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Home My WebLink About2004 08 09 Regular 505 COMMISSION AGENDA ITEM 505 Consent Information Public Hearin Re ular x /Dept. J~ August 9, 2004 Meeting MGR.? REQUEST: The Community Development Department requests the Conmlission consider a conceptual development plan for a 436 unit town-house development on 40 acres in the Town Center, located on the east side of Tuskawilla Road, south of St. 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 436 unit town house development on what is presently a wooded 40 acre site immediately east of Tuskawilla Road, south of St. 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 preliminary engineering/subdivision plan that deviates from the Town Center Master Plan and requests direction from the City Commission before proceeding. Subdivision plan approval is required before the project may be pennitted or commence constmction. An existing development agreement (DA), dated June 26, 2000, addresses important issues being considered and is provided as an attachment along with commentary from both the applicant's team and Dover Kohl and Partners. The applicant also seeks direction as to the applicability of the City's Arbor Ordinance on this site and generally throughout the Town Center. APPLICABLE LAW: Chapter 9, City Code. Town Center District Code. Development Agreement August 9, 2004 Regular Item 505 Page 2 of 5 CONSIDERA TIONS: Overview The applicant submitted a preliminary subdivision plan for the 436 town-house development on 40 acres of what is known as the Schrimsher property within the Town Center. The proposed development plan is inconsistent with the Town Center Squares, Parks, and Streets Map set forth in the Town Center Code (Section 20-325 of the City Code of Ordinances). Stonnwater management has not been master-planned for the entire Town Center, as was earlier envisioned. Instead, this individual applicant is providing on- site stomlwater management for the 40 acre site. The applicant has 2 large stonmvater facilities and has designed the project around them to maximize their amenity value. The Lake Trail Park and Small Neighborhood Squares No.2 and 3 are relocated and reconfigured into (substituted for these parks) into one large park with a scenic vista and 2 other parks surrounding the stoml-water facilities (please see Squares, Parks, and Streets Map, Development Agreement Exhibit "A," and proposed concept plan). The applicant believes this is a superior design than that set forth in either the Exhibit "A" and/or the Squares, Parks, and Streets Map in the Town Center Code. Staff suggested that the applicant seek City Commission direction and conceptual approval of this modification before taking it further. The applicant has not addressed the deviations on a point-by-point basis, but has, instead, responded to Victor Dover's July 30,2004, memo (please see both as attachments). Development Agreement An existing DA (please see attached) addresses provision and location of the park sites set forth in the Town Center Squares, Parks, and Streets Map. Copies ofthe DA have been provided to both the applicant's team and Dover Kohl and Partners. Section IV of the DA addresses conveyance of park properties to the City (pages 6 and 7). Paragraph "a" states Schrimsher will convey Magnolia Park and Wetland Park to the City. Paragraph "b" states the following: "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 #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.. ..In addition, Schrimsher shall also have the right to relocate Small Neighborhood Square #2 and 3 a maximum distance of 250 feet in any direction from the location depicted on Exhibit "A"...Any relocated Small Neighborhood Square shall be located on Schrimsher Property and shall not overlap another Small Neighborhood Square, Lake Trail Park, Wetland Park, Spine Road, Edge Drive, East/West Crossroad Segment, the Cross Seminole Trail or any other then existing park or right-of-way... The conveyance of the Small Neighborhood Squares shall occur at such time, and a part of, a City approved Schrimsher development adjacent to the applicable Small Neighborhood Square." The DA requires the applicant to demonstrate the proposal is of equal or better value, with respect to property value and design, as well as to demonstrate the relocation of Small Neighborhood Square 2 August 9, 2004 Regular Item 505 Page 3 of 5 #2 and lor #3 does not exceed 250 feet in any direction from that depicted on the Squares, Parks, and Streets Map, and to demonstrate no overlap. These relocations require a special exception. No provision appears in the DA for substitution of Lake Trail Park - this probably requires amending the development agreement. The applicant proposes to amend the existing DA. Paragraph "c" requires conveyance of the Lake Trail Park to the City when the City approves a Schrimsher development or a retention pond adjacent to the north of Lake Trail Park or the road adjacent to the western boundary of Lake Trail Park or the unpaved portion of the Cross Seminole Trail on the eastern boundary of Lake Trail Park. The applicant is obligated to provide Lake Trail Park to the City, as set f011h in the DA (and its Exhibit "A"). Section XVII of the DA is entitled "Greenspace and Open Space Requirements; Landscaping Requirements." The section reads as follows: "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." The applicant requests the City Commission define the applicability of the Arbor Code within the Town Center. The Town Center Code requires a tree survey (Sec. 20-321 (b) (3) (b)), but contains no tree protection provisions (is silent on tree protection), since tree protection is addressed the Arbor Code (Chapter 5). Victor Dover has indicated that by providing the green areas depicted in the Squares, Parks, and Streets Map that trees are being addressed in this more urban Town Center environment (in contrast to the rest of the City). Discussions with the applicant addressed such possible options as waiving the Arbor Ordinance in conjunction with conveying green spaces, intensive street tree planting, and a possible large tree bank donation. A tree survey has been provided (the applicant states there are hundreds of specimen trees on-site), but the proposed site layout was not designed around and does not appear to purposely incorporate any existing trees. Section XVIll of the DA is entitled "Diagrams/ 'Illustrative Purposes Only'." The section reads as follows: "Except for Wetland Park, Magnolia Park, the Small neighborhood Squares (#2,3,4, and 5), Lake Trail Park, Cross Seminole Trail, the East/W est Crossroad Segment, Main Street Improvements, and Spine Road, which are expressly agreed to by Schrimsher and City pursuant to this Agreement (subject to applicable relocation provisions set forth herein), the City hereby acknowledges that all diagrams and graphics within the Town Center Plan are for "illustrative purposes only" and are intended only to illustrate the intent and concepts of the Town Center District Code." Dover Kohl Comments The attached July 30, 2004, memo from Dover Kohl and Partners addresses the applicant's concept plan. The first comment is that the plan substantially deviates from the adopted Squares, Parks, and Streets Map, which represented a long detailed interactive process that resulted in consensus among the various parties, and should only be substantially modified when absolutely necessary. The second comment addresses the (a) need to avoid straight stretches of street longer than 600 feet without deflection and (b) 3 August 9, 2004 Regular Item 505 Page 4 of5 the need for building type diversity. The third comment addresses the need to have shorter city block lengths with more cross streets and pedestrian circulation. The fomih comment addresses provision of vehicular access around the storm-water ponds, to make them more accessible amenity features. The final comment addresses the relationship of the units adjacent to St. Johns Landing (front of unit versus rear of unit), stating that the rear of these units should faced the trail, wall, and rear ofSt. Johns Landing. Trail The applicants proposal depicts the neighborhood street adjacent to the Cross-Seminole Trail, in contrast to the depiction on the Squares, Parks, and Streets Map within the Town Center Code. While this appears permissible pursuant to Section XVIII of the DA, staff wishes to make note of the difference and requests the City Commission state which alternative it prefers. Dover Kohl and Partners comment 2 (D) addresses the relation of the buildings to the adjacent St. Johns Landing. Comprehensive Plan The Comprehensive Plan's Transportation Element Policy 1.6.2 requires residential development of more than 200 units to incorporate space for bus stops, that transit stops meet ADA requirements, and that parking lot and intersection radii be designed to accommodate bus use. This is reinforced by Transportation Element Policy 1.5.5, which addresses bus stops and alternate (to automobile) transportation and requires site plan review to "ensure intermodal transfers are efficiently implemented." This must be provided during the subdivision process. FINDINGS: 1. The proposed development is located within the City of Winter Springs, within the Town Center Future Land Use designation and zoning district. 2. The proposed development site is adjacent to the east side of TuskawiIla Road (Main Street), the south side of St. Johns Landing, and abuts the Cross Seminole Trail. Staff contacted the City's Town Center consultant, Dover Kohl & Pminers, regarding the applicable design scenario (please see attached memo). 3. The basic subdivision "foot-print" is inconsistent with the Town Center Plan's Squares, Parks, and Streets Map incorporated in Section 20-325 of the City Code of Ordinances. 4. The proposal is inconsistent with the existing development agreement, dated June 26,2000, which addresses provision of the park and small neighborhood squares (please see attached). RECOMMENDATION: Staff recommends the City Commission consider the applicant's proposal in light of the existing development agreement, the Town Center Code, and Dover Kohl and Partners comments. Staff believes that the applicant should clearly address each deviation from the Code and the development agreement on a point by point basis. The applicant should provide the proposed development agreement amendments for the staffDRC and subsequently the City Commission to review. Only when each issue is clearly identified and adequately addressed, can an intelligent decision be made regarding the changes. Then, if the City Commission decides in favor of the applicant's proposal, the Commission should determine whether or not to amend the development agreement, require a special exception, or pursue some other acceptable alternative. 4 August 9, 2004 Regular Item 505 Page 5 of5 ATTACHMENTS: A - Development Agreement B - Squares, Parks, and Streets Map C - Dover Kohl Memo D - Glatting Jackson Letter E - Conceptual Development Plan COMMISSION ACTION: 5 l:", . II . ~ . 2 t ,.J' I ( . ~ ATTACHMENT 'A AGREEMENT ')/~ 5~ An Agreement made and entered into thi~ day of _,2000 by and among Schrimsher Land Fund 1986 - II, Ltd., Schrimsher Land Fund V, Ltd., and Schrimsher Land Fund VI, Ltd., herein referred to as "Schrimsher" and the City of Winter Springs, a municipal corporation existing under the laws of the State of Florida herein referred to as "City". RECITALS 1. WHEREAS, Section 163.3167, Florida Statutes provides that each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component ofthe local comprehensive plan through a collaborative planning process with meaningful public participation, and 2. WHEREAS, the City completed a comprehensive planning study, with extensive public participation from local residents and local, county, and state officials, which resulted in the adoption of the Winter Springs Town Center Plan, and 3 . WHEREAS, Schrimsher owns land located within the boundaries of the City of Winter Springs Town Center, and 4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and agreement regarding their respective i.nterests, 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 gart of this Agreement. ORLDOCS 10014263.12 LKF 06/12/00 Page I of 22 l -,' ..lo ~ ~, II. Definitions. . Unless the context clearly indicates otherwise, the following words and phrases when used in this Agreement shall have the meaning ascribed below: a) "City" shall mean the City of Winter Springs, a Florida municipal corporation. b) "City Code" shall mean the City Code of the City of Winter Springs, Florida. c) "EastlWest Crossroad Segment" shall mean that segment of a roadway (formerly known as "Cross Seminole Trail Street") to be located upon the Schrimsher Property in a location generally depicted in the boundary map attached hereto as Exhibit "A", which .is hereby fully incorporated herein by this reference. d) "East Market Square Parcel" shall mean that portion of Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. The East Market Square Parcel shall be approximately eight and 25/100ths (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 iricorporated 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 approv'ed Schrimsher development or a retention pond on its northern boundary and (iv) be contiguous to the unpaved portion of the Cross Seminole Trail on its eastern boundary. f) "Magnolia Park" shall mean that portion of the Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. Magnolia Park shall consist of not less than sixty-four/one hundredths (0.64) acres and not more than seventy-nine/one hundredths (0.79) acres as depicted on Exhibit "A" unless another configuration is agreed upon by the parties in writing; provided, however, to the extent that Magnolia Park is less than seventy-nine/one hundredths (0.79) acres, Schrimsher agrees that such difference (i.e., not to exceed fifteen/one hundredths (0.15) of an acre) shall be added to one or more 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 District Code 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. ORLDOCS 10014263.12 LKF 06112100 Page 2 of 22 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 Wetland Park as a single-loaded road. Spine Road will run as close as practicable to the Wetland Park in order to reduce the amount of isolated uplands between Spine Road and Wetland Park. The location of Spine Road is generally depicted in the sketch attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. 1) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs Town Center Master Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, a copy of which is attached hereto as Exhibit "C" and hereby fully incorporated herein by this reference. m) "Town Center District" shall mean the town center area located in the City of Winter Springs that is depicted in the attached Exhibit "D" which is hereby fully . . incorporated herein by this reference. n) "Town Center District Code" shall mean the town center zoning district code adopted by the City Commission of Winter Springs on June 12, 2000, which is attached hereto as Exhibit "E" and hereby fully incorporated herein by this reference. 0) "Wetland Park" shall mean that portion of the Schrimsher Property more particularly described in the boundary map attached hereto as Exhibit "A" which is hereby fully incorporated herein by this reference. Wetland Park shall consist of not less than twenty-two and 33/1 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 ofthe Cross Seminole Trail. ORLDOCS 10014263.12 LKF 06112/00 Page 3 of 22 . \ ti I . . ,L If III. Trail Realignment. 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 ofthe Schrimsher Property, the City and Schrimsher agree as follows: a) For purposes of realigning the Cross Seminole Trail in accordance with the Town Center Plan, Schrimsher (in exchange for receiving fee-simple ownership of a portion ofthe 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 of the Cross Seminole Trail traversing the easterly and northerly portion ofthe SchTImsher Property shall be located adjacent to or as close as practicable to the contiguous wetlands (lying easterly and northerly of the Schrimsher Property) in order to minimize the amount of isolated uplands (i.e., non- wetlands) located between the unpaved portion of the Cross Seminole Trail and such wetlands (the "Isolated Uplands"). The City acknowledges that any such Isolated Uplands may be included in the land exchange with the State of Florida to meet the "2 to I" ratio exchange requirement of the FOG&T if allowed by the FOG&T. The City also agrees not to oppose any further minor modifications to the alignment of the Cross Seminole Trail located within the Schrimsher Property provided such minor modifications are approved in writing by the FOG&T and do not materially adversely affect the intent and concepts ofthe Town Center District Code and the minor modifications are consistent with the terms and 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 and/or 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. Ifthe 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 ofthe 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 06/12/00 Page 4 of 22 /. . /''''\ ..,;, . .. . . such effort on the part of the City. Likewise, if Schrimsher elects to seek the appropriate approvals to vacate or otherwise utilize for any purpose 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 of the paved portion of the Cross Seminole Trail may be located on the northern side of Edge Drive (as generally depicted on Exhibit "A" attached hereto) so long as the Cross Seminole Trail does not reduce the width of Edge Drive. b) At the time Schrimsher donates such property located within the boundaries of the Schrimsher Property, Schrimsher shall reserve (i) perpetual easements for roadways, walkways and utility purposes (including, without limitation, sewer, water, drainage, natural gas, cable, electricity and telephone) (the "Ro.adwayfUtility Easements"), crossing over and under the Cross Seminole Trail at the locations generally depicted on Exhibit "A" where roadways, walkways and/or utilities overlap or intersect with the Cross-SeminOle Trail; and (ii) a fifteen foot (15') temporary construction and a five foot (5') perpetual maintenance easement for construction and maintenance of the Wall defined in Article XI below (the "Wall Easements"). Schrimsher agrees to dedicate such RoadwayfUtility Easements to the City in connection with the construction and rnstalfadoII of SUCh roadways and utIhtIes. The Roadway Utility Easements dedicated to the City shall be in a fonn acceptable to the City. c) Upon execution her~of, the City shall, at its expense, promptly commence and diligently pursue the completion of the desi n, e;gineering, ' permitting, surveying and' construction ofthat ortion of the Cross e . '1 whlC IS ocated on the property to be donate c 'msher. T su e shall inc de sketches and Ie aI.descri tions of e locations for the RoadwayfUtility Easements and the Wall Easements. Upon completion of construction of that portion of the Cross Seminole Trail located upon the Schrimsher . Property, the City a~ees to maintain such portionofthe Cross Semin~ Trail and, to the extent permitted by law, to indemnifY and holdSchriffisher and Schrimsher Property harmless against any loss, damage, liens or expenses, associated with or resulting from the City's design, engineering, permitting, surveying, constructing and maintaining the Cross Seminole Trail. The City will coordinate with Schrimsher to identify the location of the RoadwayfUtility Easements and the Wall Easements. City agrees that Schrimsher's engineers (who shall be qualified and experienced in roadway and/or "trail" engineering and permitting) and surveyors will be able to review and provide input into the design, surveying and permitting process for that portion 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 10014263.12 LKF 06/12/00 Page 5 of 22 ",' ,l' 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 and Wetl,md Park. b) Schrimsher also agrees to convey to the City the Small Neighborhood Squares (#2, 3, 4, and 5), as generally depicted on Exhibit "A", unless said Squares are substituted by special exception granted by the City Commission of Winter Springs. Special exceptions will not be unreasonably withheld by the City, provided the substituted Small Neighborhood Square is of equal or better value than what is proposed in the Town Center District Code with respect to property value and design. Small. Neighborhood Square #5 shall be a minimum of point forty-four (.44) acres. Small Neighborhood Square #4 shall be a minimum of point forty-two (.42) acres. Small Neighborhood Square #3 shall be a minimum of point forty-four (.44) acres. Small Neighborhood Square #2 shall be a minimum of point forty-five (.45) acres. These minimum acreages of the Small Neighborhood Squares #5, 4, 3 and 2 include all rights-of-way around the perimeter of each Small Neighborhood Square as depicted on Exhibit "A". In addition, Schrimsher shall also have the right to relocate Small Neighborhood Square #2 and 3 a maximum distance of250 feet in any direction from the location depicted on Exhibit "A"; Small Neighborhood Squares #4 and #5 may be relocated a maximum-distance of250.00 feet to the east or west, and to the south as part of any relocation or adjustment ofEast/W est Crossroad Segment pursuant to Article XIV ofthis Agreement. Any relocated Small Neighborhood Square shall be located on Schrimsher Property and shall not overlap another Small Neighborhood Square, Lake Trail Park, Wetland Park, Spine Road, Edge Drive, East/West Crossroad Segment, the Cross Seminole Trail or any other then existing park or right-of-way. The distance shall be measured beginning from the boundary ofthe subject Small Neighborhood Square that is closest to 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 ofthe construction of (i) either a City approved Schrimsher development or a retention pond adjacent to the north of Lake Trail Park or (ii) the road adjacent to the ORLDOCS 10014263.12 LKF 06112100 Page 6 of 22 I. I /, .~ ~ I.f. , /; t' I I western boundary of Lake Trail Park or (iii) the unpaved portion ofthe Cross Seminole Trail on the eastern boundary of Lake Trail Park. d) Schrimsher agrees to convey rights of way and easements and improvements to rights of way and easements similar to those depicted in the Town Center District Code and located on Schrimsher Property at such time, and as part of a City approved Schrimsher development, in a manner in which similar conveyances are required in connection with similar developments within the City. e) Except for the conveyances from Schrimsher to the City so described in this Article IV (i.e. Wetland Park; Magnolia Park; Small Neighborhood Squares #2,3,4 and 5 and Lake Trail Park), Schrimsher shall have no further obligation to convey to the City any property for park, open space or green space purposes. f) Schrimsher shall not make any claims for extraordinary excess development costs for single-loaded roads traversing Schrimsher Property in accordance with this Agreement and the Town Center District Code. V. City Obli~ations. In consideration of Schrimsher (i) conveying to the City Magnolia Park and Wetland Park, as described in Article IV(a), (ii) conveying to the City the Small Neighborhood Squares, Lake Trail Park, rights of way, easements, and improvements to said rights of way and easements as described in Article IV(b), (c) and (d), (iii) not making any claim for single-loaded road as described in Article IV(t), and (iv) agreeing to the terms and conditions contained in this Agreement, the City, at its expense, agrees to do the following: a) Within eighteen (18) months from the effective date ofthis Agreement, extend and connect (i.e., "stub in") City water distribution and sewer collection facilities to the boundaries of Schrimsher Property in sufficient capacity to reasonably accommodate and guarantee the level of service capacity required for the Town Center and Schrimsher Property. Except as provided in Article V(c) and V(d) below relating to Spine Road and Main Street Improvements, the City shall not be required to extend either sewer or water facilities into the interior portion of the Schrimsher Property unless agreed upon in future written developer agreements. The City also guarantees sufficient capacity within the sewer and water treatment plants to reasonably accommodate and guarantee the level of service required for the Town Center and Schrimsher Property. The City also agrees that no special City water or sewer connection charge or assessment will be applied to Schrimsher Property for purposes of reimbursing the City for the expense of extending and connecting the City's water distribution and sewer collection facilities to Schrimsher's Property as described above; provided, however, individual users within the Schrimsher Property may be charged the same normal and regular "City-wide" connection fee that is customarily charged to all ORLDOCS 10014263.12 LKF 06112/00 Page 7 of 22 ! ( t . .l ~ 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 Permit from the St. John's Water Management District for the Town Center and expedite to the fullest extent possible completion ofthe master stonnwater pennitting within the Town Center and Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced in stormwater engineering and permitting) will be able to provide input into the design and permitting process for the Master Stonnwater Management 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 withhold said approval. In no event will the Schrimsher Property be required to accommodate a disproportionate area/acreage of retention ponds or amount (i.e., volume or rate) ofthe stormwater gener~ted in Town Center unless otherwise agreed to by Schrimsher in writing. c) Designate Spine Road a City collector road and process an amendment to the City's Comprehensive Plan, Traffic Circulation Element,.to so designate. City also agrees, at its expense, to begin designing, engineering, surveying and permitting Spine Road upon the effective date of this Agreement; and the City agrees to commence good faith construction Sine Road within two (2) years from said effective date and to diligently pursue completion of such construCtion. c'msher agrees that City shall have the right of entry and ingress and egress to and from Schrimsher Property for purposes of designing, engineering, permitting, surveying and constructing Spine Road, and, in such event, the City agrees, to the extent permitted by law, to indemnify and hold Schrimsher and the Schrimsher Property harmless against any loss, damage, liens or expenses associated with or resulting from the City designing, engineering, permitting, surveying and constructing of Spine Road. However, if Schrimsher desires to construct Spine Road in accordance with the Town Center District Code, prior to the City's schedule for said construction provided herein, Schrimsher may design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then be eligible for.and receive in cOlmection with the development of the Schrimsher Property transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for oesi nin en' eering, permitting, surveying and construction of the Spine Road . ~ costs shall be deemed to be for non-slte-re ate Improvemen s. ccrued credits shall be applied to the development of Schrimsher Property. Regardless of which party constructs Spine Road, the City, at its expense and concurrently with the construction of Spine Road, agrees to design, permit, and construct water and sewer utilities for Spine Road required for the Town Center and Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall convey the right of way for Spine Road to the City at such time as the City has obtained all ORLDOCS 10014263.12 LKF 06/12/00 Page 8 of 22 ,\ t/ necessary permits for the City to constmct Spine Road or at such time that Schrimsher has completed constmction 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 ane! permitting process for Spine Road and the Spine Road Utilities; and that any and all related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and provide any such input pursuant to the City's reasonable time schedule. If the City adopts a traffic concurrency management ordinance, the City agrees to favorably consider the allocation of reasonably sufficient traffic capacity to Town Center and/or appropriate levels of service to accommodate the development of Town Center as anticipated in the Town Center District Code. d) Designate that portion of 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 constmct the Main Street Improvements substantially within the alignment shown on Exhibit "A". The City also agrees to promptly commence the design, engineering and permitting within ninety (90) days of the effective date of this Agreement, exercise their best.efforts to commence constmction as soon as possible and to diligently pursue completion of such constmction 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 pennits necessary to constmct the Main Street Improvements~ Because Schrimsher only owns property on one side of that portion of Tuskawilla Road described as Main Street, Schrimsher shall only be required to convey the one~half(i.e., not more than eleven (11) feet wide) of the needed nght-of-way which is located on -It Schrimsher's side of Tuskawilla Road. Schrimsher agrees that City shall have the right of entry and ingress and egress to and from the Schrimsher Property for purposes of designing, engineering, permitting, surveying and constmcting the Main Street Improvements, and, in such event, the City agrees, to the extent permitted by law, to indemnify and hold Schrimsher and the Schrimsher Property halmless against any loss, damage, liens or expenses associated with or resulting from the City designing, engineering, permitting, surveying and constmcting 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, permit, survey, and constmct the Main Street Improvements at Schrimsher's expense and the ORLDOCS'10014263.12 LKF 06/12/00 Page 9 of 22 .il .) ,.' conveyance shall occur at such time Schrimsher has completed construction of said improvements. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then be eligible for and receive in connection with the development ofthe Schrimsher Property transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for design, engineering, surveying, pem1itting and construction of the Main Street Improvements. Accrued credits shall be applied to the development of Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced in roadway and water and sewer utilities engineering and permitting) will be able to review and provide input into the design and permitting process for the Main Street Improvements; and that any and all related applications and/or submittals to all applicable governmental agencies that may affect Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and provide any such input pursuant to the City's reasonable time schedule. VI. Inclusion of Property in Town Center District. Schrimsher consents to the inclusion of the Schrimsher Property into the Town Center District subject to the terms and conditions hereof. VII. Adoption of Town Center District Code. Schrimsher hereby consents to the adoption of the Town Center District Code and its applicability to the Schrimsher Property subject to the terms and conditions hereof. VIII. Future Land Use Change. Schrimsher and the City acknowledge that the future land use designation for the Schrimsher Property shall be Town Center at such time said designation is approved by the City. Specifically, and without limitation, the parties intend for the future land use designation under the City's Comprehensive Plan to be amended to accommodate the Town Center District Code and to correct the future land use designation of the Rustic Residential Property (to Town Center) which was inadvertently previously changed by City from commercial to "rustic residential". The City shall immediately administratively initiate and diligently process through completion said comprehensive plan amendments and also effectuate any administrative rezoning necessary to implement the foregoing land use change. All future land use changes shall comply with the procedures set forth in chapter 163, Florida Statutes and the City Code of Winter Springs. IX. East Market Square Parcel. Provided that the site and building plan are consistent with the City Code and Town Center District Code, the City agrees and ac~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 06/12/00 Page 10 of 22 .,1 , . ( t I f '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 Schrimsher 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. St. 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. Jo1m's Landing Subdivision if approved by the owners of the applicable lots within St. John's Landing Subdivision) in connection with any commercial or multi-family development adjacent to the developable lots within the St. John's Landing Subdivision along or near the current perimeter of the Schrimsher Property, provided said Wall is required by the City Code. To the extent a Wall is required, the maximum length of the Wall shall commence at the Tuskawilla Road right-of-way and shall extend to and terminate at the southeastern comer of the eastern-most developable lot contiguous to the common boundary between St. Johns Landing Subdivision and the Schrimsher Property. No portion of the Wall will be required adjacent to any retention pond within the St. Johns Landing Subdivision. Schrimsher agrees that individual lot owners within St. Johns 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. lohll'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 10014263.12lKF '06112100 Page 11 of 22 . .\ ., 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. Otherwise, buffer walls and fences separating different types ofland uses will be allowed but not required within the interior portion of the Town Center District. XIII. Wetland Delineation of Wetland Park. The parti~s acknowledge that Schrimsher has previously obtained from the U.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 Par~ XIV. East/West Crossroad Se~. 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 of 100 feet from the location depicted on Exhibit "A". Schrimsher may also make minor adjustments to the location ofthe EastIW 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 EastIW 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 will not be running along the East/W est Crossroad Segment, the right-of-way for East/W est Crossroad Segment shall be 60 feet in width, according to the design of a Town Center Street and the location and shape of Small Neighborhood Squares #4 and 5 shall shift accordingly. ORLDOCS 10014263.12 LKF 06/12/00 Page 12 of 22 '1' ( I , .. XV. Spine Road Traffic Signal. In conjunction with the constIUction of the Spine Road north or south of State Road 434, the City will cooperate with the Florida Department of Transportation and Schrimsher in any proposal to install a traffic signal at the intersection of the Spine Road and State Road 434 and to install a median break within State Road 434 approximately midway between the intersections at Tuskawilla Road and the Spine Road. Nothing herein is intended to obligate the City to contribute any funds toward the cost of the traffic signal or median cut. XVI. Connection to 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 constIUction of said road shall be consistent withl:he City Code, subject to site plan review and approval by the City, and at Schrimsher's sole cost and expense. XVII. Greenspace and Open Space Requirements~ Landscaping Requirements. Both parties agree that there are no minimum greenspace or open"space requirements within the Town Center District. However, Schrimsher agrees to comply with the landscaping requirements within the Town Center District as set forth in the Town Center District Code. XVIII. Diagrams/"Illustrative Purposes Only". Except for Wetland Park, Magnolia Park, the Small Neighborhood Squares (#2, 3, 4 and 5), Lake Trail Park, Cross Seminole Trail, the East/West Crossroad Segment, Main Street Improvements, and Spine Road, which are expressly agreed to by Schrimsher and City pursuant to this Agreement (subject to applicable relocation provisions set forth herein), the City hereby acknowledges that all diagrams and graphics within the Town Center Plan and the Town Center District Code, which are depicted on Schrimsher Property, are for "illustrative purposes only" and are intended only to illustrate the intent and concepts ofthe Town Center District Code. XIX. Periodic Review. This Agreement shall be subject to periodic review by the parties. Periodically, City and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under this Agreement and whether any amendments should be made to this Agreement in furtherance of each others mutual interests. Additionally, during said review, the parties may discuss proposing amendments to the Town Center District Code which may be needed to promote the public's interest in creating an economically viable Town Center. Nothing in ORLDOCS 10014263.12 LKF 06112/00 Page 13 of 22 .,' J- \: this Agreement shall preclude Schrimsher from exercising its right to seek an amendment to the land use designation or zoning of the Schrimsher Property. XX. Cooperation. Schrimsher and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. XXI. Authority. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. Schrimsher also represents that all legal and equitable title to the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher is duly authorized to bind the Schrimsher Property to the terms and conditions contained in this Agreement. City also represents that all requirements and procedures, including public hearings, have been properly conducted so that the execution hereof by the City shall constitute the final action ofthe City. XXII. Notices. \ \, Any notice required or allowed to be delivered hereunder shall be in writing and shall be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b) upon receipt of such notice, when deposited in the United States mail, postage prepaid, certified or registered mail, return receipt requested, or ( c) one day after deposit with a nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., addressed to a party at the other address as specified below or from time to time by written notice to the other party delivered in accordance herewith. \ Schrimsher: Schrimsher Land Fund 1986 - II, V & VI, Ltd. c/o Michael A. Schrimsher Schrimsher Properties 600 E. Colonial Drive, Suite 100 Orlando, Florida 32803 Phone: 407/423/7600 Fax: 407/648/9230 With Copy to: Michael 1. Grindstaff, Esquire Shutts & Bowen LLP 20 N. Orange Avenue, Suite 1000 Orlando, Florida 32801 Phone: 407/423/3200 Fax: 407/425/8316 ORLDOCS 10014263.12 LKF 06112/00 Page 14 of 22 ". I' 1 ~ . I , : ( \. ( I City: 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 With Copy to: 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 XXIII. 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 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 re<olsonable 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~ 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 06/12/00 Page 15 of 22 .;' I', " I', ( (" I, i XXVI. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto. XXVII. Entire Aereement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and Schrimsher as to the subject matter hereof. XXVIII. Severability. If any provision ofthis Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder 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 of the real property described in Exhibit B (the "Schrimsher Property") and shall otherwise be in a form mutually acceptable to the City and Schrimsher. XXXI. Relationshi{> 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. Sovereien 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' 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, tenn, or restriction. XXXVII. Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. XXXVIII. Counterparts. This Agreement may be executed in any number of counterparts, each ofwhich when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. ORLDOCS 10014263.12 LKF 06112/00 Page 17 of 22 ,ft ,I \, I " 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 acceptab Ie 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 oUlle City Commission oeWinter Springs. The City Commission ofthe City of Winter Springs hereby finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City. The City_Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII .ofthe 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 ofthe 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 pemlanently removed pursuant to this Agreement. One billboard is located on the Schrimsher Property (i.e., within Town Center) on the south side of State Road 434 and the other is located east of Town Center on the north side of State Road 434. Schrimsher agrees 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 06112/00 Page 18 of 22 . . a vertical structure (other than the Cross Seminole Trail Bridge) that is within a four hundred foot (400') radius 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 governmental requirements. Furthermore, the City acknowledges that Schrimsher shall have the right to utilize other wetlands located within Town Center for the purpose of satisfying "wetland mitigation" requirements related to one or more developments located outside of Town Center. XLIV. Land Use Percentaees The City agrees that the Schrimsher Property will be entitled to the same minimum mix of land use percentages as set forth in the City's Comprehensive Plan for the Town Center District. ( ~ XLV. Continuation of Ag.ricultural Classification The City acknowledges that Schrimsher may continue to use all or a portion of the Schrimsher Property for cattle farming operations (excluding beef processing), citrus 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 06/12/00 Page 19 of 22 . .. I . ,', ( ( "SCHRIMSHER" SCHRIMSHER LAND FUND] 986-II, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation BY:_-RlJ~J A ~q>~ Michael A. Schrimsher, Vice President SCHRIMSHER LAND FUND V, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation 1J\;~~.4 '2;5~.L By: Michael A. Schrimsher, Vice President SCHRIMSHER LAND FUND VI, LTD., a Florida limited partnership By: Schrimsher Inc., a Florida corporation By: ~7 A-'S-9~ Michael A. Schrimsher, Vice President ORLDOCS 10014263.12 LKF 06112/00 WITNESSES: WITNESSES: Page 20 of 22 I. . ~ I " . ( t ( ( CITY OF WINTER SPRINGS a FIo . ici I C By: ORLDOCS 10014263.12 LKF 06112/00 WITNESSES: bi!J(l~ . Print Name: ~VhO\-\O A-, ~O~e~ prit~/y~~~~~ Page 21 of 22 . I .' ( ( Subiect Exhibit "A" Exhibit "B" Exhibit "c" Exhibit "D" Exhibit "E" ORLDOCS 10014263.12 LKF 06/12/00 EXHIBIT LIST Reference in Agreement Boundary Map/General Depiction Schrimsher Property (legal description to be attached to the short- form memo referenced in Article XXX.) Town Center Plan Town Center District Town Center District Code Page 22 of 22 . . , \ \ . 1 " ,", ," EXHIBIT" A" Boundary Map/General Depiction ........... ~GHBORHOOD PARKS 0.45 AC G) 0:42 AC 0.44 AC @ 0.44 AC KE TRAIL PARK @ 0.B5 AC MAGNOUA PARK 0.64 AC to 0.79 AC WETLANDS PARK @ 22..3.3 Acres ... "~ '::;;..: ':',:,-. .,. :;1.: 126/00 ~~ . k EXHIBIT "A" TRAIL ACCESS LANE · - -. EXISTING TRAIL ALIGNMENT - -- UNP A VED TRAIL ....... PAVED TRAIL SPINE ROAD (COLLECTOR) - · - EDGE DRIVE · I. I. EAST/WEST CROSSROAD SEGMENT MAIN STREET " .,.,... .......~.~.. . lj' lJ r:- ~ EXHIBIT "B" Schrimsher Property ( ( ( ( ~. TOwN CENTER .- - :- - - - ::. .= ~ . . ! A. Town Center District Boundary Map District Boundary - - County Enclaves (not in city) f < Q.,{- e J e<..f' qp - , \ '-- '\ \.l~ I - (:Q : 8 H (:Q H ::r:: :x: w " - \- EXHIBIT "C" Town Center Plan . i - I". . . :"', , - ). EXIi.. IT "C" TOWN CENTER PLAN ( {' ( .. _..0, .... , .....'.."'<':...,~~,,."" ~~'-":'''.'''r.'t:'',,;.,?It.'~ '~"_' .', '. _ ' " _I' .. I. .' EXHIBIT "D" Town Center District ( t: ... r. ~. ( .-'" "'. (( . ( ( EXHIBIT "D" f ~ Q,f e '-, @ "', / '. ':. ../ e . J' L" -/.) ,- '. '..-- EXHIBIT "E" TOWN CENTER DISTRICT CODE c( ( I 1. ATTACHMENT B c. Squares, Parks arid Streets Map ) Legend ---) _ Squares and Parks (pp.12-l7) - Main Street (p.1S) - SR 434 Frontage Road (optional) (p.19) .', Urban Boulevard (p.20) - Town Center Street (p.2l) Edge 'Drive (p.22) - Neighborhood Street (p.23) - Neighborhood Lane (p.25) f . .--~ · · · · Cross Seminole Trail Routes Neighborhood Square #5 (p.l7) ~'-. " " "~ , \, '. , Town Center District Code JlIIwI2.2um Page 11 Jul-30-04 01:12P ATTACHMENT C. 666 0360 P.Ol DOVER, KOHL & PARTNERS town planning Memorandum To: Eloise Sahlstrom, John Baker City of Winter Springs Cc: Victor Dover From: James Dougherty Date:. 30 July, 2004 Subject: Comments regarding the Engle Homes Townhomes Concept Plan 3 Comments: 1. Overall comment: This plan deviates substantially from the adopted Squares, Parks and Streets Map for this area in the Winter Springs Town Center District Code. It is unclear why it is necessary for the plan to deviate to this degree. This plan would require a substantial portion of the street configurations in the Town Center District Code to be amended, and sets an undesirable precedent. The Squares, Parks and Streets Map in the Town Center District Code is the result of a long interactive design process involving public input and the participation of property owners, public officials and planners. The Squares, Parks and Streets Map represents a consensus achieved among these groups for how the Town Center should be configured, and should only be substantially modified when absolutely necessary. 2. Specific comments on the plan: A. The City Commission has in the past expressed strong reservations about long monotonous stretches of identical buildings in the Town Center. The plan currently shows a number of very long straight streets lined with a single building type. These streets would be much better with deflections to prevent overly long vistas. A good common rule ofthumb is to allow no longer than about 600 feet of straight street without some type of deflection. The plan would also be greatly improved with more diversity in building types. B. The street network should be finer grained. The blocks presently shown are extremely long. They should be subdivided with more cross streets, providing more routes for traffic to circulate and disperse. Blocks can be further subdivided with pedestrian-only connections to create an even finer-grained network of streets. C. It would be best to have more vehicular access around the lakes. This will make vehicular circulation easier with a finer-grained block pattern. This will also increase the lakes' appeal as amenities and make them accessible to more residents. It is fine to have portions of the lake served by pedestrian only access, but it is best if this is the exception rather than the rule. D. The St. John's Landing backup wall would be best faced by the backs of buildings (fronts should face fronts, backs should face backs). Instead of a road along the backup wall, an alley would be more appropriate, which could serve the backs of units. AUi-03-04 [C .lack F. Gln";.,!;. Founder WilJi.l1IJ. Anglin,)r. Dovid L .I3""h JQY H. Exum C"",y S, H.yo ].y It. Hon<! Til1lo<ily 1:).duan Willi"", C. KerdICT.]r. W.Jrer M. KlIIa,l, Sh.ltvn K. l:1m'nn~ s. IYYlllund Lop"1I ThulIl"J. M(/"hekm.]r. john H. Percy )OOn F. Rinohm ere!!O'}' I\. Dry!" Koren T. Olmpblin fr.II1<.~ ChondJ.r-M:ltinu D~vld R. Cl:lw Ch.tl.. I'. Cobbl. Mi,'h.., R. Coello," A. U1.kc lJrury CIumi 6. ElIl.iu Sandy A./'rnnkl UOUtflDI V. e.in.. Utuce c. /of>!l P..1ricio s. Hurd )1),..,1= W, Huffill.n G.iI p. I.lIc.y IltrnlA.l:1..-y Wil/i.lm D. Li{n I.., M. Luckwood Kok Won Mah j.tfh,y Po M.nuel EdWllrd J. McKinney R..lld.J) S. MOJour D"UboJ.> A. M.1Zb",r John]. Moor. III B>lr.J N. Moh.l>c./' Jun.rh.., M, MUb'uun ICxhlrm S. O'SLIUIV"l KeU~y S;unuels ~~"'''J(lau HeAth... J. l'h..1 Tray p, R.\I01 .Iud; L. RutrNnn T= /-, S:llmie,; ~e"'r c:, 5<."'or Mil;!l...J Sob=k jdr M. SIIg-olt l\uruld L UrL....ni.k C. W4dc W.Jk... Cory E. W..."... Donold t~. Wi,Jull C"",,,,,,,,ltJo PI~""ln.r 33 1::0" Pine Stree, Ortondu. Flori<f~ 321101 1': 4117 H43 6552 f: 407 ~3Y r?1I9 www.t{/n<rinil..urn A.rlaftt~ . OtltlnJu Iff... ~IIII aed,h 04:02pm P.OO2/004 F-518 F rom-GLA HI NG . 4078391789 ____ T-397 J ,n,,,"" ,....,;, V!, ATTACHMENT D KER.CHER ANGLIN LOPEZ R.INEIiAR T August 3, 2004 Mr. John Baker, AICP, Senior Planner City of Winter Springs Planning Deparunent 1126 East State Road 434 Winter Springs, FL 32708 REceIVED AUG 0 3 2004 CITY OF V\~NTER SPRINGS Current PlannIng Dear Mr. Baker, We appreciate staff's review of the Town Center Towll Homes application submined by Engle Homes. We received staff's comments, which include the letter from the town's consultant, Dover Kohl & Partners, dated July 30, 2004. We recognize that successful development of tlle town home site, consistent with the intent of the Winter Springs District Code, will contribute significantly to the success of the Winter Springs Town Center. We are looking forward to presenting the details of Engle's plan at the August 9th City Commission meeting. Preparatory to that mee~ing we have prepared a response to the staff comments we have received. 1. Paragraph 1, Overall Commenl, states in part, "It is unclear why it is necessary for the plan to deviate to this degree. This plan would require a substantial pOltion of the street configurations in the Town Center District Code to be amended, and sets an l.U1desirable precedent." It is our intent to meet the desigIl concept of the Winter Springs Town Center, however as we have discussed, We must request a deviation from the Squares, Parks and Street plan to accommodate OUI stomlwater retention needs. We believe in fact that this change actually results in a more pedestrian-oriented commlUnly, 'nle City anticipated the potential need to deviate from the plan [or specific circlUllsLances such as this. In accordance with the Town Center District Code, Section VI, Squares, Parks, and Street Types, Paragraph four, "Panlcular details of the Illustrative Buildout Drawing and other sketches, illustration, drawings and diagrams contained herein are subject to change, at the request of the affect~d property owner, with approval by the Developmem Review Committee and, if required below, with the approval of tlle City Commission." Streets, roads, alleys, block framework, squares, parks, and public spaces are all included in this code section as plan elements that may incllT a change from the Parks, Sqllares, and Street Plan. With approval only by [he Development Review Committee, the location of storTIlwater retention areas may deviate, as well. The design of the Town Center district plan was predicated on creating a master stormwater retention plan encompassing the entire district. The su~ject property's stOIlTIwater retention needs were provided on adjacent property which the developer fnllN (','llra TiJ1l'n I/OIIIL'S S "3i:;UO-l /'OP,l' I {J/3 AUi-03-04 04:02pm From-GLATTING [C 4078391789 T-397 P.003/004 F-518 does not control. Therefore, it is necessary to modify the plan because the developer must meet all storm water retention requirements within his property. The developer chose to locate the ponds where they would serve as a public amenity rather then as an isolated retention area that is not amenitized with landscape, hardscape, focal points, and walking/biking trails. A key principle in the Town Center District is to create "identifiable neighborhoods." We have master planned the site to utilize the ponds to create two distinct neighborhoods. The stonnwater pond and park area will serve as a natural neighborhood gathering place for the residents within this community. Whereas the ponds have changed the intemal configuration of the road, the extemal configuration has remained intact and in fact, enhanced. There are three possible road connections to the adjacent properties to the south from our development. On the north side, we also provide three street connections to Tuskawilla Road. l11e Parks, Squares and Streets plan only shows two connections fTom the north and south boundaries. The developer has introduced one additional spine road, which is the reason for me additional north and south connections. The location of the parks and squares were modified in the Town Center Town Homes plan. The Lake Trail Park was relocated in an east~west formation to enhance the vistas to Lake Jessup as well as provide more useable park space for the residents. The park is now designed as a linear park that will contain active and passive uses and provides a "green network" [1'0111 the commUIlity trail to the east and the Wetland Park to the west. In addition, the acreage associated with the two neighborhood squa.res was provided arot.md the stonnwater retention areas in an effort to amentize the ponds. We have in fact provided more open space than the Parks, Squares and Street Plan required. A pedestrian-only trail is provided around the pond, which connects to the overall pedestrian system so that open spaces are linked bothinterna)ly and externally. 2. Relative to Paragraph 2 (a), with the exception of the stormwater 8l"eas, we have provided connectivity throughout the site in a reasonably fIne grained network. This paragraph refers to a common rule ofthlunb that block lengths shall not be longer than 600 feet without some type of deflection. Our longest block without a deflection is 607.1 linear feet. At the time of fmal geometry, curves can be flattened to provide deflection in the street. Blocks over 600 feet either provide a deflection in the street or contain a break in the road with an alley or open space. Our average block size is approximately 444 linear feet. The majority of the blocks range between 200 and 400 feet. 3. As to Paragraph 2 (b). as mentioned above the proposed street network in the Town Center Plan contains a hierarchy of streets, alleys and pedestrian-only trails that interconnect and provide multiple rotttes to the key destinations intemal and extemal to the COIhnllUlity. As a measure of connectivity, the Parks, Squares 8l1d Street plan contains] 5 street intersections within the subject propelty. The Town Center Town Homes plan provides 16 intersections, with more routing options. There are '/(1\1'1I (. "'life,' ~i)tl'l7 I/Clmes 8.t3.. ':!()(I-J Page:; of} AUi-03-04 04:03pm From-GLATTING 4078391789 T-397 P.004/004 F-518 [C pedestrian connections throughout the site for people to move about on the trails, streets, and alleys. When taking into consideration the pedestrian-only connections, the average block length decreases to approximately 273 linear feet. 4. As to Paragraph 2 (c), we believe a block structure has been provided with enhanced pedestrian systems and focal points that conl1ibute to the overall community cohesiveness. 5. With respect to Paragraph 2 (d), the town home sile's eaSlem bOlUldary is the community trail adjacent to the rear of St. John's Landing. Rather than also turn our back on the trail, we elected to view the trail as a commtU1ity asset and thus, have fronted our buildings on the trail. This provides a better environment for the trail and also provides more activity along the trail, which will result in a safer envirOlU11cnt. We propose that the wall not be required along the spine road. 6_ The qllestion has arisen as to how to resolve the apparent conflict between the City's Arbor Ordinance and some of the necessary development requirements of the Town Center District Code. The Code is clear in how to resolve conflicts. The Town Center Code says, "Should any conflict arise between the provisions of this Code and other local land development regulations for the City of Wimer Springs, the provisions of lhis Code shall apply." This would seem to provide clear direction with respect to the Arbor Ordinance. Given the short time frame between now and the hearing, we would appreciate if you would commtUucate through either me or John Rinehart at Glatting Jackson to address any issues raised herein. Otherwise we will be more than happy to answer questions at the hearing. Thank you for your coordination on this project. Since el y, ~re- c: Dan Roberts Bill Burkett Grant Downing John Rinehart 7illl'lI I. 'enfl!r FrJl1'/'I llonlL'.\ .')....3 I~ () 0... I'oge 3 rd',] L i. . U C'" -.... .. 8 0)3 Sl ~ C '" !I> ~ "C g ~_<< ~ U .:~~ ~ g> ~~~ '-'S::; ~ ~ ~ 0) Q) :o~<< C ~ ~a~ w.- w << OJ '" _ :a: c 2 ~ ~~ - ~ .~ "U :) al " ".,~ .. " . , ..... , ./.\ ./' '\ ~.... . j ,".~ . ~ ... ~ . .~....~, . ~...... . ..... " t15'1t45'l ~ - - ---... - ------... ',. .', / ."". ".. n. ./ / ~ 1" I I I II ~ I I I! I I /'. " / / ./ ......... / I / ~ :::J C) J ~ . ::--....... ."... ; . "". ", i'...... , / .rIB DATA fiNer D . '::~... _ lIIID TAlC ...... m= ~~f&1D_Il!ln: fO'U.........1lUIllll4os> 'IF P~-812 Gi,a --- ~-- - ------ -- ~ / / / 41 ~ GRAPHId ,:ldAu: ~,.~ ,. (11I-1 1__UlOlL ~-- wu.w__". SHEET NO. .. r ~ 0,281 mT Date: 080904 The following Document was distributed by on 08/09/04 during Regular "505" '--...~ '\ I \ '1 I I I ,./ ,/ \" J : 0 . 0 ~f>iJ 00. f>iJ O'Colf)..-- O!'J~c,,~ II) 0 CXJ N . -<olf)C/)- d!: 11 Ii II ~ <:J-Jf:Jc!j a f:: '\ <:{ / ~ \1- ~ ,...- -.- ""'- / /' \ "- '\ '\ -.'"---.- '\ ~ ~ ,./' ~ NEtGHBORtfOOD 41"(if> 'PARK . (is' \ / .f>~s / / ~ ..-. ...- ""'" ,....,.,.,. .-.- ''"' _.." ..-. ....,- 515.19'45"E , 40.49' \ "......... ....... - I I ----- # ""... ............._----- - - - "'"" - - -, ....... " # ,~r.9gg M,,90 r~ ~ , .("OS ---- " " " _u'" ..-..... " ."", NEIGHBORHQ PARK \ \ \ # /' / ,./ ." --------- -------- ,../ /' / / / ----- /" # " # a /=:! <:{ -J Q I- o ;z / / / /....~ /' / / / ../' /' (" / / / \ / y/ \ , , \ \ / \ / / \- r ..- -.... / ". ~ I / / ; / / / //' / / / / ~ / ''\ ............ \ .,.- '1 .~.. /' / '\ " \ '\ \ "-., I ,....r \ \ \ / / / ,.,,- .",.... / / / / / ./ R:::1060.00' / .1=: 70.00'29" / L:::::1295.18' CB:::::N24. C 54'14"W ===1216.11' / / / "- / I I / / / / / / R::: 1012. .00' / &::: 70. / .. 00'29" ~812 36.53' c::: 11~~~b~1'14"t '.~- ...-.. ../ / / ,. / / / -~ ,,' f I \ \ I / '/ ,/ / / L..J ~ -J I / / / / / / 1/ ./ P Ei3 ~ I- <:{ -J Q I- o < / / / ! / / / / / / / / ( / \ / \ / \ / I ...... / \ / ........... I J /' .",.... ,,"'" / , ( I ( "', ", 'n_ ..-. -. -.. '" a :< <{ ~ L..J ~ l....... I /; f>iJ o o N '+I ;:;So a:oq:- oq:-"" a"'? ZN oq:-N ~ ~ ~/ / / / ,. ~ -- ~ -- -- / / / PARKING PROVIDED UNITS SPACES (2 SPACES/UNIT) (2*404) = 808 8'x20' PARALLEL PARKING SPACES 417 TOTAL PARKING PROVIDED 1,225 SITE DATA TYPE OF' PROPERTY AND ZONING TAX PARCEL 10 NO. 26-20-30-5AR-OAOO-0030 TOTAL AREA 40.0 :f:AC. PHASE 1 AREA 23.5 :f:AC. PHASE 2 AREA 16.5 :f:AC. TOTAL UNITS 404 GROSS DENSITY 10.15 DU/AC MAX. BLDG. HEIGHT 3 STORY NOT TO EXCEED 55 n. BUILDING SETBACKS FRONT SIDES REAR " '-. " -",""" \ '" " '\ " " ',' -- ~ So' 01?~~ - -- __ ~~<2 0,(' ~ ..I:L ~ ~~ /& ~.9 -- -- -........... / / / 10' TO ROW 20' TYPICAL (50' MAX. BETWEEN BUILDINGS) 0' " ~/l:ro WP'l-)- '~ qq ( Jf~l~ 'J ~Jf?!..O.J P'z <~q .JAIl ~ / AlOlet~ .". ... . "cl~O~ . / clSAl~~ (jet · " ~~J~ '~ 50 I 100 200 I I ( IN FEET ) 1 inch = 100 ft. 400 I " / / / " / / / " " " GRAPHIC SCALE " " ',~ G:\0314\031416\Cadd\Xref Dwgs\031416BM-5 7-22-04.dwg 8/9/2004 3:37:12 PM EDT . U CV) - +- ,C O)g C=> __ V) ...C cuo CUU cg' -- .- 0) (v CO) w .c :t:g' Cb~ ~ .2: :sU fa M ~ ~ o ! J., .5 ~ V)-N ...:~R Q)NO Q)M~ '- - +--1 X V)LLO a aLL CI')"Oo CC'O :CON o -.:: '7 et=O'O . ~ W N Lt) - o ~ -...:t - / 0 ...J II) ~~ ~ ~ J U ~ ~ 0 u u ~lD J J 0:: Z t- o Z w ~ ::J a.. u 0:: a::: w U Q.. (/) t- t- LU ::> ::> 0 0 0 >- >- -< -< -J -J ~ ~ (il (il 0 0 w w en en 5 5 w w 0:: 0:: . ~ ~ LU " ~ ~ N ~ ....... 0 ClO " .....::j /'1 A .....-1 .....-1 A ./ ./ ./ ./ '::;;J ""'-J -.....;j """'-J """'-J ........ ......... ......... , .......... a: w I- Z W 0 tn Z U)W Z ~ ILl :E ct o :::E 0 ..I I- 0 ::t a- en ::I: ~ I- a. CJZCJ w Z ~z 0 a: OW Z A.I-a:: 0 U) 0 0 a: LL w I- Z - ~ DRAWN BY: JCM DESIGNED BY: JCM CHECKED BY: WEB ENGINEER IN CHARGE: WILLIAM E. BURKETT, P.E. 08/09/2004 REG. II 36043 BURKETT ENGINEERING, INC. CERT. OF' AUTH. NO. 710S SHEET NO. 1 r CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 Website: www.winterspringsfl.org MEMORANDUM TO: Mayor and City Commission FROM: Ron McLemore, City Manager SUBJECT: Engle Town Home Development (Regular Agenda Item 505) DATE: August 9, 2004 Your Consultant, Victor Dover, has expressed numerous concerns regarding the proposed Engle Development. Below are strategies that we believe are necessary to address the issues. 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. 2. Additional Streets - Additional street intersections need to be added to shorten the length of blocks. 3. Neighborhood 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 and where possible, to preserve specimen trees. The private recreational amenities in the large park should remain a private property. The balance of the park should be dedicated to the public. 4. Street Trees - Intensive street tree planting with more mature trees needs to be incorporated into streetscape plan to provide for eventual canopied streets. Memo - Mayor and City Commission August 9, 2004 Page 3 of2 Where possible, existing large mature trees should be transferred to intermittent points along the streets to provide for a more mature initial streetscape. 5.' Traffic Calming - Several street deflections need to be incorporated into the main streets to slow traffic. Aug-09-04 03:23P Dover. Kohl & Partners 305 666 0360 P.Ol DOVER, KOHL &: PARTNERS lown pli\llnill~ .Mernorand'um To: Ron McLemore, Eloise Sahlstrom, John l3aker City of Winter Springs Cc: Victor Dover RECEIVED AUG 0 9 2004 From: J(lllles Dougherty CITY OF WINTER SPRINGS Current Planning Date: 6 August, 2004 Subject: Response to August 3, 2004 memo from Glatting Jackson regarding the Engle lloJ1les Townhomes Plan Comments: During the process of the creation of the Winter Springs Town Center Masterplan, it was anticipated that the City would be unde11aking a coordinated storm water retention plan for the Town Center District. This would have freed each individual development site from needing its own on-site stomlwater retention. Creation of a Town Center-wide stonnwater retention plan has not yet occUlTed, however, so upon further review we agree that the stonnwater retention issues raised for this applicant's site wuld be valid reasons I..)r dcviation from the adopted Squares, Parks and Streets Map. We maintain concerns over some of the specit1c characteristics ofthe applicant's plan. Please see the attached plan overlay. The dark lines are traced over what appears to be the street network. Our largest concem is with the two 'superblocks' containing the lakes. The blocks fonm:d by the street nctwork which contain the lakes are approximately 500 feet by 1000 feet each. These are extremcly large blocks, and would be much bettcr if subdivided with streets into smaller blocks. The applicant's memo states that their "average block !iize is approximately 444 linear feet. The majority of the hlocks range between 200 and 400 feet". This just doesn't seem 10 be correct if the scale on the plan sent for review is accurate. Their average block size appears to be substantially larger than this. The applicant appears to be inwrporating pedestrian paths through some ol'thc blocks. Pedestrian paths can be great tools for further subdividing a walkable block structure c.~reated by a street network. The pedestrian paths should not, however, be used as a suh!itih.lte for walkablc sized blocks creatr.:d by streets, Also, if the scale 01] the drawing sent for review is correct, a number of thc streets appear to be substantially longer than 600 feet without a deflection. Several arC completely straight for over 800 feet, with the street along the edge of St. John's Landing running straight for approximately 1100 feet. Aug-09-~4 03:23P ~~ver. Kohl & Partners 305 666 0360 I l ~I ~i , .1 \ \ \ . \ i ; , " .~: i;1 , I 1. ., . .-,r. .,,. . l!": / . I / .~. // 4):/ "l I .!-'I 1']'." /4~l I....~.&y ~~I. f" .......1 t'~' ;::': ." 1 {'. {! /.~ ./ 'J!; i : ,IA,. / ,/}. I I ; ."/ i' I :1 i~ : "'0~ " ' , --...---- '\ '-.-- --...... ,-,----.._'~- ---.... ...... ""'I..... ".- ~/- l!i" ( ,1' . I J ' ro-:.......1): -..~~~.... ....".......-.. ~''':.y...., ."",.: -t.> ,,,_ .'" , I ~ i.1 j ~:i l . ~. :we: ~ ,p ,'~ # ~!I. I..IIIVW'J~ ~I 'n r.1....I. ." 'II' J~ ..~ 11 ;~~ II "ric,FI l~ ';~ ~li~i"!1 1 ,t ~ ..: :! . . I I f l'f. ~"''Ir\. P.02 ......... I -....\ , f.:~'~,fP!' .... " ;TVJ (\l C -'1::j ~!:!: (\l 0- f/) - . 0 (') ;.;-" ell ., VI ~ a ~ ;:s c.. S' ~ ~.__.....__.... t,' ._,..~._. -. r--'--'-'-'~'" rr-'-~ !~ ~r , I~~~: WIm!R -::.- .= 0EIfTBI \ ..... '.~ H Ji;!,,~,I~'~I~,J I..... .....---- ~~_.-.-... \-_____. I, .'. ~.-L...' CONCD"T PL.AH ~- -_....---.- .. ..--.-----.-- .. --_...,.I"~'''''''' "'''',, .- ..--.-. -..- ., .,.. ................,......,',.............."""" ....r~..."..... "..-. '-"---' iJ:::==:::'OC_--'O--9 ra...e. EnO''''''''O,. I;; - ..... i~~~~~~~.:~:t:.:~~~~~ ~~~~~.~:l::.: '~L~:..~~:'.:,:'~::":.::'. . . .- DOVER KOHL & PARTNERS i .., W 11 1" 1>1 II II I "!l Memorandum To: Ron McLemore City of Winter Springs Cc: Victor Dover From: James Dougherty Date: 9 August, 2004 Subject: The Winter Springs Town Center District Code supersedes the City Arbor Ordinance Comments: The Winter Springs Town Center is intended to be an urban place, where property owners are encouraged to place buildings close together and to use land in an efficient, relatively intense manner. To facilitate this, the Winter Springs Town Center District Code is meant to supersede the City's Arbor Ordinance within the Town Center boundary. This will allow trees within the Town Center to be configured in three primary forms: 1. As regularly-spaced street trees, 2. As part of the manicured landscaping in parks and squares, and 3. As part of the more informal and naturalistic environments in specified preserve areas. Consolidating trees into these three forms, generally within the public Rights of Way, is intended to free private property for the more intense development appropriate for a Town Center. The Winter Springs Town Center Masterplan and District Code detail where these streets, parks, squares, and preserve areas are to be located and how they are to be configured. The City has already begun the process of implementing this system by purchasing a network of these green spaces so that they can be managed and cared for as a public amenity for the Town Center. 'I. ... LAKE JESSUP ~ ,..- - - N CENTER R SPRI NGS TOW WIN T E EENSPACE PLAN GR -._ nma.."...... htal~ IDnlllAUnln1 =TI1Iil ImnllUllllll1' ml:mUllnI1m ....Stnct Kohl & Partners Oov<<;;.." PhnftJn. Gibbs Planning ~:~~ I' A...jl/l........,. Michael Des'2~~~~t~ L....lu.p. (f~ TNJ.... ~-JJ 0.__..__ Date: 080904 The following Document was addressed on 08/09/04 during Regular "50S" -<- DOVER, KOHL & PARTNERS I " w" Ji I'" " " I " g Memorandum To: Ron McLemore City of Winter Springs Cc: Victor Dover From: James Dougherty Date: 9 August, 2004 Subject: The Winter Springs Town Center District Code supersedes the City Arbor Ordinance Comments: The Winter Springs Town Center is intended to be an urban place, where property owners are encouraged to place buildings close together and to use land in an efficient, relatively intense manner. To facilitate this, the Winter Springs Town Center District Code is meant to supersede the City's Arbor Ordinance within the Town Center boundary. This will allow trees within the Town Center to be configured in three primary forms: 1. As regularly-spaced street trees, 2. As part of the manicured landscaping in parks and squares, and 3. As part of the more informal and naturalistic environments in specified preserve areas. Consolidating trees into these three forms, generally within the public Rights of Way, is intended to free private property for the more intense development appropriate for a Town Center. The Winter Springs Town Center Masterplan and District Code detail where these streets, parks, squares, and preserve areas are to be located and how they are to be configured. The City has already begun the process of implementing this system by purchasing a network of these green spaces so that they can be managed and cared for as a public amenity for the Town Center. LAKE JESSUP ~ ....- ... - WN CENTER SPRINGS TO WIN T E R GREENSPACE PLAN -- tanlIlnnnma h'tCd:Tt.Il nmulllltmn' U:Ipl n.n InlnllllllllJnl~ ~...S:rit<< Kohl & Partners Dov';""~...n P11""""~ Gibbs P~~~r;'? ~~~I~~;' A.UoI/lc Michael 0es12~~~~,~ Llndn.p_ o~~ o -. Date: 080904 Commissioner McLeod referred to this Plan in his Motion on 08/09/04, during Regular "505"