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HomeMy WebLinkAbout2004 09 27 Regular 503 COMMISSION AGENDA ITEM 503 Consent Information Public Hearin Re ular x September 27. 2004 Meeting MGR.;L/ IDept. REQUEST: The Community Development Department requests the Commission consider a conceptual development plan modification for a 430 unit town-house development on 40 acres in the Town Center, located on the east side of Tuskawilla Road, south of S1. Johns Landing, and adjacent to the Cross-Seminole Trail. PURPOSE: The purpose of this Agenda Item is for the Commission to consider, provide comment on, and approve, approve with conditions and/or modifications, or disapprove a conceptual development plan for a 430 unit town house development on what is presently a wooded 40 acre site immediately east of Tuskawilla Road, south of S1. Johns Landing, bordering the Cross-Seminole Trail, on what has been described as the "Schrimsher property," within the Town Center. The developer has submitted a concept plan modification that appears to address many of the issues associated with that development, has proposed its own modified street types, and seeks direction from the City Commission before proceeding. Staff has requested clarification from the applicant's planners and has forwarded the proposed modification to Dover Kohl and Partners and awaits their review and comments. APPLICABLE REGULATIONS: Chapter 9, City Code. Town Center District Code. Development Agreement Comprehensive Plan . ....... September 27, 2004 Regular Item 503 Page 2 of2 CONSIDERATIONS: On the morning of Monday September 20, the applicant met with staff to briefly discuss the attached concept plan modification, stressing urgency for approval. Staff has received, the attached list of the proposed changes late Tuesday, September 21,2004, afternoon. Staff has also provided the attached concept plan and letter to Dover Kohl and Partners for review and comment - those comments will be provided upon receipt. The applicant has stated that (1) space for a bus stop will be provided on the south side of the "Spine Road," (2) a 3-way stop is proposed where "Spine Road" intersects the road that extends along the linear parks/open space to the pool and recreation facility (other traffic calming devices are proposed to be part of the final engineering plans), (3) that more road frontage is proposed along 2 sinuous water features (2 pocket parks around the smaller water feature), (4) more intersections (shorter blocks) are proposed, (5) the pool and recreation facilities are proposed between the northern street and the trail, (6) the road network along the north of the project has been significantly altered to provide shorter street segments, (7) the units adjacent to St. Johns Landing now face the trail and that existing development, and (8) street trees will be planted along the roadways at 50 feet on center. The applicant has also requested direction as to whether or not the City would like their team to design and build (at the City's expense) a segment of the "Spine Road" between their development and the 35 foot wide unpaved trail to the east. The staffDRC briefly reviewed the concept plan modification (it did not have a copy of the attached letter from Jodi Rutmann at Glatting Jackson) at its September 21 AM meeting and noted no major problems. The applicant states that a draft development agreement has been provided to the City Attorney (the existing Schrimsher development agreement is provided as an attachment). RECOMMENDATION: Staff recommends the City Commission review the proposed concept plan modification, letter from Glatting Jackson, and comments from Dover Kohl and Partners and provide direction to the applicant and staff - mindful of the vague last minute information provided by the applicant. Any approval should apply only to conceptual layout and no waiver of the Code should be claimed unless a deviation from the Code is specifically stated in a fully executed binding development agreement, amendment to the existing development agreement, or a special exception approved by the City Commission. ATTACHMENTS: A - Schrimsher Development Agreement B - Approved Conceptual Development Plan C - Proposed Conceptual Development Plan D - 9/21/04 Glatting Jackson Letter COMMISSION ACTION: 2 r:r.- .~ .,l ., . oJ :,). ~" ~ . ( . ( '" . 'L ATTACHMENT A AGREEMENT An Agreement made and entered into thisX ~ day ofS ~ by and among Schrimsher Land Fund 1986 - II, Ltd., Schrimsher Land Fund V, Ltd., and Schrimsher Land Fund VI, Ltd., herein referred to as. "Schrimsher" and the City of Winter Springs, a municipal corporation existing under the laws of the State of Florida herein referred to as "City". RECITALS 1. WHEREAS, Section 163.3167, Florida Statutes proyides that each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component ofthe local comprehensive plan through a collaborative planning process with meaningful public participation, and 2. WHEREAS, the City completed a comprehensive planning study, with extensive public participation from local residents and local, county, and stateofficials, which resulted in the adoption ofthe Winter Springs Town Center Plan, and 3 . WHEREAS, Schrimsher owns land located within the boundaries of the City of Winter Springs Town Center, and 4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and agreement regarding their respective interests, expectations, and intentions contained in this Agreement regarding the Town Center. NOW THEREFORE in consideration of the terms and condition set forth in this Agreement, and other good and valuable consideration, the receipt of which is' hereby acknowledged by the parties, the City and Schrimsher agree to the following: I. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a material p,art of this Agreement. ORLDOCS 10014263.12 LKF 06/12/00 Page I of 22 i -.. ..11 l. ~, II. Definitions. . Unless the context clearly indicates otherwise, the foHowing words and phrases when used in this Agreement shall have the meaning ascribed below: a)' "City" shall mean the City of Winter Springs, a Florida municipal corporation. b) "City Code" shall mean the City Code of the City of Winter Springs, Florida. c) "East/West Crossroad Segment" shall mean that segment of a roadway (formerly known as "Cross Seminole Trail Street") to be located upon the Schrimsher Property in a location generally depicted in the boundary map attached hereto as Exhibit "A", which .is hereby fully incorporated herein by this referef,lce. d) "East Market Square Parcel" shall mean that portion of Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. The East Market Square Parcel shall be approximately eight and 25/l00ths (8.25) acres in size. ( e) "Lake Trail Park" shall mean that portIon of Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit" A" which is hereby fully incorporated herein by this reference. Lake Trail Par~ shall (i) not be less than 0.85 acres in size (ii) have no less than three hundred (300) feet of road frontage on its western boundary, (iii) be contiguous to either a City approved Schrimsher development or a retention pond on its northern boundary and (iv) be contiguous to the unpaved portion ofthe Cross Seminole Trail on its eastern boundary. f) "Magnolia Park" shall mean that portion of the Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. Magnolia Park shall consist of not less than sixty-four/one hundredths (0.64) acres and not more than seventy-nine/one hundredths (0.79) acres as depicted on Exhibit "A" unless another configuration is agreed upon by the parties in writing; provided, however, to the extent that Magnolia Park is less than seventy-nine/one hundredths (0.79) acres, Schrimsher agrees that such difference (i.e., not to exceed fifteen/one hundredths (0.15) of an acre) shall be added to one or more ofthe following parks as mutually agreed to by the parties: Lake Trail Park, Wetland Park or any of the Small Neighborhood Squares (#2, 3, 4 or 5). . g) "Main Street Improvements" shall mean that portion of Tuskawilla Road described as Main Street on the Town Center DistrictCode and located from State Road 434 to Magnolia Park (including pavement, curbs and gutters, and stormwater facilities); as more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. ORLOOCS 10014263.12 LKF 06112/00 Page 2 of 22 ,. ,t\.: J. J'I, . I \' h) "Rustic Residential Property" shall mean the real property owned by Schrimsher which currently has a rustic residential future land use designation on the City's Future Land Use Map. i) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, LTD., Schrimsher Land Fund V, LTD, and Schrimsher Land Fund VI, LTD, collectively and individually. j) "Schrimsher Property" shall mean the real property owned by Schrimsher and located in the Town Center District, as more particularly described in Exhibit "B" which is hereby fully incorporated herein by this reference. k) "Spine Road" shall mean the proposed collector road traversing Schrimsher Property and running from State Road 434 to Tuskawilla Road (including pavement, curbs and gutters, and stormwater facilities). Said road shall also run adjacent to W'etland Park as a single-loaded road. Spine Road will run as close as practicable to the Wetland Park in order to reduce the amount of isolated uplands between Spine Road and Wetland Park. .The location of Spine Road is generally depicted in the sketch attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. ( 1) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs Town Center Master Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, a copy of which is attached hereto as Exhibit "C" and hereby fully incorporated herein by this reference. m) "Town Center District" shall mean the town center area located in the City of Winter Springs that is depicted in the attached Exhibit. "D" which is hereby fully incorporated herein by this reference. n) "Town Center District Code" shall mean the town center zoning district code adopted by the City Commission of Winter Springs on June 12,2000, which is attached hereto as Exhibit "E" and hereby fully incorporated herein by this reference. 0) "Wetland Park" shall mean that portion of the Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. Wetland Park shall consist of not less than twenty-two and 33/1 OOths (22.33) acres as generally depicted on Exhibit "A" with the understanding that the actual configuration of Wetland Park may be adjusted depending upon the actual location of Spine Road and the actual location of the Cross Seminole Trail. ORLDOCS 10014263.12 LKF 06/12/00 Page 3 of 22 ti .~ " ,L I' I .. , III. Trail Reali~nment. A portion of the Schrimsher Property is presently encumbered by the former CSX railroad line now owned by the Board of Trustees of the Internal Improvement Fund of the State of Florida and which is intended to be improved and converted to a public nature and recreational trail ("Cross Seminole Trail"): To enhance the location of the Cross Seminole Trail, for trail users and to incorporate the Cross Seminole Trail into the Town Center, as well as accommodate a more orderly development of the Schrimsher Property, the City and Schrimsher agree as follows: \ ( a) For purposes of realigning the Cross Seminole Trail in accordance with the Town .... . Center Plan, Schrimsher (in exchange for receiving fee-simple ownership of a portion of the current alignment of the Cross Seminole Trail consisting of approximately 4.2 acres) agrees to donate property located within the boundaries of the Schrimsher Property, as generally depicted on Exhibit "A" attached hereto, to the State of Florida in' accordance with rules and procedures ofthe Florida Office of Green ways and Trails ("FOG&T"). Provided, however, the City acknowledges that the unpaved portion ofthe Cross Seminole Trail traversing the easterly and northerly portion of the Schrimsher Property shall be located adjacent to or as close' as practicable to the contiguous wetlands' (lying easterly and northerly of the Schrimsher Property) in order to minimize the amount of isolated uplands (i.e., non- wetlands) located between the unpaved portion of the Cross Seminole Trail and such wetlands (the "Isolated Uplands"). The City acknowledges that any such Isolated Uplands may be included in the land exchange with the State of Florida to meet the "2 to 1" ratio exchange requirement of the FOG&T if allowed by the FOG&T. The City also agrees not to oppose any further minor modifications to the alignment of the Cross Seminole Trail located within the Schrimsher Property provided such minor modifications are approved in writing by the FOG&T and do not materially adversely affect the intent and concepts ofthe Town Center District Code and the minor modifications are consistent with the terms and conditions of this Agreement. The City agrees to diligently pursue the appropriate approvals to vacate or otherwise .utilize that part of the current alignment of Cross Seminole Trail lying south of Magnolia Park and westerly of Wetland Park for the Trail Access Lane portion of Edge Drive andlor parking purposes; and Schrimsher agrees to support and not oppose such effort on the part of the City. If the City is unsuccessful in such effort then the City and Schrimsher agree to revisit and review the location ofthe Trail Access Lane portion of Edge Drive and/or parking with the intention of relocating or redesigning such improvements in a fashion that is mutually acceptable to the City and Schrimsher. ( \- lfthe City elects to seek the appropriate approvals to vacate or otherwise utilize for any purpose permitted under the Town Center District Code any part of that portion of the current alignment of Cross Seminole Trail lying east of and contiguous to Magnolia Park (between Magnolia Park and Wetland Park), Schrimsher agrees to support and not oppose ORLDOCS 10014263.12 LKF 06112/00 Page 4 of 22 /' . "", ,. . ., ~ I , I .. I, such effort on the part of the City. Likewise, if Schrimsher elects to seek the appropriate appr~)Vals to vacate or otherwise utilize for any purpo~e permitted under the Town Center District Code, any part of the current alignment of Cross Seminole Trail lying north of Magnolia Park and westerly of Wetland Park, the City agrees to support and not oppose such effort on the part of Schrimsher. Schrimsher and the City also agree that the east-west section ofthe paved portion of the Cross' Seminole Trail may be located on the northern side of Edge Drive (as generally depicted on Exhibit "A" attached hereto) so long as the Cross Seminole Trail does not reduce the width of Edge Drive. b) At the time Schrimsher donates such property located within the boundaries of the Schrimsher Property, Schrimsher shall reserve (i) perpetual easements for roadways, walkways and utility purposes (including, without limitation, sewer, water, drainage, natural gas, cable, electricity and telephone) (the "Ro,adwayfUtility Easements"), crossing over and under the Cross Seminole Trail at the locations generally depicted on Exhibit "A" where roadways, walkways and/or utilities overlap or intersect with the Cross-Seminole Trail; and (ii) a fifteen foot (15') temporary construction and a five foot (5') perpetual maintenance easement for construction and maintenance of the Walldefined in Article XI below (the "Wall Easements"). Schrimsher agrees to dedicate such RoadwayfUtility Easements to the City in connection with the construction and msmfadoIl uf SUCh roadways and utIlItIes. The Roadway Utility Easements dedicated to the City shall be in a form acceptable t6 the City~ \ ( c) Upon execution hereof, the City shall, ~it~ expense, promptly commence and diligently pursue. the completion of the desi n, engineering, , permitting, surveying and construction ofthat ortion ofthe Cross e . . WhIC IS ocated on the property to be donate c 'msher..T e'su eshall inc de sketches and Ie aldescri tions of e locations for the RoadwayfUtility Easements and the Wall Easements. Upon completion of construction of that portion of the Cross Seminole Trail located upon the Schrimsher . Property, the City a~ees to maintain.such:portion.ofthe CrossSemin~ Trail and, to the extent permitted by law, to indemhif)r and hold Schrimsher and Schrimsher Property harmless against any loss, damage, liens or expenses, associated with or resulting from the City's design, engineering, permitting, surveying, constru~ting and maintaining the Cross Seminole Trail. The City will coordinate with Schrimsher to identify the location of the RoadwayfUtilityEasements and the ,Wall Easements. City agrees that Schrimsher's engineers (who shall be qualified and experienced in roadway and/or"tnlil" engineering and permitting) and surveyors will be able to review and provide input into the design, surveying and permitting process for that portion of the Cross Seminole Trail located within the Schrimsher Property; and that any and all surveys and related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's { ". ORlDOCS 10014263.12lKF 06/12/00 Page 5 of 22 ., \ . ; : . ( . ( f i \. I I,' engineers and surveyors. Schrimsher's engineers and surveyors shall complete said review and provide any such input pursuant to the City's reasonable time schedule. d) City and Schrimsher agree to cooperate with each other, Seminole County, the Florida Department of Environmental Protection and all other necessary governmental agencies and interest groups to effectuate the Cross Seminole Trail realignment on Schrimsher Property. IV. Conveyances from Schrimsher to the City. a) Schrimsher agrees that'at such time as the City obtains all permits necessary to construct, install, and extend (i.e., "stub-in") the sewer and water faCilities to the Schrimsher Property as required in Article V b) below, Schrimsher will convey to the City fee simple title to Magnolia Park a,nd Wetland Park. b) Schrimsher also agrees to convey to the City the Small Neighborhood Squares (#2,3,4, and 5), as generally depicted on Exhibit "A", unless said Squares are substituted by special exception granted by the City Commission of Winter Springs. Special exceptions will not be unreasonably withheld by the City, provided the substituted Small Neighborhood Square is of equal or better value than what is proposed in the Town Center District Code with respect to property value and design. Small Neighborhood Square #5 shall be a minimum of point forty-four (.44) acres. Small Neighborhood Square #4 shall be a minimum of point forty-two (.42) acres. Small Neighborhood Square #3 shall be a minimum of point forty-four (.44) acres. Small Neighborhood Square #2 shall be a minimum of point forty-five (.45) acres. These minimum acreages of the Small Neighborhood Squares #5, 4, 3 and 2 include all rights-of-way around the perimeter of each Small Neighborhood Square as depicted on Exhibit "A". In addition, Schrimsher shall also have the right to relocate Small Neighborhood Square #2 and 3a maximum distance of250 feet in any direction from the location depicted on Exhibit "A"; Small Neighborhood Squares #4 and #5 may be relocated a maximum"distance ~f250.00 feet to the east or west, and to the south as part of any relocation or adjustment ofEast/W est Crossroad Segment pursuant to Artic1e XIV ofthis Agreement. Any relocated Small Neighborhood Square shall be located on Schrimsher Property" and shall not overlap another Small Neighborhood Square, Lake Trail Park, Wetland Park, Spine Road, Edge Drive, East/W est Crossroad Segment, the Cross Seminole Trail or any other then existing park or right-of-way. The distance shall be measured beginning from the boundary of the subject Small Neighborhood Square that is closest to the direction in which said Square is relocating. The conveyances of the Small Neighborhood Squares shall occur at such time, and as part of, a City approved Schrimsher development adjacent to the applicable Small Neighborhood Square. c) Schrimsher also agrees to convey Lake Trail Park to the City at the time of the later to occur of the construction of (i) either a City approved Schrimsher development or a retention pond adjacent to the north of Lake Trail.Park or (ii) theroa"d adjacent to the ORLDOCS 10014263.12 LKF OW1VOO . Page 6 of 22 ,E /,/.: ;' ~ l .' t { i ( ','" If western bQundary .of Lake Trail Park .or (iii) the unpaved PQrtiQn Qfthe Cross SeminQle Trail on the eastern boundary .of Lake Trail Park. d) Schrimsher agrees tQ cQnvey rights Qfway and easements and imprQvements tQ rights Qfway and easements similar tQ thQse depicted in the TQwn Center District CQde and IQcated .on Schrimsher PrQperty at such time, and as part .of a City apprQved Schrimsher develQpment, in a manner in which similar cQnveyances are required in cQnnectiQn with similar develQpments within the City, e) Except fQr the cQnveyances frQm Schrimsher tQ the City sa described in this Article IV (i.e. Wetland Park; Magnalia Park; Small Neighbarhaad Squares #2,3,4 and 5 and Lake Trail Park), Schrimsher shall have nQ further .obligatian ta CQnvey ta the City any praperty fQr park, .open space .or green space purpases. f) Schrimsher shall nat make any claims far extraardinary excess develapment CQsts for single-IQaded roads traversing Schrimsher Property in accordance with this Agreement and the TQwn Center District Cade. v. City Obligations. In cQnsideratian .of Schrimsher (i) canveying ta the City Magnalia Park and Wetland Park, as described in Article IV(a), (ii) canveying ta the City the Small NeighborhQQd Squares, Lake Trail Park, rights afway, easements, and impravements ta said rights Qfway and easements as described in Article IV(b), (c) and (d), (iii) nat making any claim fQr single-Iaaded road as described in Article IV(f), and (iv) agreeing ta the terms and cQnditiQns CQntained in this Agreement, the City, at its expense, agrees ta da the fallQwing: a) Within eighteen (18) mQnthsfrom the effective date Qfthis Agreement, extend and CQnnect (i.e., "stub in") City water distributiQn and sewer cQllectian facilities tQ the bQundaries .of Schrimsher PrQperty in sufficient capacity tQ reasanably accammQdateand guarantee the level of service capacity required for the Town Center and Schrimsher Property. Except as provided in Article V(c) and V(d) below relating tQ Spine Road and Main Street Improvements, the City shall nQt be required ta extend either sewer .or water facilities intQ the interiar PQrtiQn .of the Schrimsher Property unless agreed UPQn in future written develQper agreements, The City alsa guarantees sufficient capacity within the sewer and water treatment plants tQ reasQnably accammadate and guarantee the level .of service required far the TQwn Center and Schrimsher Praperty. The City alsa agrees that nQ special City water .or sewer cannectian charge .or assessment will be applied ta Schrimsher Property fQr purpQses .of reimbursing the City fQr the expense .of extending and cQnnecting the City's water distributiQn and sewer cQllectian facilities ta Schrimsher's Praperty as described above; provided, hQwever, individual users within the Schrimsher PrQperty may be charged the same nQrmal and regular "City-wide" cannectian fee that is custQmarily charged tQ all ORLDOCS 10014263.12 LKF 06/12/00 Page 7 .of 22 I. ,.:~ ... ',' other individual users within the City for connecting into and utilizing the "City-wide" water and sewer capacity. b) Promptly commence and within six (6) months following the date of this Agreement, submit an application to acquire a Master Stonnwater Management Penrtit from the St. John's Water Management District for the Town Center and expedite to the fullest extent possible completion ofthe master stormwater permitting within the Town Center and Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced in stormwater engineering and permitting) will be able to provide input into the design and permitting process for the Master Stormwater Management Permit and that any and all related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subject to reasonable and timely review and approval by Schrimsher's engineers. Schrimsher's engineers shall complete said review pursuant to the City's reasonable time schedule and shall not unreasonably witlillold said approval. In no event will the Schrimsher Property be required to accommodate a disproportionate area/acreage of retention ponds or amount (i.e., volume or rate) of the stormwater gener'!,ted in Town Center unless otherwise agreed to by Schrimsher in writing. I ( c) Designate Spine Road a City collector road and process .an amendment to the City's ComprehensivePlan, Traffic Circulation Element, to so designate. City also agrees, at its expense, to begin designing, engineering, surveying and permitting Spine Road upon the effective date of this Agreement; and the City agrees to commence good faith construction Sine Road within two (2) years from said effective date and to diligently pursue completion of such construction. c .. msher agrees that City shall have the right of entry and ingress and egress to and from Schrimsher Property for purposes of designing, engineering, permitting, surveying and constructing Spine Road, and, in such event, the City agrees, to the extent permitted by law, to indemnify and holdSch.rimsher and the Schrimsher Property harmless against any loss, damage, liens or expenses associated with or resulting from the City designing, engineering, permitting, surveying and constructing of Spine Road. However, if Schrimsher desires to construct Spine Road in accordance with the Town Center District Code, prior to the City's schedule for said construction provided herein, Schrimsher may design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then be eligible for.andreceive in connection with the development of the Schrimsher Property transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for aesi nin e . eering, permitting, surveying and construction of the Spine Road . . ~ costs shall be deemed to be for non-slte-re ate lmprovemen s. ccruedcredits shall be applied to the development of Schrimsher Property. Regardless of which party constructs Spine Road, the City, at its expense and concurrently with the construction of Spine Road, agrees to design, permit, and construct water and sewer utilities for Spine Road required for the Town Center and Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall convey the right of way for Spine Road to the City at such time as the City has obtained all ORlDOCS 10014263.12lKF 06/12/00 Page 8 of 22 : ' '. . .' ,/ necessary permits for the City to construct Spine Road or at such time that Schrimsher has completed construction of Spine Road, whichever occurs first. City agrees that Schrimsher's engineers (who shall be qualified and experienced in roadway and water and sewer utilities engineering and permitting) will be able to review and provide input into the design and permitting process for Spine Road and the Spine Road Utilities; and that any and all related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subj ect to the reasonable and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and provide any such input pursuant to the City's reasonable time schedule. If the City adopts a traffic concurrency management ordinance, the City agrees to favorably consider the allocation of reasonably sufficient traffic capacity to Town Center and/or appropriate levels of service to accommodate. the development of Town Center as anticipated in the Town Center District Code. d) Designate that portion of TuskawillaRoad between State Road 434 and Spine Road a City collector road and process an amendment to the City's Comprehensive Plan, Traffic Circulation Element, to so designate. The City also agrees, at its expense, to design, engineer, permit, 'survey and construct the Main Street Improvements substantially within the alignment shown on Exhibit "A". The City also agrees to promptly commence the design, engineering and permitting within ninety (90) days of the effective date of this Agreement, exercise their b~st .efforts to commence construction as soon as possible and to d{ligently pursue completion of such construction within two (2) years of the effective date ofthis Agreement. The Main Street Improvements shall be consistent with the Town Center District Code. Schrimsher agrees to donate and convey to the City eleven (11) feet of right- of-way in order for the City to expand Main Street to eighty-two (82) feet in width in accordance with the Town Center District Code. The conveyance shall occur at such time as the City has obtained all permits necessary to construct the Main Street Improvements.&r Because Schrimsher only owns property on one side of that portion of Tuskawilla Road des.cribed as.Main Street, Schrimsher shall only be required to convey the <;me~half(i.e~, not more than eleven (11) feet wide) of the needed nght-of-way which is located on -Ir Schrimsher's side of Tuskawilla Road. Schrimsher agrees that City shall have the right of entry and ingress and egress to and from the Schrimsher Property for purposes ofdesigning, engineering, permitting, surveying and constructing the Main Street Improvements, and, in such event, the City agrees, to the extent permitted by law, to indemnify and hold Schrimsher and the Schrimsher Property harmless against any loss; damage, liens or expenses associated with or resulting from the City designing, engineering, permitting, surveying and constructing the Main Street Improvements which costs shall be deemed to be for "non-site- related improvements". Notwithstanding the aforesaid, if Schrimsher desires to commence the Main Street Improvements in accordance with the Town Center District Code, prior to the City's schedule for making said improvements, Schrimsher may design, engineer, permi t, survey, and construct the Main .Street Improvements at Schrimsher's expense and the ORLDOCS'10014263.12 LKF ,06112/00 ' Page 9 of 22 .,\ ,. r.' ., " ,,I conveyance shall occur at such time Schrimsher has completed construction of said improvements. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then be eligible for and receive in cOImection with the development ofthe Schrimsher Property transportation impact fee credits in an amount equal to Schrirhsher's reasonable costs for design, engineering, surveying, pennitting and construction ofthe Main Street Improvements, Accrued credits shall be applied to the development of Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced in roadway and water and sewer utilities engineering and pennitting) will be able to review and provide input into the design and pennitting process for the Main Street Improvements; and that any and all related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and provide any such input pursuant to the City's reasonable time schedule. VI. Inclusion of Property in Town Center District. Schrimsher consents to the inclusion of the Schrimsher Property into the Town Center District subject to the tenns and conditions hereof. VII. Adoption of Town Center District Code. ( ( Schrimsher hereby consents to the adoption of the Town Center District Code and its applicability to the Schrimsher :Property subject to the tenns and conditions hereof. ,. f VIII. Future Land Use Change. Schrimsher and the City acknowledge that the future land use designation for the Schrimsher Property shall be Town Center at such time said designation is approved by the City. Specifically, and without limitation, the parties intend for the future land use designation under the City's Comprehensive Plan to be amended to acconunodate the Town Center District Codeaild to correct the future land use designation of the Rustic Residential Property (to Town Center) which was inadvertently previously changed by City from conunercial to "rustic residential". The City shall immediately administratively initiate and diligently process through completion said comprehensive plan amendments and also effectuate any administrative rezoning necessary to implement the foregoing land use change, All future land use changes shall comply with the procedures set forth in chapter 163, Florida Statutes and the City Code of Winter Springs. IX. East Market Square Parcel. ( ( Provided that the site and building plan are consistent with the City Code and Town Center District Code, the City agrees and ackn,owledges that the East Market Square Parcel will be allowed to have: . (i) a grocery store anchor building consisting of approximately ORLDOCS 10014263.12 LKF 06/12100 Page 10 of 22 .,' ...,' I,' 45,000 retail square feet; (ii) up to 45,000 square feet of additional retail square feet; and (iii) a parking ratio of up to five (5) spaces per 1,000 retail square feet. x. Retention Ponds. The retention ponds depicted on the Town Center Plan are meant to be conceptual and do not necessarily indicate the actual size or location of retention ponds that may be required as part of a development project. As part of all Schrimsher development projects on Sclrrimsher Property, Schrimsher agrees to provide retention ponds in accordance with the Master Stormwater Management Permit (approved by Schrimsher's engineers and meeting the requirement of Article V(b)) local, state, and federal law and sound engineering practices. XI. Sf. Johns Landing. Schrimsher agrees to provide a buffer not less than fifty (50') feet in width along-the northern boundary of the Schrimsher Property adjacent to the St. John's Landing Subdivision. The City Agrees that said buffering mayor may not include a retention pond, and that the width ofthe Cross Seminole Trail running along the common boundary with St. Johns Landing Subdivision may be counted toward meeting the fifty (50') foot buffer requirement. the applicable building set-back line along the common boundary with St. ( John's Landing Subdivi~ion will be the southern edge of the buffer. ( , In addition, Schrimsher agrees to design, permit, and construct a six (6) foot concrete block or brick wall (the "Wall") on Schrimsher Property (or on property within St. John's Landing Subdivision if approved by the owners of the applicable lots within St. John's Landing Subdivision) in cOill1ection with any commercial or multi-family development adjacent to the developable lots within the St. John's Landing Subdivision along or near the current perimeter of the Schrimsher Property, provided saidW all is required by the City Code. To the extent a .Wall is required, the maximum length of the Wall shall commence at the Tuskawilla Road right-of-way and shall extend to and terminate at the southeastern comer ofthe eastern-most developable lot contiguous to the common boundary between St. Johns Landing Subdivision and the Schrimsher Property. No portion of the Wall will be. required adjacent to any retention pond within the St. Johns Landing Subdivision. Sclrrimsher agrees that individual lot owners within St. Jolms Landing Subdivision will be allowed to install one (1) gate (not greater than four (4') feet in width) per developable lot, in the Wall to provide access to and from their lot and the Cross Seminole Trail and/or Town Center provided (i) the individual lot owner must install and maintain the gate at the lot owner's expense, (ii) the gate shall open toward the applicable lot within St. Johll's Landing Subdivision, (iii) the style of the gate shall otherwise be subject to the reasonable written approval of both Schrimsher and the City, which shall not be unreasonably withheld or delayed, and (iv) the individual lot owner must agree in writing via { ( ORLDOCS 10014263.12 LKF '06/12100 Page 11 of 22 .,\ ~., . I : d a recorded instrument to hold the City, Schrimsher and Seminole County and the State of Florida harmless from any loss, claim, damages or expenses associated with .or resulting from the installation or existence of the gate. XII. Interior Buffer Walls and Fences. Unless waived by the Development Review Committee and the City Commission, buffer walls or fences will be required in Town Center between single family or multi- family residential developments on one' side and loading docks, service areas and trash disposal facilities associated with commercial development on the other side. OthelWise, buffer walls and fences separating different types ofland uses will be allowed but not required within the interior portion of the Town Center District. XIII. Weiland Delineation of Wetland Park. ( ( The parties acknowledge that Schrimsher has previously obtained from the V.S. Army Corp of Engineers and provided to the City a copy of a delineation ofthe jurisdictional wetland boundaries on the Schrimsher Property and that the parties have utilized such wetland delineation to amend the Wetland Park boundary. Neither party warrants the accuracy of such delineation and any further change in the delineation shall not result in SChrimsher being required to convey any addItIonal lands to the City or require the City to . reconvey to Schrimsher any portion of Wetland Park...: ~ XIV. EastJWest Crossroad Segment. SchrimSher agrees that the East/West ,Crossroad Segment will be located on Schrimsher Property as generally depicted on Exhibit "A". However, Schrimsher may relocate the East/West Crossroad Segment to the South (toward State Road 434) a maximum distance oJ 100 feet from the location depicted on Exhibit "A". Schrimsher may also make minor adjustments to the location of the East/W est Crossroad Segment in order to straighten the East/West Crossroad Segment or to provide for a more favorable site line and/or curvatures of the East/W est Crossroad Segment. If the East/West Crossroad Segment is relocated or adjusted, Small Neighborhood Squares #4 and #5 shall maintain their relative locations with access to and alignment with the layout of the East/West Crossroad Segment subject to the possibility of being relocated as provided in Article IV(b). Because the Cross Seminole Trail willnot be running along the East/W est Crossroad Segment, the right-of-way for East/West Crossroad Segment shall be 60 feet in width, according to the design of a Town 'Center Street and the. location and shape of Small Neighborhood Squares #4 and 5 shall shift accordingly. ORLOOCS 10014263.12 LKF 06/12/00 Page 12 of 22 .f' . : I I xv. Spine Road Traffic Signal. In conjunction with the construction ofthe Spine Road north or south of State Road 434, the City will cooperate with the Florida Department of Transportation and Schrimsher in any proposal to install a traffic signal at the intersection of the Spine Road and State Road 434 and to install a median break within State Road 434 approximately midway between the intersections at Tuskawilla Road and the Spine Road. Nothing herein is intended to obligate the City to contribute any funds toward the cost of the traffic signal or median cut. XVI. Connection to Tuskawilla Road. The City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit, and construct a road along the existing right-of-way behind the "Mobil Service Station" currently on the comer of State Road 434 and Tuskawilla Road, which mayor may not be designed to connect Tuskawilla Road with a frontage road south of State Road 434. However, the design, permitting, and construction of said road shall be consistent withlhe CityCode, subject to site plan review and approval by the City, and at Schrimsher's sole cost and expense. ( ( XVII. Greenspace and Open Space Requirements; Landscaping Requirements. Both parties agree that there are no minimum greenspace or open space requirements within the Town Center District. However, Schrimsher agrees to comply with the landscaping requirements within the Town Center District as set forth in the Town Center District Code. XVIII. Diagrams/"Illustrative Purposes Onlv". Except for Wetland Park, Magnolia Park, the Small Neighborhood Squares (#2, 3, 4 and 5), Lake Trail Park, Cross Seminole trail, the East/West Crossroad Segment, Main Street Improvements, and Spine Road, which are expressly agreed to by Schrimsher and City pursuant to this Agreement (subject to applicable relocation provisions set forth herein), the City hereby acknowleciges that all diagrams and graphics within the Town Center Plan and the Town Center District Code, which are depicted on Schrimsher Property, are for "illustrative purposes only" and are intended only to illustrate the intent and concepts of the Town Center District Code. XIX. Periodic Review. This Agreement shall be subject to periodic review by the parties. Periodically, City and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under this Agreement and whether any amendments should be' made to this Agreement in furtherance of each others mutual interests. Additionally, during said review, the parties may discuss proposing amendments to the Town Center District Code which may be needed to promote the public's interest in creating an economically viable Town Center. Nothing in ORLDOCS 10014263.12 LKF 06112/00 Page 13 of 22 .,\ ~ . " . ' this Agreement shall preclude Schrimsher from exercising its right to seek an amendment to the land use designation or zoning of the Sclulmsher Property. xx. Cooperation. Schrimsher and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. XXI. Authority. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. Schrimsher also represents that all legal and equitable title to the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher is duly authorized to bind t~e Schrimsher Property to the terms and conditions contained in this Agreement. City also represents that all requirements and procedures, including public hearings, have been properly conducted so that the execution hereof by the City shall constitute the final action of the City. XXII. Notices. \ ( \ ( Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited' in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or (c) ope day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. Schrimsher: Schrimsher Land Fund 1986 - II, V & VI, Ltd. c/o Michael A. Schrimsher Schrimsher Properties 600 E. Colonial Drive, Suite 100 Orlando, Florida 32803 Phone: 407/423/7600 Fax: 407/648/9230 With Copy to: Michael 1. Grindstaff, Esquire Shutts & Bowen LLP 20 N. Orange Avenue, Suite 1000 Orlando, Florida 32801 Phone: 407/423/3200 Fax: 407/425/8316 . ORLDOCS 10014263.12lKF 06112/00 Page 14 of 22 3' ",': 't I I t: City: With Copy to: XXIII. Defaults. Ronald W. McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407/327/5957 Fax: 407/327/4753 Anthony A. Garganese City Attorney of Winter Springs Amari & Theriac, P.A. 96 Willard Street, Suite 302 Cocoa, Florida 32922 Phone: (407) 639-1320 Fax: (407) 639-6690 Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are available to it under Florida lawor 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 ofthe nondefaulting party prior to filing said action. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorney's fees and costs, whether incurred at trial or appeal. ( ( XXIV. Successors and Assi~ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. XXV. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. ORLDOCS 10014263.12 LKF 06112/00 Page 15 of 22 ',' 1'1" " ( ( I, ( ., ", XXVI. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto. XXVII. Entire A~reement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Schrimsher as to the subject matter hereof. XXVIII. Severability. If any provision ofthis Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. XXIX. Effective Date. This Agreement shall become effective upon approval by the City Commission of Winter Springs and execution of this Agr~ement by both parties. xxx. Recordation. Within sixty (60) days following the effective date hereof, a short form memorandum of this Agreement signed by both the City and Schrimsher shall be recorded in the public records of Seminole County, Florida and shall run with the Schrimsher Property. The memorandum shall iriclude the legal description ofthe real property described in Exhibit B (the "Schrimsher Property") and shall otherwise be in a form mutually acceptable to the City and Schrimsher. XXXI. Relationship of the Parties. The relationship ofthe parties to this Agreement is contractual and Schrimsher is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. XXXII. Soverei~n Immunity. Nothing contained in this Agreement shall be construed as a waiver ofthe 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. ORLDOCS 10014263.12 LKF 06/12/00 Page 16 of 22 l' '. \' ',' XXXIII. City's Police Power. The City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. XXXIV. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within' a specified time period ("Time Period") constitutes a default under the terms ofthis Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God,.acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. xxxv. Interpretation. / \ The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. .xxxVI. Permits. The failure ofthis Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve Schrimsher or the City ofthe necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. XXXVII. Third Party Riehts. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. XXXVIII. Counterparts. This Agreement may be executed in any number. of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. ( I ORLOOCS 10014263.12 LKF 06/12100 Page 17 of 22 . II '" I ~ XXXIX. State Grant. The parties acknowledge that the City has filed a grant application to the State of FLorida for the purpose of obtaining grant funds to allow the State of Florida to purchase Magnolia Park and Wetland Park. Schrimsher agrees to reasonably cooperate to allow the City to obtain said grant funds and if said grant funds are obtained, Schrimsher and the City agree that said grant funds shall be expended in a manner mutually acceptable to both parties to benefit the Schrimsher Property and the Town Center District (i.e., Magnolia Park and Wetland Park and Cross Seminole Trail Improvements). Provided, however, in no event shall Schrimsher be required to convey Magnolia Park or Wetland Park directly to the State of Florida nor are the City's and Schrimsher's Obligations hereunder in any way contingent upon the success or failure of the City obtaining such grant funds (specifically, including, without limitation, the City's obligations set forth in Article V hereunder and Schrimsher's Obligations set forth in Article IV hereunder). XL. Conveyances by Schrimsher. All real property conveyances made by Schrimsher to the City pursuant to this Agreement shall be made by special warranty deed and free of all mortgages, liens, and other encumbrances. ( ( \ XLI. Declaration ofthe City Commission of Winter Springs. The City Commission ofthe C~ty of Winter Springs hereby finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commissiol1 of the City. The City_Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII .of the Florida Constitution and chapter 166.021, Florida Statutes and the City's police powers. To the extent there are any conflicts between the provisions of the Town Center District Code and this Agreement, the provision of this Agreement shall control as if approved by the City Commission as a special exception pursuant to the Town Center District Code. XLII. Billboard. As of the effective date ofthis Agreement, Schrimsher has two 'billboards located on real property within the City of Winter Springs which may remain in their existing locations until such times as they are required to be dismantled and permanently removed pursuant to this Agreement. One billboard is located on the Schrimsher Property (i.e., within Town Center) on the south side of State Road 434 and the other is located east of Town Center on the north side of State Road 434. Schrimsher agrees to completely dismantle and remove each particular billboard at such time as a certificate of-occupancy is issued by the City for ORLDOCS 10014263.12 LKF 06/12/00 Page 18 of 22 . . ( ( \ I ( a vertical structure (other than the Cross Seminole Trail Bridge) that is within a four hundred foot (400') radius ofthe applicable billboard. The dismantling and removal ofthe billboards shall be determined on an individual basis and the radius test shall only apply to development that occurs on the same side of State Road 434 that the billboard is located. XLIII. Wetland Mitieation. The City acknowledges Schrimsher's right to impact the wetlands generally located within one thousand two hundred (1,200') feet on the north side of State Road 434 and within six hundred (600') feet on the south side of State Road 434 in the southeastern portion of Town Center, provided that Schrimsher complies with all applicable govermnental requirements. Furthermore, the City acknowledges that Schrimsher shall have the right to utilize other wetlands located within Town Center for the purpose of satisfying "wetland mitigation" requirements related to one or more developments located outside of Town Center. XLIV. Land Use Percenta~es The City agrees that the Schrimsher Property will be entitled to the same minimum mix of land use percentages as set forth in the City's Comprehensive Plan for the Town Center District. XLV. Continuation of Aericultural Classification The City acknowledges that Schrimsher may continue to use all or a portion of the Schrimsher Property for cattle farming operations (excluding beef processing), citrus farining, silviculture/tree-farming or plant nursery purposes until such time as all of the Schrimsher Property is developed in accordance with a City-approved development. Nothing in the Town Center District Code is intended to impair or negate Schrimsher's existing '~'agricultural classification" (for ad valorem tax purposes) as long as and to the extent that Schrimsher maintains a bona fide agricultural operation on the Schrimsher Property in accordance with all applicable laws. The City further acknowledges that Schrimsher may maintain, replace, relocate and erect barbed wire, plain wire mesh or other types of fencing in connection with Schrimsher's agricultural uses and the relocation ofthe Cross Seminole Trail or the development of less than all of the Schrimsher Property. IN WITNESS WHEREOF, Schrimsher and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. ORLDOCS 10014263.12 LKF 06112100 Page 19 of 22 . ~ ( ( ( I'" ,', "SCHRIMSHER" SCHRIMSHER LAND FUND 1986-II,. LTD., a Florida limited partnership By: Schril11sher Inc., a Florida corporation By:~J\kCJ A ~~~/~ Michael A. Schrimsher, Vice President S CHRIMSHER LAND FUND V, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation +~~.4- ~9yL By: Michael A. Schrimsher, Vice President SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation ~A-~1L By: Michael A. Schrimsher, Vice President ORLDOCS 10014263.12 LKF 06/12/00 WITNESSES: WITNESSES: p~o ~N6;j,,<O~ Page 20 of 22 . \. ,'~. . ~ 1', ( ( ( ( .......,1' CITY OF WINTER SPRINGS a FIc . ici I C By: ORLDOCS 10014263.12 LKF 06112/00 WITNESSES: ~/l~ . Print Name: An Vhtlt\ () A- < ~6r't'Ae~ Pri~~'~ ~&W~ ~ Page 21 of 22 . ~ .., to, ( ( ( EXHIBIT LIST Subject Reference in Agreement Exhibit "A" Boundary Map/General Depiction Exhibit "B" Schrimsher Property (legal description to be attached to the short- form memo referenced in Article XXX.) Exhibit "C" Town Center Plan Exhibit "D" Town Center District Exhibit "E" Town Center District Code ORLDOCS 10014263.12 LKF 06112/00 Page 22 of 22 . \ . r . " . . ," II, EXHIBIT" A" Boundary Map/General Depiction ( ( I ( . 'l . .. . .~ ~ 1-' .., EXHIBIT "B" Schrimsher Property ( ( ) ( ( '. ,.../ ~. . TOWN CENTER ~ : ~-_-==,::':::'::'=...r:\~. ! f A. Town Center District Boundary Map District Boundary - - County Enclaves (not in city) <Q ~e J e S'~ .P \ '-- '\ ')- I J> : <' '-./.......,..-' - CQ = E-'l H CQ H ::r:: :><: ~ -'--~.,. " . '\' r' t'" ... . '. EXHIBIT "C" Town Center Plan ( ( . i -. -. . , '.!. IT "C" . _); f. . TOWN CENTER PLAN ( (" : ,I .( 1 . '. ~.." -... J ''"':-.'r.!''''l~.....;..,~..~....,~,~.t:-:"'.';I'' '.. ':','--' '. . ,.:., ,~ " . . '~ . 'l~ I' ,. . EXHIBIT "D" Town Center District ( ( ( 1 " ~ "J. ~,l ).... ",'" ..I ~. ;,.... '. (( r ) ( f \.~. Y' EXHIBIT "D" I I I I 1 I f TO~ CEtliTI:R -::-=.=~~=~\~. ! A. Town Center District Bo'undary Ylap - District Boundary County Enclaves (nor in ~:r:" ~Q .fe ............ @ - ~ - -"- ./ e ~ .J q --6 / ',- ! I I : ~ i '. \.,-- . i EXHIBIT "E" TOWN CENTER DISTRICT CODE (. '. ( - ( ( '- .;," ,~ .:~~ Xf. .~;~(. ~GHeORHOOO PARKS 0.45 AC @ 0:42 AC 0.44 AC @ 0.44 AC KE .TRAIL PARK @ 0.85 AC MAGNOLIA PARK' 0.64 AC to 0.79 AC WETI.ANOS PARK @ 22.33 Acres . '. . l .,~ ( \ , , -. .> 126/00 ;;r-I"'"l . I '00 Z~~ ~ EXHIBIT "A" TRAIL ACCESS LANE · · .. EXISTING TRAIL ALIGNMENT - ... UNPAVED TRAIL ....... PAVED TRAIL SPINE ROAD (COLLECTOR) - · - EDGE DRIVE .,.,. EAS'r/WEST CROSSROAD SEGMENT MAIN STREET ...."". .""",,, .......--~... " 'r ATTACHMENT B " , '\.. " "''''''''' r ~ , i Ii" , .:,<'-\ Ii i~ ,- , ~ ,\ . . . 11 I j, a J' p i 1;;-- I Burkett Engineering, Inc. Civil Engineering Consultants 1M!!. RDbhon~.k8e:l)l 0rIcrnd0. R. 32flO1 1<<m2.u..1260 Far'G'J2~ WHI'ER ..... TOWN CEN'IBl TOWN HilIE8 AIR I!NllLIlIllMB CONCEPT' PLAN \. ....... I -- ATTACHMENT C 11.1 il It JIi' u",.i~el!1 I Ii~JJ I · I I I'. . . I Ii II =! r I I WIm!R ...... TOWII CI!Im!II TOWII .... NIR IIIllLI! .- cc.:srr IPLAN "I \ , :: , -.- .. -._~. , , ., -.J ~I'i'.~~' ~ GtATTING lAC KS'ON KERCHE'R ANGLIN LOPEZ RINE'HART Com".."dty Plalflfillg 33 East Pine Street Orl.ndo. Florid. 32801 P:.407 843 6552 F: .407 839 1789 222 Clem.tis Sireet Suite 200 West p.lm ne.ch Florid., 33401 P: 561 .659 6552 F: 561 833 1790 !"ww:glouing.com ATTACHMENT D September 21,2004 Mr. John Baker, AICP, Senior Planner City of Winter Springs Planning Department 1126Bast State Road 434 Winter Springs, FL 32708 R.ECEiVED h SEP 2 1 2004 'I: dtJ flY' ~;,. , I' 1 L CITY OF WINTER SPRINGS : !L~, . Current Planning .J Dear Mr. Baker, Per your request, we have prepared a summary of changes to the Winter Springs Town Center Town Homes concept plan. The summary of changes entails only those made subsequent to the August 9, 2004 City Commission hearing. Ron McLemore outlined for the Commission a list of strategies that he would like to see implemented. We have addressed these strategies in our revised concept plan or have committed in some way to satisfy each request. 1. Architectural Variation - There needs to be several architectural styles of buildings to provide variety and interest. Buildings facing the major streets need to be of premium design incorporating finer architectural detail and exterior finishes. Engle Homes has committed to satisfying this request. The architectural details and finishes have not been finalized by the architect. The applicant will bring the finished drawing elevations to the City for review. 2. Additional Streets - Additional street intersections need to be added to shorten the length of blocks. We have added three new street connections to shorten the length of the blocks and to create a public edge along the two ponds. The blocks previously referred to as "superblocks" have been reduced substantially by the addition of the new streets. 3. Neil!hborhood Parks - In addition to this large park, neighborhood pocket parks need to be spotted around the development to provide for green spots and points of interest where possible, to preserve specimen trees. I We have increased the amount of public space along the ponds by providing more street frontage. We have created two neighborhood pocket parks on the north pond where the street runs along the pond, The south pond contains three neighborhood pocket parks along its edges where there is street frontage. The stormwater ponds have been designed with a more curvilinear composition. Pedestrian paths are located throughout the development connecting to parks. Focal points are planned along the paths. The private recreational amenities in the large park should remain a private property. The balance of the park should be dedicated to the public. Engle Homes has agreed to satisfy this request. The private club house and park area has been physically separated by a street from the public park area. 4. Street Trees - Intensive street tree planting with more mature trees needs to be incorporated into streetscape plan to provide for eventual canopied streets. Street trees will be planted at a minimum interval of fifty (50) feet on center. Engle Homes has agreed to plant trees that will grow to have a canopied effect over the streets. Where possible, existing large mature trees should be transferred to intermittent points along the streets to provide for a more mature initial streetscape. Where possible, Engle Homes will preserve existing trees. 5. Traffic Calminl! - Several street deflections need to be incorporated into the main streets to slow traffic. At the time of final geometry, curves can be flattened to provide deflection in the street. Other traffic calming measures utilized are narrow pavement widths, on-street parking, short block lengths, interesting scenery captured at our focal points. In addition to the comments above, other changes were made to the August 9th plan is as follows: 2 1. Edge Drive (adjacent to wetland park) proposes a 48' ROW (right- of-way). In the Town Center standards, this is shown with a 40' ROW, with the edge of the paved road on the ROW line. We have created an 8' wide landscape and grade transition strip in the ROW. Street trees will be planted within the landscape strip. 2. Neighborhood streets along the south and easterly sides of the development are shown with a 48 foot ROW, since parking is not needed on both sides of the street.. Thus, we narrowed the pavement width since the ROW was reduced. Again, the narrowing of the pavement is a good traffic calming measure. 3. A 5-unit building was incorporated in to the plan. This allows smaller buildings allowing for a better variation in architectural elements. Thank you for your time in reviewing this information. Should you have any questions or need additional information, please feel free to call me. Sincerely, Jodi Rutmann C: Dan Roberts Bill Burkett John Rinehart 3 Date: 092704 The following Document was provided on 09/27/04 during the discussion of Regular "503" \ -, Sep-27-04 03:34P Dover, Kohl & Partners 305 666 0360 P.Ol DOVER, KOHL &. PARTNERS town planning Memorandum To: John Baker City of Winter Springs Cc: Victor Dover From: James Dougherty Date: 27 Sept, 2004 Subject: Comments regarding the 9/9/04 Engle Homes plan The new streets added tn the latest plan arc very helpful for making the lakes fecllikc public amenities. These additional streets also help to make the vehicular / pedestrian network more fine-grained. The revised configuration of the central wedge-shaped square appears to be bettcr proportioned as well. There are still very few two-sided street spaces in the plan. One place to add compelling two- sided spaecs could be along the pedestrian paths that currently lead from the wedge shaped square north and south to the lakes (see location A in the attached plan). Instead offacing these pedestrian paths with the sides of buildings, compelling spaces could be created by rotating the building bars next to them so that the fronts of buildings face towards them. An additional good view ofthe north lake could easily be created by lining up one of the breaks between buildings on the west side of the lake with the short street on the south- eastern edge of the north-western most block (see location B in the attached plan). 111is pedestrian path would also be marc compelling if faced by the tronts of buildings. 50 feet on ccntcr is slightly spread-out tor the street trees. If the trees are placed c10stlT together, they will better frame the street spaces (dimensions should be checked with the city arborist to ensure they are feasible for the tree species to be used), ~ECEmVEO SEP 2 7 2004 CITY OF WINTER SPRINGS Current Planning sep-27-~4 03:34P D~ver. Kohl & Partners 305 666 0360 P.02 I.~' .." It ....,.. ." ...,............"........... .-.,', ~ i; .~ [ lj ~ ~ j .-------------.--.) u " i ,,' : I / I~ '~/ fl1r~ .1... ilMJ1 I If ~ , } I . , . . I I CITY OF WINTER SPRINGS L. Current Planning ~lEe~~VE . SEP 2 7 2004 . . ! ......... -=- = ,.,. . ........- ~ IUlIf F~ ~ - I I _.... -.-.-'.. \ , I I 111If;!1I~' I II~~ il .u .~!!1 o iii.. I , . I J I I I · . . I , I , , , : ~lSC~~VE' SEP 2 7 2004 CITY OF WINTER SPRIN ;S L. Current Planning , " WIfl'I!R ..... TOWN CI!IfIIR TOWN .... I'IClR I!IIIU! ..- caICI!PT PUll I--=- I .J 48' R.O. W. 8' 10' LANDSCAPE DRIVE AISLE STRIP 10' DRIVE AISLE 8' PARALLEL PARKING r:\_ EDGE DRIVE CROSS SECTION '\::7 NOT TO SCALE 48' R.O.W. 8' 10' LANDSCAPE DRIVE AISLE STRIP 10' DRIVE AISLE 8' PARALLEL PARKING CJ I MODIFIED NEIGHBORHOOD LANE CROSS SECTION NOT TO SCALE 50' R.O. W I I I I 6' t 6' I SIDEWALK ANDSCAPE STRIP 26' PAVEMENT I I I t 6' ~ 6' I ANDSCAP SIDEWALK STRIP CJ NEIGHBORHOOD LANE CROSS SECTION - NOT TO SCALE 60' R.O.W. B' 10' PARALLEL DRIVE AISLE PARKING 10' DRIVE AISLE 8' PARALLEL PARKING CJ NEIGHBORHOOD STREET CROSS SECTION - NOT TO SCALE 105 E. Robinson Street. Suite SOl Orlando. Fl 32801 (-407/2<6-1260 Fox (-40712<6-0<23 WINTER SPRINGS TOWN CENTER ENGLE HOMES ROADWAY CROSS SECTlONS stEEl' 1 OF 1 FIJ!