HomeMy WebLinkAbout2025 03 31 Public Hearing 401 - The Human BeanPUBLIC HEARINGS AGENDA ITEM 401
CITY COMMISSION AGENDA | MARCH 31, 2025 REGULAR MEETING
TITLE
The Human Bean
SUMMARY
Staff requests that the City Commission hold a Public Hearing to consider the
Aesthetic Review, Waiver, Final Engineering Plans and Development Agreement to
construct a drive-thru coffee shop on ±0.39 acres within Venetian Square’s developed
±7.84-acre lot.
FUNDING SOURCE
RECOMMENDATION
Staff requests that the City Commission hold a Public Hearing to consider the
Aesthetic Review, Waiver, Final Engineering Plans and Development Agreement to
construct a drive-thru coffee shop on ±0.39 acres within Venetian Square’s developed
±7.84-acre lot.
797
TITLE
260 E State Road 434 | Aesthetic Review, Waiver, Final Engineering Plans, and
Development Agreement
SUMMARY/UPDATE
The Community Development Department requests that the City Commission
hold a Public Hearing to consider the Site Plan and Development Agreement to
construct a drive-thru coffee shop on ±0.39 acres within Venetian Square’s
developed ±7.84-acre lot.
General Information
Applicant Kevin S. Hebert, PE, LEED AP
Property Owner(s) Ursula, LLC
Location 260 E State Road 434, Winter Springs, FL 32708
Tract Size ±7.84 acres
Parcel ID Number 26-20-30-5AR-0D00-0120
Zoning Designation Neighborhood Commercial (C-1)
FLUM Designation Commercial
Adjacent Land Use North: Multi-family
residential
East:
Neighborhood
Commercial
South: Residential and
adaptive reuse commercial
West:
Neighborhood Commercial
Development
Permits
2020: Consent Agenda Item 301
2016: 02849 Monument & Wall Sign
2006: 02373 Retaining Wall
Development
Agreement
Book 5886/Page 817: First Modification to Development
Agreement (2005)
Book 5832/Page1136: Binding Development Agreement
(2004)
Code Enforcement None
City Liens None
PUBLIC HEARINGS AGENDA
City Commission
Monday, March 31, 2025 | REGULAR MEETING
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 2 OF 14
Request:
The applicant seeks to develop a portion of the existing parking lot to
accommodate a coffee shop.
Background:
The property is located within the Venetian Square, a 7.84-acre lot, zoned
Neighborhood Commercial (C-1), contains a Commercial Future Land Use (FLU),
and is within the S.R. 434 Corridor Overlay District. The existing 45,700 SF retail
center building was built in 1981. Final Engineering/Site Plan, Development
Agreement, and aesthetic Review for an expansion was approved by City
Commission on June 28, 2004. The plan to construct an additional 27,000 SF
building on the westernmost portion of the parcel, along with landscaping,
parking lot re-striping, paved curbs, greenery to parking, and additional lighting
was documented in the 2004 development agreement
A timeline extension request was granted on August 08, 2005 by City Commission.
Details described in the 1st Amendment to the Development Agreement (2005)
established a July 28, 2006 deadline to commence construction or else the
Development Agreement, modifications, and final engineering plan automatically
become null and void. Construction of the 27,000 SF building did not occur,
rendering the previous agreement null and void.
There have been updates to the property over the years that not only included the
existing retail center building, but also the parking lot. Within Consent Agenda
Item 301 of the November 16, 2020 City Commission meeting, the property owner,
Ursula, LLC, was approved for parking lot improvements consisting of a Landscape
Plan and Parking Lot Improvements Plan that encompassed raised curbing,
plantings, lighting, partial pedestrian pathway, a modified parking configuration,
and a proposed future phase/outparcel located south of the lot and parallel to
State Road 434.
This report encompasses future phase/outparcel area illustrated in the approved
2020 documents with a proposed ±692 SF drive-thru and walk-up coffee shop
named “The Human Bean.”
Public Notices:
Public Hearing Notices were mailed to all owners of real property adjacent to and
within approximately five hundred (500) feet of the subject property and to all
Homeowner’s Associations on file with the City Winter Springs and located within
one-half (1/2) mile of the subject property on December 06, 2024 for the
Community Workshop; on March 6, 2025 for public meeting notices.
Analysis of Site and Final Engineering (Sec. 20-33.1) Criteria:
The following criteria is set forth by City of Winter Springs Code of Ordinances
Section 20-33.1) which has been analyzed by staff to form a recommendation:
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 3 OF 14
(a) Site and final engineering plans and the subdivision of land shall also
be subject to the technical requirements set forth in Chapter 9 of the City
Code. It is the intent of this section to apply to applications for site and final
engineering plans and to any subdivision of land requiring a plat, if
applicable, and does not include review and approval of a lot split
application. Please see discussion below regarding technical
requirements of Chapter 9. The Final Engineering Plans have been
reviewed by the City’s engineer, concluding that the Plans satisfy the
technical requirements provided the conditions of approval set forth
below are met.
(b) Except in situations involving one (1) single-family home, the planning
and zoning board shall be required to review all site and final engineering
plan and subdivision of land applications and make a written
recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board
has considered the applicable criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation,
the city commission shall make a final decision on the application. If the
city commission determines that the planning and zoning board has not
made a recommendation on an application within a reasonable period of
time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) Except in situations involving one (1) single-family home, all site and
final engineering plan and subdivision recommendations and final
decisions shall be based on whether the site and final engineering plan
and subdivision of land complies with all the technical requirements set
forth in chapter 9 of the City Code and the following criteria to the extent
applicable:
1. Whether the applicant has demonstrated the site and final engineering
plan and subdivision of land, including its proposed density, height, scale
and intensity, hours of operation, building and lighting design, setbacks,
buffers, noise, refuse, odor, particulates, smoke, fumes and other
emissions, parking and traffic-generating characteristics, number of
persons anticipated using, residing or working under the plan, and other
off-site impacts, is compatible and harmonious with adjacent land uses,
and will not adversely impact land use activities in the immediate vicinity.
Analysis:
The project proposes a ±0.39-acre improvement to the existing Venetian
Square that incorporates a 692 SF modular building. Noise, refuse, odor,
particulates, smoke, fumes, and other emissions are not expected to be
more than typical business operations of a standalone coffee shop, and
therefore not projected to become a nuisance. The proposed building
height is approximately 19’-5 15/16” that includes a parapet. Proposed
exterior materials include stone and stucco. Lighting is not to spill over
onto adjacent properties. Daily hours of operation may range from 5:30AM
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 4 OF 14
– 8:00PM with staffing numbers varying based on operational demand.
The proposed building will be setback approximately 50 feet from the
southern property line and over 100 feet from the eastern property line. The
site is proposed to be designed with landscape features that enhance the
area that will also obscure the view of the drive-thru on the western side of
the building.
The coffee shop is not proposed to have indoor seating and will have one
drive-thru lane. A second lane shall serve as a bypass lane. The applicant’s
trip generator proposes an average of 179 trips per weekday. The drive-thru
aisle is proposed to accommodate eight (8) vehicles. The proposed coffee
shop will share the shopping plaza’s parking lot within its Neighborhood
Commercial (C-1) zoning designation. The proposed coffee shop appears
to be compatible and harmonious with adjacent land uses and enhances
the aesthetic within the community.
2. Whether the applicant has demonstrated the size and shape of the site,
the proposed access and internal circulation, and the design
enhancements to be adequate to accommodate the proposed density,
scale and intensity of the site and final engineering plan requested. The
site shall be of sufficient size to accommodate design amenities such as
screening, buffers, landscaping, open space, off-street parking, safe and
convenient automobile, bicycle, and pedestrian mobility at the site, and
other similar site plan improvements needed to mitigate against potential
adverse impacts of the proposed use.
Analysis:
The parcel provides four points of access for ingress and egress. Two exist
along S.R. 434, one is located along Sherry Avenue. Additionally, a separate
parcel to the east provides two points of interparcel connectivity to the
subject site. On site improvements include enhanced pedestrian
connectivity by extending pathways from S.R. 434 to the northern portion
of the site. Landscape improvements incorporate Crape Myrtle trees, Sand
Cordgrass and Parsons Juniper shrubs, and Bahia Grass and mulching as
ground covers. Paving and grading is proposed to make use of existing
infrastructure, and the utility plan is proposed to tap into existing lines. The
site is large enough to accommodate the proposed coffee shop and
adequate drive-through lane for queuing, the landscaping, and parking,
which will be shared with the Venetian Square parking lot.
3. Whether the proposed site and final engineering plan and subdivision of
land will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and property values.
Analysis:
The subject site is proposed to enhance the area and local economy
without having an adverse impact.
4. Whether the proposed site and final engineering plan and subdivision of
land will have an adverse impact on the natural environment, including air,
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water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, and flood hazards.
Analysis:
The proposed site plan is not anticipated to have an adverse impact on the
natural environment as the location of the coffee shop is already an
impervious parking lot. The addition of enhanced landscaping buffers as
discussed below under the Waiver section for the 434 Streetscape will
have a positive environmental effect.
5. Whether the proposed site and final engineering plan and subdivision of
land will have an adverse impact on historic, scenic, and cultural resources,
including views and vistas, and loss or degradation of cultural and historic
resources.
Analysis:
The subject site is not anticipated to have an adverse impact in this
manner.
6. Whether the proposed site and final engineering plan and subdivision of
land will have an adverse impact on public services, including water, sewer,
stormwater and surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and
bicycle and pedestrian facilities.
Analysis:
The subject site is not anticipated to have an adverse impact in this
manner. A bus stop is located along S.R. 434 within 150 feet of the subject
site’s enhanced aesthetic provisions, and provides public transportation
drivers and patrons to have access to the coffee shop. Water and sewer are
available on site with sufficient capacity.
7. Whether the site and final engineering plan and subdivision of land, and
related traffic report and plan provided by the applicant, details safe and
efficient means of ingress and egress into and out of the neighborhood
and adequately addresses the impact of projected traffic on the
immediate neighborhood, traffic circulation pattern for the neighborhood,
and traffic flow through immediate intersections and arterials.
Analysis:
The subject site is located within an existing parking lot that has parking
and maneuvering needs similar to the proposed location of the coffee
shop. The proposed traffic along S.R. 434 is not anticipated to increase as
the proposed operation provides for drive-thru and walk-up only without
indoor seating. With a bypass lane and parking spaces available, staff
believes there will be ample space on site to accommodate any queuing
for the drive-through.
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8. Whether the proposed site and final engineering plan and subdivision of
land will have an adverse impact on housing and social conditions,
including variety of housing unit types and prices, and neighborhood
quality.
Analysis:
The subject site’s proposed drive-thru coffee shop does not pose an
adverse impact in this manner.
9. Whether the proposed site and final engineering plan and subdivision of
land avoids significant adverse odor, emission, noise, glare, and vibration
impacts on adjacent and surrounding lands regarding refuse collection,
service delivery, parking and loading, signs, lighting, and other sire
elements.
Analysis:
The subject site is proposed to be designed and provide a use that does
not pose an adverse impact in this manner.
10. Whether the applicant has provided an acceptable security plan for the
proposed establishment to be located on the site and final engineering
plan and subdivision of land that addresses the safety and security needs
of the establishment and its users and employees and minimizes impacts
on the neighborhood, if applicable.
Analysis:
The subject site proposes an operation that limits face-to-face operations
without a barrier separating patrons from staff by way of a drive-thru or
walk-up window. The operation does not allow for indoor seating. The
proposed bypass lane allows for drivers to depart the subject site should it
be necessary. The proposed sidewalk/pedestrian ways provide for
enhanced visibility to traverse the site going north and south.
11. Whether the applicant has provided on the site and final engineering plan
and subdivision of land an acceptable plan for the mass delivery of
merchandise for new large footprint buildings (greater than twenty
thousand (20,000) square feet) including the hours of operation for
delivery trucks to come into and exit the property and surrounding
neighborhood, if applicable.
Analysis:
Not applicable as the site proposes a 692 SF building.
12. Whether the applicant has demonstrated that the site and final
engineering plan and subdivision of land have been designed to
incorporate mitigative techniques and plans needed to prevent adverse
impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 7 OF 14
Analysis:
The proposed use of the subject site is a drive-thru coffee shop constructed
within an existing parking lot. The proposed site provides the following
measures to mitigate adverse impacts:
1. Reduced footprint accomplished by no dine-in
Reduces parking requirement
Reduces impervious surface
2. Provides Site Enhancements
Incorporates trees, shrubs, grass, and mulch
Enhances pedestrian accessibility
3. Stormwater drainage connection
4. Reclaimed water usage for landscaping
5. Modular Building
Reduced city inspection requirements
13. Whether the applicant has agreed to execute a binding development
agreement required by city to incorporate the terms and conditions of
approval deemed necessary by the city commission including, but not
limited to, any mitigative techniques and plans required by City Code.
Analysis:
The applicant agrees to execute a binding development agreement.
Water and Sewer:
The proposed development will connect to City utilities.
Water Concurrency:
The water service for the building shall be potable. With maximum potential
daily flows proposed to be accommodated.
Stormwater:
The stormwater management system for this project is proposed to connect to
existing drainage systems located on site.
Transportation:
The existing plaza development has four (4) means of ingress/egress; two along
State Road 434, and one along Sherry Avenue.
The project single drive-through lane is predicted to accommodate an average
of 179 weekday trips.
Parking Analysis:
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The net parking space count, post construction, is a reduction of 19 parking
spaces. Two hundred seventy-nine parking spaces remain for usage of the
entire plaza. Handicapped parking spaces are proposed to increase by one
space to have a total of 6 handicapped spaces.
The operational use of the proposed business requires three (3) parking spaces.
There are two parking calculations, as per Section 9-277 of the municipal code
of the City of Winter Springs, that are directly related to those business:
1. Restaurants, Nightclubs, Tearooms or Lunch Counters
Ratio of 1 parking space per 100 SF of usable patron floor space
0 SF ÷ 100 = 0 parking spaces
2. General Business and Retail Commercial
Ratio of 1 parking space per 300 SF of building floor space, excluding
storage
692 SF ÷ 300 = 3 parking spaces
The plaza’s parking lot consists of 298 parking spaces. The proposed project
removes a net of 19 parking spaces while adding one additional handicapped
space to the entire lot.
The project proposes patrons being served by way of drive-thru and walk-up
window without an interior patron area, and not requiring patron parking.
Although required patron parking is three (3), the applicant proposes to
incorporate four (4) parking spaces into the design.
The project will result in 279 total parking spaces.
Aesthetic Review:
Pursuant to Section 9-603, which sets forth guidelines and minimum standards
for Aesthetic Review packages, staff has utilized the below criteria in Section 9-
603 to determine the following. The attached Aesthetic Review package
includes all of the submittal requirements for aesthetic review as set forth in
Section 9-600 through 9-607 and include the following: (a) a site plan; (b)
elevations illustration all sides of structures facing public streets or spaces; (c)
illustrations of all walls, fences, and other accessory structures and the indication
of height and their associated materials; (d) elevation of proposed exterior
permanent signs or other constructed elements other than habitable space, if
any; (e) illustrations of materials, texture, and colors to be used on all buildings,
accessory structures, exterior signs; and (f) other architectural and engineering
data as may be required. The procedures for review and approval are set forth
in Section 9-603.
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 9 OF 14
Aesthetic Review
1. The plans and specifications of the proposed project indicate that the
setting, landscaping, proportions, materials, colors, texture, scale, unity,
balance, rhythm, contrast, and simplicity are coordinated in a harmonious
manner relevant to the particular proposal, surrounding area and cultural
character of the community.
Analysis:
The subject site’s proposed plan harmoniously enhances the surrounding
aesthetic. Design features incorporated into the project, such as
significant stone accents, make it similar but not identical to other
buildings in the area.
Staff has recommended a condition of approval for the aesthetic review,
requiring the building color palette of the elevations be adjusted
(lightened) to reflect a base color that harmoniously conforms to the
white/light gray coloring of the main Venetian Square buildings. Revised
color swatch/ options submitted by the applicant shall be approved by the
City Commission.
2. The plans for the proposed project are in harmony with any future
development which has been formally approved by the city within the
surrounding area.
Analysis:
The subject site’s plans are in harmony with possibilities for future
development.
3. The plans for the proposed project are not excessively similar or dissimilar to
any other building, structure or sign which is either fully constructed,
permitted but not fully constructed, or included on the same permit
application, and facing upon the same or intersecting street within five
hundred (500) feet of the proposed site, with respect to one or more of the
following features of exterior design and appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse
arrangement; or
c. Other significant features of design such as, but not limited to: materials,
roof line, hardscape improvements, and height or design elements.
Analysis:
The subject site proposed enhanced materials and design that highlights
the accents of Venetian Square as well as align with elevation, size,
arrangement, and other significant features of the surrounding area’s
newly developed Taco Bell residing across the street.
4. The plans for the proposed project are in harmony with, or significantly
enhance, the established character of other buildings, structures or signs in
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 10 OF 14
the surrounding area with respect to architectural specifications and design
features deemed significant based upon commonly accepted architectural
principles of the local community.
Analysis:
The subject site’s proposed project significantly enhances the established
characteristics of Venetian Square.
5. The proposed project has incorporated significant architectural
enhancements such as concrete masonry units with stucco, wrought iron,
columns and piers, porches, arches, planting areas, display windows, and
other distinctive design detailing and promoting the character of the
community.
Analysis:
The subject site proposes a modular building equipped with parapet,
stacked stone, stucco, and color features that highlight the accent colors of
the existing building.
Waiver criteria set forth in Subsection 20-34(d) are as follows:
1. The applicant clearly demonstrates that the applicable term or condition
clearly creates an illogical, impossible, impractical, or patently unreasonable
result related to the proposed property and development.
2. The proposed development plan is in substantial compliance with this
chapter and in compliance with the comprehensive plan.
3. The proposed development plan will significantly enhance the real
property.
4. The proposed development plan serves the public health, safety, and
welfare.
5. The waiver will not diminish property values in or alter the essential
character of the surrounding neighborhood.
6. The waiver granted is the minimum waiver that will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable result caused by
the applicable term or condition under this chapter.
7. The proposed development plan is compatible and harmonious with the
surrounding neighborhood.
8. Whether the applicant has agreed to execute a binding development
agreement required by city to incorporate the terms and conditions of
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 11 OF 14
approval deemed necessary by the city commission including, but not
limited to, any mitigative techniques and plans required by City Code.
New Waiver Requests/Justifications
1. The applicant requests a Waiver from Winter Springs City Code Sec. 20-601(a)
to allow for (1) the reordering of the elements of the required streetscape such
that a 5’ grass strip lines the right-of-way (rather than the 16’ landscape and
treescape area), followed by the 5’ sidewalk, then a landscape and treescape
area; (2) reduction of the required sidewalk from 6’ to 5’ to allow the existing 5’
sidewalk to remain;(3) no 5’ landscape area will be provided and the existing
approximate 5’ grass area between the street and sidewalk will remain;
(4)required 16’ landscape and treescape area for planting canopy trees
(ordinarily lining the right-of-way) will be reduced to between 9.5’ and 19’,
which will allow the existing canopy tree coverage and spacing to remain, in
addition to existing hedges adjacent to State Road 434 right-of-way (FDOT) in
lieu of spacing requirements and plantings within the FDOT right-of-way.
Four additional winged elm trees are proposed to be planted to supplement
the existing treescape, which is an approved canopy tree species as listed in
Chapter 5, Appendix C, Approved Streetscape Canopy Tree Types for
Streetscapes Along SR 434 and Tuskawilla Road.
Applicant Justification:
(a) There shall be a minimum streetscape area of twenty-seven (27) feet in
depth for properties located along the State Road 434 and Tuskawilla Road
corridors.
As stated on the application, the existing streetscape is improved with
existing canopy tree coverage/spacing in addition to hedges adjacent to
the SR 434 R/W (FDOT). In front of this project’s location/placement, the
streetscape depth ranges from approximately 27.5-ft to 37-ft which
exceeds code requirement. However, approximately 18-ft of this depth is
FDOT R/W including an existing 5-ft sidewalk. This results in
approximately 9.5-ft to 19-ft available for streetscape plantings on-site.
Street tree plantings are not permitted within the FDOT R/W or this initial
18-ft.
(b) The total twenty-seven (27) feet of required streetscape area shall consist
of three component parts which include:
(1) Five-foot landscape area; See above – 13-ft within FDOT R/W (18 – 5 = 13).
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(2) Six-foot sidewalk; and See above – 5-ft existing sidewalk within FDOT R/W
(3) Sixteen-foot landscape and treescape area for planting canopy trees which
will line the right-of-way and installing any authorized street furnishings. See
above – 9.5-ft to 19-ft is available
(c) Depending on the existing depth of available right-of-way for streetscape,
the twenty-seven (27) feet will either be entirely within the right-of-way or
entirely on the subject property under development or a combination of both
the available right-of-way and the subject property. For example, as
illustrated in section 20-610 of this article, there are three (3) possible required
streetscape scenarios:
(1) If there is twenty-seven (27) feet of existing right-of-way, the streetscape is
required to be located entirely within the right-of-way. N/A
(2) If there is no existing available right-of-way, the streetscape is required to
be located entirely on the
subject property. N/A
(3) If there is only ten (10) feet of available right-of-way, the streetscape is
required to be located within the ten (10) feet of available right-of-way and
within seventeen (17) feet of the subject property, etc. See above – 9.5-ft to 19-
ft is available
For purposes of this subsection, the term "available" means that the authority
with jurisdiction over the right-of-way has granted permission to construct,
install and maintain the streetscape required by this article.
(d) Streetscape trees required to be planted under this article shall be canopy
trees of the size and type authorized on the city's approved species list for
streetscape canopy trees. Trees shall be planted within the required sixteen
(16) foot landscape area between the sidewalk and roadway with a minimum
fifteen (15) foot separation between trees. Authorized street furnishing may
also be installed and maintained within the sixteen (16) foot landscape area
such as benches, bus shelters, lighting, trash receptacles, bicycle racks, and
public signage and art. Proposes streetscape plantings within the available
9.5-ft to 19-ft on-site consist of four (4) new canopy trees, two (2) existing
trees, and approximately 154-lf of hedges/shrubs.
City Code:
City Code Sec. 20-601 | Streetscape requirements.
Staff Response:
The applicant has stated that site constraints prohibit the implementation of
the full 27-foot streetscape as required by the code. Sec. 20-601 requires a
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 13 OF 14
Reports:
The Final Engineering submittal is required to include the following reports or updates of
previously prepared reports for the same property.
Reports
July 8, 2024 Traffic Study | Trip Generation
sixteen-foot landscape area for planting canopy trees lining the right-of-way;
the applicant is proposing nine to nineteen feet for that purpose. The Code
requires a six-foot sidewalk; the applicant is proposing to maintain the existing
five-foot sidewalk. Sec. 20-601 requires a five-foot landscape area between the
sidewalk and the front building line and the applicant is not adhering to that
requirement given FDOT restrictions.
Staff recommends approval of the requested waiver. Requiring the applicant
to adhere to the requirements of Sec. 20-601 would require the demolition and
removal of existing streetscaping along State Road 434. The applicant has
demonstrated, via submission of revised landscaping plans, with additional
enhancements to existing landscaping, the intent to adhere the SR 434
streetscape ordinance.
Procedural History:
March 05, 2024 Pre-Application Meeting (PREM-2024-0003)
July 08, 2024 Site Plan Application (FEDP-2024-0002)
December 06, 2024 Public Notices
January 06, 2025 Community Workshop
February 19, 2025 Aesthetic Review Application (AERV-2025-0005)
February 19, 2025 Waiver Application (WAIV-2025-0006)
March 6, 2025 Public Notices & Signage
March 13, 2025 Planning & Zoning Board/ Local Planning Agency |
Recommendation of approval, with conditions, Aesthetic
Review, Waiver, Final Engineering Plans and Development
Agreement.
March 31, 2025 City Commission | Final Recommendation on Aesthetic
Review, Waiver, Final Engineering and Development
Agreement.
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PUBLIC HEARINGS AGENDA | MONDAY, MARCH 31,2025 | PAGE 14 OF 14
Staff Recommendation:
Staff recommends the City Commission approve FEDP-2024-0002 with the following
conditions:
1. Execution of proposed development agreement.
2. Substantial conformance to Exhibits.
3. Parking spaces on the east side of the building: the 2’ overhang shall be considered
part of the parking space dimension to achieve the 10’ X 20’ parking space
requirement specified by code.
4. Building color palette of the elevations submitted shall be adjusted (lightened) to
reflect a base color that harmoniously conforms to the white/light gray coloring of
the main Venetian Square buildings. Revised color swatch/ options submitted by the
applicant shall be approved by the City Commission.
5. The row of shrubs proposed to be planted for the streetscape shall be extended to
the west property line.
6. Install high emphasis crosswalk(s).
7. Optional future use - outdoor seating: plans should reflect revision(s) to
accommodate seating and acceptable overhead lighting for safety purposes.
Attachments:
Final Engineering Plans
Development Agreement
Vicinity and Aerial Map
Site Plan Review Application
Aesthetic Review Application
Waiver Application
Trip Generation Traffic Study
811
City of Winter Springs / Ursula, LLC
Development Agreement
Page 1 of 11
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
DEVELOPMENT AGREEMENT
(Ursula, LLC - The Human Bean)
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered this
_______ day of ______________________, 20______, by and between the CITY OF WINTER
SPRINGS, a Florida municipal corporation (“City”) and URSULA LLC, a Florida limited
liability company with a principal address at 1605 Cougar Court, Winter Springs, Florida 32708
(“Developer”).
WITNESSETH
WHEREAS, Developer is the owner of approximately 7.84 acres, more or less, of real
property with an address of 260 East SR 434, Winter Springs, Florida 32708, commonly known
as the Venetian Square, generally located northeast of the intersection of State Road 434 and Moss
Road in Winter Springs, Florida, more particularly described herein (the “Property”); and
WHEREAS, the Venetian Square shopping center was originally constructed in
approximately 1981, and the City subsequently entered into a binding development agreement
with the Aggarwal Pension Trust Fund (“Aggarwal”), dated June 28, 2004, for an expanded
development on the Property, recorded in Official Record Book 05832 Pages 1136-1145 of the
Official Records of Seminole County, Florida, such development agreement having been modified
by the First Modification to Development Agreement, dated September 02, 2005, recorded in
Official Record Book 05886 Pages 0817-0819 of the Official Records of Seminole County, Florida
(“First Modification”); and
WHEREAS, the 27,000 square-foot building proposed in what is the current parking lot
of the Venetian Square development and approved via the Aggarwal Development Agreements
was never constructed and such approvals have become null and void pursuant to the terms of the
First Modification; and
FOR RECORDING DEPARTMENT USE ONLY
812
City of Winter Springs / Ursula, LLC
Development Agreement
Page 2 of 11
WHEREAS, the current owner, Ursula, LLC, (the “Developer”) acquired the Property by
special warranty deed recorded in the Official Records of Seminole County, Florida, at Book
09415 Page 412 in July of 2019 and has since made numerous aesthetic and parking lot
improvements to the Property; and
WHEREAS, Developer, through their engineer Kevin S. Herbert, PE, of Mei Partners,
LLC, 1035 S. Semoran Blvd., Suite 1029, Winter Park, Florida 32792, has applied for site
plan/final engineering review, aesthetic review, and a waiver to construct a drive-thru coffee shop
(d.b.a. The Human Bean) upon approximately 0.30 acres, more or less, of the Property, within the
parking lot area of the existing Venetian Square property (the “Project”); and
WHEREAS, pursuant to Chapter 20 Zoning, Article II, Division 1, Section 20-29.1 of the
Winter Springs City Code (“City Code”), a community workshop for the Project was held on
January 6, 2025; and
WHEREAS, Section 20-29(c) of the City Code requires that all site plans shall be binding
on the use of the subject property and, further, that as a condition of approval by the City
Commission, all development projects requiring a community workshop pursuant to Section 20-
29.1 of the City Code shall be required to be memorialized in a binding development agreement;
and
WHEREAS, this Development Agreement shall be recorded against the property so that
the terms and conditions of approval related to the Project shall run with the land; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act.
3.0 The Property. The real property subject to this Agreement has tax parcel
identification number 26-20-30-5AR-0D00-0120 and is legally described in EXHIBIT “A”,
which is attached hereto and fully incorporated herein by this reference (the “Property”).
4.0 Project Description and Requirements. Developer or its authorized tenant
shall, at its expense, design, permit and construct a drive-through coffee shop and associated
parking, landscaping, and drive-through aisles on approximately 0.30 acres, more or less, of the
Property. The coffee shop and all public and private project infrastructure shall be constructed in
a single phase.
(Hereinafter the project description and requirements are referred to as the “Project”).
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City of Winter Springs / Ursula, LLC
Development Agreement
Page 3 of 11
The Developer shall construct the Project in a manner consistent with the approved Final
Engineering/Site Plans, Waiver and Aesthetic Plans that are on file with the City with the following
file numbers and consistent with the requirements contained in this Agreement:
File No.: FEDP-2024-0002
File No.: WAIV-2025-0006
File No.: AERV-2025-0005
For convenience, a copy of the Overall Site Plan is attached hereto and fully incorporated herein
by this reference as EXHIBIT “B.” Specific conditions of approval for the above-referenced
Plans include the following, which are also addressed in the staff report for the Final
Engineering/Site Plans and Aesthetic Plans:
A. Construction shall be in substantial conformance with this Agreement and
the approved Plans.
B. For parking spaces on the east side of the building, the 2’ overhang shall be
considered part of the parking space dimension to achieve the 10’ X 20’
parking space requirement specified by code.
C. The Building color palette of the elevations submitted shall be adjusted
(lightened) to reflect a base color that harmoniously conforms to the
white/light gray coloring of the main Venetian Square buildings. Revised
color swatch/ options submitted by the applicant shall be approved by the
City Commission.
D. The row of shrubs proposed to be planted for the streetscape shall be
extended to the west property line.
E. The Developer shall install a high emphasis crosswalk(s) connecting the
pedestrian sidewalk and frontage of the building/walk-up service window
area.
F. If outdoor seating is provided in the future, overhead lighting acceptable
for safety purposes shall be provided on the exterior of the building to
illuminate the seating area and such revisions to the final engineering
plans would require further approval by the City Commission.
5.0 Future Permitting. Developer shall be required to receive building permits and
substantially commence vertical construction of buildings, which shall at minimum include
building foundations, for the Project within two (2) years of the Effective Date of this Agreement.
6.0 Representations of the Parties. The City and Developer hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
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City of Winter Springs / Ursula, LLC
Development Agreement
Page 4 of 11
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly executed
and delivered by the City and Developer, constitute a legal, valid and binding obligation
enforceable against the parties hereto. Upon recording of this Agreement in the Public Records of
Seminole County, Florida, the Agreement shall be a binding obligation upon the Property in
accordance with the terms and conditions of this Agreement. Developer represents that it has
voluntarily and willfully executed this Agreement for purposes of binding himself and the Property
to the terms and conditions set forth in this Agreement.
7.0 Successors and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the City and Developer and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property, and shall
run with title to the same upon being duly recorded against the Property by the City.
8.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The venue of any litigation arising out of this
Agreement shall be in Seminole County, Florida or, for federal court actions, in the Middle District
of Florida, Orlando, Division.
9.0 Amendments. This Agreement shall not be modified or amended except by written
Agreement duly executed by both parties hereto (or their successors or assigns) and approved by
the City Commission.
10.0 Entire Agreement; Exhibits; Other Provisions. This Agreement and all attached
exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain
the entire agreement between the City and Developer as to the Project. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
11.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
12.0 Effective Date. This Agreement shall become effective upon approval by the City
Commission and execution of this Agreement by both parties hereto.
13.0 Recordation. Upon full execution by the Parties, this Agreement shall be recorded
in the Public Records of Seminole County, Florida by the City. The Developer shall be responsible
for all recording fees associated with this Agreement.
14.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Developer is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the parties,
and neither party is authorized to, nor shall either party act toward third persons or the public in
any manner, which would indicate any such relationship with the other.
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City of Winter Springs / Ursula, LLC
Development Agreement
Page 5 of 11
15.0 Sovereign Immunity. The City intends to avail itself of sovereign immunity and
other applicable limitations on City liability whenever deemed applicable by the City. Therefore,
notwithstanding any other provision set forth in this Agreement, nothing contained in this
Agreement shall be construed as a waiver of the City’s right to sovereign immunity under section
768.28, Florida Statutes, or other limitations imposed on the City’s potential liability under state
or federal law. As such, the City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
16.0 City's Police Power. Developer agrees and acknowledges that 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.
17.0 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 to this Agreement in the event of a dispute between the parties.
18.0 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.
19.0 Specific Performance and Enforcement. Strict compliance shall be required with
each and every provision of this Agreement. The parties agree that failure to perform the
obligations provided by this Agreement shall result in irreparable damage and that specific
performance of these obligations may be obtained by a suit in equity.
20.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this
Agreement, each party shall be responsible for their own attorney’s fees and costs.
21.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement in accordance with the criteria of the City Code and the requirements of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City’s police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building, trailer,
structure or unit if Developer is in breach of any term and condition of this Agreement.
22.0 Default. Failure by either party to perform each and every one of its
obligations hereunder shall constitute a default, entitling the non-defaulting party to pursue
whatever remedies are available to it under Florida law or equity including, without limitation,
termination of this Agreement, 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 non-defaulting party
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City of Winter Springs / Ursula, LLC
Development Agreement
Page 6 of 11
shall first provide the defaulting party with written notice of said default. Upon receipt of said
notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the
default to the reasonable satisfaction of the non-defaulting party prior to filing said action.
23.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Developer fails to receive building permits
and substantially commence vertical construction of buildings, which shall at minimum include
building foundations, for the Project within two (2) years of the effective date of this Agreement.
The Developer may apply to the City Commission for an extension of this Agreement, which may
be granted upon good cause shown. In addition, the City shall have the right, but not obligation,
to terminate the Agreement if Developer permanently abandons construction of the Project,
provided, however, the City shall first deliver written notice and an opportunity to cure to the
defaulting party as set forth in Section 22 above. If the City terminates this Agreement, the City
shall record a notice of termination against the Property in the public records of Seminole County,
Florida.
24.0 Indemnification and Hold Harmless. Developer shall be solely responsible for
designing, permitting, constructing, operating and maintaining this Project. As such, Developer
hereby agrees to indemnify, release, and hold harmless the City and its commissioners, employees
and attorneys from and against all claims, losses, damages, personal injuries (including, but not
limited to, death), or liability (including reasonable attorney’s fees and costs through all appellate
proceedings), directly or indirectly arising from, out of, or caused by Developer and Developer’s
contractor’s and subcontractor’s performance of design, permit and construction, and maintenance
activities in furtherance of constructing the Project and maintaining the improvements of this
Project. This indemnification shall survive the termination of this Agreement.
25.0 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 of this Agreement and, if any such failure is due 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 (“Force
Majeure 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 Force Majeure Event. The extended Time Period shall be agreed to in writing by the
parties and said Agreement shall not be unreasonably withheld by either party. The City Manager
shall have the authority to grant an extended Time Period. An extension of any Time Period for
reasons of a Force Majeure Event shall be requested solely as provided in this Section. Developer
hereby waives and relinquishes the right to notify the City of the intent to exercise the tolling and
extension of any permit related to the Project, including Time Periods under this Agreement,
development orders, and building permits, available under Section 252.363, Florida Statutes, as
the result of a declaration of a state of emergency issued by the Governor for a natural emergency.
817
City of Winter Springs / Ursula, LLC
Development Agreement
Page 7 of 11
26. Notice. Whenever either party desires to give notice to the other, notice shall be
sent by hand delivery or certified mail, return receipt requested, and shall be sent to:
For the City:
Attn: City Manager
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
With additional notice to:
Anthony A. Garganese, City Attorney
Garganese, Weiss, D’Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
For Developer:
Ursula LLC
1605 Cougar Ct.,
Winter Springs, Florida 32708
970-306-3299
javier@patagonre.com
With additional notice to:
Kevin S. Herbert, PE
1035 S. Semoran Blvd.,
Suite 1029
Winter Park, Florida 32792
321-203-2852
kevinh@mei-partners.com
27.0 Assignment. Prior to completing the construction of the Project and reaching final
build-out of the Project, Developer shall not assign this Agreement without the prior written
consent of the City. Such assignment shall require the written approval of the City by amendment
to this Agreement, which shall not require a public hearing and shall not be unreasonably withheld.
However, Developer shall be entitled to assign its rights and obligations under this Agreement to
a parent, subsidiary, or affiliated entity in which Developer or its members are members or interest
holders without City consent, provided that the City is given notice of such assignment in
accordance with Section 26.0 herein. Any assignment authorized by this subparagraph shall
require the assignee to be a formal signatory to this Agreement and fully assume all of Developer’s
obligations, commitments, representations, and warranties under this Agreement. In any
assignment, the rights and obligations contained herein shall be binding on successors in interest
818
City of Winter Springs / Ursula, LLC
Development Agreement
Page 8 of 11
to the Property, and the terms and conditions of this Agreement shall bind and inure to the benefit
of the parties hereto and any respective successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date
first above written.
CITY OF WINTER SPRINGS
By:
Kevin McCann, Mayor
ATTEST:
By:
Christian Gowan, City Clerk
CITY SEAL
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
819
City of Winter Springs / Ursula, LLC
Development Agreement
Page 9 of 11
Signed, sealed and delivered in the
presence of the following witnesses:
Signature of Witness
Printed Name of Witness
_____________________________________________
Address of Witness
Signature of Witness
Printed Name of Witness
_____________________________________________
Address of Witness
URSULA LLC
Print name and title: ________________________
Date: _______________
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of (___) physical
presence or (___) online notarization, this ______ day of ___________, 20_____,
by____________________, the __________________of Ursula LLC, a Florida not for profit
corporation, on behalf of the corporation, who is personally known to me or produced
___________________ _______________ as identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
DEVELOPER IS HEREBY ADVISED THAT SHOULD DEVELOPER FAIL TO FULLY
EXECUTE, AND DELIVER TO THE CITY, THIS AGREEMENT WITHIN THIRTY (30)
DAYS FROM THE DATE THAT THE CITY COMMISSION APPROVES THIS
AGREEMENT, THIS AGREEMENT, AND THE DEVELOPMENT PERMIT
APPROVALS REFERENCED HEREUNDER, SHALL AUTOMATICALLY BE DEEMED
NULL AND VOID.
820
City of Winter Springs / Ursula, LLC
Development Agreement
Page 10 of 11
EXHIBIT A
PROPERTY LEGAL DESCRIPTION
821
City of Winter Springs / Ursula, LLC
Development Agreement
Page 11 of 11
EXHIBIT B
OVERALL SITE PLAN
822
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Project Site
Parcel ID #26-20-30-5AR-0D00-0120
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CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Aesthetic Review
01/2024 Page 1 of 5
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the applicant. The application
shall be reviewed per Chapter 9–Aesthetic Review Sec.9-605. All applications shall be reviewed for sufficiency
(completeness) within thirty (30) calendar days per FL Statue 166.033. Once the application is deemed sufficient,
the applicant shall move forward with the Community Workshop, required per Chapter 20–Zoning Sec.20-29.1.
All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be
heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.
Applicants are further advised that a Conditional Use is quasi-judicial in nature. Therefore, APPLICANT
ACKNOWLEDGES and AGREES, by signing below, that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by party intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Chapter 2 – Administration Sec. 2-30 of the Winter
Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Aesthetic Review
recommendations shall be based from the required information/documentation provided, the Winter Springs Code
of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable).
The City Commission (CC) shall render all final decisions regarding Aesthetic Review and may impose reasonable
conditions on any approved Aesthetic Review to the extent deemed necessary and relevant to ensure compliance
with applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter
Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the
applicable criteria as set forth in Chapter 9, Aesthetic Review Standards. Applicants are advised that if, they decide
to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or
hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim
record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal
is to be based, per Florida Statute 286.0105.
An Aesthetic Review Approval by the City Commission under this article shall be valid for a maximum of eighteen
(18) months from the date the city commission renders its approval at a public meeting. If the applicant fails to
obtain a building permit within the eighteen (18) month period, the city commission's approval shall expire at the
end of the period. However, once a building permit is issued, the approval shall be valid for a time period equal to
the permit and shall expire only if the building permit expires. Reasonable extensions may be granted by the city
commission upon good cause shown by the applicant, provided substantial changes have not occurred in the
surrounding area that would make the prior approval inconsistent with the criteria set forth in Chapter 9-Aesthetic
Review Sec.9-9603
842
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Aesthetic Review
01/2024 Page 2 of 5
REQUIRED INFORMATION
Applicant(s): Date:
Mailing address:
Email:
Phone Number:
Property Owner(s):
Mailing Address:
Email:
Phone Number:
Project Name:
Property Address:
Parcel ID(s):
Parcel Size:
Existing Use:
List all witnesses that the applicant intends to present to the City Commission to provide testimony:
Describe with specificity any evidence which the applicant intends to present to the City Commission,
including oral factual testimony, maps, photographs, records or reports and/or expert testimony:
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven (7) days prior to such hearing.
The Human Bean - Coffee Shop
260 E. SR 434, Winter Springs, Florida 32708 (Venetian Square)
26-20-30-5AR-0D00-0120
7.84-ac (Project Area approx. 0.30-ac)
Surface parking field
Robert Galster / PBC Construction (General Contractor)
Building Elevations as necessary
843
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Aesthetic Review
01/2024 Page 3 of 5
Criteria for Review
1. The plans and specifications of the proposed project indicate that the setting, landscaping, proportions,
materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity are coordinated in a
harmonious manner relevant to the particular proposal, surrounding area and cultural character of the
community.
2. The plans for the proposed project are in harmony with any future development which has been formally
approved by the City within the surrounding area.
3. The plans for the proposed project are not excessively similar or dissimilar to any other building, structure
or sign which is either fully constructed, permitted but not fully constructed, or included on the same
permit application, and facing upon the same or intersecting street within five hundred (500) feet of the
proposed site, with respect to one or more of the following features of exterior design and appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse arrangement; or
c. Other significant features of design such as, but not limited to: materials, roof line, hardscape
improvements, and height or design elements.
4. The plans for the proposed project are in harmony with, or significantly enhance, the established
character of other buildings, structures or signs in the surrounding area with respect to architectural
specifications and design features deemed significant based upon commonly accepted architectural
principles of the local community.
5. The proposed project is consistent and compatible with the intent and purpose of this article, the
Comprehensive Plan for Winter Springs, design criteria adopted by the City (e.g. Town Center
guidelines, SR 434 design specifications) and other applicable federal, state or local laws.
6. The proposed project has incorporated significant architectural enhancements such as concrete masonry
units with stucco, marble, termite-resistant wood, wrought iron, brick, columns and piers, porches,
arches, fountains, planting areas, display windows, and other distinctive design detailing and promoting
the character of the community.
844
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Aesthetic Review
01/2024 Page 4 of 5
REQUIRED DOCUMENTATION
___ A complete Application and applicable fee
___ Minor (Site less than 2 acres)
___ Major (Site greater than 2 acres)
___ Modification of previously approved Aesthetic Review
___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the
Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale).
___ Site Plan
___ Building Elevations (color) illustrating all sides of structures
___ Color rendering illustrating street view with landscaping at time of planting;
___ Illustrations of all walls, fences, and other accessory structures and indication of their height and the
materials proposed for their construction;
___ Signage elevations of proposed exterior permanent signs, outdoor advertising or other constructed
elements other than habitable space, if any;
___ Identification of materials, textures, and colors to be used on all buildings, accessory structures, exterior
signs, and other constructed elements;
___ Other architectural and engineering data as may be requested to clarify the application.
___ For all new commercial development and new residential subdivisions of ten (10) or more lots or existing
commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity
and requiring a modified site plan, or development agreements process under section 20-28.1 of the City
Code, or as otherwise deemed applicable by the city to relevantly and competently examine an
application for compliance with the city code and the affect and impact the proposed use will have on
neighborhood and surrounding properties, applicants shall be required to submit with the following
additional information referenced in Chapter 20 – Zoning Sec.20.29 Applications (7) – (11).
X
X
X
X
X
N/A
N/A
N/A
X
X
N/A
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Building design Specs
Paint & Stucco Colors
Body
Column
James Hardie Board:
Body (Dark Brown): “Brown Blaze”
Column (Tan): “Khaki Brown” or “Sandbar”
Diamond Kote:
Body (Dark Brown): “Coffee”
Column (Tan): “French Grey”, “Oyster Shell”
or “Mahogany”
As Necessary:
Optional - Metal Powder Coat
TIGER Drylac Powder Coatings
Color: RAL 8019
Other siding options Other materials
*Non-standard design options available upon request
Sherwin-Williams
Custom Exterior Color, Flat
MC-29065 Main Body, Manual Match
CCE*Colorant 0Z 32 64 128
B1-Black 6 37 - -
R2-Maroon - 23 - -
Benjamin Moore 22c446
Custom Match, Dark Body N447 - 4X (Gallon)
Y3 0X 26.0000
S1 10X 9.0000
W1 1X 4.0000
M1 0X 5.0000
R3 1X 9.0000
Sherwin-Williams
Custom Exterior Color, Flat
MC-26940 Human Bean Brown, Manual Match
CCE*Colorant 0Z 32 64 128
w1-White - 16 1 -
B1-Black - 29 - 1
R2-Maroon - 11 - 1
Y3-Deep Gold 2 1 - -
Benjamin Moore 23c817 (#B Beige)
Custom Match, Regular Column N447 - 2X (Gallon)
Y3 2X 27.0000
S1 0X 31.2500
R3 0X 14.5000
G1 0x 0.1875
Sherwin-Williams
Custom Exterior Color, Flat
8157-7258 Column Sand, Manual Match
CCE*Colorant 0Z 32 64 128
B1-Black - 41 - 1
R2-Maroon - 9 - 1
Y3-Deep Gold 2 5 - 1
Western States Metal Siding
7/8” Corrugated Dark Bronze
westernstatesmetalroof-
ing.com/dark-bronze.html
Awning/Flashing
Custom-Bilt Metals
Color: Muset SR-30.2
Western Rib (7.2 Panel) Dark Bronze
Stone Accent
El Dorado
Russet Mountain Ledge Panel
Benjamin Moore 23c841
Custom Match, Column Sand N447 - 2X (Gallon)
Y3 1X 14.5000
S1 0X 29.2500
W1 0X 18.5000
R3 0X 6.7500
Sherwin-Williams
Custom Exterior Color, Flat
8157-7259 Light Column, Manual Match
CCE*Colorant 0Z 32 64 128
B1-Black - 15 1 -
R2-Maroon - 1 - 1
Y3-Deep Gold - 21 1 -
Benjamin Moore 23c816
Custom Match, Light Tan Column N447 - 1X (Gallon)
Y3 1X 1.0000
S1 0X 17.7500
R3 0X 1.1250
Brown Blaze Brown BlazeSandbar
Coffee
MahoganyOyster ShellFrench Grey
851
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Waiver
01/2024 Page 1 of 6
The Community Development Director reserves the right to determine whether this application is complete
and accurate. An incomplete application will not be processed and will be returned to the applicant. The application
shall be reviewed per Chapter 20 – Zoning Sec. 20-34. Applications shall be reviewed for sufficiency (completeness)
within thirty (30) calendar days per FL Statue 166.033.
All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be
heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative.
Applicants are further advised that a Waiver is quasi-judicial in nature.
Therefore, APPLICANT ACKNOWLEDGES and AGREES, by signing below, that he or she:
• May be sworn-in as a witness in order to provide testimony to the City Commission;
• Shall be subject to cross-examination by party intervenors (if requested); and
• Shall be required to qualify expert witnesses, as appropriate.
Applicants are encouraged to familiarize themselves with Chapter 2 – Administration Sec. 2-30 of the Winter
Springs City Code relating to Quasi-Judicial Rules and Procedures of the City Commission. All Waiver
recommendations shall be based from the required information/documentation provided, the Winter Springs Code
of Ordinances, and the Winter Springs Comprehensive Plan (to the extent applicable).
The City Commission (CC) shall render all final decisions regarding Waivers and may impose reasonable
conditions on any approved Waiver to the extent deemed necessary and relevant to ensure compliance with
applicable criteria and other applicable provisions of the Winter Springs Code of Ordinances and the Winter
Springs Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the
applicable criteria as set forth in Chapter 20, Zoning. Applicants are advised that if, they decide to appeal any
decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they
will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the
proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based,
per Florida Statute 286.0105.
A Waiver which may be granted by the City Commission shall expire two (2) years after the effective date of such
approval by the City Commission, unless a building permit based upon and incorporating the Waiver, is issued by
the City within said time period. Upon written request of the property owner, the City Commission may extend
the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates
good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building
permit subsequently expires and the subject development project is abandoned or discontinued for a period of six
months, the Waiver shall be deemed expired and null and void, per Chapter 20 – Sec.20-36.
852
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Waiver
01/2024 Page 2 of 6
REQUIRED INFORMATION
Applicant(s): Date:
Mailing address:
Email:
Phone Number:
Property Owner(s):
Mailing Address:
Email:
Phone Number:
Project Name:
Property Address:
Parcel ID(s):
Parcel Size:
Existing Use:
All waiver requests shall be written in the following format: A waiver is requested from Winter Springs City
Code 'X' to allow 'Y' in lieu of 'Z'. After the request, the applicant shall provide a justification for each waiver
request.
List Waiver(s)(provide additional sheets if necessary):
Demonstrate that the applicable term or condition clearly creates an illogical, impossible, impractical, or
patently unreasonable result related to the proposed property and development?
853
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Waiver
01/2024 Page 3 of 6
Demonstrate that the proposed development plan is in substantial compliance with Chapter 20 of the City’s
Code of Ordinances and in compliance with the Comprehensive Plan?
Will the proposed development plan significantly enhance the real property?
Will the proposed development plan serve the public health, safety, and welfare of the City of Winter
Springs?
Will the waiver diminish property values in or alter the essential character of the surrounding
neighborhood?
Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible,
impractical, or patently unreasonable result caused by the applicable term or condition under Chapter 20
– Zoning?
854
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Waiver
01/2024 Page 4 of 6
Is the proposed development plan compatible and harmonious with the surrounding neighborhood?
List all witnesses that the applicant intends to present to the City Commission to provide testimony:
Describe with specificity any evidence which the applicant intends to present to the City Commission,
including oral factual testimony, maps, photographs, records or reports and/or expert testimony:
Attach all documentary evidence which the applicant intends to present to the city commission to the back of this
application. The Applicant has a continuing duty to update the list of witnesses, description of evidence, and
documentary evidence throughout the application process. Additional witnesses or evidence will not be admitted
at the city commission hearing if not submitted at least seven (7) days prior to such hearing
855
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 East State Road 434
Winter Springs, Florida 32708
customerservice@winterspringsfl.org
Application – Waiver
01/2024 Page 5 of 6
REQUIRED DOCUMENTATION
___ A complete Application and Fee
___ A general description of the relief sought under this division
___ A brief explanation, with applicable supporting competent substantial evidence and documents, as to
why the application satisfies the relevant criteria set forth in this division
___ A Legal Description accompanied by a certified survey or the portion of the map maintained by the
Seminole County Property Appraiser reflecting the boundaries of the subject property (To scale).
___ An Excel mailing list with the names and addresses of each property owner within 500 ft. of each property
line, along with the HOA Associations within 1/2 mile of each property line.
___ For all new commercial development and new residential subdivisions of ten (10) or more lots or existing
commercial buildings being altered by 50 percent or greater of the original floor plan or seating capacity
and requiring a modified site plan, or development agreements process under section 20-28.1 of the City
Code, or as otherwise deemed applicable by the city to relevantly and competently examine an
application for compliance with the city code and the affect and impact the proposed use will have on
neighborhood and surrounding properties, applicants shall be required to submit with the following
additional information referenced in Chapter 20 – Zoning Sec.20.29 Applications (7) – (11).
856
857
PART II - CODE OF ORDINANCES
Chapter 20 - ZONING
ARTICLE VII. S.R. 434 AND TUSKAWILLA ROAD STREETSCAPE REQUIREMENTS.
Winter Springs, Florida, Code of Ordinances Created: 2024-11-18 14:29:05 [EST]
(Supp. No. 32)
Page 1 of 1
WAIVER REQUEST TO PORTIONS OF THE STREETSCAPE REQUIREMENTS
ARTICLE VII. S.R. 434 AND TUSKAWILLA ROAD STREETSCAPE REQUIREMENTS.
Sec. 20-601. Streetscape requirements.
(a) There shall be a minimum streetscape area of twenty-seven (27) feet in depth for properties located along
the State Road 434 and Tuskawilla Road corridors.
As stated on the application, the existing streetscape is improved with existing canopy tree coverage/spacing in
addition to hedges adjacent to the SR 434 R/W (FDOT). In front of this project’s location/placement, the
streetscape depth ranges from approximately 27.5-ft to 37-ft which exceeds code requirement. However,
approximately 18-ft of this depth is FDOT R/W including an existing 5-ft sidewalk. This results in approximately
9.5-ft to 19-ft available for streetscape plantings on-site. Street tree plantings are not permitted within the
FDOT R/W or this initial 18-ft.
(b) The total twenty-seven (27) feet of required streetscape area shall consist of three component parts which
include:
(1) Five-foot landscape area; See above – 13-ft within FDOT R/W (18 – 5 = 13).
(2) Six-foot sidewalk; and See above – 5-ft existing sidewalk within FDOT R/W
(3) Sixteen-foot landscape and treescape area for planting canopy trees which will line the right-of-way
and installing any authorized street furnishings. See above – 9.5-ft to 19-ft is available
(c) Depending on the existing depth of available right-of-way for streetscape, the twenty-seven (27) feet will
either be entirely within the right-of-way or entirely on the subject property under development or a
combination of both the available right-of-way and the subject property. For example, as illustrated in
section 20-610 of this article, there are three (3) possible required streetscape scenarios:
(1) If there is twenty-seven (27) feet of existing right-of-way, the streetscape is required to be located
entirely within the right-of-way. N/A
(2) If there is no existing available right-of-way, the streetscape is required to be located entirely on the
subject property. N/A
(3) If there is only ten (10) feet of available right-of-way, the streetscape is required to be located within
the ten (10) feet of available right-of-way and within seventeen (17) feet of the subject property, etc.
See above – 9.5-ft to 19-ft is available
For purposes of this subsection, the term "available" means that the authority with jurisdiction over the
right-of-way has granted permission to construct, install and maintain the streetscape required by this article.
(d) Streetscape trees required to be planted under this article shall be canopy trees of the size and type
authorized on the city's approved species list for streetscape canopy trees. Trees shall be planted within the
required sixteen (16) foot landscape area between the sidewalk and roadway with a minimum fifteen (15)
foot separation between trees. Authorized street furnishing may also be installed and maintained within the
sixteen (16) foot landscape area such as benches, bus shelters, lighting, trash receptacles, bicycle racks, and
public signage and art. Proposes streetscape plantings within the available 9.5-ft to 19-ft on-site
consist of four (4) new canopy trees, two (2) existing trees, and approximately 154-lf of hedges/shrubs.
858
859
860
861
Coffee/Donut Shop with Drive-Through Window
and No Indoor Seating (938)
Vehicle Trip Ends vs:Drive-Through Lanes
On a:Weekday
Setting/Location:General Urban/Suburban
Number of Studies:8
Avg. Num. of Drive-Through Lanes:1
Directional Distribution:50% entering, 50% exiting
Vehicle Trip Generation per Drive-Through Lane
Average Rate Range of Rates Standard Deviation
179.00 80.00 - 293.00 74.48
Data Plot and Equation
T = Trip EndsX = Number of Drive-Through Lanes
Study Site Average Rate
Fitted Curve Equation: Not Given R²= ****
Trip Gen Manual,11th Edition Institute of Transportation Engineers
0 0.5 1.0 1.5 2.00
100
200
300
400
500
600
1
179
862