher agrees to support and not oppose
OJ"lLOOCS 100 l' 2GJ. 12 LKF
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/.
. . .
such effort on the part of the City. Likewise, if Schrimsher elects to seek the appropriate
approvals to vacate or otherwise utilize for any purpose permitteclunder the Town Center
District Code, any part of the current alignlllent of Cross Seminole Trail lying north of
Magnolia Park and westerly of Wetland Park, the City agrees to support and 110t oppose such
effort on the part of Schrimsher.
Schrimsher and the City also agree that the east-west section of the paved portion of
the Cross Seminole Trail may be located on the northern side of Edge Drive (as generally
depicted on Exhibit "A" attached hereto) so long as the Cross Seminole Trail does not reduce
the width of Edge Drive.
b) At the time Schrimsher donates such property located within the boundaries of
the Schrimsher Property, Schrimsher shall reserve (i) perpetual easements for roadways,
walkways and utility purposes (including, without limitation, sewer, water, drainage, natural
gas, cable, electricity and telephone) (the "Ro.adwayfUtility Easements"), crossing over and
under the Cross Seminole Trail at the locations generally depicted on Exhibit "A" where
roadways, walkways and/or utilities overlap or intersect with the Cross-Seminole Trai I; and
(ii) a fifteen foot (15') temporary construction and a five foot (5') perpetual maintenance
easement for construction and maintenance of the Wall defined in Article XI below (the
"Wall Easements"). Schrimsher agrees to dedicate such RoadwayfUtility Easements to the
City in connection with the construction and msfa.1lalion UfSUCh roadways and utIlIties. The
Roadway Utility Easements dedicated to the City shall be in a form acceptable to the City.
c) Upon execution hereof, the City shall, at its expense, promptly commence and
diligently pursue the completion of the desi n, engln~ering, , permitting, surveying and
construction of that ortion of the Cross e . '1 whlc IS ocated on the property to
be donate y c 'msher. T e surve shall inc de sketches and Ie al descri tions of e
locations for the RoadwayfUtility Easements and the Wall Easements. Upon completion of
construction of that portion of the Cross Seminole Trail located upon the Schrimsher
Property, the City allees to maintain such portion of the Cross Semin~ Trail and, to the
extent permitted by law, to indemnify and hold Schrimsher and Schrimsher Property
harmless against any loss, damage, liens or expenses, associated with or resulting from the
City's design, engineering, permitting, surveying, constructing and maintaining the Cross
Seminole Trail. The City will coordinate with Schrimsher to identify the location of the
RoadwaylUtility Easements and the Wall Easements.
City agrees that Schrimsher's engineers (who shall be qualified and experienced in
roadway and/or "trail" engineering and permitting) and surveyors will be able to review and
provide input into the design, surveying and permitting process for that portion ofthe Cross
Seminole Trail located within the Schrimsher Property; and that any and all surveys and
related applications and/or submittals to all applicable governmental agencies that may affect
Schrimsher Property will'be subject to the reasonable and timely review by Schrimsher's
ORLOOCS I00142G3.\2 LKF
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Page 5 of 22
engineers and surveyors. Schrimsher's engineers and surveyors shall complete said review
and provide any such input pursuant to the City's reasonable time schedule.
d) City and Schrimsher agree to cooperate with each other, Seminole County, the
Florida Department of Environmental Protection and all other necessary governmental
agencies and interest groups to effectuate the Cross Seminole Trail realignment on
Schrimsher Property.
IV. Conveyances from Schrimsher to the City.
a) Schrimsher agrees that at such time as the City obtains all pern1its necessary to
construct, install, and extend (i.e., "stub-in") the sewer and water facilities to the Schrimsher
Property as required in Article V b) below, Schrimsher will convey to the City fee simple
title to Magnolia Park and Wetland Park.
b) Schrimsher also agrees to convey to the City the Small Neighborhood Squares
(#2, 3,4, and 5), as generally depicted on Exhibit "A", unless said Squares are substituted
by special exception granted by the City Commission of Winter Springs. Special exceptions
will not be unreasonably withheld by the City, provided the substituted Small Neighborhood
Square is of equal or better value than what is proposed in the Town Center District Code
with respect to property value and design. Small Neighborhood Square #5 shall be a
minimum of point forty-four (.44) acres. Small Neighborhood Square #4 shall be a
minimum of point forty-two (.42) acres. Small Neighborhood Square #3 shall be a minimum
of point forty-four (.44) acres. Small Neighborhood Square #2 shall be a minimum of point
forty-five (.45) acres. These minimum acreages of the Small Neighborhood Squares #5, 4,
3 and 2 include all rights-of-way around the perimeter of each Small Neighborhood Square
as depicted on Exhibit "A". In addition, Schrimsher shall also have the right to relocate
Small Neighborhood Square #2 and 3 a maximum distance of250 feet in any direction from
the location depicted on Exhibit "A"; Small Neighborhood Squares #4 and #5 may be
relocated a maximum distance of250.00 feet to the east or west, and to the south as part of
any relocation or adjustment ofEastlWest Crossroad Segment pursuant to Article XIV ofthis
Agreement. Any relocated Small Neighborhood Square shall ,be located on Schrimsher
Property and shall not overlap another Small Neighborhood Square, Lake Trail Park,
Wetland Park, Spine Road, Edge Drive, East/West Crossroad Segment, the Cross Seminole
Trail or any other then existing park or right-of-way. The distance shall be measured
beginning from the boundary ofthe subject Small Neighborhood Square that is closest to th.e
direction in which said Square is relocating. The conveyances of the Small Neighborhood
Squares shall occur at such time, and as part of, a City approved Schrimsher development
adjacent to the applicable Small Neighborhood Square.
c) Schrimsher also agrees to convey Lake Trail Park to the City at the time of the
later to occur of the construction of (i) either a City approved Schrimsher development or a
retention ponel adjacent to the north of Lake Trail Park or (ii) the road adjacent to the
onLOOCS 10014263.12 LKr-
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weslem boundary of Lake Trail Park or (iii) the unpaved portion 0 fthe Cross Sem i noIe Trai I
on the eastem boundary of Lake Trail Park.
d) Schrimsher agrecs to convcy rights of way and eascments and improvemcnts to
rights of way and easements similar to those depictcd in the Town Center District Code and
located on Schrimsher Property at such time, and as part of a City approved Schrimsher
development, in a manner in which similar conveyances are requircd in connection with
similar developments within the City.
e) Except for the conveyances froin Schrimsher to the City so described in this
Article IV (i.e. Wetland Park; Magnolia Park; Small Neighborhood Squares #2,3,4 and 5
and Lake Trail Park), Schrimsher shall have no further obligation to convey to the City any
property for park, open space or green space purposes.
f) Schrimsher shall not make any claims for extraordinary excess development costs
for single-loaded roads traversing Schrimsher Property in accordance with this Agreement
and the Town Center District Code.
V. City Oblieations.
In consideration of Schrimsher (i) conveying to the City Magnolia Park and Wetland
Park, as described in Article IV(a), (ii) conveying to the City the Small Neighborhood
Squares, Lake Trail Park, rights of way, easements, and improvements to said rights of way
and easements as described in Article IV(b), (c) and (d), (iii) not making any claim for
single-loaded road as described in Article IV(f), and (iv) agreeing to the terms and conditions
contained in this Agreement, the City, at its expense, agrees to do the following:
a) Within eighteen (18) months from the effective date ofthis Agreement, extend and
connect (i.e., "stub in") City water distribution and sewer collection facilities to the
boundaries of Schrimsher Property in sufficient capacity to reasonably accommodate and
guarantee the level of service capacity required for the Town Center and Schrimsher
Property. Except as provided in Article V(c) and V(d) below relating to Spine Road and
Main Street Improvements, the City shall not be required to extend either sewer or water
facilities into the interior portion of the Schrimsher Property unless agreed upon in future
written developer agreements. The City also guarantees sufficient capacity within the sewer
and water treatment plants to reasonably accommodate and guarantee the level of servi~.e
required for the Town Center and Schrimsher Property. The City also agrees that no special
City water or sewer connection charge or assessment will be applied to Schrimsher Property
for purposes of reimbursing the City for the expense of extending and connecting the City's'
water distribution and sewer collection facilities to Schrimsher's Property as described
above; 'provided, however, individual users within the Schrimsher Property may be charged
the same normal and regular "City-wide" connection fee that is customarily charged to all
ORLDOCS 10014263.12 LKF
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Page 7 of 22 .
i
L
other indivielualusers withillll1c City f'orconllecting into ;\IHlutilizillg the "City-wiele" water
and sewer capacity.
b) Promptly commence allel within six (6) Illonths following the elate of this
Agreement, submit an application to acquire a Master Stormwatcr Management Permit from
the St. John's Water Management District for the Town Center and expedite to the fullest
extent possible completion of the master stormwater permitting within the Town Center and
Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and
experienced in stormwater engineering and pemlilting) will be able to provide input into the
design and permitting process for the Master Stormwater Management Pemlit and that any
and all related applications and/or submittals to all applicable governmental agencies that
may affect Schrimsher Property will be subject to reasonable and timely review and approval
by Schrimsher's engineers. Schrimsher's engineers shall complete said review pursuant to
the City's reasonable time schedule and shall not unreasonably withhold said approval. In
no event will the Schrimsher Property be required to accommodate a disproportionate
area/acreage of retention ponds or amount (i.e., volume or rate) of the stormwater gener~ted
in Town Center unless otherwise agreed to by Schrimsher in writing.
c) Designate Spine Road a City collector road and process an amendment to the
City's Comprehensive Plan, Traffic Circulation Element, to so designate. City also agrees,
at its expense, to begin designing, engineering, surveying and permitting Spine Road upon
the effective date of this Agreement; and the City agrees to commence good faith
construction Sine Road within two (2) years from said effective date and to diligently
pursue completion of such construction. c 'msher agrees that City shall have the right of
entry and ingress and egress to and from Schrimsher Property for purposes of designing,
engineering, permitting, surveying and constructing Spine Road, and, in such event, the City
agrees, to the extent permitted by law, to indemnify and hold Schrimsher and the Schrimsher
Property harmless against any loss, damage, liens or expenses associated with or resulting
from the City designing, engineering, permitting, surveying and constructing of Spine Road.
However, if Schrimsher desires to construct Spine Road in accordance with the Town Center
District Code, prior to the City's schedule for said construction provided herein, Schrimsher
may design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense.
Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then
be eligible for and receive in connection with the development of the Schrimsher Property
transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for
desi nin en' eering, permitting, surveying and construction of the Spine Road .
costs shall be deemed to be for non-site-re ate Improvemen s. ccrued credits shall he
applied to the development of Schrimsher Property. Regardless of which party constructs
Spine Road, the City, at its expense and concurrently with the construction of Spine Road,
agrees to design, permit, and construct water and sewer utilities for Spine Road required for'
the Town Center and Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall
convey the right of way for Spine Road to the City at such time as the City has obtained all
ORLOOCS 10014263.12 LKF
0611 2/00
Page 8 of 22
necessary permits for the City to construct Spine Road or at such time that Schrimsher has
completed construction of Spine Road, whichever occurs first.
City agrees that Schrimsher's engineers (who shall be qualified and experienced in
roadway and water and sewer utilities engineering and pennitting) will be able to r:eview and
provide input into the design and permitting process for Spine Road and the Spine Road
Utilities; and that any and all related applications and/or submittals to all applicable
governmental agencies that may affect Schrimsher Property will be subject to the reasonable
and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said
review and provide any such input pursuant to the City's reasonable time schedule.
If the City adopts a traffic concurrency management ordinance, the City agrees to
favorably consider the allocation of reasonably sufficient traffic capacity to Town Center
and/or appropriate levels of service to accommodate the development of Town Center as
anticipated in the Town Center District Code.
d) Designate that portion of Tuskawilla Road between State Road 434 and Spine
Road a City collector road and process an amendment to the City's Comprehensive Plan,
Traffic Circulation Element, to so designate. The City also agrees, at its expense, to design,
engineer, permit, survey and construct the Main Street Improvements substantially within
the alignment shown on Exhibit "A". The City also agrees to promptly commence the
design, engineering and permitting within ninety (90) days of the effective date of this
Agreement, exercise their best efforts to commence construction as soon as possible and to
diligently pursue completion of such construction within two (2) years of the effective date
ofthis Agreement. The Main Street Improvements shall be consistent with the Town Center
District Code. Schrimsher agrees to donate and convey to the City eleven (11) feet of right-
of-way in order for the City to expand Main Street to eighty-two (82) feet in width in ,
accordance with the Town Center District Code. The conveyance shall occur at such time
as the City has obtained all permits necessary to construct the Main Street Improvements.t?
Because Schrimsher only owns property on one side of that portion of Tuskawilla Road
described as Main Street, Schrimsher shall only be required to convey the one-half(i.e., not
more than eleven (11) feet wide) of the needed right-of-way which is located on -f
Schrimsher's side of Tuskawilla Road. Schrimsher agrees that City shall have the right of
entry and ingress and egress to and from the Schrimsher Property for purposes of designing,
engineering, permitting, surveying and constructing the Main Street Improvements, and, in
such event, the City agrees, to the extent permitted by law, to indemnify and hold Schrimsher
and the Schrimsher Property harmless against any loss, damage, liens or expenses associated
with or resulting from the City designing, engineering, permitting, surveying and
constructing the Main Street Improvements which costs shall be deemed to be for "non-site--
relate~ improvements". Notwithstanding the aforesaid, if Schrimsher desires to commence
the Main Street Improvements in accordance with the Town Center District Code, prior to
the City's schedule for making said improvements, Schrimsher may design, engineer, permit,
survey, and constmct the Main Street Improvements at Schrimsher's expense and the
ORLDOCS 1oo1426J.12 LK~
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Page 9 of 22'
conveyance shall occur at such time Schrimsher has completed construction of said
improvements. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390,
Schrimsher shall then be eligible far and receive in connection with the development of the
Schrimsher Property transportation impact fee credits in an amount equal to Schrimsher's
reasonable costs for design, engineering, surveying, permitting and construction of the Main
Street Improvements. Accrued credits shall be applied to the development of Schrimsher
Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced
in roadway and water and sewer utilities engineering and permitting) will be able to review
and provide input into the design and permitting process for the Main Street Improvements;
and that any and all related applications and/or submittals to all applicable governmental
agencies that may affect Schrimsher Property will be subject to the reasonable and timely
review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and
provide any such input pursuant to the City's reasonable time schedule.
VI. Inclusion of Property in Town Center District.
Schrimsher consents to the inclusion of the Schrimsher Property into the Town
Center District subject to the terms and conditions hereof.
VII. Adoption of Town Center District Code.
Schrimsher hereby consents to the adoption of the Town Center District Code and
its applicability to the Schrimsher Property subject to the terms and conditions hereof.
VIII. Future Land Use Change.
Schrimsher and the City acknowledge that the future land use designation for the
Schrimsher Property shall be Town Center at such time said designation is approved by the
City. Specifically, and without limitation, the parties intend for the future land use
designation under the City's Comprehensive Plan to be amended to accommodate the Town
Center District Code and to correct the future land use designation of the Rustic Residential
Property (to Town Center) which was inadvertently previously changed by City from
commercial to "rustic residential". The City shall immediately administratively initiate and
diligently process through completion said comprehensive plan amendments and also
effectuate any administrative rezoning necessary to implement the foregoing land' use
change. All future land use changes shall comply with the procedures set forth in chapter
163, Florida Statutes and the City Code of Winter Springs. '.
IX. East Market Square Parcel.
. Provided that the site and building plan are consistent with the City Code and Town
Center District Code, the City agrees and acknowledges that the East Market Square Parcel
will be allowed to have: (i) a grocery store anchor building consisting of approximately
ORLDOCS 10014263.12 LKF
06112/00
Page 10 of 22
45,000 retai I square feet; (ii) up to 45,000 square feet of additional retail square feet; and
(iii) a parking ratio of up to five (5) spaces per 1,000 retail square feel.
x. RctclI tioll POllds.
The retention ponds depicted on the Town Center Plan are meant to be conceptual
and do not necessarily indicate the actual size or location of retention ponds that may be.
required as part of a development project. As part of all Schrimsher development projects
on Schrimsher Property, Schrimsher agrees to provide retention ponds in accordance with
the Master Stonnwater Management Permit (approved by Schrimsher's engineers and
meeting the requirement of Article V(b)) local, state, and federal law and sound engineering
practices.
XI. St. Johns LandinI:?:.
Schrimsher agrees to provide a buffer not less than fifty (50') feet in widthalong-the
northern boundary of the Schrimsher Property adjacent to the St. John's Landing
Subdivision. The City Agrees that said buffering mayor may not include a retention pond,
and that the width of the Cross Seminole Trail running along the common boundary with St.
Johns Landing Subdivision may be counted toward meeting the fifty (50') foot buffer
requirement. The applicable building set-back line along the common boundary with St.
John's Landing Subdivision will be the southern edge of the buffer.
In addition, Schrimsher agrees to design, permit, and construct a six (6) foot concrete
block or brick wall (the "Wall") on Schrimsher Property (or on property within St. John's
Landing Subdivision if approved by the owners of the applicable lots within St. John's
Landing Subdivision) in connection with any commercial or multi-family development
adjacent to the developable lots within the S1. John's Landing Subdivision along or near the
current perimeter of the Schrimsher Property, provided said Wall is required by the City
Code. To the extent a Wall is required, the maximum length of the Wall shall commence
at the Tuskawilla Road right-of-way and shall extend to and terminate at the southeastern
comer ofthe eastern-most developable lot contiguous to the common boundary between St.
Johns Landing Subdivision and the Schrimsher Property. No portion of the Wall will be
required adjacent to any retention pond within the St. Johns Landing Subdivision.
Schrimsher agrees that individual lot owners within S1. Johns Landing Subdivision
will be allowed to install one (I) gate (not greater than four (4') feet in width)p"er
developable lot, in the Wall to provide access to and from their lot and the Cross Seminole
Trail and/or Town Center provided (i) the individual lot owner must install and maintain the.
gate at the lot owner's expense, (ii) the gate shall open toward the applicable lot within St.
John's Landing Subdivision, (iii) the style of the gate shall otherwise be subject to the
reasonable written approval of both Schrimsher and the City, which shall not be
unreasonably withheld or delayed, and (iv) the individual lot owner must agree in writing via
OHU)QCS 100142G).12 LKF
06112/00
Page II of 2Z
a recorded instrument to hold the City, Schrimsher and Seminole County and the State of
Florida ham11ess from any loss, claim, damages or expenses associated with or resulting
from the installation or existence of the gate.
XII. Interior Buffer Walls and Fences.
Unless waived by the Development Review Committee and the City Commission,
buffer walls or fences will be required in Town Center between single family or multi-family
residential developments on one side and loading docks, service areas and trash disposal
faci lities associated with commercial development on the other side. Otherwise, buffer walls
and fences separating different types ofland uses will be allowed but not required within the
interior portion of the Town Center District.
XIII. Wetland Delineation of Wetland Park.
The parties acknowledge that Schrimsher has previously obtained from the tJ.S.
Army Corp of Engineers and provided to the City a copy of a delineation of the jurisdictional
wetland boundaries on the Schrimsher Property and that the parties have utilized such
wetland delineation to amend the Wetland Park boundary. Neither party warrants the
accuracy of such delineation and any further change in the delineation shall not result in
SChrimSher being required to convey any addltlonallands to the City or require the City to
reconvey to Schrimsher any portion of Wetland Park.
XIV. East/West Crossroad Seement.
Schrimsher agrees that the EastIW est Crossroad Segment wi 11 be located on
Schrimsher Property as generally depicted on Exhibit "A". However, Schrimsher may
relocate the EastlWest Crossroad Segment to the South (toward State Road 434) a maximum
distance oflOO feet from the location depicted on Exhibit "A". Schrimsher may also make
minor adj ustments to the location ofthe East/W est Crossroad Segment in order to straighten
the EastlWest Crossroad Segment or to provide for a more favorable site line and/or
curvatures of the East/West Crossroad Segment. If the East/West Crossroad Segment is
relocated or adjusted, Small Neighborhood Squares #4 and #5 shall maintain their relative
locations with access to and alignment with the layout of the East/West Crossroad Segment
subject to the possibility ofbeing relocated as provided in Article IV(b). Because the Cross
Seminole Trail will not be running along the EastIW est Crossroad Segment, the right-of-way
for EastlWest Crossroad Segment shall be 60 feet in width, according to the design of a
Town Center Street and the location and shape of Small Neighborhood Squares #4 and 5
shall shift accordingly.
ORLDOCS 100 14 26J. 12 LKF
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Page 12 of 22
XV. Spine Road Traffic Si~nal.
In conjunction with the construction of the Spine Road north or south of State Road
434, the City will cooperate with the Florida Department of Transportation and Schrimsher
in any proposal to install a traffic signal at the intersection of the Spine Road and State Road
434 and to install a median break within State Road 434 approximately midway between the
intersections at Tuskawilla Road and the Spine Road. Nothing herein is intended to obligate'
the City to contribute any funds toward the cost of the traffic signal or median cut.
XVI. Connection to TuskawiIla Road.
The City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit,
and construct a road along the existing right-of-way behind the "Mobil Service Station"
currently on the comer of State Road 434 and Tuskawilla Road, which mayor may not be
designed to connect Tuskawilla Road with a frontage road south of State Road 434.
However, the design, permitting, and construction of said road shall be consistent withl:he
City Code, subject to site plan review and approval by the City, and at Schrimsher's sole cost
and expense.
XVII. Greenspace and Open Space Requirements~ Landscaping Requirements. Both
parties agree that there are no minimum greenspace or open space requirements within the
Town Center District. However, Schrimsher agrees to comply with the landscaping
requirements within the Town Center District as set forth in the Town Center District Code.
XVIII. Diag:rams/"llIustrative Purposes Only".
Except for Wetland Park, Magnolia Park, the Small Neighborhood Squares (#2, 3,
4 and 5), Lake Trail Park, Cross Seminole Trail, the East/West Crossroad Segment, Main
Street Improvements, and Spine Road, which are expressly agreed to by Schrimsher and City
pursuant to this Agreement (subject to applicable relocation provisions set forth herein), the
City hereby acknowledges that all diagrams and graphics within the Town Center Plan and
the Town Center District Code, which are depicted on Schrimsher Property, are for
"illustrative purposes only" and are intended only to illustrate the intent and concepts ofthe
Town Center District Code.
XIX. Periodic Review.
This Agreement shall be subject to periodic review by the parties. Periodically, City
and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under -
this Agreement and whether any amendments should be made to this Agreement in
furtherance of each others mutual interests. Additionally, during said review, the parties may
discuss proposing amendments to the Town Center District Code which may be needed to
promote the public's interest in creating an economically viable Town Center. Nothing in
OflLOOCS 10014263.12 LKF
OGIl 2/00
Page 13 of 22"
this Agreement shall preclude Schrimsher fr0111 exercising its right to seek an amendment
to the land use designation or zoning of the Schrimsher Property.
xx. Cooperation.
Schrimsher and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement.
XXI. Authority.
Each party hereby represents and warrants to the other that they have full power and
authority to enter into this Agreement. Schrimsher also represents that all legal and equitable
title to the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher
is duly authorized to bind the Schrimsher Property to the terms and conditions contained in
this Agreement. City also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the City shall
constitute the final action of the City.
XXII. Notices.
\
\.
,
Any notice required or allowed to be delivered hereunder shall be in writing and shall
be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or
(b) upon receipt of such notice, when deposited in the United States mail, postage prepaid,
certified or registered mail, return receipt requested, or (c) one day after deposit with a .
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at the other address as specified below or from time
to time by written notice to the other party delivered in accordance herewith.
Schrimsher:
Schrimsher Land Fund 1986 - II, V & VI, Ltd.
c/o Michael A. Schrimsher
Schrimsher Properties
600 E. Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: 407/423/7600
Fax: 407/648/9230
With Copy
to:
Michael J. Grindstaff, Esquire
Shutts & Bowen LLP
20 N. Orange Avenue, Suite 1000
Orlando, Florida 32801
Phone: 407/423/3200
Fax: 407/425/8316
ORLOOCS 100t42GJ.12 LKF
06112100
Page 14 of 22.
City:
With Copy
to:
XXIII. Defaults.
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
Fax: 407/327/4753
Anthony A. Garganese
City Attorney of Winter Springs
Amari & Theriac, P.A.
96 Willard Street, Suite 302
Cocoa, Florida 32922
Phone: (407) 639-1320
Fax: (407) 639-6690
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefauiting party to pursue whatever remedies are
available to it under Florida law or equity including, without limitation, 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 nondefauiting 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 re<J.Sonable
satisfaction ofthe nondefaulting party prior to filing said action. The prevailing party in any
litigation arising under this Agreement shall be entitled to recover its reasonable attorney's
fees and costs, whether incurred at trial or appeal.
XXIV. Successors and Assie:ns.
This Agreement shall automatically be binding upon and shall inure to the benefit of
the successors and assigns of each of the parties.
XXV. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
ORLDOCS 10014263.12 LKF
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Page 15 of 22
. ,
XXVI. Amendments.
This Agreement shall not be modified or amended except by written agreement duly
executed by both parties hereto.
XXVII. Entire At?:reement.
This Agreement supersedes any other agreement, oral or written, and contains the
entire agreement between the City and Schrimsher as to the subject matter hereof.
XXVIII. Severability.
If any provision ofthis 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.
XXIX. Effective Date.
This Agreement shall become effective upon approval by the City Commission of
. Winter Springs and execution of this Agreement by both parties.
xxx. Recordation.
Within sixty (60) days following the effective date hereof, a short form memorandum
of this Agreement signed by both the City and Schrimsher shall be recorded in the public
records of Seminole County, Florida and shall run with the Schrimsher Property. The
memorandum shall iriclude the legal description of the real property described in Exhibit B
(the "Schrimsher Property") and shall otherwise be in a form mutually acceptable to the City
and Schrimsher.
XXXI. Relationship of the Parties.
The relationship ofthe parties to this Agreement is contractual and Schrimsher 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.
XXXII. Sovcreit?:n Immunity.
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 any other limitation on the
City's potential liability under state and federal law.
OflLOOCS 10014263.12 LKF
06/12100
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XXXIII. City's Police Power.
The City hereby reserves all policc powers granted to the City by law. In no way
shall this Agreement be construed as thc City bargaining away or surrendering its police
powers.
XXXIV. FOI"ce Maieure.
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 any unforeseeable
or unpredictable event or condition beyond the control of such party, including, but not
limited 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 ("Uncontrollable 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 Uncontrollable Event.
xxxv. 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 of this Agreement in the event of a dispute between the parties.
XXXVI. Permits.
The failure of this Agreement to address any particular City, county, state, and federal
permit, condition, term, or restriction shall not relieve Schrimsher or the City of the necessity
of complying with the law governing said permitting requirements, conditions, term, or
restriction.
XXXVII. Third Party Ri~hts.
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.
XXXVIII. Counterparts.
. This Agreement may be executed in any number of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
OHlOOCS 1001426J.12 lKF
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XXXIX. State Grant.
The parties acknowledge that the City has filed a grant application to the State of
Florida for the purpose of obtaining grant funds to allow the Stale of Florida to purchase
Magnolia Park and Wetland Park. Schrimsher agrees to reasonably cooperate to allow the
City to obtain said grant funds and ifsaid grant funds are obtained, Schrimsher and the City
agree that said grant funds shall be expended in a manner mutually acceptable to both parties
to benefit the Schrimsher Property and the Town Center District (i.e., Magnolia Park and
Wetland Park and Cross Seminole Trail Improvements). Provided, however, in no event
shall Schrimsher be required to convey Magholia Park or Wetland Park directly to the State
of Florida nor are the City's and Schrimsher's Obligations hereunder in any way contingent
upon the success or failure of the City obtaining such grant funds (specifically, including,
without limitation, the City's obligations set forth in Article V hereunder and Schrimsher's
Obligations set forth in Article IV hereunder).
XL. Conveyances by Schrimsher.
All real property conveyances made by Schrimsher to the City pursuant to this
Agreement shall be made by special warranty deed and free of all mortgages, liens, and other
encumbrances.
XLI. Declaration ofthe City Commission of Winter Sprin~
The City Commission ofthe City of Winter Springs hereby finds that this Agreement
is consistent with the City's Comprehensive Plan and land development regulations and is
a legislative act of the City Commission of the City. The City_Commission further finds
that this Agreement promotes the public health, safety, and welfare and is consistent with,
and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as
provided in s. 2(b), Article VIII of the Florida Constitution and chapter 166.021, Florida
Statutes and the City's police powers. To the extent there are any conflicts between the
provisions of the Town Center District Code and this Agreement, the provision of this
Agreement shall control as if approved by the City Commission as a special exception
pursuant to,the Town Center District Code.
XLII. Billboard.
As of the effective date of this Agreement, Schrimsher has two billboards located on
real property within the City of Winter Springs which may remain in their existing locations
until such times as they are required to be dismantled and pemlanently removed pursuant to'
this Agreement. One billboard is located on the Schrimsher Property (i,e., within Town
Center) on the south side of State Road 434 and the other is located east of Town Center on
the north side of State Road 434. Schrimsher agrees Lo completely dismanlle and remove
each particular billboard at sLlch time as a certificate of occupancy is issLled by the City for
OflLDOCS 1001426).12 LKF
06112/00
Page 18 of 22
a vertical structure (other than the Cross Seminole Trail Bridge) that is within a four hundred
foot (400') radius of the applicable billboard. The dismantling ane! removal of the billboards
shall be detemlined on an indi vidual basis and the radius test sha II onl y apply to development
that occurs on the same side of State Road 434 that the billboard is located.
XLIII. Wetland Miti~ation.
The City acknowledges Schrimsher's right to impact the wetlands generally located
within one thousand two hundred (1,200') feeton the north side of State Road 434 and within
six hundred (600') feet on the south side of State Road 434 in the southeastem portion of
Town Center, provided that Schrimsher complies with all applicable governmental
requirements. Furthermore, the City acknowledges that Schrimsher shall have the right to
utilize other wetlands located within Town Center for the purpose of satisfying "wetland
mitigation" requirements related to one or more developments located outside of Town
Center.
XLIV. Land Use Percenta~es
The City agrees that the Schrimsher Property will be entitled to the same minimum
mix of land use percentages as set forth in the City's Comprehensive Plan for the Town
Center District.
XLV. Continuation of A~ricultural Classification
The City acknowledges that Schrimsher may continue to use all or a portion of the
Schrimsher Property for cattle farming operations (excluding beef processing), citrus
farming, silviculture/tree-farming or plant nursery purposes until such time as all of the
Schrimsher Property is developed in accordance with a City-approved development.
Nothing in the Town Center District Code is intended to impair or negate Schrimsher's
existing "agricultural classification" (for ad valorem tax purposes) as long as and to the
extent that Schrimsher maintains a bona fide agricultural operation on the Schrimsher
Property in accordance with all applicable laws. The City further acknowledges that
Schrimsher may maintain, replace, relocate and erect barbed wire, plain wire mesh or other
types of fencing in connection with Schrimsher's agricultural uses and the relocatio.n of the
Cross Seminole Trail or the development of less than all of the Schrimsher Property.
IN WITNESS WHEREOF, Schrimsher and the City have executed this Agreement
in form sufficient to bind them as of the day and year first above written.
OHlOOCS l00142G3.12lKr
06112/00
Pagc 19 of 22
11 S C H RI M SHE R"
SCHRlMSHER LAND FUND 1986-1[,
L TO., a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By:~LJ~ll A ~(;1';L~
Michael A. Schrimsher,
Vice President
SCHRIMSHERLAND FUND V, LTD.,
a Florida limited partnership
By:
Schrimsher Inc., a Florida
corporation
~ ( .' Vd - (; 4 '
1JVww'U/., ~5:Y L
By:
Michael A. Schrimsher,
Vice President
SCHRIMSHER LAND FUND VI,
LTD., a Florida limited partnership
By: Schrimsher Inc., a Florida
corporation
By: ~AS9./L__
Michael A. Schrimsher,
Vice President
OHLOOCS 100t42GJ.t2 LKF
OG/12/00
WITNESSES:
~/'l.......::::?
WITNESSES:
/ty1c~
Page 20 of 22
CITY OF WINTER SPRINGS
a Flo . I C
By:
ORLOOCS lOO142GJ.12 LKF
OG(I2/00
WITNESSES:
t:50.~~ .
Print Name: 4... v'h(l\,\ 0 A-. C::Yw-o~e~
pri!1:x,~~~~~
;'
Page 21 of 22
EXHIBIT LIST
Subject
Referencc in AE,rcemcnt
Exhibit "A"
Boundary Map/General Depiction
Exhibit "B"
Schrimsher Property
(legal description to be attached to the short-
fom1 memo referenced in Article XXX.)
Exhibit "C"
Town Center Plan
Exhibit "0"
Town Center District
Exhibit "E"
Town Center District Code
OHlooes 10014263.12 lKF
06/1 2/00
Page 22 of 22
EXHIBIT "An
Boundary Map/General Depiction
EXHIBIT "B"
Schrimsher Property
~8GHBORHOOD PARKS
0.45 AC 0 0;42 AC
0.44 AC @ 0.44 AC
KE TRAIL PARK 0 0.85 AC
MAGNOLIA PARK
(2) 0.64 AC to 0.79 AC
WETLANDS PARK
@ 22..33 Acres
\- . Jr:'
\- .
.-/(
. I
I
.:.
'"
~#
~
126/00
~I....J
'00 ICC . ~
TRAil ACCESS lANE
.. 11II 11II. EXISTING r~All ALIGNMENT
!Dlm D.WR UNPAVED TRAil
ta..... PAVED TRAil
- · SPINE ROAD (COLLECTO,~)
- ... EDGE DRIVE
All 11I1 .. EAST/WEST CROSSROAD SEGMENT
MAIN STREET
EXHIBIT "A"
,,'"JaIl,
N
/
I
I
./
/
/
!
EXHIBIT "C"
Town Center Plan
TOWN CENTER PLAN
,
TOWN CENTER
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A. Town Center District Boundary Map
~_.~~"<>- District Boundary
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EXHIBIT "0"
Town Ccntcr District
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EXHIBIT "E"
TOWN CENTER DISTRICT CODE
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EXHIBIT" A"
Boundary Map/General Depiction
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NEIGHBORHOOD PARKS
0,45 AC 0 0.42 AC
0.44 AC @ 0.44 AC
LAKE TRAIL PARK 0 0.85 AC
MAGNOLIA PARK
0.64 AC to 0.79 AC
WETLANDS PARK
@ 22.33 Acres
TRAIL ACCESS LANE
EXISTING TRAIL ALIGNMENT
UNPAVED TRAIL
PAVED TRAIL
SPINE ROAD (COLLECTOR)
MAIN STREET
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EXHIBIT "B"
Schrimsher Property
TOWN CENTER
A. Town Center District Boundary Map
District Boundary
County Enclaves (not in city)
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EXHIBIT "C"
Town Center Plan
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TOWN CENTER PLAN
EXHIBIT "D"
Town Center District
EXHIBIT "D"
TOWN CENTER DISTRICT BOUNDARY MAP
DISTRICT BOUNDARY
COUNTY ENCLAVES
LAKE JESUP
EXHIBIT "E"
TOWN CENTER DISTRICT CODE
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City of Winter Springs
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TOWN CENTER DISTRICT CODE
TABLE OF CONTENTS
I. INTENT
I. Intent ............................................................... p.l
II. Administration.............. ............................. ...... p.2
A. Town Center District Boundary Map... p.2
B. Review Process ..................................... p.2
C. Special Exceptions ............................... p.3
D. Site Development Agreement Option.. p.3
E. Comprehensive Plan Compliance
Required ........................ ....................... p.3
III. Definitions............... ........................................ pA
IV. Permitted Uses.................................................. p.5
V. General Provisions ............................................ p.7
A. Corner Radii & Clear Zones ................ p.7
B. Alleys ................................................... p.7
C. Exceptions from Build-to-lines ............ p.7
D. Side and Rear Setbacks ........................ p.7
E. First Floor Height for Residential......... p.7
F. Diversity of Building Widths ................ p.7
G. Accessory Structures ............................ p.7
H. Drive-throughs ..................................... p.7
I. Civic Sites .............................................. p.7
J. Parking................................................... p.8
K. Single vs. Double Loaded Roads ......... p.9
L. Large Footprint Buildings .................... p.9
M. Additional Prohibitions ....................... p.9
VI. Squares, Parks, and Street Types .................... p.IO
A. Hierarchy of Squares, Parks,
and Streets ........................................... p.lO
B. "In Our Generation" Drawing .............. p.IO
C. Squares, Parks, and Streets Map .......... p.ll
Squares and Parks ........................ p.12
Street Types .................................. p.18
VII. Building Elements ....................................... p.26
VIII. Architectural Guidelines ............................. p.29
The City of Winter Springs seeks to create a town center based
upon traditional standards for city building. In February, 1998
the City of Winter Springs created a plan for the town center
through a design session involving the community and a team of
design professionals. This Code is based on that plan.
Traditional urban design conventions have been applied to
create a pallette of squares, parks, and street types that form the
framework for the town center. These conventions are derived
from a number of sources in planning literature. Where
approvals, interpretations and judgements are left to the
discretion of City officials, these officials shall use the following
texts for guidance as to best practices:
Civic Art, by Hegemann and Peets;
Great Streets, by Allan B. Jacobs;
The New Urbanism: Toward an Architecture of Communi tv, by
Peter Katz;
AlA Graphic Standards. 9th Edition:
The Lexicon of the New Urbanism. by Duany et aI, Congress for
the New Urbanism;
Shared Parking, by Barton-Aschman Associates, The Urban
Land Institute
This document repeals the Town Center Overlay Zoning District
Regulations ofJune 9, 1997 (Ordinance #661) and September 8,
1997 (Ordinance #676). Should any conflict arise between the
provisions of this Code and other local land development
regulations for the City of Winter Springs, the provisions of this
Code shall apply. To the extent that this code is silent where
other codes govern, they shall apply.
A. How To Use This Code:
1. Determine whether your use is permitted in the Town
Center.
2. Review the General Provisions which apply throughout
the district.
3. Determine which Street Type your lot fronts. (If you
have a corner lot, you must determine the primary space or
street based on the hierarchy on page 10.)
4. Next, review section VI. for provisions about the Street
Type, Square, or Park that corresponds to the lot.
5. Finally, review the Building Elements and Architectural
Guidelines which contain specific rules for buildings.
Town Center District Code
JW1C 12, 1999
Page 1
6. Other reasonable supporting documents to indicate
intentions and/or any other items reasonably required by
the Development Review Committee.
Town Center District Code
II. Administration
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Interpretation of the standards in this code shall be the
responsibility of the City's Development Review
Committee (DRC). The "In Our Generation" Illustrative
Buildout Drawing on p.lO in this Code and on p.6 in the
adopted masterplan shall serve as guidance to the
Development Review Committee with regard to the
City's intent for land development in the town center.
The images contained in this code are meant to
demonstrate the character intended for the Town Center,
but are for ilJystrat!ye purposes only. The accompanying
text and numbers are rules that govern permitted
development.
B. Review Process
Applications are subject to review by the Development
Review Committee. The Committee shall have authority
within reason for approving all aspects of site planning
and exterior architecture, including aesthetic
appropriateness, environmental implications, traffic
impacts, and any other site-specific matters not
delineated herein.
Optional Preliminary Review: Applicants may, at their
option, submit designs in schematic or sketch form to
the Development Review Committee for preliminary
approval, subject to further review.
A. Town Center District Boundary Map
- District Boundary
County Enclaves (not in city)
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Applicants shall submit the following items to the Land
Development Division of the Department of Community
Development for review:
1. A current Site Survey, no more than 1 year old.
2. A current Tree Survey, no more than 1 year old.
3. A Site Plan, drawn to scale, which shall indicate:
a. Building locations and orientations, and
landscape areas;
b. Parking locations and number of spaces;
c. Paved surfaces, materials and location(s);
d. Site location diagram & legal description; and
e. Signage.
4. Building Elevations illustrating all sides of structures
facing public streets or spaces.
5. A parking analysis justifying the proposed parking
solution (such as Shared Parking, by Barton Aschman
Associates, The Urban Land Institute).
JWlC 12. 211011
Page 2
Procedure for Special Exceptions:
1. Approval may be granted only after a minimum of
two discretionary reviews. The first review shall be
before the Development Review Committee, at
which time the Development Review Committee
shall review the project and provide to the City
Commission an advisory recommendation regarding
approval, approval with conditions, or disapproval.
The second review shall be a public hearing held
before the City Commission and shall be held no
sooner than seven calendar days following the
Development Review Committee hearing.
2. Requests for special exceptions under this ordinance
shall include each exhibit required in the
Administration Review Process per section II, part
B of this code. In addition, the City Commission
may within reason require additional exhibits and
may defer approval of the special exception
application or schedule an additional public hearing
or hearings to review those exhibits.
3. Special exceptions shall not be unreasonably
withheld, but the City Commission shall have
authority to require that the applicant satisfy any
additional conditions it deems necessary to fulfill
goals of the master plan, including reasonable off site
improvements directly related and proportionate to
the specific impact of the request, or further
review( s) and approval by the Development Review
Committee.
4. The City Commission may grant the approval of an
application for special exceptions from the code in
whole or in part upon a majority vote of its members.
Town Center District Code
C. Special Exceptions:
The City Commission may by special exception waive
strict compliance with provisions of this code. In granting
a special exception, the City Commission must find by
substantial competent evidence that:
1. The proposed development contributes to, promotes and
encourages the improvement of the Winter Springs
Town Center and catalyzes other development as
envisioned in the Winter Springs Town Center
regulations.
2. The proposed development will not have an unfavorable
effect on the economy of the Winter Springs Town
Center.
3. The proposed development abides by all rules in this
code other than those specially excepted. Special
limitations apply to Large Footprint Buildings
(greater than 20,000 square feet); see section V (L)
for these limitations (page 9).
4. The proposed development meets any reasonable
additional conditions, restrictions or limitations
deemed necessary by the City Commission in order
to preserve and promote the intent of the Winter
Springs Town Center Master Plan.
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D. Site Development Agreement Option:
The City may enter into a Site Development Agreement
with the user or developer of a property, relating to
development of a particular parcel or tract of land, and
such an agreement may address such issues as impact fee
credits; a specialized or negotiated concept of design or
site plan development authorized or sanctioned by this
ordinance; infrastructure service credits or public-private
participation in funding, design or construction; or other
incentives based upon strict compliance with
requirements of this ordinance. The Agreement will be
mutually acceptable to all parties. Considerations for the
City in deciding whether to participate in such an
agreement will include compliance with the objectives
and design criteria specified in this ordinance;
demonstration of a cost benefit to City and developer;
consideration of development amenities provided by the
developer. Such a Site Development Agreement shall be
adopted and be in conformance with the requirements of
the Florida Municipal Home Rule Powers Act or
Sections 163.3220 through 163.4243, Florida Statutes, as
to effect, duration, public hearing requirements and other
Issues.
E. Comprehensive Plan Compliance
Required:
All development of property subject to the Town Center
zoning designation and these regulations shall be subject
to the Comprehensive Plan of the City of Winter
Springs, Florida, and all approvals and land development
permits shall be in compliance with the Comprehensive
Plan. An amendment to the comprehensive plan has
been proposed and is currently being processed by the
City. This amendment is proposed to increase densities
for the area affected by these Town Center regulations;
however, until this amendment to the comprehensive
plan is approved and adopted in accordance with state
law, the City cannot lawfully assure any owner or user of
any affected property densities and land uses not
currently allowed or permitted by the City's
Comprehensive Plan.
JUl1l.: 12. 2110U
Page 3
III. Definitions
Accessory Structure: a building or structure
subordinate to the principal building and used for
purposes customarily incidental to the main or
principal building and located on the same lot or set
of attached lots therewith.
Alley: a publicly or privately owned secondary way
which affords access to the side or rear of abutting
property.
Appurtenances: architectural features not used for
human occupancy consisting of: spires, belfries,
cupolas or dormers; silos; parapet walls, and
cornices without windows; chimneys, ventilators,
skylights, and antennas.
Awning: an architectural projection roofed with
flexible material supported entirely from the exterior
wall of a building.
Balcony: a porch connected to a building on upper
stories supported by either a cantilever or brackets.
Block: an increment of land composed of an
aggregate of lots, tracts and alleys circumscribed by
thoroughfares.
Build-To-Line: a line parallel to the property line,
along which a building shall be built. Exact location
of Build- To-Lines shall be established by the DRC
at the time of application.
Building Frontage: the vertical side of a building
which faces the primary space or street and is built
to the Build-To-Line.
Building Volume: the space displaced by the
exterior walls and roof of a building; a product of
building width, depth, and height. It is the intent of
this Code to regulate building volume in order to
shape public spaces that are human-scaled, well-
ordered, and which maximize the shared real estate
amenity.
Building Width: the distance from one side of a
building frontage to the other. In conditions where
buildings are attached, building width is the
distinction between buildings which shall be
expressed via a change in architectural expression,
such as a vertical element running from ground to
roof, a change in fenestration or style, color or
texture, or a break in facade plane or roof line.
These changes may be subtle or significant, but it is
the intent to avoid homogenous blocks of
excessively long buildings.
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Colonnade or Arcade: a covered, open-air walkway
at standard sidewalk level attached to or integral
with the building frontage; structure overhead is
supported architecturally by columns or arches
along the sidewalk.
Dwelling Area: the total internal useable space on
all floors of a structure, not including porches,
balconies, terraces, stoops, patios, or garages.
Front Porch: a roofed area, attached at the ground
floor level or first floor level, and to the front of a
building, open except for railings, and support
columns.
Garden Wall: a freestanding wall along the property
line dividing private areas from streets, alleys, and
or adjacent lots.
Height: the vertical distance from the lowest point
on the tallest side of the structure to the top of the
parapet, cornice or eave.
Liner Building: a building built in front of a parking
garage, cinema, supermarket etc., to conceal large
expanses of blank wall area and to face the street
space with a facade that has doors and windows
opening onto the sidewalk (see diagrams pp.8 and
9). Parking garages and their Liners may be built at
different times.
Lot: a single building plot; the smallest legal
increment of land which may be bought and sold.
Lot Frontage: the property line adjacent to the
frontage street.
Marquee: a permanently roofed architectural
projection the sides of which are vertical and are
intended for the display of signs; which provides
protection against the weather for the pedestrian;
and which is supported entirely from an exterior
wall of a building.
Primary Space or Street: the space or street that a
building fronts. At squares and street intersections
the space or street highest in the hierarchy is the
primary street.
Stoop: a small platform and / or entrance stairway at
a house door, commonly covered by a secondary
roof or awning.
Storefront: building frontage for the ground floor
usually associated with retail uses.
Structured Parking: layers of parking stacked
vertically.
Town Center District Code
Junc12.I'JW
Page 4
IV. Permitted Uses
Administrative public buildings
Adult congregate living facility
Advertising agencies
Alcoholic beverage sales (package)
Alcoholic beverage on-premesis consumption
Alterations and tailoring
Amusement enterprises, private commercial
Antique and gift shop
Appliances, sales and service
Artists' studios
Automotive accessories sales
Bakery, wholesale and retail
Bathroom accessories
Bed and breakfast inn
Bicycles, sales and service
Bookstores, stationery, newsstands
Bookkeepers
Butcher shop, retail only
Carpets, rugs and linoleum
Churches (with or without educational and
recreational buildings and facilities)
Cleaners
Coin dealers
Computers, hardware, and software sales and
servlce
Confectionery and ice cream stores
Convention center
Comer store or neighborhood convenience store
without gas pumps
Dance and music studios
Day nurseries, kindergartens and day care
Drug and sundry stores
Employment agencies
Financial institutions, banks, savings and loan
Florist and gift shops
Furniture, retail, new and used
Government service facilities
Grocers, retail and wholesale
Gun shop
Hardware stores
Health food
Hobby and craft shops
Home occupations
Hospitals and nursing homes
Hotel
Hypnotists
Inn
Insurance
Interior decorating and draperies
Jewelry stores
Libraries
Loan companies
Locksmiths
Luggage shops
Manufacturing and assembly of scientific and
optical precision instruments
Markets and stores, small
(Not exceeding 20,000 square feet)
Medical clinics and laboratories
Municipal Buildings
Nurseries, plants, trees, etc., Retail and
wholesale
Nursing Homes
Offices
Outdoor signs sales offices
Paint store
Parking garages
Parks and public recreation areas and facilities
Pet shops and grooming
Photographic studios
Physical fitness and health clubs
Post office
Private clubs and lodges
Public restrooms
Public utilities and service structures
Quick printers
Radio and TV broadcasting studios, excluding
towers
Radio and TV sales and service
Rental stores
Retirement homes, including independent living
through assisted living
Residential, single family (attached and
detached)
Residential, multifamily
Restaurants
Schools, service and vocational schools (such as
cosmetology, medical and dental assistant's
training)
Shoe repair shops
Sidewalk cafes
Snack shops
Sporting goods, retail
Tailoring shops
Taxidermists
Telephone business office and exchanges
Theaters, not drive-ins
Title companies
Tobacco shops
Town Center marketing and sales center
Toy stores
Trail heads
Travel agencies
Wearing apparel stores
Town Center District Code
JUlie 12. 2iMKl
Page 5
Permitted Uses, Continued:
Any other similar retail store or business
enterprise not listed, that in the judgement of
the Development Review Committee is not
specifically limited to other zoning districts
within the City and is consistent with those
included abovet and furthert that will be in
harmony with the spirit of the Winter Springs
Town Center Master Plan.
Uses Permitted
by Special Exception Only
Automobile repair shops (routine service)
Bowling alleys
Bus terminal
Car wash
Comer store or neighborhood convenience store
with gas pumps
Equestrian facilities
Gas stations
Launderettes and laundromats
Printers, commercial
Schools, private and parochial
Skating rinks
Stadiums and arenas
Swimming pools; sales service and supplies
Veterinary clinics (no overnight boarding)
June 12. 211UII
Town Center District Code
Page 6
v. General Provisions
The following general provisions apply to all
Street Types.
A. Corner Radii & Clear Zones:
Comer curb radii shall be between 9 feet and 15
feet. Fairly tight turning radii shorten pedestrian
crossings and inhibit reckless drivers from turning
comers at high speeds. To allow for emergency
vehicles (e.g. fire trucks) to turn comers, a 25 foot
radius Clear Zone shall be established free of all
vertical obstructions including but not limited to
telephone poles, sign poles, fire hydrants,
electrical boxes, or newspaper boxes.
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Property I Kight-at-Way Uno.
25' Radlue Clear Zon. Lin.
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B. Alleys:
Alleys are required in the town center to minimize
curb cuts and to provide access to parking and
service areas behind buildings. Alley
requirements may be waived by the DRC for
access to detached single family residential lots
greater than 55' in width in situations in which
proper streetfront orientation, pedestrian
circulation, and parking can still be accomplished.
Alley locations and dimensions are not fixed but
shall be designed to accommodate the alley's
purpose. Additional curb cuts shall be added only
with the permission of the Development Review
Committee. Alleys may be incorporated into parking
lots as drive aisles and fire lanes.
C. Exceptions from Build-to Lines:
Exceptions from Build-to Lines may be granted
by the Development Review Committee for
avoiding trees with calipers greater than 8 inches.
On comer sites (within 50 feet of the comer) with
Build-to Lines set back from the property line,
building frontage may be positioned forward of
the Build-to Line up to the Property Line,
provided it does not encroach upon the Clear
Zone.
D. Side and Rear Setbacks:
No side or rear setbacks are required in the town
center.
E. First Floor Height for Residential:
Residential uses on the first story shall have
finished floor height raised a minimum of 2 feet
above sidewalk grade.
F. Diversity of Building Widths:
No more than three residential buildings 20 feet or
less in width are permitted within any two
hundred feet of frontage.
G. Accessory Structures:
Accessory Structures are permitted and may
contain parking, accessory dwelling units, home
occupation uses, storage space, and trash
receptacles. Home occupation uses are restricted
to owner plus one employee, shall not include
noxious or disruptive functions, and may not
disrupt parking for neighboring residents.
Accessory structures shall not be greater than 625
square feet in footprint and shall not exceed 2
stories in height.
H. Drive-throughs:
Drive-through service windows are permitted in
the rear in mid-block and alley accessed
locations provided they do not substantially
disrupt pedestrian activity or surrounding uses.
Example
Drive-through
aervice area
I. Civic Sites:
Civic buildings contain uses of special public
importance. Civic buildings include, but are not
limited to, municipal buildings, churches,
libraries, schools, daycare centers, recreation
facilities, and places of assembly. Civic buildings
do not include retail buildings, residential
buildings, or privately owned office buildings. In
order to provide greater flexibility to create a
special architectural statement, civic buildings are
not subject to Build-to Line requirements or
Building Frontage requirements. The design of
civic buildings shall be subject to review and
approval by the Development Review
Committee.
Town Center District Code
I..., 12, 2000
Page 7
J. Parking:
1. Parking Requirements
The intent of these parking regulations is to
encourage a balance between compact pedestrian
oriented development and necessary car storage.
The goal is to construct neither more nor less
parking than is needed.
There shall be no minimum parking requirement
in the Town Center. The applicant shall provide a
parking analysis justifying the proposed parking
solution.
Minimum parking space dimensions for head-in
or diagonal parking shall be 9'xI8' with 11 foot
drive lanes (22' for 2 way traffic) and parallel
parking spaces shall be 8'x20' minimum with 10
foot drive lanes (20' for 2 way traffic).
Parking shall be provided as necessary to meet the
requirements of the Americans with Disabilities
Act and Florida Accessibility Code.
2. On-Street Parking
The selection of diagonal or parallel parking
along any section of road shall be determined in
consultation with DRC. In the event that DRC
approves diagonal instead of parallel parking,
dimensions should be adjusted on pages. 12-24.
3. Off-Street Surface Parking Lot Placement
Off-street surface parking lots shall be set back a
minimum of 50 feet from the property line along
the Main Street. DRC shall have discretion to
make this requirement applicable elsewhere on
prominent frontages, such as along key pedestrian
connections, within significant vistas and within
important public spaces. Outbuildings serving as
garages facing alleys shall be permitted within
this setback. Surface parking lots may be built up
to the property line on all other street frontages.
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4. Structured Parking Lot Placement
Parking structures shall be set back a minimum of
50 feet from the property lines of all adjacent
streets to reserve room for Liner Buildings
between parking structures and the lot frontage.
The Liner Building shall be no less than two
stories in height. Liner Buildings may be
detached from or attached to parking structures.
5. Access to Off-Street Parking
Alleys shall be the primary source of access to off-
street parking. Parking along alleys may be head-
in, diagonal or parallel.
Alleys may be incorporated into parking lots as
standard drive aisles. Access to all properties
adjacent to the alley shall be maintained. Access
between parking lots across property lines is also
encouraged.
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Comer lots that have both rear and side access
shall access parking through the rear (see diagram
below).
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Building :
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Frontage Street
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Circular drives are prohibited except for civic
buildings.
Garage door(s) shall be positioned no closer to
streets, squares or parks than 20 feet behind the
principal plane of the building frontage. Garage
doors facing streets, squares or parks shall not
exceed 10 feet in width. Where space permits,
garage doors shall face the side or the rear, not the
front.
Town Center District Code
I... 12, 2000
Page 8
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Implementation
Phases of Implementation
By funding this design exercise, the City of
Winter Springs has taken the lead. The City
should now maintain its leadership position to
protect the integrity of the plan and promote its
growth. But the community cannot expect
government to pay for everything or to sustain
it; when public money is spent on pieces of the
plan it should be with an eye toward catalyzing
the next private investment. The initial phase
shown below depicts a combination of public
and private investment to implement the
Market Square, Tuskawilla as main street, and
the public infrastructure for Magnolia Square.
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Existin Conditions 1998
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Winter Springs Town Center
-18-
Dover, Kohl & Partners, et al
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The rest of the plan will not happen overnight. Some changes will occur soon while other features
of the plan are expected to occur far in the future. Most of the future development shown in the
plan is dependent upon the first phase of implementation, moreover, the first development will set
the tone and begin establishing the "positioning"of the Town Center in the minds of consumers,
investors, and tenants. If the Market Square is built first, but ends up looking like a strip shopping
center, the apartments above shops and other mixed use buildings will be hard to implement.
Worse, the confidence of the citizenry in the Town Center vision will be lost. Therefore, quality
control should be very tight at the beginning.
Below are possible scenarios showing the build-out of the Town Center over time.
Stage 2
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Sta e 4
Winter Springs Town Center
Stormwater Retention Areas
-19-
. Area-wide retention plan frees up land in
town center for development
. responds to existing runoff concerns
. shortened approval process saves developers
time and money and promotes plan
. better water quality through more efficient
system-wide approach
. if designed well, without fences, retention
areas can enhance neighborhood edges and
Dover, Kohl & Partners, et al
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Existing & Proposed Infrastructure
Legend
Eristillg Streets
New Streets
-~~-, New Trails
Nm Alleys
Winter Springs Town Center
II/II
-21-
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Predictability in Design /
Flexibility in Use
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The plan is flexible in terms of both land use
and development scenarios. The framework of
blocks and streets can support a wide range of
buildout scenarios. This flexibility is illustrated
below. Building types and placement will be
reasonably regulated in the code written for the
plan.
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Winter Springs Town Center
Dover, Kohl & Partners, et al
-22-
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Next Steps
1. The Ciry Commission should immediatelY pass an
Adoption-in-Concept resolution giving the Plan
official standing.
This will not give the details of the plan the
force of law at this stage, but it will send an
important message to property owners and
residents that the City Commission supports
this plan and intends to implement its
principles. The Commissioners should also
authorize the drafting of a new graphic code
based upon the plan.
2. Confirm physical and regulatory conditions.
Base information should be checked with
individual surveys (existing or newly
commissioned) to verify property lines and
right-of-way dimensions. A district-wide
solution for drainage & water quality should
continue to be pursued with the St. John's River
Water Management District.
3. Consider peiforming a residential "target market
analYsis" and an absorption analYsis for both
residential and office development.
These market studies must be performed by
specialists in economic studies for traditional
neighborhood development. These tools, while
limited, will provide insight many investors will
want; compiling this information proactively at
City expense is a reasonable way of using public
resources to diminish the initial risk for
"pioneering" developers.
4. Create and adopt a new graphic code following the
plan.
Create a specific, simplified, graphic code for
the Town Center. This code should be a
wholesale replacement of the existing zoning.
This would give the regulatory ideas in the plan
the force of law, and should constitute pre-
approval of compliant projects. Widely
distribute the new design code, highlighting the
reforms and incentives.
5. Continue to promote the TOwn Center concept and
the plan.
Secure press coverage of the new vision. Parade
the image of the first completed project in the
press, at public meetings, at service dubs, on
cable TV, in travelling exhibits, on poster &
postcards! Provide realtors with handouts
highlighting what's coming in Winter Springs.
Encourage private investment with incentives:
waive fees, subsidize loans, offer city owned
land, couple public improvements in the rights-
of-way with private projects, provide free and
pre-approved designs. And above all cut red
tape for developments that follow the plan.
6. The Ciry should consider participating directlY in
the development process as a motivator to get the TOwn
Center started soon and started well.
For example, the City could undertake capital
improvements to public infrastructure
coordinated with the developers' construction of
private buildings. This effort would be
channelled into a location of great importance
and visibility. For example, the City could agree
to construct (or pay for) the public spaces of the
Market Plaza and first couple of blocks of the
main street, while the developers construct the
buildings that frame these spaces. Such an
incentive, if practical within government
resources, should naturally be offered if and onlY
if the developers agree to the place envisioned in
the plan and illustrations!
Winter Springs Town Center
-23-
Dover, Kohl & Partners, at al
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DOVER, KOHL &: PARTNERS
town planning
5879 Sunset Drive, Suite 1
South Miami, Florida 33143
GIBBS PLANNING GROU~ INC.
Retail Planning
101 West Brown Street
Birmingham, Michigan 48009
MICHAEL DESIGN ASSOCIATES, INC.
Landscape Architects
400 West New England Avenue
Suite 100
Winter Park, Florida 32789
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Change Over Time
Town Center. Winter Springs, Florida
March, 1997
DoVER, KOHL &; PARINERS
lawn planning
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Retail I Econom ic A naly s i s
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SR 434
Municipal
Bldg
Post Office
Tuskawilla
Trails
Tuskawilla
Road
Central Winds Park
Winter Springs High School
Existing Conditions
Town Center · Winter Springs, Florida
March,. 1997
Michael Design Associates
Lands ca pe Arch i tectu re
Cross
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Trail
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Property
IGngsbury
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Schrimsher
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DoVER, KOHL &: PARTNERS
lown planning
Gibbs Planning Group
Retai II Econom ic Analysis
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March,. 1997
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Lands cape Archi te ctu re
DoVER, KOHL Cst PARTNERS
lown planning
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March, 1997
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DoVER, KOHL ESt PARTNERS
lown planning
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Town Center · Winter Springs, Florida
March 1997
Michael Design Associates
Lan dsca pe Arc h i te cture
DoVER, KOHL &: PARTNERS
lown planning
Gibbs Planning Group
Retail / Econom ic Analysis
- --
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Magnolia Square
Town Center · Winter Springs, Florida
March, 1997
Michael Design Associates
Landsca pe Arch i tectu re
DoVER, KOHL &: PAR1NERS
town nl~nninn
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March 1997
Town Center. Winter Springs, Florida
Michael Design Associates
Landsca peArch i tecture
DoVER, KOHL &: PARTNERS
lown planning
Gibbs Planning Group
Retai II Economic Analysis
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Lakeside Pier
Town Center · Winter Springs, Florida
March, 1997
Michael Design Associates
Lands cape Arch i tecture
DoVER, KOHL fit PARINERS
lOwn plannIng
Gibbs Planning Group
Retail/Economic Analysis
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Town Center. Winter Springs, Florida
March 1997
DoVER, KOHL &: PARTNERS
town planning
Gibbs Planning Group
Retail/Econom ic Analysis
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Town Center · Winter Springs, Florida
Marr:h.l997
Michael Design Associates
Lands ca pe Arch itecture
DoVER, KOHL CSt PARTNERS
lown planning
Gibbs Planning Group
Retail/Economic A nalvs is
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Michael Design Associates
Land sca pe Arch i tect u re
Legend
bisting Streets
New Streets
,._-_.~ New Trails
New Alleys
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New Streets Diagram
Town Center · Winter Springs, Florida
March,. 1997
DoVER, KOHL &. PARTNERS
lown planning
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6. Parking Lot Landscaping Requirements:
Landscape strips of at least six feet in width shall
be provided between parking isles of either head-
in or diagonal parking. Tree spacing in parking
lots shall be determined by the City Arborist
based upon tree species and location. The
objective is to create as continuous a shade
canopy as possible. A diversity of tree species
across the Town Center is encouraged. To
minimize water consumption, the use of low-
water vegetative ground cover other than turf is
encouraged.
--*-
6 ft. min.
T
In lieu of landscape strips, landscape islands can
be provided. No more than 6 consecutive parking
stalls are permitted without a landscape isl~d of
at least 6 feet in width and extending the entire
length ofthe parking stall. A minimum of one tree
shall be planted in each landscape island.
I
6ft~
mm
K. Single vs. Double Loaded Roads:
Segments of single loaded Edge Drive are
designated for portions of the masterplan in order
to provide public access to significant natural
areas and to enhance these significant natural
areas by facing them with the fronts of buildings.
Single loaded Edge Drive may, by special
exception, be replaced with a double loaded
alternative. Double loaded roads may be
appropriate in locations such as: where there is no
significant natural view, in circumstances where
no significant negative visual impact will be
created by having the developed properties back
up to the natural area or park space, or in other
locations where it is deemed to be in the balanced
public- private interest to incorporate double
loaded roads for the economical use of the
property.
L. Large Footprint Buildings:
Large Footprint Building has blank facades and
sits behind a field of parking.
M. Additional Prohibitions:
Buildings with a footprint greater than 20,000
square feet may be built within the Town Center
District by special exception only. Such buildings
must abide by all rules in this code with the
following special limitations:
The following are prohibited where visible from
parks, squares and primary streets:
* Coin operated newspaper vending boxes
* Utility boxes and machinery including but not
limited to: backflow devices, electric meters
and air conditioning units.
Town Center District Code
J tulC 12. 2000
Page 9
VI. SQUARES, PARKS, AND, STREET TYPES:
Particular details of the Illustrative Buildout Drawing
and other sketches, illustrations, drawings and
diagrams contained herein are subject to change, at
the request of the affected property owner, with
approval by the Development Review Committee
and, if required below, with the approval of the City
Commission. Such details may include the location
dimensions, quantity, configuration and design of the
following components of the Winter Springs Town
Center:
Development under this code is regulated by
street type. The squares, parks, and streets are
related to each other in a hierarchical manner.
When these spaces intersect, the primary space is
determined by its higher order in the hierarchy.
The front of a building and its main entrance must
face the primary space.
A. Hierarchy of Squares, Parks, and Streets:
. Squares and Parks
. Main Street
. SR434FrontageRoad
. Urban Boulevard
. Town Center Street
. Edge Drive
. Neighborhood Street
. Trail Street
. Neighborhood Lane
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Alleys are covered under General Provisions, as
they are never fronted by main structures.
With approval by DRC and final approval by City
Commission:
1. Streets, roads and alleys (including any boulevard,
drive or lane) and the framework of blocks they form,
except for the current alignment of State Road 434,
Tuskawilla Road and other existing streets.
2. Squares, parks, and public spaces including the
wetland park, relocated portions of the Cross
Seminole Trail with trailhead(s) and/ or / bridge, but
not including the existing Central Winds Park. It is
the intent that squares, parks and open spaces should
remain open and unbuilt (except for civic buildings).
With approval by DRC:
3. Buildings and structures, whether residential or
commercial or civic, including parking lots and
structures, and the neighborhoods they form, except
for the existing Winter Springs High School, City Hall
and U.S. Post Office.
4. Stormwater retention areas and any wetlands
jurisdictional lines.
Town Center District Code
June 12, 2lXXl
Page 10
c. Squares, Parks and Streets Map
""- '-'~.-
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This drawing will be amended to reflect
approved developments and refinements due
to additional information. Such updates shall
be agreed upon by both the DRC and affected
property owners and are subject to final
approval by the City Commission after
V 11 appropriate,eview by staff. .,
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Square #2 (p.17)
Legend
_ Squares and Parks (pp.12-l7)
- Main Street (p.18)
- SR 434 Frontage Road (optional) (p.19)
. Urban Boulevard (p.20)
- Town Center Street (p.2l)
Edge Drive (p.22)
- Neighborhood Street (p.23)
_ Neighborhood Lane (p.25)
· · · · · Cross Seminole Trail Routes
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Town Center District Code
hlll\'I!, ZUUI
Page II
1. Market Square
This square is the window into Main
Street. The eastern street has two way
. travel with diagonal parking on the
building side. The western street is one
way with parallel parking on the building
side. Trees are optional in the right-of-
way.
A. Building Placement:
Build-to-line location: 0 ft. From
(Typical) RO.W. line
Space Between
Buildings:
10 ft. maximum
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Bldg. Width: 16 ft. minimum
160 ft. maximum
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Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. Building fronts are required to provide shelter to the sidewalk by means
of at least one of the following: arcade, colonnade, marquee, awning, or
2nd floor balcony.
3. All permitted uses are allowed on all floors.
4. Specific design of tree planting and landscaping layouts in and along
this space shall be subject to DRe approval.
5. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
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Focal fountain terminates the mixed-use main street.
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Town Center District Code
JUlie 12. 2000
Page 12
2. Magnolia Square
Magnolia Square is the formal gathering
space in the town center. A focal fountain
terminates the main streets into the
square. Angled parking on the north and
south sides of the square supports retail
uses.
A. Building Placement:
Build-to-line location: 0 ft. From
(Typical) R.O.W. line
Space Between
Buildings:
10 ft. maximum
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.... ~~~ ~"':~-... 't' ,f ~\.'.;:::'\'\.l'
\ )'ii.,. j( a..i'\' \\\;
(- ..~. /.....\f, ;"'lIfL" I
\\ \~~. ";/~/;' ['/"'ji
\ -"f/ >.~~~(::\ ':~>:!;~'<'~~<~.~_:/>!i
'. :~:y /i~~~..:{--' '~-<?' )'("//?
'-===;;="-~\,J'^'':y1''\ j'
-I :(~\:/ ~.~).>>
,.-,;p' "\":~ /' /.'
" .\1 .... \.~.""., t'
.r ,/' '., {/ ,)'%..~~
:. *::,;::/ \.:1:.. _ -'~\'~
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. Building fronts are required to provide shelter to the sidewalk by means
of at least one of the following: arcade, colonnade, marquee, awning, or
2nd floor balcony.
3. All permitted uses are allowed on all floors.
4. Specific design of tree planting and landscaping layouts in and along
this space shall be subject to DRe approval.
5. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
r
'-
8', 210' 8' 12'
_ _ _ _ ._.p~kin:~-=--~-.~~90' R,QW, ~.~='--P~k~~--=_-'=
Town Center District Code
This illustration depicts the character intended
for Magnolia Square.
i
\; .,-'--~
..'
.~'
1. \~
~. I'
, I'
, ,.
~. I.-
JJ
8" 12' I
. Parking .. -'SidewaU,-j-
I
...------r
PL
June 12, 2uon
Page 13
3. Hickory Grove Park
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Hickory Grove Park is the "central park"
of the town center and is named for the
'large stand of mature hickory trees it
contains. The Blumberg house is to be
converted to a civic use and two
additional civic sites are located in the
southeast and southwest comers.
A. Building Placement:
Build-to-line location: 0 to 10ft. from
(Typical) R.O.W. line
Space Between
Buildings:
35 ft. maximum
Civic Site
..
~
tL
i 12' J 8'* 10'
-r--- ---- __u__ .------ I
I Sidewalk Parking
j' ___ ...u __.. _ _ _.
Bldg. Depth:
~"---_._-'_.'---"--
: .~..~ ';"-:.. -- "\'"
"~!~i :-,j~~!?:;-~,~~f"\
.<<::~, ',,~~. J .,
'0 ,';rtJ~J;,;: ;l~,'\
""'.,' ~ ~'I' ..... ~ ')' '
~""_\~~~'~~'>"'~~-~~.~ _..,},1 \~~..q"'~"j'
'< .~~\ )/"ii<fJ.f -,. ,'.'
\"-. "~~\:^\\.I '-j./ jJ-=:..~~~==/
\ ,A~', '>A" II 'f -/
, );5~~\~j~;'"
I: D /"~~,,,,,,',
.-f,. ' ;/ ;'~~i.:-"
-I;, ",; "', -/'-- '.'"
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Specific design of tree planting and landscaping layouts in and along
this space shall be subject to ORe approval.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
i
~ i
:!
..
8'* 12'
Parking Sidewalk
10'
varies
varies
8'* 10' 10'
Parking -- --.- ---- ~
PL
* In the event DRC approves diagonal parking instead of parallel parking, this dimension shall be shall be 18'
PL
Town Center District Code
JWIC 12, 2lXX)
Page 14
4. Lake Trail Park
This neighborhood park gives trail users
a window into the Town Center and gives
residents access to Lake]essup.
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
._--------
. .~... ....
~'1 ~~, ;~
I -.. ; I ~?~~., <)P.,.,
'~....."-.:::~"
~.~ . . ":;,,'" --- ..:' '. ;< \'
,-<(\ I ..",~:-~<, '1 \
; "'~'. ;1' ...:. ~-~~i:t '.
"c ~,,,-t '. 1~. "
',<.. ~ 1!.J. -""" '., \,,Ir .<...~.. ",
, ',,---.: ,: _.,. \ II"" ''''''':::::.~~'
'~ '.'Q~-~\.. J\,,"--{ )~,~ \lr -
/'\\~'.. ',~,..}' ......~.. 1 ).'1'" ).\1'
\ '",('~" -~ (1 \\. ~.....\
',-.:~~~ . 7"~~~f;. ( 't';/"~.,
\< <~~.~\\J"'/1 )!=~j
\'. .,."...~. )/:0..' # i ij
\ '1-/ \'\..(1,' ',s.. ~.,-...-.n v/ ~
. ,"", ';:;.... ,",-:- ::-..,... -"il
,'(/ /t:~~.. 'l ':-E?' " ~'/:(
...--_L. '.' /,'.J~--''',
--;,-~~",-;:/)( \\,..-.-'
" .,,\~ /'.~.;o!/>
-=:':= rY~-/'~~ #~;'"
It ,f /;.,~~~
.i /'r' ;.~\!
.:, ~,,<:.\:t ""
A. Building Placement:
Build-to-line location: 0 to 10ft. from
(Typical) R.O.W. line
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
~
~~
1 0' ! 6' I 6', 8'*! 10' I 10'
-- - --r- '~------ - --.-....
Side- Gre.en I Parking I 40' R 0' W
:.walk ,stnp . :...: _
Space Between
Buildings:
35 ft. maximum
t-
.
! ~
~
i ~
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green
PL
* In the event DRe approves diagonal parking instead of parallel parking, this dimension shall be shall be 18'
Town Center District Code
JWK: 12, 2000
Page 15
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
:~~---~t~ ~~ ~'\,.>,
............ r IJ ............. '/':-"
~-.< ' :: 'I, "'. /: ,
r>. -'._~~-''''-.-..._.__'.:' ~~.....! :\\
','" . "'';;''~~ f .
';~iS~;.--:2~~~\
, ". <..\ ..\1:} ~'1\ .... ~ \\)'
\\\~~i~:~~~;~,~_.I;~~.J "~;;~~".::
\<;~~ J\. '\1 L j; '!,
\ ''', \~\:..\1~,~,./ j' "-"'0:_
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-1' ~\ ,-/.~///
-. ''.=:r='" .,~~:~: ' ,P', /
I: '~l. ....:,\":,,~.;.-t!f ,;'
-/: /: '..- ./ .)~~~i-~
.. \r-' "::11_.''''
5. Orange Avenue Park
This park marks the northern entrance
into the town center district. It provides a
. public gathering space as well as needed
stormwater retention for the Orange
A venue neighborhood.
A. Building Placement:
Build-to-line location: 0 to 10ft. from
(Typical) R.O.W.line
Space Between
Buildings:
50 ft. maximum
10 ft. minimum
~
, 11
!!
"
Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Specific design of tree planting and landscaping layouts in and along
this space shall be subject to ORe approval.
-,-- '-f-"-
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I ;' ~
I I I :
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green
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· In the event DRe approves diagonal parking instead of parallel parking, this dimension shall be shall be 18'
Town Center District Code
JW1C 12. 2CX)!)
Page 16
6. Neighborhood Squares
These small squares are distributed
throughout the Town Center, providing
frequent focal points and places of
interest.
A. Building Placement:
Build-to-line location: 0 to 10ft. from
(Typical) R.O.W. line
Space Between
Buildings:
35 ft. maximum
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. Maximum
Bldg. Depth:
125 ft. maximum
Bldg. Height: '2 stories minimum
4 stories maximum
55 ft. maximum
"', '"
.; ~'< . '7 /;~-;'~:,,,;;:, 0,)1':
l~~.~~/'_'.~_~:~ . '.~~;r -\\
r-~q~J/ ~..~~~~t{ '\
...._.Q.. ~. h"-~-\
.'l .'.~' ~ ,.<:';:;:.. \
, '- ....~... " 1,' '.' ~'
'. ::;.'; #1(,'T\;~/"".<' ~2'j;~, \ 'j. ~
/^~\\ .. ~ -.../ -~~" -...",,(/ ,\) ~ ~
'\ '\.:'~~ ,~~~().,... ! ,\~\. ~~'\ _ h
" ~(~ . 'l~ _/~ . t.....", '\,.l
"~)\~~ ): . KJ. ~i \' \'
I... '-\~"/'\J/ I' : ,",.~~I
\ ,/';,""~~,- /~ i It 1/ ~
.: )'~~V' ~ ___--=-f --: ,I;~.
,\ij/II':" />~-;~~ \'}<-';!j
'.~"~ >:'~>".{: ~;,\....{\ ~;~:.
!, ~~'~ '".. /}{.. ;;.:"
-1' ~~/.>' ~5~.' /
_ --.'~ .~,. .: f' ,.c'
I. lib ,,,'~:;f" ,<
L{~;<:>)~~~:
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Specific design of tree planting and landscaping layouts in and along
these spaces shall be subject to DRC approval.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
#2
Town Center District Code
#6
June 12. 2000
Page 17
r
[ I / awning
~"//'
/"
, ,
i.
.......
I 12' I 18' I
i -+-------- t
_(_____ __ ____ ___ ___on
PL
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7. Main Street
Main Street is the most important street in
the town center. It is lined with mixed-
use shopfront buildings that are
positioned at the front of each lot. It
features angled parking or parallel
parking and wide sidewalks. Trees in the
right-of-way are optional. The southern
portion between Market Square and
Magnolia Square is of primary
importance for implementation, but it is
understood that. over time Main Street
may grow into the area of Tuskawilla
Road north of Magnolia Square.
A. Building Placement:
Builq.-to-line location: 0 ft. from
(TypIcal) R.O.W.line
Space Between
Buildings:
10 ft. maximum
--t
II
I
...ioll
"is
~
'0
en
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
i< "
c. Notes:
1. Ap'p~rtenances may extend beyond the height limit.
2. Buildmg fronts are required to provide shelter to the sidewalk by means
of at least one of the following: arcade, colonnade, marquee, awning, or
2nd floor balcony.
3. All permitted uses are allowed on all floors.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
....../ Build-to Line
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I
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colonnade, I i
""......,,'.,.,.1
~. ,. 1'-..
: i "..
11' 11'
.-------------------
_n82'~.:.Q~~
18'
12'
PL
~ i
Town Center District Code
June 12, 2000
Page 18
8. SR 434 Frontage Road
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
This frontage road completes the
transformation of SR 434 into a
boulevard and allows local traffic to
circulate within the town center without
necessarily using the regional road
system. It also provides extra parking in
front of buildings facing SR 434. The
Frontage Road may be waived by the
DRC under certain conditions. These
may include, but are not limited to:
facilitation of traffic movement within
the Town Center without using S.R 434,
on-street parking along S.R 434, and
reasonably unimpaired pedestrian
movement.
A. Building Placement:
Build-to-line location: 0 ft. from
(Typical) RO.W.line
Space Between
Buildings:
35 ft. maximum
Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
! 14' min.
,- _19~ ---i- ~'~ 1_Q'
3Q'R.O.W. 11'Tl1n.)
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. Trees on building side of street are optional.
5. Diagonal parking is permitted in lieu of parallel parking.
6. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
This tree is optional \
\
\
\
\
.-' Build-to Line
V
I
.....
6'____
Pl
I
I
tlt t .:.l
~ f -a
:a ~
II)
~ ..
Q.. en
~
~
· In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be 18'
Town Center District Code
June 12, 2000
Page 19
9. Urban Boulevard
The Urban Boulevards are special streets
with wide medians down the center
. usually containing a trail. This extra
pedestrian element makes this street type
an elegant multi-use connection between
special areas within the town center.
A. Building Placement:
Build-to-line location: 0 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
40 ft. maximum
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth:
Bldg. Height:
125 ft. maximum
2 stories minimum
4 stories maximum
55 ft. maximum
~.l-.;.~6.:.I.t,.;;,.i,-.t.~.:.\
. ~~I~ '-''Y:;Ji.:~)'''''/~.:I\''':~-'::: ~ '. \ '; L;,....
'\. ~ ~~.,~. -,;>I"';>:..2"'~i,
", .,,~& '~(;'-1L'~,.
"""~:\" .....' It. Ii
,\. '''''''''.A'~ ."="" "
,. ...~~, >'M/i- ". - '
\' ':'\~ 'lA-I' ;" 'i]J
,",rCY)~:,:~t{~~<.~"/~/l'
-"'.,,.\:.'___,'L...:s,,/' '~vf/' ,,;'
'i~;~f2~~l
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
~
~
Q..
!
i
I / Build-to Line
v'
I
I
I
I
I
i I
'I
I
'I
i 1
..... , ~
~--
, ,
~. .10' -+_6' 1.9'..1 ~*-L lQ~__ i .._va!i.~~___.~_lQ' n~_8'*.._.._..~'..! 6'.1.JQ:._1
, varies' !
'1'" ... ..---.... --, -
~ ~
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as
~
"0
00
a
:g
~
ao
.5
~
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* In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be 18'
Town Center District Code
::l!!
as
~
"0
00
June 12, 2000
Page 20
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
10. Town Center Street
Town Center Streets form the primary
network of streets within the Town
Center. Parallel parking on both sides of
the street combined with wide sidewalks
creates a safe inviting place for both
pedestrians and motorists. 12' wide
sidewalks with tree wells are preferred,
but 6' sidewalks with 6' green strips are
also acceptable.
A. Building Placement:
Build-to-line location: 0 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
35 ft. maximum
PL
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
I / Build-to Line
./
I
I
I
I
6' . 8'* l 1 0' i 1 0' ; 8'*
.----:--- --I --.---i~-'-~---+--'
60' R.O.W.
: 6' i 6' I
~.---~_._---- +.
i
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PL
-,
I
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t t
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as
~!
'0
....
rJ:l
· In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be IS'
Town Center District Code
1....12,2000
Page 21
11. Edge Drive
The Edge Drive provides public access
along the natural boundaries of the town
center. Occasionally running parallel to
the Cross Seminole Trail, this street has
the fronts of its buildings positioned to
face the trail and scenic open spaces.
A. Building Placement:
Build-to-line location: 10 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
50 ft. maximum
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
l
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum i..
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
V Build-to Line
I
I
I
I
I
I
I
I
l....:I......-
,
1 0' 1 0'_ 8'~__, _9.'- 6'
_ nunAP' R.O.W-JrninJ
10' I
---_._-~
,
PL
~
01)
.s
~
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to
~
Q)
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Ci3
! t
· In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be 18'
Town Center District Code
JW1e 12.2000
Page 22
12. Neighborhood
The Neighborhood Street is a quieter,
more intimate street. Build-to lines are
set back and a green strip is incorporated.
If needed the setback area can be paved to
provide a wider sidewalk for intense uses
thus eliminating the door yard.
A. Building Placement:
Build-to-line location: 10 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
50 ft. maximum
Street
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
',., -':"i"
r.:. ,
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Trees shall be planted a maximum of 40 ft. on center.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
I'
II ..,."
,~--~
~ - ----~
II ::
I .
Ir--~:
L10'
1// Build-to Line
I
I
I
I
I
I
I
I
--=1
. 6' 6'. 8'* . 1 0' 1 0'
---<-----.--- -.... -~-_._-_., --;----------_.. ',--- .__..._....~.-
60' R.OW.
..--- --~-'-- .._~ -- ~-. ._----_._~ ..-------.--- --- .-.--- -----.
8'~___~_J>' T _!L__ 10'
PI.
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i;i.j
~i
PI.
f
j:l.,
~
~
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.....
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· In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be 18'
Town Center District Code
IWlO 12, 2000
Page 23
13. Trail Street
The Trail Street has an asymmetrical
section and is an optional street that may
be approved by the DRC and the City
Commission. The area between curb and
buildings on one side of the street is extra
wide, providing room for a generous
pedestrian path lined with trees and
plantings.
A. Building Placement:
Build-to-line location: 0 to 10ft. from
(Typical) R.O.W.line
Space Between
Buildings:
50 ft. maximum
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth: 125 ft. maximum
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
i
!~~~~~ .
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
~
_~ 10'
,
..--,.------.
PL
. __~([~_u
8'* la'
1~~ R~QW.
Ol)
.5
~
0..
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;.r-/
I
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I
I
1 0' ____!3'*__~ Q'. __ 6'
PL
Ol)
c
~
0..
· In the event ORe approves diagonal parking instead
of parallel parking, this dimension shall be shall be 18'
Town Center District Code
lww 12, 2000
Page 24
14 . Neighborhood Lane
The Neighborhood Lane is a "give way" B. Building Volume:
stre~t. Th~ ~e~ it is ~esign~ with Bldg. Width: 16 ft. minimum
traffic calming m nund. WIth parking on 160 ft. maximum
both sides, cars must 'give way' to on-
coming cars. This street section is used
primarily in residential areas or
secondary streets.
A. Building Placement:
Build-to-line location: 10 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
50 ft. maximum
,..----..,..."..,,----.
..--. --------;
Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
c. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the City Arborist.
4. Parallel parking permitted on both sides of the street.
5. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
1......./ Build-to Line
I
I
I
I
I
I
I
I
I
. "'C". ~'~L__.
\'~
I I'
-~ I
;1
1 0' ~" 6' ; 26' I 6' : 6', 10' !
----- -:--i------.- -.- ---,-- --~--- ---
50' R.O.W.
---t---------- _____________...___u ..- ------..----------- -~-
~ ~
I
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;
-8
~
bO
~
la
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;
-8
....
ell
Town Center District Code
June 12, 2000
Page 25
VII. Building Elements
A. Awnings & Marquees:
Depth =
Height =
Length =
5 ftminimum.
lOft minimum clear.
25% to 100% of Building Front.
The above requirements apply to first-floor
awnings. There are no minimum requirements
for awnings above the first floor.
Marquees and Awnings shall occur forward of the
Build-to Line and may encroach within the right-
of-way, but shall not extend past the curb line.
Awnings shall be made of fabric. High-gloss or
plasticized fabrics are prohibited.
B. Balconies:
Depth = 6 ft minimum for 2nd floor balconies.
Height = lOft minimum clear.
Length = 25% to 100% of Building Front.
Balconies shall occur forward of the Build-to Line
and may encroach within the right-of-way, but
shall not extend past the curb line.
Balconies may have roofs, but are required to be
open, un-airconditioned parts of the buildings.
On comers, balconies may wrap around the side
ofthe building facing the side street.
Town Center District Code
June 12. 2UOO
Page 26
C. Colonnades / Arcades:
B
Depth =
Height =
Length =
10ft minimum from the build-to line
to the inside column face.
10ft minimum clear.
75-100% of Building Front.
Open multi-story verandas, awnings, balconies,
and enclosed useable space shall be permitted
above the colonnade.
Colonnades shall only be constructed where the
minimum depth can be obtained. Colonnades
shall occur forward of the Build-to Line and may
encroach within the right-of-way, but shall not
extend past the curb line.
On comers, colonnades may wrap around the side
of the building facing the side street.
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D. Front Porches:
Depth =
Length =
8 ft minimum.
25% to 90% of Building Front.
Front Porches may have multi-story verandas
and/or balconies above.
Front Porches shall occur forward ofthe Build-to
Line. Porches shall not extend into the right-of-
way.
Front Porches are required to be open, un-
airconditioned parts of the buildings. More than
25% of the floor area of a porch shall not be
screened if the porch extends forward of the
Build-to Line.
Town Center District Code
June 12, 2000
Page 27
E. Stoops:
Depth =
Length =
6 ft. minimum
5 ft. minimum
Stoops are permitted and may occur forward of
the Build-to Line. Stoops may encroach
within the right-of-way with approval.
Sidewalks shall have clear access for
pedestrians. Stoops may be covered or
uncovered.
Town Center District Code
JWIl: 12. 2001)
Page 28
VIII. Architectural Guidelines
The lists of permitted materials and
configurations come from study of traditional
buildings found in Central Florida and have
been selected for their appropriateness to the
visual environment and climate.
A primary goal of the Architectural Guidelines
is authenticity. The Guidelines encourage
construction which is straightforward and
functional, and which draws its ornament and
variety from the traditional assembly of genuine
materials.
General Requirements:
The following shall be located in rear yards or
sideyards not facing side streets:
* Window and Wall Air Conditioners;
* Electrical Utility Meters;
* Air Conditioning Compressors; and
* Irrigation and pool pumps.
The following shall be located in the rear yards
only:
* Antennas;
* Permanent Barbecues.
The following are prohibited:
* Undersized shutters (the shutter or
shutters must be sized so as to equal the
width that would be required to cover
the window opening.);
* Plastic or inoperable shutters;
* Clotheslines;
* Clothes Drying Yards;
* Satellite dish antennas greater than 18" in
diameter;
* Reflective and!or bronze-tint glass;
* Plastic or PVC roof tiles;
* Backlit awnings;
* Glossy-finish awnings; and
* Fences made of chain link, barbed wire, or
plain wire mesh.
A. Building Walls
1. General Requirements
Required for all buildings except single family
houses:
An expression line shall delineate the division
between the first story and the second story. A
cornice shall delineate the tops of the facades.
Expression lines and cornices shall either be
moldings extending a minimum of2 inches, or
jogs in the surface plane of the building wall
greater than 2 inches.
o
Cornice
Expression line
projects enough to
create a shadow line
Desirable
Tacked on Mansard roof
Expression line covered
by awning
Undesirable
2. Permitted Finish Materials
* Concrete masonry units with stucco (C.B.S.)
* Reinforced concrete with stucco
* "Hardie-Plank" siding
* Wood (termite resistant): painted white, left
natural (cypress and cedar preferred), or
painted! stained with colors approved by the
Development Review Committee.
* Brick
Town Center District Code
JWlC 12, 2000
Page 29
B. Garden Walls, Fences & Hedges:
1. General Requirements
Fences, garden walls, or hedges are strongly
encouraged and, if built, should be
constructed along all un-built rights-of-way
which abut streets and alleys as shown in the
diagram below. Fences, garden walls and
hedges shall be minimum 25% opaque.
-..-.. -.. -.. -.. -.. -.. -.. -...
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*Height :
Front Yard: maximum height of 48 inches.
Pillars and posts may extend up to 6 inches
more, to a heicl1t of 54 inches.
Side and Rear Yards: maximum height of 72
inches. Pillars and posts may extend up to 6
inches more, to a height of78 inches.
2. Permitted Finish Materials
*Wood (termite resistant): painted white, left
natural, or painted! stained with colors
approved by the Development Review
Committee.
*Concrete Masonry Units with Stucco
(C.B.S.)
*Reinforced Concrete with Stucco
*Wrought Iron
*Brick
3. Permitted Configurations
C. Columns, Arches, Piers, Railings &
Balustrades:
1. General Requirements
*Column and Pier spacing:
Columns and Piers shall be spaced no
farther apart than they are tall.
2. Permitted Finish Materials
* Columns:
Wood (termite resistant), painted or
natural
Cast Iron
Concrete with smooth finish
*Arches:
Concrete Masonry Units with Stucco
(C.B.S.)
Reinforced Concrete with Stucco
Brick
*Piers:
Concrete Masonry Units with Stucco
(C.B.S.)
Reinforced Concrete with Stucco
Brick
*Railings & Balustrades:
Wood (termite resistant), painted or
natural
Wrought Iron
3. Permitted Configurations
* Columns:
Square, 6" minimum, with or without
capitals and bases
Round, 6" minimum outer diameter,
with or without capitals and bases
Classical orders
* Arches:
Semi-circular & Segmental
*Piers:
8" minimum dimension
* Porches:
Railings 2-3/4" minimum diameter
Balustrades 4" minimum spacing, 6"
maximum spacing.
*Wood:
Picket Fences: minimum 30% opaque, w/
comer posts
Other: to match building walls
*Stucco: with texture and color to match
building walls
*Wrought Iron: Vertical, 5/8" minimum
dimension, 4" to 6" spacing Town Center District Code
1...12, 2000
Page 30
D. Opacity & Facades:
Each floor of any building facade facing a park,
square or street shall contain transparent windows
covering from 15% to 70% ofthe wall area.
Retail storefront areas only:
In order to provide clear views of merchandise
in stores and to provide natural surveillance of
exterior street spaces, the ground-floor along
the building frontage shall have transparent
storefront windows covering no less than
50% of the wall area. Storefronts facing Main
Street, parks and squares shall remain
unshuttered at night and shall utilize
transparent glazing material, and shall
provide view of interior spaces lit from
within. Doors or entrances with public access
shall be provided at intervals no greater than
50 feet, unless otherwise approved by the
Development Review Committee.
c::::::>
c::::::>
J-- CORNICE
EEo
Window Hoods/Lintels
UPPER FACADE
Masonry Pier
=:J--- EXPRESSION LINE
Transom
STOREFRONT
Display Window
Bulkhead
E. Roofs & Gutters
1. General Requirements
*Permitted Roof Types:
gabled, hipped, shed, barrel vaulted & domed.
Shed roofs shall be concealed with parapets
along the street frontage. Applied mansard
roofs are not permitted.
*Exposed rafter ends (or tabs) at overhangs are
strongly recommended.
*Downspouts are to match gutters in material
and finish.
2. Permitted Finish Materials
*Metal:
Galvanized
Copper
Aluminum
Zinc-Alum
* Shingles:
Asphalt or Metal, "dimensional" type
Slate
Cedar shake
*Tile:
Clay, Terra cotta, Concrete
* Gutters:
Copper
Aluminum
Galvanized Steel
3. Permitted Configurations
*Metal:
Standing Seam or "Five-vee," 24"
maximum spacing, panel ends exposed
at overhang
* Shingles:
Square, Rectangular, Fishscale, Shield
*Tile:
Barrel, Flat, French
*Gutters:
Rectangular section
Square section
Half-round section
Town Center District Code
June 12. 2000
Page 31
F. Signs
1. General Requirements
* All signs shall be subject to a Discretionary
Aesthetic Appropriateness Review by the DRC
in order that signs are consistent and in harmony
with the Winter Springs Town Center. The
DRC shall use graphics in this section as non-
binding guidelines, but shall make a
determination of appropriateness on a case by
case basis.
*Signs shall be flat against the facade, mounted
projecting from the facade, or mounted above
the top of the facade. Free standing monument
signs are permitted by special exception along
State Road 434 frontage.
*Signs shall be externally lit. Individual letters
and symbols may be internally lit or back-lit.
2. Finish Materials
*Wood: painted or natural
*Metal: copper, brass, galvanized steel
*Painted Canvas
*Neon
*Paint/engraved directly on facade surface
3. Configurations
*Maximum gross area of signs on a given facade
shall not exceed 10% of the applicant's facade
area.
*Maximum area of any single sign mounted
perpendicular to a given facade shall not exceed
10 square feet.
*Signs shall maintain a minimum clear height
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Desirable
. Signs are coordinated
in size and placement
with the building and
storefront
Undesirable
. Building sign
conceals the cornice
. Over-varied sign
shapes create visual
confusion
. Awning sign covers
the masonry piers
. Sale sign too large
for storefront and
poorly placed in
display window
Examples of Signs Flat Against the Facade:
The sign is centered
within the symmetrical
arrangement of the
window above and
shop front below
Internally lit letters
~ ::::O::':::':d ahove
II r the main entrance at the
.. I top of the facade
Lamps for external --+--. - . -7
lighting I~'
The top edge of the facade I
is sculpted to create a ~, _
special focal spot for the
sign
'am, 1
.. - ..-;-- Elegant and reserved cast
bronze address plate
located at pedestrian eye
level
Sign painted directly on
the facade above the main
entrance
External lighting
discreetly located above
the awning
;, j,- Internally lit plastic signs
.........l are designed for the "strip",
not a pedestrian oriented
town center
Town Center District Code
JUlie 12. 2tM)()
Page 32
Examples of Signs Mounted Projecting from
the Facade:
Discreetly located external
lighting
Sign painted on the face of
a canvas awmng over
entry
Neon signs can provide a--.
warm glow, enhancing
night time pedestrian
activity
Signs on the sides of
awnings are directly in the
line of sight of pedestrian
customers
~~
Vertical projecting signs ~ "'-
are highly visible far down. li,1 ·
the street
A lower marquee sign ~~ I
caters to people on foot ,~
and in cars passing , ,..,
directly in front of the _'."'1:' i- ~':' _
venue ". ~
Signs hanging from the
ceilings of arcades
command the attention of
pedestrian shoppers
~ Monument signs tit within
~ I the deep setbacks of
suburban strip
development to direct
motorists to stores set too
far back
Examples of Signs Mounted Above the Top of
the Facade:
.------ Signs projecting from the
~\oll STATJQ tops of buildings are
~ - c'> ~; ~":,,,c~, highly visible from a great
distance
This distinctive sign, made
of individual letters
projecting from the front
of the facade and
extending above the
cornice line, is memorable
to shoppers and is highly
visible from many
directions
A second lower sign
marks the entrance to the
store
Signs projecting above the ~I
roof stand out against the
sky, adding an
architectural flair to a r"')
shop's identity f. 't...
-+- Pole mounted signs are
designed to tit in deep
suburban setbacks and are
not appropriate for
pedestrian-oriented
environments
Billboards cater entirely to
motorists traveling at high
speeds
Jum'12,:WIl1l
Town Center District Code
Page 33
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TOWN CENTER MASTER PLAN
Designer s Notes
Winter Springs, Florida
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DOVER, KOHL &. PARTNERS
town planning
Gibbs Planning Group, Inc.
Michael Design Associates, Inc.
March 23. 1998
~--- -- --
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I Winter Springs Town Center
Contents
~~
",' ~'l~:
~1
The Heart of Winter Springs ..........................2
How This Plan Was Created ...........................3
Fundamentals ..................................................4
The Illustrative Plan ........................................6
Points of Interest in the Town Center ............7
The Commercial Planning Study .................17
Implementation ...................... .............. .........18
Framework of Streets & Blocks ....................20
Existing & Proposed Infrastructure ..............21
Next Steps ................................................... ..23
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The Heart of Winter Springs
A traditional Town Center is the physical place
where many basic needs of citizens are
conveniently and tightly focused: shopping,
working, governance, being entertained,
dwelling, and the arts all happen together in a
town center because it is pragmatic to do so.
But the motivation to create a town center runs
deeper (and the payoff much greater) than mere
convenience. Human settlements have centers
because human society craves contact and
connectedness. A proper town center is a symbol
of the community, a reflection of its values and
aspirations. Winter Springs citizens gave clear
instruction to the designers: the Town Center
here is to capture the young city's imagination
and project an image of its bright future.
Not surprisingly, the urge to create such places
in maturing suburbs is now a nationwide
phenomenon. Cities are incomplete (and they
do not feel or function like healthy cities)
without centers, and that's why the town center
will make Winter Springs a better place to live.
For example, today local citizens travel far to
find many things they will find here, once the
main shopping street is started. Likewise, the
new office locations will create alternatives to
the miserable commutes many professional
business owners endure today. Given the city's
maturing population, an urbane residence in the
town center will also be ideal for empty-nesters
who would enjoy, say, easy walks to a
restaurant.
If well designed, the town center is a place
where fond memories are born and the bonds of
civil society are forged, and, not coincidentally,
it tends to become the most valuable real estate.
Town centers are roots of the local and regional
economy, and are key to a sustainable tax base.
In our time the traditional town center form has
been rediscovered as smart business. The real
estate industry has learned that "lifestyle"
market positioning is lucrative. In retail,
residential, office and entertainment, developers
are now reintroducing the physical features of
the livable and walkable downtown neighborhoods
one finds in historic American towns. These
include Main Streets with wide sidewalks,
elegant squares, a rich mix of urban
architecture, and tree-lined streets. Building
these features today takes a concerted effort by
both local government and developers; it
almost always requires a thorough re-tooling of
the official land development regulations, and
tends to require some rethinking on the part of
developers' consultants, too. The concerted
effort has proven worth it to the bottom line on
developments, such as, for example, Mizner
Park in Boca Raton.
In nearby Winter Park, one can vividly see how
a high-quality town center boosts property
values and deSirability citywide. Brokers will
tell you that homebuyer prospects are driven by
Park Avenue and Central Park first, before
visiting the house for sale, because the well-
designed public realm in that city's downtown
adds value to all the neighborhoods, too.
Design matters!
Winter Springs Town Center
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How This Plan Was Created
In February, 1998 the City of Winter Springs
created this plan through a design session
involving the community and a team of design
professionals. The session lasted seven days,
. with the first 2 1/2 days devoted to interviews
with community leaders and stakeholders
concerning their visions for the Town Center.
These participants included property owners,
presidents of Homeowners Associations within
the city, developers, the Mayor and City
Commissioners, City staff, Seminole County
staff, and representatives from the Tourist
Development Council, the Economic
Development Council and the Florida
Department of Transportation.
The design session began with a presentation of
comparable Town Centers and modern retail
planning. The Gibbs Planning Group presented
a preliminary commercial market study. Design
began immediately with ongoing interviews and
site analysis. A "pin-up" review of initial ideas
was held midway through the process. Mter the
pin-up the public participated in a hands-on
session for more feedback and new ideas. The
designers then combined all the input from the
various meetings into a single plan. This plan
was presented as a work-in-progress at the close
of the design session.
This report presents the plan and design
illustrations from the design session,
incorporating certain refinements. They
capture a vision of what can be created in this
unique location through teamwork and
vigilance.
Winter Springs Town Center
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Dover, Kohl & Partners, el al
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Fundamentals
The interviews were a continuous brainstorming
session which generated a large number of ideas.
The ideas were synthesized into a set of
drawings and fundamental principles:
Urbanity & high density are OK, but "strip
malls" aren't
A walkable community
Predictability in design / flexibility in land use
Visibly different section of State Road 434
Important sites for special public places
Preserve & connect the natural environment
Design for the long term & near term
No one "deal killer"feature
Urbanity and High Density are OK, but
"Strip Malls" Aren't
The Town Center is where people gather and
events occur. To support this synergy, buildings
must also move closer together rather than
farther apart. For the Winter Springs Town
Center this means higher density and mixed
uses, but with high standards of design.
Conventional strip shopping centers with
oversized parking lots in the front will not be
tolerated.
A Walkable Community
Walkability is a key feature in the design of the
Town Center and its adjacent neighborhoods. It
results from mixing land uses and from using
building placement to deliberately shape
agreeable public spaces in the streets and
between buildings. Walkability is dependent
upon connected, shaded streets and trails.
Truly walkable places have buildings fronting
streets and sidewalks, and destinations for
pedestrians like Main Street, squares, and parks.
Predictability in Design / Flexibility in
Land Use
Another fundamental idea echoed throughout
the interviews was to allow flexibility in the use
of buildings, but to raise the standards for their
design and placement. In a Town Center,
building type and placement matter more than
the uses inside. This means the uses inside a
building can change over time naturally the way
they normally do in real life. It also explains
why conventional "zoning" of segregated uses
will not generate a Town Center.
Winter Springs Town Center
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Visibly Different Section for State Road
434 at the Town Center
For most people SR 434 will be their way to the
Town Center. This is a special place; the usual,
generic highway-looking standard design is not
good enough! Therefore, changing the
character of the part of SR 434 adjacent to the
Town Center is very important. Landscaping
and building placement combined with adjacent
infrastructure are basic tools for making this
adjustment.
Important Sites for Special Public Places
The people of Winter Springs want a variety of
places to gather, shop, relax, recreate and enjoy
the natural beauty of their town. Sites for
public spaces have been chosen because of their
unique location or existing physical features.
Special sites for civic buildings and anchor
tenants have also been located within the plan.
Civic buildings are located on the most
geometrically important sites; for example, they
are situated at the end of a dramatic vista or
facing a square.
Preserve & Connect the Natural
Environment
The Town Center site contains wetlands,
uplands, unique soils, and stands of existing
trees. These are preserved in the plan as
preserve areas, parks, squares, and along streets
and trails. These areas are connected within the
plan to promote natural drainage and maintain
ecological viability.
Design for the Long Term & Near Term
The Town Center plan is based on a long term
perspective. The plan contains a number of
stages and phases including: initial projects
which can be started immediately; intermediate
projects which might take a generation to
complete; and long term projects which might
take 50 years or more to be realized. Initial
projects are important to create early visible
results. Later stages will build upon this
success. The key is that each project provides a
more complete Town Center for the citizens of
Winter Springs and should not foreclose the
ability to create the full ideal in the long term.
No one "Deal IGller" Feature
A strong plan does not depend on one physical
component, a "magic key" without which the
plan would fail. Nor can the plan hinge upon
one aspect of the development program. For
instance, if the grocery store is not built on one
particular site or the County does not choose
this location for the Conference Center, the
plan is nevertheless still viable. Since the plan
contains a long term design vision, such short
term setbacks should not substantially effect
the final product.
Winter Springs Town Center
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Illustrative Plan
This drawing shows a hypothetical future stage
of the basic development which might be
accomplished "in our generation." Building
rooftops are shown with civic buildings in red.
This is meant to serve as a guide to City staff,
a network of connected
streets and blocks
buildings fronting streets
and public spaces
'.
\\.
special public spaces of
defined character
special sites for civic
buildings
elected officials and property owners. It shows
several important urban design concepts which
should be followed as the Town Center is built:
buildings positioned close
together and up to the
street or square
parking lots located behind
or to the side of buildings
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connectea "green network" of parks
and open spaces
identifiable
neighborhoods
Winter Springs Town Center
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Points of Interest in the Town Center
The Market Plaza
.
is the "action center" most of the time
commercially oriented, visible and accessible
from both SR 434 and Tuskawilla Road
diagonal parking on the street, and parallel
parking on one side of the plaza
geometry opens a "window" into the heart of
the Town Center
a fountain as a focal point, terminating the
vista looking south along the main street
buildings fronting the square at least two
stories tall; three stories are ideal
retail / restaurants on the first floor
upper stories can be occupied by any use
awnings, arcades, colonnades and/or upper
floor balconies are required
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Winter Springs Town Center
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Tuskawilla Road as Main Street
.
links the Market Plaza to Magnolia Square
two lanes with diagonal parking on the
street
easy turns to parking behind buildings
sidewalks minimum 12 feet wide
buildings fronting Main Street at least two
stories tall; three stories is ideal
retail / restaurants on the first floor
upper stories can be occupied by any use
awnings, arcades, colonnades and/or upper
floor balconies are required
block layout can support proposed
Conference Center
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Winter Springs Town Center
Dover, Kohl & Partners. et al
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Magnolia Square
.
is the "quiet center" most of the time
contains a large public fountain symbolizing
the "springs" in Winter Springs
eastern end connects with the picturesque
natural edge of existing wetlands
center of the square provides a large open
space for public events such as holiday
celebrations and outdoor festivals
outdoor pavilion or bandshell on the
southern end
trailhead on southern end where square
meets Cross Seminole Trail
a future City Hall could anchor one corner
of the square
a future Cultural Arts Center could anchor
another corner
a future Hotel would benefit Main Street if
located on the northwest corner of the
square
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.9.
Dover, Kohl & Partners. et al
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Existing view along SR 434
Computer simulation a/trees planted at regular intervals
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Winter Springs Town Center
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State Road 434
· features formal tree plantings identifying the
Town Center District
· retention areas along SR 434 create softened
edge
. frontage road set back from the highway
· frontage road allows for on-street parking and
circulation of local traffic
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Hickory Grove Neighborhood
. surrounds portion of existing stand of
hickory trees preserved within a public park
. a branch library or other civic use site is
reserved for the southeast corner of the
Hickory Grove Park
. police / fire station at west end of park,
accessible to SR 434
. existing City Hall can convert to a mixed-
use building or office building if and when
City government moves to Magnolia Square
. Street-oriented, traditional urban buildings
encourage walking to the Main Street
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Typical Office Street Section
Winter Springs Town Center
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Blackw
ater Creek N .
. has predo . elghborhood
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tradItIOnal build' y street-oriented
SR 434 mgs along Tuska~ll
. Apart a and
ments or ro h
edges facing the W tlouses along the ba k
. the town b we ands C
ranch of th C
passes through th ,e ross Seminol 11 .
e neIghborhood e raIl
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Typical Edge Ro' "
. ii ad SectlOlI ' .'"
Winter Springs T
own Center
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I Winter Springs Town Center
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Lakeside Neighborhood
. features a boulevard connecting Magnolia
Square to Lake J esup
. opportunity for public access to Lake Jesup
with pier
. civic building site, which could be used for a
church for example
. mixture of housing types possible: detached
houses, rowhouses, courtyard apartment
buildings
. scenic branch of the Cross Seminole Trail
passes through the neighborhood and along
its edge
. single family detached houses located on the
north edge of the neighborhood could make
a transition to the neighboring houses
Typical Boulevard Section
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Dover, Kohl & Partners. at al
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Tuskawilla Trails Neighborhood
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has opportunities for connecting as an
integral neighborhood
a new street parallel to SR 434 for internal
traffic circulation and to reduce demand on
the regional road
The area between Tuskawilla Trails and SR
434 redeveloped as mixed use buildings
along SR 434 and residential adjacent to the
existing subdivision
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Tuskawilla Road & Public Lake
Overlook
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. includes sidewalks extending to Lake Jesup
. a small lookout pier extends into the lake at
the end of Tuskawilla Road
. traffic calming design where the Cross
Seminole Trail crosses Tuskawilla Road to
provide extra safety to the pedestrians,
equestrians and cyclists
Infill along Orange Avenue
. includes retention pond on south side of
Orange Avenue
. mostly single-family detached houses with a
few rowhouses and apartment buildings
. a new small neighborhood green
. there is no urgent need to redevelop the
county enclave area, but over time the City
should support creation of a more urban
residential district along the waterfront if
desired by the property owners
Winter Springs Town Center
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The Green Network
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includes parks, squares, preserves, and open
space
preserves existing natural features like
wetlands, stands of old growth trees, and
habitat
preserves connectivity of natural features for
habitat continuity and sustainability, scenic
vistas, and trail systems
includes passive and active parks
includes stormwater retention areas
helps resolve retention, drainage, and water
quality issues
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Winter Springs Town Center
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Trail Access & Trailheads
. Cross Seminole trail splits at Town Center
. edge route for equestrians and hikers
. internal route directs cyclists, rollerbladers,
joggers, etc. to the Town Center
. Magnolia Square trailhead with amenities
like restrooms, and storage lockers
. smaller trail heads offer easy access on and
off trail with adjacent on-street parking
. parking would be in greater supply at the
Central Winds Park trailhead
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Legend
d' .. fltNaliorollScenicT13i
-=--=- L-oo~.clOsS5eminole Trail
-:.;; - ..". I'roplsod Roo~
-= _., ~ Hiking & Equeslrian
",,.,,,, ~ Local Trail
'.,:-."c. - - (connector)
Winter Springs Town Center
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Commercial Planning Study
Gibbs Planning Group of Birmingham, Michigan performed a market analysis of the retail potential
for the site. This included a "void analysis" and a field review of the existing shopping opportunities
in the area, combined with the information gleaned from the interviews. These studies tell us that
the area can support approximately 92,500 square feet of new retail right now. This includes a
grocery store, a hardware store, two restaurants and other various retail establishments. For a more
in-depth review; please refer to the Gibbs report published separately.
Immediate Commercial Development Program
3,500
2,500
8,000
10,000
II Grocery
. Hardware / Home Impr.
o Pharmacy
. Storefront Uses
I'm Restaurant with Liquor
o Restaurant w/o Liquor
. Video / Entertainment
. Personal Services
111 Cards & Gifts
92,500 Square Feet of Ground Level Uses
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Winter Springs Town Center