HomeMy WebLinkAbout2000 09 25 Public Hearings A Special Exceptions to the Town Center District Code
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
September 25, 2000
Meeting
MGR.
REQUEST: Community Development Department, Land Development Division, presents to
the Commission the recommendation of the Development Review Committee as it
relates to the request of IDC Calhoun, Inc. (IDC) for special exceptions to the
Town Center District Code.
PURPOSE: The purpose of this agenda item is to present to the Commission the
recommendation of the Development Review Committee as it relates to the
request of IDC for special exceptions to the Town Center District Code to allow a
grocery store anchor building to have a footprint exceeding 20,000 sq. ft. and to
allow buildings (other than Main Street and the corner of SR 434)to be one story
in height provided the structures are constructed to a height of two stories utilizing
a parapet wall on all sides in order to achieve the vertical scale required in the
Town Center. The property is the IS-acre Kingsbury tract on the northwest
corner of the intersection ofSR 434 and Tuskawilla Road.
APPLICABLE CODE/AGREEMENT:
Town Center District Code
Section n.
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
September 25,2000
Public Hearing Item A
Page 2
improvement of the Winter Springs Town Center and catalyzes other development
as envisoned 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 Building (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.
Procedures 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 futher 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.
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
September 25,2000
PUBLIC HEARING ITEM A
Page 3
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.
Section V.
L. Large Footprint Buildings:
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:
a. Buildings may be one story in height on any frontage except Main Street and
Market Square, but shall be at least 24 feet in height. This may be accomplished
with Liner Buildings or higher ceiling heights and/or parapets.
b. To encourage use by pedestrians and decrease the need for solely auto-oriented
patronage. Large-Footprint Buildings must reinforce the urban character of the
Town Center and shall therefore continue a connected system of walk able street
frontages.
c. Buildings are exempt from maximum lot size restrictions, however building
footprints may not be larger than a single block.
d. Loading docks, service areas and trash disposal facilities shall not face streets,
parks, squares or significant pedestrian spaces.
AGREEMENT
Paragraph III. IDC Proiect Reauirements and Conditions.
September 25, 2000
PUBLIC HEARING ITEM A
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In consideration of the mutual promises and consideration set forth in this
Agreement, IDV intends to permit and develop a three phase Town Center
development project on IDC Property located within the Town Center. IDC
agrees to permit and develop the project under the terms and conditions of this
Agreement and the Town Center Code. The final site plan approved for the three
phase project shall be in substantial conformity with the Conceptual Site Plan
unless otherwise approved by the City during the City's Town Center development
permit process. The City acknowledges that the layout of the Conceptual Site
Plan is generally in accordance with the Town Center District Code. Unless
otherwise approved by the City, the final site plan shall be designed and
implemented as follows:
a) The development of the final site plan shall be in three phases as depicted on
the Conceptual Site Plan. Phase I is required to be constructed and shall be
constructed in its entirety and Phases II and III shall be constructed if IDC
determines that market conditions permit such construction. At IDC's discretion,
IDC may develop the final site plan in less than three phases if market conditions
permit a more expedited development of the IDC Property. In addition, IDC may,
at its discretion, develop Phases II and III in portions.
b) In accordance with Phase I of the Conceptual Site Plan, the City agrees and
acknowledges that upon IDC complying with the permitting requirements of the
Town Center District Code, Phase I shall consist of: (i) a grocery store anchor
building consisting of approximately 44,000 retail square feet; (ii) not less than
63,840 square feet of additional retail development at the comer of Main Street
and State Road 434 and along Main Street inclusive of unfinished shell space
pursuant to paragraph III(f) of this Agreement; and (iii) a parking ration of up to
five (5) spaces per 1,000 retail square feet.
c) The drug store anchor which is contemplated to be constructed on the corner
of State Road 434 and Main Street may, at IDC's discretion, be permitted and
constructed at another location along State Road 434. If so permitted and
constructed, the drug store anchor will be included as part of Phase I and another
retail use shall be permitted and constructed at the aforementioned corner in Phase
I or Phase II. The City and IDC acknowledge that a restaurant and/or bank/office
use would also be suitable at the aforementioned corner.
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PUBLIC HEARING ITEM A
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d) All phases of retail development on the IDC Property, in addition to the
grocery store anchor, may be up to 272,000 retail square feet, unless otherwise
agreed to by the parties. Provided, however, the City encourages development
in access of 316,000 square feet.
e) IDC shall not permit or construct more than 45,000 square feet of buildings
beyond Phase I of the Conceptual Site Plan unless the next building permitted and
constructed is the northern most retail building on IDC Property along Main Street
and depicted on Phase II of the Conceptual Site Plan ("Final Main Street
Building"). The Final Main Street Building may be permitted and constructed
simultaneously with another Phase II building above the aforementioned 45,000
square foot threshold. Notwithstanding IDC may permit and construct the Final
Main Street Building sooner than required by this paragraph. The City strongly
encourages IDC to permit and construct the Final Main Street Building during
Phase I.
f) The City prefers that all buildings constructed on the IDC Property be two (2)
to four (4) stories in height and that each story be suitable for occupancy. To that
end, IDC and City agree the drugstore anchor (or other use as contemplated
herein) on the corner of Main Street and State Road 434 and the buildings located
along Main Street shall be a minimum of two (2) stories, but the second and higher
stories may consist of a shell story consisting of finished exterior walls, roof,
windows, and other surfaces and an unfinished interior. All shell stories shall be
designed and engineered so as to accommodate occupancy at a later date. The
City agrees that all other buildings on the IDC Property may be one (1) story
occupancy buildings provided that IDC constructs the buildings to a height of at
least two (2) stories in order to achieve the vertical character and scale required by
the Town Center District Code. IDC agrees that such one story occupancy
buildings will incorporate a parapet wall, which the City hereby deems acceptable,
or other architectural feature suitable to the City that visually make the buildings
appear to be at least two (2) story buildings on all sides. However, nothing
contained in this paragraph, shall prohibit IDC from constructing full occupancy
buildings of two (2) to four (4) stories, where not otherwise required by this
Agreement, if JDC determines that market conditions would allow such
construction.
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PUBLIC HEARING ITEM A
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g) The City prefers parallel parking along Main Street but agrees to construct
diagonal parking as depicted on the Conceptual Site Plan to the extent market
conditions, in the sole discretion of IDC, require the additional parking spaces
afforded by such diagonal parking. If said diagonal parking is constructed instead
of parallel parking, IDC agrees to donate to the City the additional right of way
which may be needed to construct the diagonal parking. Nothing contained in this
Paragraph III (g) shall prohibit the City from constructing diagonal parking along
Main Street at its sole choosing and discretion.
h) IDC, at its discretion, shall be allowed to delete the buildings depicted on the
Phase II Conceptual Site Plan which are west of the grocery store anchor,
provided JDC submits a site plan, acceptable to the City, that substitutes the
buildings with: (i) parking; (ii) a pocket park of not greater than 1200 square feet
(unless a larger pocket park is agreed to by IDC) which shall incorporate a kiosk,
gazebo, pergola, water fountain or similar architectural feature; and (iii) a
landscape buffer for facilities along the rear of the grocery store anchor. The City
agrees not to unreasonable withhold such acceptance provided the site plan
complies with the City Code.
Paragraph Xll. Cooperation.
IDC and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement. In connection with City development
permit approvals necessary to effectuate the Conceptual Site Plan including, but
not limited to, special exceptions under the Town Center District Code
(particularly the Large Footprint Building for the grocery store anchor and one
story buildings with parapet and two or more story buildings with unfinished
second or higher stories), the City agrees to process IDC's development permit
applications in good faith and in a prompt, diligent manner. The City
acknowledges that obtaining special exceptions for the Large Footprint Building
for the grocery store anchor and for the one story building with parapet and
unfinished second or higher stories is pivotal to IDC developing the Conceptual
Site Plan and the City will fully cooperate with IDC to obtain approval of the
special exception under the Town Center District Code.
September 25, 2000
PUBLIC HEARING ITEM A
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Paragraph XID. Authoritv.
Each party hereby represents and warrants to the other that they have full power
and authority to enter into this Agreement. IDC also represents that it is duly
authorized to bind the IDC Property to the terms and conditions contained in this
Agreement. IDC also represents that all legal and equitable title to the IDC
Property will be vested in and held by IDC upon closing of the existing purchase
contract foer the IDC Property. The 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.
Paragraph XVI. Successors and Assi2ns.
This Agreement shall automatically be binding upon and shall inure to the benefit
of the successors and assigns of each of the parties.
Paragraph XVll. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
Paragraph XXID. Relationship of the Parties.
The relationship of the parties to this Agreement is contractual and IDC 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.
Paragraph XXV. 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.
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PUBLIC HEARING ITEM A
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Paragraph XXXll. Declaration of the City Commission of Winter Sprines.
The City Commission of the 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.
FINDINGS: 1. The applicant, IDC, has petitioned the Development Review Committee and
the City Commission for special exceptions to the Town Center District Code
(Code) as per the Code and the Agreement executed between the City and IDC.
2. The special exceptions requested are:
1) to allow the grocery store anchor a foot print larger than 20,000 square
feet, namely approximately 44,000 square feet;
2) to allow buildings not fronting Main Street (TuskawiIIa Road) and the
drugstore anchor or other contemplated use of the corner of Main Street
and SR 434 to be one story in height provided that the buildings are
constructed to a height of two stories utilizing a parapet wall on all sides to
achieve the vertical scale required in the Town Center; and,
3) to allow the second and/or higher floors in the buildings along Main
Street and at the intersection of SR 434 and Main Street to be unfinished,
shell space until such time that a tenant is found for these spaces. At such
time the upper floors will be finished to satisfY the needs of the tenant.
3. This request meets all the requirements of the Town Center District Code and
the Agreement.
FUNDING: None required.
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RECOMMENDA TION:
The Development Review Committee recommends that the City Commission
grant the special exceptions as requested.
ATTACHMENTS:
A - Development Review Committee Minutes of September 5, 2000
B - Agreement (between City and JDC) less Exhibits D and E. The Town
Center District Code is Exhibit F of this Agreement
COMMISSION ACTION:
September 5,2000
To:
Community Development Director
Assistant to the City Manager
Staff ~
Land Development Coordinato~
From:
Re:
Development Review Committee
Request of IDC Calhoun, Inc.
Special Exceptions to the Town Center District Code
The Development Review Committee convened on September 5, 2000 to consider the request of
IDC Calhoun, Inc., for special exceptions to the Town Center District Code. Attorney Forbes of
Lowndes Droskick Doster Kantor & Reed, P.A., represented the applicant. Staff members
present were Carrington, Cook, Dallas, Grimms, Hall, Lallathin and LeBlanc.
The applicant is requesting a special exception to allow a grocery store anchor building with a
footprint of approximately 44,000 sq. ft. The Town Center District Code limits building
footprints to 20,000 sq. ft. unless a special exception is granted by the Commission.
With the exception of all buildings fronting Main Street (Tuskawilla Road) and the drugstore
anchor or other contemplated use of the corner of Main Street (Tuskawilla Road) and SR 434
which shall be constructed to a minimum of two stories, the applicant is requesting a special
exception to allow buildings on the site to be one story in height provided the structures are
constructed to a height of two stories utilizing a parapet wall on all sides in order to achieve the
vertical scale required in the Town Center. The upper stories of the buildings along Main Street
will initially be shell space to be tailored to the needs of future tenants.
The special exceptions are requested for the buildings on the Kingsbury property located on the
northwest corner of the intersection of SR 434 and Tuskawilla Road.
Motion my LeBlanc, seconded by Grimms that the request be favorably forwarded to the City
Commission for their action.
Motion amended by Carrington to state that the request meets the requirements of Section II,
Paragraph C of the Town Center District Code and the requirements of the Agreement between
the City and IDC, Calhoun, Inc., relating to this particular property. Seconded by LeBlanc.
Vote on the amendment - all aye.
Vote on the initial motion - all aye.
^
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I.'
AGREEMENT
An Agreement made and entered into as of this _ day of August, 2000 by and
among IDC CALHOUN, INC., a Georgia corporation, herein referred to as "IDC," and the City
of Winter Springs, a municipal corporation existing under the laws of the State of Florida, herein
referred to as "City. II
RECITALS
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
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
WHEREAS, pursuant to that certain Purchase and Sale Agreement between Laverne
Kingsbury and June Kingsbury, as sellers, and IDC, as purchaser, dated September 22, 1999, IDC
is the contract purchaser and will be the owner and developer of approximately fifteen (15) acres
of land located within the boundaries of the proposed City of Winter Springs Town Center and
more particularly described on Exhibit "All attached hereto and by this reference made a part
hereof (the IIIDC Property'l), and
WHEREAS, IDC 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 conditions set forth in this
Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and IDC agree to the following:
I. Incorporation 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.
n. 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
including, but not limited to, the Town Center District Code.
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c) "Conceptual Site Plan" shall mean the three phase conceptual site plan which
IDC agrees to permit and develop on the IDC Property under the terms and conditions of this
Agreement and which is attached hereto as Exhibit "B" and fully incorporated herein by this
reference. .
d) "Hickory Grove Park Boulevard" shall mean the planned urban boulevard
running from Magnolia Square west along the entirety of the north boundary line of the IDC
Property, as identified in the Town Center Plan and Town Center District Code.
e) "Hickory Grove Park North/South Extension Street" shall mean the Town
Center Street running from S.R. 434 north along the entirety of the west boundary line of the IDC
Property and terminating at and connecting to Hickory Grove Park Boulevard.
f) "Hickory Grove Park" shall mean the "central park" as identified in the Town
Center Plan and Town Center District Code.
g) "Market Square Parcel" shall mean that portion of the IDC Property as
generally depicted in the Conceptual Site Plan. Market Square Parcel shall consist of
approximately thirtyL one-hundredths (0.30) acres.
h) "JDC" shall mean IDC Calhoun, Inc., a Georgia corporation.
i) "JDC Property" shall mean the real property to be acquired by IDC and located
in the Town Center District, as more particularly described in Exhibit "A" which is hereby fully
incorporated herein by this reference.
j) "Main Street Improvements" shall mean that portion of Main Street on the
Town Center Plan located from State Road 434 north to Magnolia Square (including pavement,
curbs and gutters, and stormwater facilities), as more particularly described in the Town Center
District Code.
k) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs
Town ~enter Master Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, as
amended in February 2000, a copy of which is attached hereto as Exhibit "D" and hereby fully
incorporated herein by this reference.
I) "Town Center District" shall mean the town center area located in the City of
Winter Springs that is depicted in the attached Exhibit "E" which is hereby fully incorporated
herein by this reference.
m) "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 "F" and hereby fully incorporated herein by this reference.
III. JDC Proiect Requirements and Conditions.
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In consideration of the mutual promises and consideration set forth in this Agreement,
IDC intends to permit and develop a three phase Town Center development project on IDC
Property located within the Town Center. IDC agrees to permit and develop the project under
the terms and conditions of this Agreement and the Town Center District Code. The final site
plan approved for the three phase project shall be in substantial conformity with the Conceptual
Site Plan unless otherwise approved by the City during the City's Town Center development
permit process. The City acknowledges that the layout of the Conceptual Site Plan is generally in
accordance with the Town Center District Code. Unless otherwise approved by the City, the final
site plan shall be designed and implemented as follows:
a) The development of the final site plan shall be in three phases as depicted on the
Conceptual Site Plan. Phase I is required to be constructed and shall be constructed in its entirety
and Phases II and III shall be constructed if IDC determines that market conditions permit such
construction. At IDe's discretion, IDC may develop the final site plan in less than three phases if
market conditions permit a more expedited development of the IDC Property. In addition, IDe
may, at its discretion, develop Phases II and III in portions.
b) In accordance with Phase I of the Conceptual Site Plan, the City agrees and
acknowledges that upon IDC complying with the permitting requirements of the Town Center
District Code, Phase I shall consist of: (i) a grocery store anchor building consisting of
approximately 44,000 retail square feet; .cii) not less than 63,840 square feet of additional retail
development at the corner of Main Street and State Road 434 and along Main Street inclusive of
unfinished shell space pursuant to paragraph III(f) of this Agreement; and (iii) a parking ratio of
up to five (5) spaces per 1,000 retail square feet.
c) The drug store anchor which is contemplated to be constructed on the corner of State
Road 434 and Main Street may, at IDC's discretion, be permitted and constructed at another
location along State Road 434. If so permitted and constructed, the drug store anchor will be
included as part of Phase I and another retail use shall be permitted and constructed at the
aforementioned corner in Phase I or Phase II. The City and IDC acknowledge that a restaurant
and/or bank/office use would also be suitable at the aforementioned corner.
-
d) All phases of retail development on the IDC Property, in addition to the grocery store
anchor, may be up to 272,000 retail square feet, unless otherwise agreed to by the parties.
Provided, however, the City encourages development in excess of316,000 retail square feet.
e) IDC shall not permit or construct more than 45,000 square feet of buildings beyond
Phase I of the Conceptual Site Plan unless the next building permitted and constructed is the
northern most retail building on IDC Property along Main Street as depicted on Phase II of the
Conceptual Site Plan ("Final Main Street Building"). The Final Main Street Building may be
permitted and constructed simultaneously with another Phase II building above the
aforementioned 45,000 square foot threshold. Notwithstanding JDC may permit and construct
the Final Main Street Building sooner than required by this paragraph. The City strongly
encourages JDC to permit and construct the Final Main Street Building during Phase I.
f) The City prefers that all buildings constructed on the IDC Property be two (2) to four
(4) stories in height and that each story be suitable for occupancy. To that end, IDC and City
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agree the drugstore anchor (or other use as contemplated herein) on the corner of Main Street
and State Road 434 and the buildings located along Main Street shall be a minimum of two (2)
stories -,- but the second and higher stories may consist of a shell story consisting of finished
exterior walls, roof, windows, and other surfaces and an unfinished interior. All shell stories shall
be designed and engineered so as to accommodate occupancy at a later date. The City agrees that
all other buildings on the IDC Property may be one (1) story occupancy buildings provided that
IDC constructs the buildings to a height of at least two (2) stories in order to achieve the vertical
character and scale required by the Town Center District Code. IDC agrees that such one story
occupancy buildings will incorporate a parapet wall, which the City hereby deems acceptable, or
other architectural feature suitable to the City that visually make the buildings appear to be at least
two (2) story buildings on all sides. However, nothing contained in this paragraph shall prohibit
IDC from constructing full occupancy buildings of two (2) to four (4) stories, where not
otherwise required by this Agreement, if IDC determines that market conditions would allow such
construction.
g) The City prefers parallel parking along Main Street but agrees to construct diagonal
parking as depicted on the Conc~ptual Site Plan to the extent market conditions, in the sole
discretion of IDC, require the additional parking spaces afforded by such diagonal parking. If
said diagonal parking is constructed instead of parallel parking, IDC agrees to donate to the City
the additional right of way which may be needed to construct the diagonal parking. Nothing
contained in this Paragraph III (g) shall prohibit the City from constructing diagonal parking along
Main Street at its sole choosing and discretion.
h) IDC, at its discretion, shall be allowed to delete the buildings depicted on the Phase II
Conceptual Site Plan which are west of the grocery store anchor, provided IDC submits a site
plan, acceptable to the City, that substitutes the buildings with: (i) parking; (ii) a pocket park of
not greater than 1200 square feet (unless a larger pocket park is agreed to by IDC) which shall
incorporate a kiosk, gazebo, pergola, water fountain or similar architectural feature; and (Hi) a
landscape buffer for facilities along the rear of the grocery store anchor. The City agrees not to
unreasonably withhold such acceptance provided the site plan complies with the City Code.
IV. IDe's Initial Oblieations and Conditions.
Upon the Effective Date of this Agreement, IDC agrees to perform the following:
a) Promptly use all reasonable and best efforts to complete the acquisition of the IDC
Property pursuant to its existing contract rights and provide written notice of the acquisition to
the City. However, in the event that IDC does not acquire fee simple ownership of the IDC
Property by the closing date set forth under the terms of the existing purchase contract, then this
Agreement shall be automatically terminated and nullified, in which event the parties obligations
under this Agreement shall be and become null and void and of no further effect. IDC shall
promptly provide the City written notice if JDC fails to close on the IDC Property.
b) Promptly use all reasonable and best efforts to secure a grocery store anchor and a
drug store anchor as contemplated under Phase I of the Conceptual Site Plan. In the event IDC
is not successful in secu~ing both the grocery store anchor and drugstore anchor, JDC shall have
the right to terminate this Agreement by providing prompt written notice to the City. IDC shall
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provide the City prompt written notice at such time IDC has secured each of the grocery store
anchor and drugstore anchor.
c) Promptly commence the design, engineering and permitting of Phase I of the
Conceptual Site Plan. If the City takes final action disapproving the final site plan for Phase I of
the Conceptual Site Plan or any Special Exception listed in Paragraph XII of this Agreement, IDC
shall have a right to terminate this Agreement by providing the City written notice of said
termination within seven (7) days of the City's final action of disapproval.
d) Promptly commence and within ninety (90) days following the Effective Date of
this Agreement submit C\. conceptual stormwater application to the St. John's Water Management
District, and acquire a construction permit for the construction of surface/stormwater drainage
improvements on IDC Property which will be necessary to collect and discharge
surface/stormwater on and from the IDC Property to the City's stormwater system.:. The
construction permit shall be obtained by IDC within twelve (12) months from the Effective Date
of this Agreement or by the date of issuance of the building permits and commencement of
construction for both the grocery store anchor and drug store anchor, whichever occurs later. In
addition, within forty-five (45) days from the Effective Date of this Agreement, mc's engineers
shall provide the City's Utilities Director with estimated surface/stormwater volume and flows
expected to be generated, and discharged to the City's stormwater system, from the complete
bui!~-out of Phase III of the Conceptual Site Plan. mc acknowledges that the City will use arid
rely on these estimates in obtaining a surface/stormwater construction permit as required in
Paragraph V(d) within 12 months from the Effective Date of this Agreement. mc agrees that
City'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
surface/stormwater drainage improvements on mc Property for purposes of providing the City
with reasonable_assurance that the improvements will properly discharge surface/stormwater into
the City stormwater system and that any and all applications and/or submittals to the St. John's
Water Management District will be subject to reasonable and timely review and approval by
City's engineers. City's engineers shall complete said review pursuant to mc's reasonable time
schedule and shall not unreasonably withhold said approval.
V. City's Initial Obligations and Conditions.
Upon the Effective Date of this Agreement, 'the City agrees to perform, at its expense, the
following:
a) Promptly commence the design, engineering and permitting to extend and connect
(ie., "stub in") City water distribution and sewer collection facilities to the boundaries of the mc
Property in order to provide sufficient capacity to reasonably accommodate and guarantee the
level of service capacity required for the Town Center and the IDC Property as developed in
accordance with Phase III of the Conceptual Site Plan. The City shall not be required to extend
either sewer or water facilities into the interior portion of the IDC 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 service required
for the Town Center and JDC Property, as stated above. The City will fully complete such
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design, engineering (100% plans) and permitting not later than twelve (12) months from the
Effective Date of this Agreement.
b) Promptly commence the design, engineering and permitting of Hickory Grove Park
Boulevard and Hickory Grove Park North/South Extension Street. The City will fully complete
such design, engineering (100% plans) and permitting not later than twelve (12) months after the
Effective Date of this Agreement. Provided, however, the obligations of the parties under this
Agreement shall be contingent upon the City successfully entering into a binding purchase
contract to acquire the necessary right-of-way for Hickory Grove Park Boulevard and Hickory
Grove Park North/South Extension Street not later than ninety (90) days after the Effective Date,
failing which, either party hereto shall be entitled to cancel this Agreement by written notice
thereof to the other party given not later than one hundred (100) days after the Effective Date. In
connection with such acquisition and right of termination, the City agrees to furnish IDC copies of
the purchase contract, as amended, relating to such acquisition not later than ninety (90) days
after the Effective Date. The City acknowledges and agrees that IDC shall be entitled to exercise
the foregoing right of termination in the event the terms for closing the final purchase contract are
-' not acceptable to IDC, it being the intention hereof that the purchase contract shall provide IDC
strong assurance that the purchase will actually close in a timely manner and the City will be in a
position to fulfill its obligation to construct Hickory Grove Park Boulevard and Hickory Grove
Park North/South Extension Street. Anything herein to the contrary notwithstanding, the City
shall be obligated to actually close on such purchase transaction not later than the date of issuance
of the building permits and commencement of construction of all or any portion of Phase II of
the Conceptual Site Plan. Notwithstanding, the City shall have the right to terminate the final
purchase contract for Hickory Grove Park Boulevard and Hickory Grove Park North/South
Extension Street if IDC fails to obtain a grocery store anchor and drug store anchor for the IDC
Property.
c) Promptly commence the design, engineering and permitting of the Main Street
Improvements as provided in paragraph VI(b) of this Agreement. The City will fully complete
such design, engineering (1 00% plans) and permitting within 12 months of the Effective Date of
this Agreement.
d) Promptly commence, and within ninety (90) days following the Effective Date
submit, a conceptual stormwater application to the St. John's Water Management District, and
acquire a construction permit for the construction of surface/storm water drainage improvements
to service the IDC Property, as provided in paragraph VI(b), and other portions of the Town
Center within twelve (12) months from the Effective Date. The City agrees that IDC'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 surface/stormwater drainage
improvements and that any and all applications and/or submittals to the St. John's Water
Management District will be subject to reasonable and timely review and approval by IDe's
engineers. IDC's engineers shall complete said review pursuant to the City's reasonable time
schedule and shall not unreasonably withhold said approval. The City acknowledges and agrees
that no retention/detention areas and/or ponds shall be located on mc Property and that no other
portiones) of the City's surface/storm water drainage improvements shall be located on the IDC
Property without JDC's approval, it being the intention hereof that the City's facilities shall
Page (j of _
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accommodate all surface/stormwater from the IDC Property as developed in accordance with
Phase III of the Conceptual Site Plan and that IDC's facilities shall serve to collect such
surface1stormwater for discharge into the City's system. The City agrees that IDC shall have the
nonexclusive right in perpetuity to use the surface/stormwater drainage improvements to
discharge surface/stormwater generated from the IDC Property at volumes consistent with the
Phase III development of the Conceptual Site Plan. IDC acknowledges and agrees that following
installation of such surface/storm water drainage improvements, the JDC Property shall be subject
to an obligation to contribute to the costs of maintenance thereof on the same oasis as other
property owners served thereby under the City's municipal stormwater utility system. Upon
reasonable request of IDC, and as may be reasonably needed by IDC from time to time, the City
agrees to furnish IDC with a written letter or other documentation as customarily provided by the
City to evidence that IDC has the aforementioned discharge rights as provided in this paragraph
V(d) in satisfaction of the requirements of IDC's construction and/or permanent lender and
prospective tenants on the IDC Property. Provided, however, the obligations of the City to
acquire the stormwater construction permit from St. John's Water Management District shall be
contingent upon the City finding suitable property to construct the City's surface/stormwater
drainage improvements which are necessary to serve the JDC Property and the Town Center as
contemplated by this Agreement. Suitable property may be obtained either by successfully
entering into a binding contract with the Seminole County School Board to acquire the right to
use (by easement, license, or ownership) school board property or by using some other alternative
property (not IDC Property) deemed suitable by the City. If the City fails to acquire such
suitable property, either party hereto shall be entitled to cancel this Agreement by written notice
thereof to the other party given not later than one hundred eighty (180) days after the Effective
Date.
VI. City's Conditional Oblig:ations.
Upon IDC purchasing the IDC Property and obtaining building permits and commencing
construction for each of the grocery anchor and drugstore anchor, the City agrees, at its expense,
to perform the following upon completion of the applicable design, engineering, and permitting
set forth in Paragraph V ofthis Agreement:
a) Actually commence, and within twelve (12) months thereafter fully complete, the
construction of facilities and improvements to extend and connect (i.e., "stub in") City water
distribution and sewer collection facilities to the boundaries of the IDC Property as provided for
in paragraph yea) of this Agreement. The City shall not be required to extend either sewer or
water facilities into the interior portion of the IDC Property unless agreed upon in future written
developer agreements. The City also agrees that no special City water or sewer connection charge
or assessment will be applied to the IDC Property for purposes of reimbursing the City for the
expense of extending and connecting the City's water distribution and sewer collection facilities to
IDC Property as described above; provided, however, individual users within the IDC 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-
wide" water and sewer capacity.
b) Actually commence, and within twelve (12) months thereafter fully complete, the
Page 7 of _
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construction of facilities and improvements comprising the Main Street Improvements. The City
shall, as part of the construction of the Main Street Improvements, install surface/storm water
drainage improvements sufficient to accommodate all surface/storm water drainage from Main
Street and from the IDC Property, as developed in accordance with the development of the entire
Phase III Conceptual Site Plan.
c) At such time as IDC, or its successor or assigns, obtains building permits and
commences construction of a building or buildings beyond Phase I of the Conceptual Site Plan,
actually commence, and within twelve (12) months thereafter fully complete, the construction of
Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street.
In addition, IDC agrees to provide the City with at least ninety (90) days written notice of
its scheduled construction commencement date of both the grocery store anchor and drug store
anchor and Phase II construction for purposes of giving the City a reasonable opportunity to
publicly bid the City construction projects contemplated in this paragraph VI so that construction
can be completed in a timely manner. Failure by IDe to provide timely notice will extend the time
the City has to complete the construction by the number of days the notice was determined by the
City to be untimely.
Vll. Conveyances from IDC to the City.
a) IDC agrees that at such time as IDC shall have obtained building permits for and
commenced construction of each of the grocery anchor and drugstore anchor users as
contemplated in this Agreement, IDC will convey to the City fee simple title to (i) the Market
Square Parcel, and (ii) the eleven (11) foot wide strip ofland needed for right-of-way and other
municipal purposes, as legally described on Exhibit "C" attached hereto and by this reference
made a part hereof
b). IDC also agrees to convey public rights of way and easements and public
improvements to such public rights of way and easements which are incorporated by IDC and
approved by the City in a final site plan and which are similar to those depicted in the Town
Center District Code and located on IDC Property. Any such conveyances shall occur at such
time, an-d as part of a City approved IDC development, in a manner in which similar conveyances
are required in connection with similar developments within the City.
c) If during the final permitting process of Phase I of the Conceptual Site Plan IDC
desires diagonal parking along the south boundary of Hickory Grove Park Boulevard and/or along
the east boundary of Hickory Grove Park North/South Extension Street, IDC agrees to convey
fee simple title to a ten (10) foot wide strip ofland, along the south boundary of Hickory Grove
Park Boulevard and along the east boundary of Hickory Grove Park North/South Extension
Street, needed for each diagonal parking area. The conveyance shall occur prior to
commencement of construction of Hickory Grove Park Boulevard and/or Hickory Grove Park
North/South Extension Street. Notwithstanding, IDC's request for diagonal parking shall be
made no later than the date the City has reached 50% design and engineering of Hickory Grove
Park Boulevard and Hickory Grove Park North/South Extension Street. Provided IDC's request
and conveyance are timely made, the City shall construct such diagonal parking.
Page X of _
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VIT. Inclusion of Property in Town Center District.
IDC consents to the inclusion of the IDC Property into the Town Center District subject
to the terms and conditions hereof.
VITI. Adoption of Town Center District Code.
IDC hereby consents to the adoption of the Town Center District Code and its
applicability to the IDC Property subject to the terms and conditions hereof.
IX. Future Land UseChan2e.
IDC and the City acknowledge that the future land use designation for the IDC 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. The City
shall 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. .
X. Dia2rams/"IlIustrative Purposes Only".
Except for Market Square Parcel, Hickory Grove Park Boulevard, Hickory Grove Park
North/South Extension Street, Main Street, and other components of the Town Center expressly
agreed to in this Agreement, the City hereby acknowledges that all diagrams and graphics within
the Town Center Plan and the Town Center District Code, which are depicted on IDC Property,
are for "illustrative purposes only" and are intended only to illustrate the intent and concepts of
the Town Center District Code. Nothing in this section shall be construed as relieving IDC of the
requirements of the Town Center District Code.
XI. Periodic Review.
This Agreement shall be subject to periodic review by the parties. Periodically, the City
and IDC 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.
xu. Cooperation.
IDC and the City shall cooperate fully with each other to effectuate the terms, conditions
and intentions of this Agreement. In connection with City.. development permit approvals
necessary to effectuate the Conceptual Site Plan including, but not limited to, special exceptions
under the Town Center District Code (particularly the Large Footprint Building for the grocery
store anchor and one story buildings with parapet and two or more story buildings with unfinished
second or higher storiesJ, the City agrees to process JDC's development permit applications in
Page 9 or _
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good faith and in a prompt, diligent manner. The City acknowledges that obtaining special
exceptions for the Large Footprint Building for the grocery store anchor and for the one story
building" with parapet and unfinished second or higher stories is pivotal to IDC developing the
Conceptual Site Plan and the City will fully cooperate with IDC to obtain approval of the special
exception under the Town Center District Code.
XID. Authoritv.
Each party hereby represents and warrants to the other that they have full power and
authority to enter into this Agreement. IDC also represents that it is duly authorized to bind the
IDC Property to the ternlS and conditions contained in this Agreement. JDC also represents that
all legal and equitable title to the JDC Property will be vested in and held by IDC upon closing of
the existing purchase contract for the JDC Property. The 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.
XIV. Notic~s.
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:
IDC: Mr. Shane Doran
Vice President
IDC CALHOUN, INC.
clo The James Doran Company
1051-H Johnnie Dodds Blvd.
Mt. Pleasant, SC 29464
Phone: 843-881-7550
Fax: 843-849-6765
With copy to:
Chip Carrington, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, Florida 32801
Phone: 407/843-4600
Fax: 407/423-4495
City:
Ronald W" McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Page 10 of _
Winter Springs, Florida 32708
Phone: 407-327-5957
Fax: 407-327-4753
With copy to:
Anthony A. Garganese, Esquire
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
XV. Defaults.
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' performance
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 of the 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.
XVI. Successors and Assiens.
This Agreement shall automatically be binding upon and shall inure to the benefit of the
successors and assigns of each of the parties.
XVll. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida.
xvm. Amendments.
This Agreement shall not be modified or amended except by written agreement duly
executed by both parties hereto.
XIX. Entire Aereement.
This Agreement supersedes any other agreement, oral or written, and contains the entire
agreement between the City and JDC as to the subject matter hereof.
XX.
Severabilitv.
If any provision of this Agreement shall be held to be invalid or unenforceable to any
. extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or
Page II of _
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enforceability of the remainder of this Agreement.
XXI. Effective Date.
This Agreement shall become effective upon approval by the City Commission of Winter
Springs and execution of this Agreement by both parties (the "Effective Date").
XXII.
Recordation.
A short form memorandum of this Agreement and any amendments hereto shall be
recorded in the public records of Seminole County, Florida and shall run with the IDC Property.
The memorandum shall be in a form mutually acceptable to the City and IDC and shall promptly
be recorded at such time IDC receives a deed conveying the IDC Property to IDC pursuant to the
existing contract to purchase the IDC Property. The memorandum shall include the legal
description of the real property described in Exhibit "A" (the "IDC Poperty").
XXID. Relationship of the Parties.
The relationship of the parties to this Agreement is contractual and IDC 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.
XXIV.
Soverei2'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.
xxv.
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.
XXVI. Force 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.
Page 12 of _
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XXVll.
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. Any reference in this Agreement
to a whole paragraph number (e.g., paragraph V) shall also include all subparagraphs set forth
below the whole paragraph number (e.g., V (a), (b), (c), and (d)).
XXVllI.
Permits.
The failure of this Agreement to address any particular City, county, state, and federal
permit, condition, term, or restriction shall not relieve JDC or the City of the necessity of
complying with the law governing said permitting requirements, conditions, term, or restriction.
XXIX. Third Party Ri2hts.
This Agreement is not a third party beneficiary contract and shall not m any way
whatsoever create any rights on behalf of any third party.
xxx.
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.
XXXI. Conveyance of Market Square Parcel and Other Property by me.
All real property conveyances made by JDC to the City pursuant to this Agreement shall
be made by special warranty deed and free of all mortgages, liens, and other title matters which
would unreasonably interfere with the City's use of the Market Square Parcel and other property
conveyed for the purposes contemplated under this Agreement and the Town Center District
Code.
xxxn~
Declaration of the City Commission of Winter Sprin2s.
The City Commission of the 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.
XXXIII.
Conflict with Town Center District Code.
To the extent there are any specific conflicts between the provisions of the Town Center
District Code and this Agreement, the parties agree that the provisions of this Agreement shall
Page 1:3 of _
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control as if approved by the City Commission as a special exception pursuant to the Town
Center District Code.
IN WITNESS WHEREOF, IDC and the City have executed this Agreement in fann
sufficient to bind them as of the day and year first above written.
WITNESSES:
r{)"1&r() r/}~
Print N~e: n7uJly m. nl)or-lO(1
f/O)' 1.., '. C:. '1'1" 1-1
. [/...l((.> J ~ Ti '-,
Print Name: 'i~("' ':J(' ( " C. ,-,.,'.,,-J.\
By:
S
an, Vice President
r~d M trf --=-,
.pont Name: .If?""A t:.? b</. "n '<r~4
\/
Paul P. Partyka, Mayor
~ .;e' c- .~_ ~
Prfln Name: ~4'M.Ie< ~01~
'S(klTl-J CAR.OLl~A
STATE OF FLORIDA
COUNTY OF CI-fRI?L.fSI'OIJ
The foregoing instrument was acknowledged before me this
('
)
day of August, 2000
Page 14 of _
by Shane Doran, Vice President of JDC Calhoun, Inc., a Georgia corporation, who executed the
foregoing instrument and acknowledged before me that he executed the same for the uses and
purposes therein expressed and who is personally known to me or who has produced
/ -. as identification and who did not take an oath.
'-J ( ~r
./ .'.- -- , !
~'J .-' /.-):_'(" / -. ( , II j, j \
oJ ',' "_ \. ..... 'f ..._'... '-..
NotaIy Signature
My Commission Expires 4-30-=2008
(Notary Seal)
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this J4-.\-I...- day of August, 2000
by Paul P. Partyka, Mayor of the City of Winter Springs, who is personally known to me and
who did not take an oath. _ '~_ _ 1-_, J-'_..- \
U ~L,-, L) L- -- :,
Notary S~,
(Nota
ANDREA LORENZO-LUACES
MY COMMISSION" CC 831931
EXPIRES: May 9. 2003
l-acx;>-3<M;lTA/lY FIa NoIaty Semce & Bon<ing Co.
Page 15 of _
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03/31/00 FRI 15:09 FAX
.
EXHIBIT "A"
.
PLA. OF SURVEY FOR L. W~ KfN~-vRY
ORLAN_OO~ FLORIDA
OEseRI PT ION -
ALL UNPLaTTED PART OF BLOCK "8". TH~T. I~ OK TH~ EAST SIDE- 0' OV~EOO--
. SANFORD -SRICK RO,AO OF' O. R. MITCHI:LL!S SURVEY OF THE LEVY GRAN" ON LAKE
JESSUP, ACCORDING TO THE.PLAY T~EREOF' AS RECORDED IN PLAT 800K I. PACt
5, OF' "rHE PU8LIC RtCOROS_ OF SEMINOLE COUNTY. FLOR,IOA;' Ltss BEGIN AT TH&:
INTERSECTION 0' THE EASTERLY R,GHT- 'OF - WAY O~ THE SAN'ORD - OVIEOO
ROAO ANO-THE NORTHERLY LINE OF THE UNPLOTTED PA~T 0' 8Alo'BLOCK "Bn. RUN
s. 39050' I S"E. AL ON_C THE EAST ERt. y RIGHT - OF' - VA Y OJ:", SANI"O"O - Ov I too
ROAD 520 FEET,' THENCE N.SOo09'4S"E. 33S.54 FEET'TO 'THE NORT~'lINt OF
THE UNPLOTTED PART -OF' 8AI0 BLOCK "8", YH(NC~ N.12040'IS- W. ALONG 81010
NORTH LINE 618.a6~[ETTO THE POINT O~ 8E~IHNIMG. '
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SURVEYO~ 873
O~ PLATTEO RO~O Ly,~G NORTHERLY OF THE ~!OVE OESCR'ISE~
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Site Plan
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EXHIBIT "C"
LEGAL DESCRIPTION
The east eleven (I I) feet of the following described property:
ALL UNPLOTTED PART OF BLOCK "B'\ THAT IS ON THE EAST SIDE OF OVEIDO-
SANFORD BRICK ROAD OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LESS
BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF THE
SANFORD OVIEDO ROAD AND THE NORTHERLY LINE OF THE UNPLOTTED PART
OF SAID BLOCK "B", RUN S.39050'15"E. ALONG THE EASTERLY RIGHT-OF-WAY OF
SANFORD-OVIEDO ROAD 520 FEET, THENCE N.50009'45''E 335.54 FEET :rO THE
NORTH LINE OF THE UNPLOTTED PART OF SAID BLOCK "B", THENCE
N.72040'15"W. ALONG SAID NORTH LINE 618.86 FEET TO THE POINT OF BEGINNING.
LODOCSO 1\365794\1
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. .
TOWN CENTER DISTRICT CODE
TABLE OF CONTENTS
I. INTENT
I. Intent ............................................................... p.l
n. 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
ID. Definitions ....................................................... p.4.
IV. Permitted Uses.................................................. p.5
V. General Provisions ............................................. p.7
A. Comer 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.IO
B. "In Our Generation" Drawing .............:. p.IO
C. Squares, Parks, and Streets Map .......... p.ll
Squares and Parks ........................ p.12:
Street 1'ypes .................................. p.18
VII. Building Elements ....................................... p.26
VITI. 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 th8t 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 AllanB.Jacobs;
The New Urbanism: Toward an Architecture of Communi tv. by
Peter Katz;
AlA Graphic Standards. 9th Edition:
The Lexicon of the New Ufbanism. byDuany et a1, Congress for
. theNewUrbanism; .
Shared Parking, by Barton-Aschman Associates, The Urban
Land Ins titute
This document repeals the Town Center Overlay Zoning District.
Regulations ofJune 9, 1997 (Ordinance #661) and Septeinber 8,
1997 (Ordinance #676). Should any conflict arise between the
provisions of this Code and other local land development
regulations for the City ofWmter 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 comer 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 EI~ents and Architectural .
Guidelines which contain specific rilles for buildings.
Town Center District Code
)-. U. 1999
Page 1
,0'
II. Administration
T
;.
-- - - .. -.-
Interpretation of the standards in thisc04e shall be,the
responsibility of the City's Development Review
Committee (DRC). The "In Our Generation" Illustrative
Buildout Drawing on p.l 0 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 ~h.l!'~tive purposes only. The accompanying
text and numbers are roles 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 Prelimihary 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
-. DistrictBoundary
- - 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
DevelQpment for review: .
1. A current Site Survey, no more than 1 year old..
2. A current Tree Survey, no m()re 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 locati<;m diagram & legal description; and .
e. Signage. .
4. Building Elevations illustrating all sides of structures
fa~ing 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).
6. Other reasonable'supporting documents to indicate
intentions and/or any ()ther items reasonably reqUired by
the Development Review Committee.
Town Center District Code
_11.2IlIlD
Page 2
Procedure for Special Exceptions:
I. 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 rev:iew 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
applkation 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 offsite
improvements directly related and proportionate to '.
the specific impact of the request, or further
review(s) and approval by the Development Review
Com m iUee. .
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 ~aive
strict compliance with provisions ofthis 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 Wmter
Springs Town Center Master Plan.
D. Site Dev~lopment Agreement Option:
The City may enter into a Site Development Agreement
with the user or developer of a property, relating to .
development ora 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 Horne Rule Powers Act or
Sections 163.3220 through 163.4243, Florida Statutes, as
~o 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 Wmter
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 arid land uses not
currently allowed, or permitted by the City's
Comprehensive Plan.
'_0 It ~1l1
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 ofland 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 ORe
at the time of application.
Building Frontage: the ~ertical 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-
o~ered, and which maximize the shared real estate
amenity.
Building Width: the distance from one side ofa
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.
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, andsupport
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"
op.ening 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 I 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
a-c- Il. IY'YI
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
service
Confectionery and ice cream stores
Convention center .
Corner store' or neighborhood .c.onvenience 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 are~ 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 broadcastil1g studios, excluding
towers
Radio and TV sales ap.d 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
cosm;tology, medical and dental assistant's
training)
Shoe repair shops
Sidewalk cafes
Snack shops ..'
Sporting goods, r.etail
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
t-ol!.,;t.nl
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
speci fically limited to other zoning districts
within the City and is consistent with those
included above, and further, 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
Corner 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)
"-<'11. !l'"
Town Center District Code
Page 6
v. General Provisions
The following general proV1S10~S apply to all
Street Types.
A. Corner Radii & Clear Zones:
Corner 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 corners, 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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B. Alleys:
Alleys are required in the town center to minimiie
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
pwpose. Additional curb cuts shall be added only ,
with the pennission of the Development Review
Conuni ttee. 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. Fu-st 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
&erviu 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
specialarchitectural statement, ciVic buildings are
not subject to Build-to Line requirements or
Building Frontage requirements. 1b~ design of
civic buildings shall be subject to review and
approval by the Development Review
Committee.
Town Center District Code
1_ U.1DOO
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'x.20' 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 paiallel 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 Placeml!nt
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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Frontage 5trea
.
Comer lots that have both rear and side access
shall access parking through the rear (see diagram
below).
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, 4 . Frontage Street. . .
Circular drives are prohibited except for civic
buildings.
. .
Garage door(s) 'shali be positioned no closer .to
streets, squares or parks than 20 feet behfud the
principal plane of the building frontage. Garage
doors facing streets, squares or p.arks 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
_'1.1DOO .
Page 8
6. Parking Lot Lan dscaping 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. .
l
6ft..mln.
T
a. Buildings may be one story in height on any
frontage except Main Street and Market
Square, but shall be at least 24 feet in height.
This. may be accomplished with Liner
Buildings or higher ceiling heights and! or
parapets.
b. To encourage use by pedestrians and decrease
the need for solelyauto-oriented patronage,
Large-Footprint Buildings must reinforce the
urban character of the Town Ce.nter and shall
therefore continue a connected system of
walkable street frontages.
c. Buildings are exempt from maximum lot size
restrictions, however building footprints may
not be larger than a single block.
d. Loading docks, service areas and trash
disposal facilities shall not faCe streets, parks,
squares or significant pedestrian spaces.
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Large Footprint Buildings are Wrapped in a
liner .of smaller buildings with doors and
windows facing the~treet.
In lieu of landscape strips, landscape islands can
be provided. No more than 6 consecutive parking
stalls are permitted without a landscape island of
at least 6 feet. in width and extending the entire
length of the parking stall.. A minimum of one tree
shall be planted in each landscape island.
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 location~ 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 ~se 'of the
property .
L. Large Footprint Buildings:
K. Single vs. Double Loaded Roads:
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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: baclct10w devices, electric meters
and,air conditionllg units. .
Town Center District Code
_U._
Page 9
VI. SQUARES, PARKS, AND, STREET TYPES:
. Particular details of the illustrative Buildout Drawing
Development under this code is regulated by. and other sketches, illustrations, drawings and
street type. The squares, parks, and streets are diagrams contained herein are subject to change, at
related to each other in a hierarchical manner. the request of the affected property owner, with
When these spaces intersect, the primary space is approval by. the Development Review Committee
determined by its higher order in the hierarchy. and, if required below, with the approval of the City
The front of a building and its main entrance must Commission. Such details may include the location
face the primary space. dimensions, quantity, configuration and design of the
following components of the Winter Springs Town
A. Hierarchy of Squares, Parks, and Streets: Center:
. Squares and Parks
. MainStreet
. SR 434 Frontage R~ad
. Urban Boulevard
. Town Center Street
. Edge Drive
.. Neighborhood Street
. Trail Street
. Neighborhood Lane
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With approval by DRC and final approval by City
Commission:
1. Streets, roads and alleys (including any boulevard,
drive or lane) and the ~ework 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 exisqng Central Winds Park. It is
the intent that squares, parks and open spaces should
remain open and unbuilt (exceptfor civic buildings).
Alleys are covered under General Provisions, as
they are never fronted by main structures. .
On the following pages, diagramma,tic examples
are us~ to illustrate example building locations,
configurations, and dimensions. The
accompanying numbers and text are rules; the
Town Center District Code
_11. JOOII
Page 10
C. S'quares, Parks and Streets Map
Legend
~'l~ Squares and Parks (pp.l2-l7)
- Main Street (p.lS) .
- SR 434 Frontage Road (optional) (p.l.9
Urban Boulevard (p.20)
- Town Center Street (p.21)
Edge Drive (p.22) .
- Neighborhood Street (p.23)
- Neighborhood Lane (p;2S)
1
. · . · · Cross Seminole Trail Routes
Town Center District Code
J-.. I:' ~.'I
Page 11
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1. Market Square
This square is the window irito 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) R.O.W.line
Space Between
Buildings:
10 ft. maximum
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B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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Bldg. Depth:
125 ft. maximum
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Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
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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 ORe 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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TIlis illustration depicts the character intended for
Market Square.
. Focal fountain terminates the mixed-use main street.
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Town Center District Code
_ II. :zoao
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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B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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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 bakony.
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 aligrnnent of floor-to-floor heights of abutting bui).dings is
encouraged to allow for shared use of elevators. .
Bldg. Depth:
.; '\.:":
~
125 ft. maximum
.:.... ,",.
',:\ ....~I,
.' '..,../.,\J/~.
\',:>':":. ,~A'
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
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A focal fountain termina~
streets intersecting the square.
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This illustration ~epicts the character intended
for Magnolia SqUare.
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Town Center District Code
8' 12'
Mini - "SJaeWaIk-- .
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'-II. 2llOO
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
Ovic Site
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Bldg. Depth:
125 ft. maximum
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Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
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C. Notes:
1. Appurtenances may extend beyond the height limit.
2. Allpermitted 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.
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r..-_'_~id~~'i_ Ming ~_..- -- . ._-:.~~~-._: ~.l_.' -:':h:~~;rt;~~..-.~ .__~.Rhlg'~-~'-=::-_~.~~... _. Paro.ig-:-sidewalk
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· In the event ORe approves diagonal parking instead ofparallei parking. this dimension shall be.shall be IS'
Town Center District Code
PI.
_II. JOOO
Page 14
4. Lake Trail Park
This neighborhood park gives trail users
a window into the Town Center and gives
residents access to Lake Jessup. .
B. Building Volume:
Bldg. Width: 16 ft. minimum.
160 ft. maximum
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A. Building Placement:
Build-to-line location: 0 to 10ft. from
(fypical) R.O.W.line
Bldg. Height: 2 stories minimum
4 stories maximum
55 ft. maximum
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Bldg. Depth: 125 ft. maximum
Space Between
Buildings:
35 ft. maximum
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· In the event ORe approves diagonal parking instead of parallel parlcing. this dimension shall be shall be IS'
Town Center District Code
'- 12.2000
Page 15
. '.... -----
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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
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....: " .
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B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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" .,
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Bldg. Depth:
Bldg. Height:
125 ft. maximum
'i.':'::,,~'l'
2 stories minimum
4 stories maximum
55 ft. maximum
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.....~J:, .~;~~....
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Specific design of tree plantirig and landscaping layouts in and along
this space shall be subject to DRe approval.
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· In the event ORe approves diagonal parlcing instead ofp8Jllllel par1cing, this dimension shall be shall be 18'
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green
Town Center District Code
'-ll.lOOO
Page L 6
6. Neighborhood Squares
These small squares are distributed
throughout the Town Center, providing
frequent focal points and places of
inter~t.
A. Building Placement:
Build-to-linelocation: 0 to 10ft. from
(fypical) R.O.W.line
Space Between
Buildings:
35 ft. maximum
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. ---~..
B. BuildingVolurne:
Bldg. Width: 16 ft. minimum
160 ft. Maximum
Bldg. Depth:
125 ft. maximum
Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
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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 ORe approval.
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
Town Center District Code
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_ 12. ZOOiI
Page 17
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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 Titskawilla
Road north of Magnolia Square.
A. Building Placement:
Builq.-ta-line location: 0 ft. from
(TypiCal) " RO.W.line
Space Between
Buildings:
10 ft. maximum
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B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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Bldg. Depth: 125 ft. maximum
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Bldg. Height 2 stories minimum
4 stories maximum
55 ft. maximum
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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. The alignment of floor-ta-floor heights of abutting builc;!ings is
encouraged to allow for shared use of elevators.
v"- Build-to Line
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Town Center District Code
_ U. lOOO
Page 18
8. SR.434 Frontage Road
This frontage road completes the B. Builcling Volume:
transformation of SR 434 into 'a Bldg. Width: 16 ft. minimum.
boulevard and allows local. traffic to 160 ft. maximum
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 witltin
the Town Center without using SR. 434,
on-street parking along SR. 434, and
reasonably unimpaired pedestrian
. movement.
. A. Building Placement:
Build-ta-line location: 0 ft. from
(Typical) . 'R.O.W.line
Space Between
Buildings:
35 ft. maximum .
:: :~:'..; ;";X.~';"': : ~~
Bldg. Depth:
125 ft. maximum
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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 allow~ 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 o(paralleI parking.
" 6. The alignment of floor-ta-floor heights of abutting buildings is
encouraged to allow for shared. use of elevators. .
This tree is optional,
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· In the event ORe approves diagonal parlcing instead
of parallel parking. this dimension shall be shall be 18'
Town Center District Code
_12.1000
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.
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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Bldg. Height:
2 stories minimum
4 stories maximum
55 ft. maximum
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Bldg. Depth:
125 ft. maximum
A. Building Placement:
Build-to-line location: 0 ft. from
(fypical) R.O.W. line
Space Between .
Buildings:
40 ft. maximum
C. Notes:
1. Appurtemmces may extend beyond the height limit.
2. All permitted uses are allowed on all floors.
3. Tree spacing shall be op.timized 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
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· In the event ORe approves diagonal parlcing instead
of paralld paricing. this dimension shall be shall be 18'
. Town Center District Code
_ n. JllDO
Page 20
'.':":;,:" ,"
10. 'Town Center Street
Town Center Streets form the primary .
"'1etwork of streets within the Town
'::enter. Parallel parking on both sides of
:he street combined with wide sidewalks
:reates a safe inviting place for both
pedestrians and motorists. 12' wide
'iidewalks with tree wells are preferred,
;'ut 6' sidewalks with 6' green strips are
also acceptable.
A. Building. Placement:
Build-ta-line location: 0 ft. from
(Typical) R.O.W.line
Space Between
Buildings:
35 ft. maximum
B. BUilding Volume:
Bldg. Width: 16 ft. minim1,1ID .
160 ft. maximum
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..:.... ,.
" ..~:., ~...;.t:~
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. ....
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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 bl.:!yond the height limit.
2. All pennitted 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-ta-floor heights Of abutting buildings is
',encouraged to allow for shared use of elevators.
I - Build-to Line
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· In the event ORe approves diagonalparlcing instead
of parallel parlcing. this dimension shall be shall be IS'
Town Center District Code
_11,2000
Page 21
.... .~----
The Edge Drive provides public access .
along the natural boundaries of the town
center. Occasionally running paraIlel to
the Cross Seminole Trail, this street has
the fronts of its buildings positioned to
face the trail and scenic open spaces.
B. Building Volume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
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11. Edge Drive
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Bldg. Depth: 125 ft. maximum
A. Building Placement:
Build-to-line location: 10 ft. from
(Typical) R.O.W.line
Bldg. Height 2 stories minimum
4 stories maximum
55 ft. maximum
Space Between
Buildings:
50 ft. maximum
C. Notes:
1. Appurtenances may extend 1?eyond the height limit.
2. All permitted uses are aUowed on all floors.
3. Tree spacing shall be optimized for the species used, in consultation
with the Oty 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
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· In the event ORe approves diagonal parking instead
of parallel parking. this dimension shall be shall be IS'
Town Center District Code
_11.1IlIIO
Page 22
12.N eighborhood
The Neighborhood Street is a quieter,
more intimate street. Build-to lines are
5et 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.
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Street
B. Building Volume:
Bldg. Width: 16 ft. minimum .
160 ft. maximum
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. 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.
L---/ Build-to Line
I
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t 1 0' : 6' 6' ~ S'.
~_. -----.0:-..--.1.--- ..-
10' I 10' '! S'. 6' 6; 10' \
--"----- -- .-.....--. ----
.. -
.__20' ~O.W~, _ ._... _._.. .. '_'_
PI.
PI.
;:;~~:!tt~~H.~'
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· In !he event ORe approves diagonal parting instead
of parnllel parlcing. this.dimension shall be shall be IS'
Town Center District Code
_11, :zooo
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
Conunission. 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.
B. BuilctingVolume:
Bldg. Width: 16 ft. minimum
160 ft. maximum
Bldg. Depth: 125 ft. maximum
Bldg. Height 2 stories minimum
4 stories maximum
55 ft. maximum
A. Building Placement:
Build-ta-line location: O.to lOft. from
(Typical) RO.W.line
~..
..; .. ~
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. ... . -'>.i:n~t~~
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2:~i;;:':';,!~I' '\:fj
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~::~:~ ~~2~:,t:.
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 Oty Arborist. .
4. The alignment of floor-to-floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
Space Between .
Buildings:
50 ft. maximum
I............ Build-toLine
I
I
I
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. ._.__ 78' R.p.W... ....
. ~Q'_. .__ _ . ._.____e~: --1Q:... ; . 10' ~ e'.. ___ ~:_._ 6'
..
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Pl
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..,....."..,..~..: ''11 . .... 1
;;~~~t~f~~~~;}I~'/;/.i.: ,
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0 0.. 0
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8'
· In the event ORe approves diagonal parking instead
of parallel parlcing. this dimension shall be shall be 18'
Town Center District Code
_ u. zooa
Page 24
14. Neighborhood Lane
B. BuilclingVolume:
Bldg, Width: 16 ft. minim\,lII\ ,.
160 ft. maximum
I.
The Neighborhood Lane is a "give way"
street. This means it is designed with
traffic calming in mind. With parking on
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
'h_h"'_'~""" .. ..._" _, '.:"'-: '".,:!'.~
. ,~~-':/{..
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Bldg. Depth:
Bldg. Height
125 ft. maximum
~i;"'~~-~':l
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.: ......
2 stories minimum
4 stories maximum
55 ft. maximum
'r:"~
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::~:~-;~;:;" .
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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 Oty 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. h
V Build-to Line
I
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.t-... ~Q'.,_U'~__~~ ----1~~~' LJ-<L..~
. !' '. 50' R.Q.W._ .___ _h' _,. ~
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~ ~
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'i':""!'<':"'~~':':'1 j....l;,... . ,
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Town Center District Code
'- 11. 2lIOO
Page 25
. VII. Building Elements
A. Awnings & Marquees:
.~"~(i(
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Depth = 5 ft minimum.
Height = 'lOftminimumclear.
Length = 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 c.urb line. . '
Balconies I?ay h~v.e roofs, .but are required to be
. open, un-arrcondlooned parts ()fthe buildings.
Oil corners, balconies may wrap around the side
. of the building facing the side street. . ,
Town Center District Code
_ 11. lDOll
Page 26
C. Colonnades I Arcades:
.h:
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Depth =
Height =
Length =
lOft minimum from the build-to line
to the inside column face.
lOft minimum clear.
75-100% of Building Front.
Open multi-story verandas, awnings, balconies,
and enclosed use able space shall !:>e permitted
above the colonnade. .
Colonnades shall only be constructed where the
minimum depth can be obtained. COlonnades
sh811 occur forward of the Build-to Line and may
encroach within the right-of-way, but shall not
extend past the cUrb lin.e..
On corners, 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
. arid/or balconies above.
Front Porches shall occur forward of the Build-to
Line. Porches shall not extend into the right-of-
way.
. Front' Porches are required to' be, o~ 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
_ 12. zooo
Page 27
E. Stoops:
. . :\~;
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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
".. \1. llIOO
Page 28
'VIII. Architectural Guidelines
The lists of permitted materials and
configurations come from study 'of tr~ditional
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 traditioilal assembly of genuine
materials.
General Requirements:
The following shall be located in rear yards or
sideyards notfaci.i1g 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 yard~.
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 inopeTable shutters;
* Clotheslines';'
· Clothes DryUlg Yards;
* Satellite dis.h 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 li~ barbed wire, or
. plain wire mesh.
A. Building Walls
J. General Requirements.
Required for all buildings except single family
houses:
An expression line shall delineate the division
between the first story and the s~nd 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 inch.es.
o
,~.~ .~
-=~ ~~~ ~~
Desirable
Undesirable.
2. Permitted FiniSh .Materials
Cornice
Expression line
projects enough to
create a shadow line
Tacked on MInsard roof
. 'Expression line covered
by awning
· Concrete masonry units with stucco (C.B.S.)
* Reinforced concrete with stucco '
* "Hardie-Plank."siding '. ,
· Wood (tennite resistant): painted white, left
natura1( cypress and cedar preferred), or
painted! stained with colors approved by the
Development Review Committee.
'" Brick
Town Center District Code
"- n. 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.
- .. - . . - .. - .. .... ~. . _. . - 00" _.. I
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Prope~y . ~ : ;
Une ~ . ~~1'HA" "" . ~.. - . . - . .
Dkltance great.er Front of f)ulldlng
Curt> ~ than 6 ~ .
.. Fronuge 5trut .
t
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+.
"'Height:
Front Yard: maximum height of 48 inches.
pillars and posts may extend up to 6 inches
more, to a heiJdlt 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. C.olumns, 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), paintedor
natural
Cast Iron
. Concrete with smooth finish
'" Arches:
Concrete Masonry Units wj.th Stucco
(C.B.S.)
Reinforced Concrete with StucCo
Brick
.Piers:
Concrete Masonry Units with Stucco
(C.B.S.)
Reinfor~ Concrete with ' Stucco
Brick
*Railings & Balustrades:
Wood (termite resistant), painted or
natural .
Wrought Iron
3. Permitted Configurations
· Columns:
Square, 61t minim~'with or without
capitals and bases
Round, 6~ minimum outer diameter,
with or Without capitals and bases
Classical orders
· Arches:
, Semi-circular & Segmental
.Piers:
81t minimum dimension
.Porches: .
Railings 2-3/4" minimum .diameter
Balustrades 4" minimum spacing, 6"
. .
maxImum spacmg.
· Wood:
'Picket Fences: minimum 30% opaque, wI-
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
_ U. 1000
Page 30
D. Opacity & Facades:
Each floor of any buildin~ facade facing a Park,
square or street shall contam transparent windows
covering from 15% to 70% of the 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 tnmsparent
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.
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CORNICE.
WindOw HoocIsfLinlels ..
UPPER FACADE
Masonry Pier
EXPRESSION LINE
Tl1lnsom
STOREFRONT.
Disp~y Window ..
Bullchead
E: Roofs & Gutters
1. General Requirements
*Pennitted 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) atoverhangs are
strongly recommended.
*Downspouts are to match gutters in material
and finish.
2. Permitted Finish Materials
*Meta1:
Galvanized
Copper
Aluminum
Zinc-Alum
. *Shingles:
Asphalt or Metal; II dimensional " type
Slate
Cedar shake
*Tile:
Clay, Terra cotta, Concr~te
* Gutters:
Copper
Alumirium
Galvanized Steel.
3. Permitted Co.;jfigurations
*Metal:
Standing Seam or "Five-vee," 24"
maximum ,spacing, panel ends exposed
at overhang
* Shingles:
Square, Rectangular, Fishsca1e, Shield
*Tile:
Barrel, Flat, French
* Gutters:
Rectangular section
Square section
Half-round section
Town Center District Code
_11..2000
Page 3 1
.. 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 Wmter 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
-=--
Mil.
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
Internally lit letters
The sign runs horizontaliy
along the expression line ..
Lamps for external
lighting
I ~j;~4. "-
:)~~~, .;~.
"...,..p..~.:....:.";;
i$j ~-'-~.
The sign is centered above
the main .entrance at the
top of the facade
."
". Lamps for extem8J ------.. '. .r.'-:'
lighting . '.,---l
The top edge of the facade
is sculpted to create a
special focal spot for the
sign
'~~~~r~fP~~ .
.. .. '..-- 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
Town Center District Code
_II. ZUllO
Page 32
"
Examples of Signs Mounted Projecting from
the Facade:
Discreetly located external
lighting
Sign painted on the face of
a canvas awning over
entry
Signs on the sides of
awnings are directly in the
line of sight of pedestrian
customers
'.~l'
Vertical projecting signs ..
are highly visible far down: :
the street : I
A lower marquee sign . '
and in cars passing .' -'
~=~y in front of the _ _.~ [7-_
'j.'1I7.;. .-_.~ ~
_ \~.a_,: __ _.._.-.
~i I~i. [:;:- A ~ign' extending from the . .
IlL:~.~~i:j Ill. cc:>mer o~ ~ building is
-<:: '.:' .' highly :vlSlble along two.
. :;,. streets .
~ A second lower sign
. catches the eye of
pedestrians passing in
front of the entrance
Signs hanging from the
ceilings of arcades
command the attention of
pedestrian shoppers
v- Monument signs fit wilh:in
'I. . the deep setbaclai 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
. ""Oil STATJa tops of buildings are
.-l.~.....~~.:..:i;;,"I. highly visible from a great
distance
This distinctive sigh, made
of individual letters
proj~cting 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
.j] ::,~kDti:\:.:':\'( -- ,^, Jl:ig~ .., .
. ..."."..."';..".':;I,;i.~ ProJecbng Slgns which
:~:.:'fr:.t:';;;~ l ;:":::t~ E:~~::;~ of
Po.
C beacons to customers
L, when lit at night
~~-....
.,~.~ ;..:.:': :::: ~..t= :
,..
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. ~~~~;:'~~'~' ! '"
00.. ~-~ . .={-::L...,:.~~"
~=~::~~~~e~'f:J~~~~j*r~:~:&11t .
sky, adding an. '\.', .::
architectural flair to a . ::: . "':;;".
shop's identity.. . ':.' .!;-
+- Pole mounted signs arc
designed to fit in deep
suburban setbacks and are
not appropriate for
pedestrian-oriented
environments
Billboards cater. entirely to
motorists traveling at high
speeds
Town Center District Code
'--" I!. ~"I
Page 33
., .....
Q ,
G. Windows, Skylights, &Doors:
1. General Requirements
Rectangular window openings facing streets
, shall be oriented vertically.
The following accessories are permitted:
Shutters (standard or Bahama types)
Wooden Window Boxes
Muntins and Mullion~
Fabric Awnings (no backlighting; no glossy-
finish fabrics)
2. Finish Materials
*Windows, Skylights, & Storefronts:
Wood
Aluminum'
Copper
Steel .
Vinyl Clad Wood
*Doors:
Wood or Metal
3. Permitted Configurations
*Windows:
Rectangular
Square
Round (18" maximum outer diameter)
Semi-circular
Octagonal .
*Window Operations:
Casement
Single- and Double-Hung
Industrial
Fixed Frame (36 square feet maximum)
* Skylights:
Flat to the pitch of the roof
*Door Operations:
. . Casement
French
Sliding (rear only)
Town Center District Code
I....L 11'"
Page 34
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Magnolia
Square
Site Information Phase I
\
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,
\
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\
Total Building square footage
Hickory Grove
Park
~um
LJJJJlWJ1
h
Total Parking:
107,840 SF *
704
*inclusive of unfinished second
story shell space
NOT INCLUDED
Publix
44,000 S.F.
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Architectural Features
andlor Glass
------------------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------------.
-~
_ ~ANFORD OVIEJO ROAD ( (S.R-,-434)
~
-----------------------------------------------------------------------------------------------------------------------~-------------------------
------------------ ---
. - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -
PHASE I
---------------------
-------------------------------------------------
o 30' 60' 120'
~w///////1
The 1I1e plan he,ein p'll'o'id.. only !lene,allnlo,metion concerning
WIn'" Spring.. By neoe..~y In thIS stage ol the dlvllopmenl, our
piano ora dynamic and lubjlctlo ","ng". Ba.. Inlor/TllltlOn
,eceived f,om Plet of aurvlY by A.C. Doudney Survlyono.INC., from
Orlendo. Flcnda,
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James Doran Company
106.11 Johnnie lJ"ddl IIIvd.
Ml. l'I..8aaol., se 29464
I'ho,,,,, (1)13) 881.7550
r"", (110) 619~76S
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371 Klng Slreet
Charleston, SC 29401
phone: (SO) 723.552S
(&X, (SO) *53.:W98
e-mail: d..lgnwOlwod.a>lll
prepared for:
James Doran Company
105.H Johnnie Doddl Blvd.
Mt, Pl....nt. Be 2U46i
phone: (SO) **1.7550
(u,; (843)8"9-6765
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Total Building square footage
211,180 SF *
TotaL.Parking:
851
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Hickory Grove
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The lite plan hlrein providel ,?"Iy pen.rallr4ormalion oonoerning
Winllr Springl. By neoe8l1ly ""',, Illge oIlhe developmanl, our
piano are dynamc and SUbJ8CIIO change. Ba.e Il'ormollon
received lrom Plat of lurvey by A.C. Ooudney Surwy<n, INC., !rom
OMando. Florida.
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Charlelllon, SC 29401
Magnolia
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phone: (&13) 723-S525
fax: (&13) .53-349.
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Site Information Phase III
249,350 S.P. *
Total Building square footage
prepared for:
Jamn Doran Company
105,11 Johnnie Iloddl Blvd.
Mt. l'le..anl, SC 29484
743
Total Parking:
phone: (&13) 11I.7550
("", (&13) W~65
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Winter Spring
Conceptual Si..I'j
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PHASE III
Site Plan
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rovkIe Iy gl_allnformadon oonoorring
Tho alto ptln horaln p ,I ':: Ihil Ilage d the dlvllcpnnl, our
Wonta, Springl. By no....ly cha I Ba.. Inlom'AtlOl1
plana "" dynamo and lubl":, I~C t:udnoy Surveyors. INC., trom
receivad Irom Pial 01 lurvlY Y .
Orlando, Florida.
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