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HomeMy WebLinkAboutJDC Calhoun, Inc Agreement - 2000 08 01 i " I - AGREEMENT An Agreement made and entered into as of this IS! day of August, 2000 by and among IDC CALHOUN, INe., a Georgia corporation, herein referred to as "IDC," and the City of Winter Springs, a municipal corporation existing under the laws of the State of Florida, herein referred to as "City." RECITALS WHEREAS, Section 163,3167, Florida Statutes, provides that each local government is encouraged to articulate a vision of the future physical appearance and qualities of its community as a component of the local comprehensive plan through a collaborative planning process with meaningful public participation, and WHEREAS, the City completed a comprehensive planning study, with extensive public ' participation from local residents and local, county, and state officials, which resulted in the adoption of the Winter Springs Town Center Plan, and WHEREAS, pursuant to that certain Purchase and Sale Agreement between Laverne Kingsbury and June Kingsbury, as sellers, and JDC, as purchaser, dated September 22, 1999, IDC is the contract purchaser and will be the owner and developer of approximately fifteen (15) acres of land located within the boundaries of the proposed City of Winter Springs Town Center and more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "IDC Property"), and WHEREAS, IDC and City desire to memorialize their understandings and agreement regarding their respective interests, expectations, and intentions contained in this Agreement regarding the Town Center. NOW THEREFORE in consideration of the terms and conditions set forth in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the City and mc agree to the following: I. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a material part of this Agreement. D. Definitions. Unless the context clearly indicates otherwise, the following words and phrases when used in this Agreement shall have the meaning ascribed below: a) "City" shall mean the City of Winter Springs, a Florida municipal corporation, b) "City Code" shall mean the City Code of the City of Winter Springs, Florida including, but not limited to, the Town Center District Code, ,/ Page I of I) \ \ c) "Conceptual Site Plan" shall mean the three phase conceptual site plan which IDC agrees to permit and develop on the IDC Property under the terms and conditions of this Agreement and which is attached hereto as Exhibit "B" and fully incorporated herein by this reference. . d) "Hickory Grove Park Boulevard" shall mean the planned urban boulevard running from Magnolia Square west along the entirety of the north boundary line of the IDC Property, as identified in the Town Center Plan and Town Center District Code. e) "Hickory Grove Park North/South Extension Street" shall mean the Town Center Street running from S.R. 434 north along the entirety of the west boundary line of the IDC Property and tenninating at and connecting to Hickory Grove Park Boulevard. f) "Hickory Grove Park" shall mean the "central park" as identified in the Town Center Plan and Town Center District Code. g) "Market Square Parcel" shall mean that portion of the IDC Property as generally depicted in the Conceptual Site Plan. Market Square Parcel shall consist of approximately thirtyL one-hundredths (0.30) acres. h) "IDC" shall mean IDC Calhoun, lnc" a Georgia corporation, i) "IDC Property" shall mean the real property to be acquired by IDC and located in the Town Center District, as more particularly described in Exhibit "A" which is hereby fully incorporated herein by this reference. j) "Main Street Improvements" shall mean that portion of Main Street on the Town Center Plan located from State Road 434 north to Magnolia Square (including pavement, curbs and gutters, and stormwater facilities), as more particularly described in the Town Center District Code. k) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs Town Center Master Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, as amended in February 2000, a copy of which is attached hereto as Exhibit "D" and hereby fully incorporated herein by this reference. I) "Town Center District" shall mean the town center area located in the City of Winter Springs that is depicted in the attached Exhibit "E" which is hereby fully incorporated herein by this reference, m) "Town Center District Code" shall mean the Town Center Zoning District Code adopted by the City Commission of Winter Springs on June 12,2000, which is attached hereto as Exhibit "F" and hereby fully incorporated herein by this reference, III. IDC Project ReQuirements and Conditions. /' Page 2 of !) \ I I I In consideration of the mutual promises and consideration set forth in this Agreement, IDC intends to permit and develop a three phase Town Center development project on IDC Property located within the Town Center. IDC agrees to permit and develop the project under the terms and conditions of this Agreement and the Town Center District Code. The final site plan approved for the three phase project shall be in substantial conformity with the Conceptual Site Plan unless otherwise approved by the City during the City's Town Center development permit process. The City acknowledges that the layout of the Conceptual Site Plan is generally in accordance with the Town Center District Code. Unless otherwise approved by the City, the final site plan shall be designed and implemented as follows: a) The development of the final site plan shall be in three phases as depicted on the Conceptual Site Plan. Phase I is required to be constructed and shall be constructed in its entirety and Phases II and III shall be constructed if IDC determines that market conditions permit such construction. At IDC's discretion, IDC may develop the final site plan in less than three phases if market conditions permit a more expedited development of the IDC Property. In addition, IDC may, at its discretion, develop Phases II and III in portions. , b) In accordance with Phase I of the Conceptual Site Plan, the City agrees and acknowledges that upon IDC complying with the permitting requirements of the Town Center District Code, Phase I shall consist of: (i) a grocery store anchor building consisting of approximately 44,000 retail square feet; (ii) not less than 63,840 square feet of additional retail dev~lopm:ent at the corner of Main Street and State Road 434 and along Main Street inclusive of unfinished shell space pursuant to paragraph III(f) of this Agreement; and (iii) a parking ratio of up to five (5) spaces per 1,000 retail square feet. c) The drug store anchor which is contemplated to be constructed on the corner of State Road 434 and Main Street may, at IDC's discretion, be permitted and constructed at another location along State Road 434. If so permitted and constructed, the drug store anchor will be included as part of Phase I and another retail use shall be permitted and constructed at the aforementioned corner in Phase I or Phase II. The City and IDC acknowledge that a restaurant and/or bank/office use would also be suitable at the aforementioned comer. d) All phases of retail development on the JDC Property, in addition to the grocery store anchor, may be up to 272,000 retail square feet, unless otherwise agreed to by the parties. Provided, however, the City encourages development in excess of 3 16,000 retail square feet. e) JDC shall not permit or construct more than 45,000 square feet of buildings beyond Phase I of the Conceptual Site Plan unless the next building permitted and constructed is the northern most retail building on IDC Property along Main Street as depicted on Phase II of the Conceptual Site Plan ("Final Main Street Building"). The Final Main Street Building may be permitted and constructed simultaneously with another Phase II building above the aforementioned 45,000 square foot threshold, Notwithstanding IDC may permit and construct the Final Main Street Building sooner than required by this paragraph, The City strongly encourages IDC to permit and construct the Final Main Street Building during Phase I. f) The City prefers that all buildings constructed on the JDC Property be two (2) to four (4) stories in height and that each story be suitable for occupancy, To that end, IDC and City Page 3 of ~S - agree the drugstore anchor (or other use as contemplated herein) on the comer of Main Street and State Road 434 and the buildings located along Main Street shall be a minimum of two (2) stories , but the second and higher stories may consist of a shell story consisting of finished exterior walls, roof, windows, and other surfaces and an unfinished interior. All shell stories shall be designed and engineered so as to accommodate occupancy at a later date. The City agrees that all other buildings on the IDC Property may be one (1) story occupancy buildings provided that IDC constructs the buildings to a height of at least two (2) stories in order to achieve the vertical character and scale required by the Town Center District Code, IDC agrees that such one story occupancy buildings will incorporate a parapet wall, which the City hereby deems acceptable, or other architectural feature suitable to the City that visually make the buildings appear to be at least two (2) story buildings on all sides. However, nothing contained in this paragraph shall prohibit IDC from constructing full occupancy buildings of two (2) to four (4) stories, where not otherwise required by this Agreement, if IDC determines that market conditions would allow such construction. g) The City prefers parallel parking along Main Street but agrees to construct diagonal parking as depicted on the Conceptual Site Plan to the extent market conditions, in the sole discretion of IDC, require the additional parking spaces afforded by such 'diagonal parking. If said diagonal parking is constructed instead of parallel parking, IDC agrees to donate to the City the additional right of way which may be needed to construct the diagonal parking. Nothing contained in this Paragraph III (g) shall prohibit the City from constructing diagonal parking along Main Street at its sole choosing and discretion, h) IDC, at its discretion, shall be allowed to delete the buildings depicted on the Phase II Conceptual Site Plan which are west of the grocery store anchor, provided IDC submits a site plan, acceptable to the City, that substitutes the buildings with: (i) parking; (ii) a pocket park of not greater than 1200 square feet (unless a larger pocket park is agreed to by IDC) which shall incorporate a kiosk, gazebo, pergola, water fountain or similar architectural feature; and (iii) a landscape buffer for facilities along the rear of the grocery store anchor. The City agrees not to unreasonably withhold such acceptance provided the site plan complies with the City Code. IV. IDC's Initial Oblieations and Conditions. Upon the Effective Date of this Agreement, JDC agrees to perform the following: a) Promptly use all reasonable and best efforts to complete the acquisition of the IDC Property pursuant to its existing contract rights and provide written notice of the acquisition to the City. However, in the event that IDC does not acquire fee simple ownership of the IDC Property by the closing date set forth under the terms of the existing purchase contract, then this Agreement shall be automatically terminated and nullified, in which event the parties obligations under this Agreement shall be and become null and void and of no further effect. IDC shall promptly provide the City written notice if IDC fails to close on the IDC Property. b) Promptly use all reasonable and best efforts to secure a grocery store anchor and a drug store anchor as contemplated under Phase I of the Conceptual Site Plan. In the event IDC is not successful in securing both the grocery store anchor and drugstore anchor, IDC shall have the right to terminate this Agreement by providing prompt written notice to the City. IDC shall Page 4 of L~ provide the City prompt written notice at such time IDC has secured each of the grocery store anchor and drugstore anchor. c) Promptly commence the design, engineering and permitting of Phase I of the Conceptual Site Plan. If the City takes final action disapproving the final site plan for Phase I of the Conceptual Site Plan or any Special Exception listed in Paragraph XII of this Agreement, IDC shall have a right to terminate this Agreement by providing the City written notice of said termination within seven (7) days of the City's final action of disapproval. d) Promptly commence and within ninety (90) days following the Effective Date of this Agreement subrrllt a conceptual stormwater application to the St. John's Water Management District, and acquire a construction permit for the construction of surface/stormwater drainage improvements on IDC Property which will be necessary to collect and discharge surface/stormwater on and from the IDC Property to the City's stormwater system.:. The construction permit shall be obtained by IDC within twelve (12) months from the Effective Date of this Agreement or by the date of issuance of the building permits and commencement of construction for both the grocery store anchor and drug store anchor, whichever occurs later. In addition, within forty-five (45) days from the Effective ;Date of this Agreement, IDC's engineers shall provide the City's Utilities Director with estimated surface/stormwater volume and flows expected to be generated, and discharged to the City's stormwater system, from the complete build-out of Phase III of the Conceptual Site Plan, IDC acknowledges that the City will use and rely on these estimates in obtaining a surface/stormwater construction permit as required in Paragraph V(d) within 12 months from the Effective Date of this Agreement. IDC agrees that City's engineers (who shall be qualified and experienced in stormwater engineering and permitting) will be able to provide input into the design and' permitting process for the surface/stormwater drainage improvements on IDC Property for purposes of providing the City with reasonable_assurance that the improvements will properly discharge surface/stormwater into the City stormwater system and that any and all applications and/or submittals to the St. John's Water Management District will be subject to reasonable and timely review and approval by City's engineers, City's engineers shall complete said review pursuant to IDC's reasonable time schedule and shall not unreasonably withhold said approval. V. City's Initial Oblieations and Conditions. Upon the Effective Date of this Agreement, the City agrees to perform, at its expense, the following: a) Promptly commence the design, engineering and permitting to extend and connect (ie" "stub in") City water distribution and sewer collection facilities to the boundaries of the IDC Property in order to provide sufficient capacity to reasonably accommodate and guarantee the level of service capacity required for the Town Center and the IDC Property as developed in accordance with Phase III of the Conceptual Site Plan. The City shall not be required to extend either sewer or water facilities into the interior portion of the IDC Property unless agreed upon in future written developer agreements. The City also guarantees sufficient capacity within the sewer and water treatment plants to reasonably accommodate and guarantee the level of service required for the Town Center and IDC Property , as stated above, The City will fully complete such ./ Page 5 of 1 ':> design, engineering (100% plans) and permitting not later than twelve (12) months from the Effective Date of this Agreement. b) Promptly commence the design, engineering and permitting of Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. The City will fully complete such design, engineering (100% plans) and permitting not later than twelve (12) months after the Effective Date of this Agreement. Provided, however, the obligations of the parties under this Agreement shall be contingent upon the City successfully entering into a binding purchase contract to acquire the necessary right-of-way for Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street not later than ninety (90) days after the Effective Date, failing which, either party hereto shall be entitled to cancel this Agreement by written notice thereof to the other party given not later than one hundred (100) days after the Effective Date. In connection with such acquisition and right of termination, the City agrees to furnish IDC copies of the purchase contract, as amended, relating to such acquisition not later than ninety (90) days after the Effective Date, The City acknowledges and agrees that IDC shall be entitled to exercise the foregoing right of termination in the event the terms for closing the final purchase contract are not acceptable to IDC, it being the int~ntion hereof that the purchase contract shall provide IDC strong assurance that the purchase will actually close in a timely manner and the City will be in a position to fulfill its obligation to construct Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. Anything herein to the contrary notwithstanding, the City shall be obligated to actually close on such purchase transaction not later than the date of issuance of the building permits and commencement of construction of all or any portion of Phase II of the Conceptual Site Plan, Notwithstanding, the City shall have the right to terminate the final purchase contract for Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street if JDC fails to obtain a grocery store anchor and drug store anchor for the IDC Property, c) Promptly commence the design, engineering and permitting of the Main Street Improvements as provided in paragraph VI(b) of this Agreement. The City will fully complete such design, engineering (100% plans) and permitting within 12 months of the Effective Date of this Agreement. d) Promptly commence, and within ninety (90) days following the Effective Date submit, a conceptual stormwater application to the St. John's Water Management District, and acquire a construction permit for the construction of surface/storm water drainage improvements to service the IDC Property, as provided in paragraph VI(b), and other portions of the Town Center within twelve (12) months from the Effective Date, The City agrees that IDC's engineers (who shall be qualified and experienced in stormwater engineering and permitting) will be able to provide input into the design and permitting process for the surface/stormwater drainage improvements and that any and all applications and/or submittals to the St. John's Water Management District will be subject to reasonable and timely review and approval by IDC's engmeers. IDC's engineers shall complete said review pursuant to the City's reasonable time schedule and shall not unreasonably withhold said approvaL The City acknowledges and agrees that no retention/detention areas and/or ponds shall be located on JDC Property and that no other portiones) of the City's surface/storm water drainage improvements shall be located on the IDC Property without IDC's approval, it being the intention hereof that the City's facilities shall /' Page 6 of ~) accommodate all surface/stormwater from the IDC Property as developed in accordance with Phase III of the Conceptual Site Plan and that IDC's facilities shall serve to collect such surface/stormwater for discharge into the City's system. The City agrees that IDC shall have the nonexclusive right in perpetuity to use the surface/stormwater drainage improvements to discharge surface/stormwater generated from the IDC Property at volumes consistent with the Phase III development of the Conceptual Site Plan, IDC acknowledges and agrees that following installation of such surface/storm water drainage improvements, the IDC Property shall be subject to an obligation to contribute to the costs of maintenance thereof on the same basis as other property owners served thereby under the City's municipal stormwater utility system. Upon reasonable request of IDC, and as may be reasonably needed by IDC from time to time, the City agrees to furnish IDC with a written letter or other documentation as customarily provided by the City to evidence that IDC has the aforementioned discharge rights as provided in this paragraph V(d) in satisfaction of the requirements of IDC's construction and/or permanent lender and prospective tenants on the IDC Property. Provided, however, the obligations of the City to acquire the stormwater construction permit from St. John's Water Management District shall be contingent upon the City finding suitable property to construct the City's surface/stormwater drainage improvements which are necessary to serve the IDC Property and the Town Center as contemplated by this Agreement. Suitable property may be obtained either by successfully entering into a binding contract with the Seminole County School Board to acquire the right to use (by easement, license, or ownership) school board property or by using some other altemativ~ property ,(not IDC Property) deemed suitable by the City. If the City fails to acquire such suitable property, either party hereto shall be entitled to cancel this Agreement by written notice thereof to the other party given not later than one hundred eighty (180) days after the Effective Date. VI. City's Conditional Obli2ations. Upon IDC purchasing the IDC Property and obtaining building permits and commencing construction for each of the grocery anchor and drugstore anchor, the City agrees, at its expense, to perform the following upon completion of the applicable design, engineering, and permitting set forth in Paragraph V of this Agreement: a) Actually commence, and within twelve (12) months thereafter fully complete, the construction of facilities and improvements to extend and connect (i.e" "stub in") City water distribution and sewer collection facilities to the boundaries of the IDC Property as provided for in paragraph yea) of this Agreement. The City shall not be required to extend either sewer or water facilities into the interior portion of the IDC Property unless agreed upon in future written developer agreements, The City also agrees that no special City water or sewer connection charge or assessment will be applied to the JDC Property for purposes of reimbursing the City for the expense of extending and connecting the City's water distribution and sewer collection facilities to IDC Property as described above; provided, however, individual users within the IDC Property may be charged the same normal and regular "City-wide" connection fee that is customarily charged to all other individual users within the City for connecting into and utilizing the "City- wide" water and sewer capacity, b) Actually commence, and within twelve (12) months thereafter fully complete, the / Page 7 of ~S - construction of facilities and improvements comprising the Main Street Improvements, The City shall, as part of the construction of the Main Street Improvements, install surface/storm water drainage improvements sufficient to accommodate all surface/storm water drainage from Main Street and from the IDC Property, as developed in accordance with the development of the entire Phase III Conceptual Site Plan. c) At such time as IDC, or its successor or assigns, obtains building permits and commences construction of a building or buildings beyond Phase I of the Conceptual Site Plan, actually commence, and within twelve (12) months thereafter fully complete, the construction of Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. In addition, IDC agrees to provide the City with at least ninety (90) days written notice of its scheduled construction commencement date of both the grocery store anchor and drug store anchor and Phase II construction for purposes of giving the City a reasonable opportunity to publicly bid the City construction projects contemplated in this paragraph VI so that construction can be completed in a timely manner. Failure by IDC to provide timely notice will extend the time the City has to complete the construction by the number of days the notice was determined by the City to be untimely, VII. Conveyances from IDC to the City. a) , IDC agrees that at such time as IDC shall have obtained building permits for and commenced construction of each of the grocery anchor and drugstore anchor users as contemplated in this Agreement, IDC will convey to the City fee simple title to (i) the Market Square Parcel, and (ii) the eleven (11) foot wide strip of land needed for right-of-way and other municipal purposes, as legally described on Exhibit "C" attached hereto and by this reference made a part hereof b) IDC also agrees to convey public rights of way and easements and public improvements to such public rights of way and easements which are incorporated by IDC and approved by the City in a final site plan and which are similar to those depicted in the Town Center District Code and located on IDC Property. Any such conveyances shall occur at such time, and as part of a City approved IDC development, in a manner in which similar conveyances are required in connection with similar developments within the City, c) If during the final permitting process of Phase I of the Conceptual Site Plan IDC desires diagonal parking along the south boundary of Hickory Grove Park Boulevard and/or along the east boundary of Hickory Grove Park North/South Extension Street, IDC agrees to convey fee simple title to a ten (10) foot wide strip ofland, along the south boundary of Hickory Grove Park Boulevard and along the east boundary of Hickory Grove Park North/South Extension Street, needed for each diagonal parking area . The conveyance shall occur prior to commencement of construction of Hickory Grove Park Boulevard and/or Hickory Grove Park North/South Extension Street. Notwithstanding, IDC's request Jordiagonal parking shall be made no later than the date the City has reached 50% design and engineering of Hickory Grove Park Boulevard and Hickory Grove Park North/South Extension Street. Provided IDC's request and conveyance are timely made, the City shall construct such diagonal parking, Page 8 of 6' - VIT. Inclusion of Property in Town Center District. IDC consents to the inclusion of the IDC Property into the Town Center District subject to the terms and conditions hereof. VIII. Adoption of Town Center District Code. IDC hereby consents to the adoption of the Town Center District Code and its applicability to the IDC Property subject to the terms and conditions hereof. IX. Future Land UseChan2:e. IDe and the City acknowledge that the future land use designation for the IDC Property shall be Town Center at such time said designation is approved by the City. Specifically, and without limitation, the parties intend for the future land use designation under the City's Comprehensive Plan to be amended to accommodate the Town Center District Code. The City shall diligently process through completion said comprehensive plan amendments and also effectuate any administrative rezoning necessary to implement the foregoing land use change, All future land use changes shall comply with the procedures set forth in chapter 163, Florida Statutes, and the City Code of Winter Springs. X. Dia2:rams/"lIIustrative Purposes Only". Except for Market Square Parcel, Hickory Grove Park Boulevard, Hickory Grove Park North/South Extension Street, Main Street, and other components of the Town Center expressly agreed to in this Agreement, the City hereby acknowledges that all diagrams and graphics within the Town Center Plan and the Town Center District Code, which are depicted on IDC Property, are for "illustrative purposes only" and are intended only to illustrate the intent and concepts of the Town Center District Code. Nothing in this section shall be construed as relieving IDC of the requirements of the Town Center District Code, XI. Periodic Review. This Agreement shall be subject to periodic review by the parties, Periodically, the City and IDC agree to cooperate and meet in good faith to discuss the progress made under this Agreement and whether any amendments should be made to this Agreement in furtherance of each others' mutual interests, Additionally, during said review, the parties may discuss proposing amendments to the Town Center District Code which may be needed to promote the public's interest in creating an economically viable Town Center. XU. Cooperation. IDC and the City shall cooperate fully with each other to effectuate the terms, conditions and intentions of this Agreement. In connection with City development permit approvals necessary to effectuate the Conceptual Site Plan including, but not limited to, special exceptions under the Town Center District Code (particularly the Large Footprint Building for the grocery store anchor and one story buildings with parapet and two or more story buildings with unfinished second or higher storiesJ, the City agrees to process IDC's development permit applications in /' Page 9 of t) good faith and in a prompt, diligent manner. The City acknowledges that obtaining special exceptions for the Large Footprint Building for the grocery store anchor and for the one story building with parapet and unfinished second or higher stories is pivotal to IDC developing the Conceptual Site Plan and the City will fully cooperate with IDC to obtain approval of the special exception under the Town Center District Code, Xill. Authority. Each party hereby represents and warrants to the other that they have full power and authority to enter into this Agreement. IDC also represents that it is duly authorized to bind the IDC Property to the terms and conditions contained in this Agreement. IDC also represents that all legal and equitable title to the IDC Property will be vested in and held by IDC upon closing of the existing purchase contract for the IDC Property. The City also represents that all requirements and procedures, including public hearings, have been properly conducted so that the execution hereof by the City shall constitute the final action of the City. XIV. 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: IDe: Mr, Shane Doran Vice President IDC CALHOUN, INC. c/o The James Doran Company 1051-H Johnnie Dodds Blvd. Mt. Pleasant, SC 29464 Phone: 843-881-7550 Fax: 843-849-6765 With copy to: Chip Carrington, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A 215 N. Eola Drive Orlando, Florida 32801 Phone: 407/843-4600 Fax: 407/423-4495 City: Ronald W, McLemore, City Manager City of Winter Springs 1126 East State Road 434 ,/ Page 10 of ~) - Winter Springs, Florida 32708 Phone: 407-327-5957 Fax: 407-327-4753 With copy to: Anthony A. Garganese, Esquire City Attorney of Winter Springs AJnari&Theriac,P.A. 96 Willard Street, Suite 302 Cocoa, Florida 32922 Phone: 407 639-1320 Fax: 407 -639-6690 XV. Defaults. Failure by either party to perform each and every one of its obligations hereunder shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief. Prior to any party filing any action as a result of a default under this Agreement, the nondefaulting party shall first provide the defaulting party with written notice of said default. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity in which to cure the default to the reasonable satisfaction of the nondefaulting party prior to filing said action. The prevailing party in any litigation arising under this Agreement shall be entitled to reCOver its reasonable attorney's fees and costs, whether incurred at trial or appeal. XVI. Successors and Assi2ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of each of the parties. XVll. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. XVllI. Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto. XIX. Entire A2reement. This Agreement supersedes any other agreement, oral or written, and contains the entire agreement between the City and IDe as to the subject matter hereof. XX. 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 Page 11 of ~)' - enforceability of the remainder of this Agreement. XXI. Effective Date. This Agreement shall become effective upon approval by the City Commission of Winter Springs and execution of this Agreement by both parties (the "Effective Date"). XXll. Recordation. A short form memorandum of this Agreement and any amendments hereto shall be recorded in the public records of Seminole County, Florida and shall run with the IDC Property. The memorandum shall be in a form mutually acceptable to the City and IDC and shall promptly be recorded at such time IDC receives a deed conveying the IDC Property to IDC pursuant to the existing contract to purchase the IDC Property. The memorandum shall include the legal description of the real property described in Exhibit "A" (the "IDC Poperty"). XXID. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and IDC is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. XXIV. Sovereie:n Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state and federal law. XXV. City's Police Power. The City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. XXVI. Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. / Page 12 of ~ ') XXVll. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Any reference in this Agreement to a whole paragraph number (e.g., paragraph V) shall also include all subparagraphs set forth below the whole paragraph number (e.g., V (a), (b), (c), and (d)). XXVIll. Permits. The failure of this Agreement to address any particular City, county, state, and federal permit, condition, term, or restriction shall not relieve IDC or the City of t~e necessity of complying with the law governing said permitting requirements, conditions, term, or restriction. XXIX. Third Party Ri2hts. This Agreement is not a third party beneficiary contract and shall not in any way ." whatsoever create any rights on behalf of any third party. XXX. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed, and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. XXXI. Conveyance of Market Square Parcel and Other Property bv IDe. All real property conveyances made by IDC to the City pursuant to this Agreement shall . be made by special warranty deed and free of all mortgages, liens, and other title matters which would unreasonably interfere with the City's use of the Market Square Parcel and other property conveyed for the purposes contemplated under this Agreement and the Town Center District Code. XXXll. Declaration of the City Commission of Winter SpriUl!S. The City Commission of the City of Winter Springs hereby finds that this Agreement is consistent with the City's Comprehensive Plan and land development regulations and is a legislative act of the City Commission of the City. The City Commission further finds that this Agreement promotes the public health, safety, and welfare and is consistent with, and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes, and the City's police powers. XXXIII. Conflict with Town Center District Code. To the extent there are any specific conflicts between the provisions of the Town Center District Code and this Agreement, the parties agree that the provisions of this Agreement shall Page 13 of L( control as if approved by the City Commission as a special exception pursuant to the Town Center District Code. IN WITNESS WHEREOF, IDC and the City have executed this Agreement in form sufficient to bind them as of the day and year first above written. WITNESSES: IDC CALHOUN, INC., a Georgia corporati9n , By: ~i1,d:;J(Ui l: ,-:kKh p. N ,-~ nnt ame: '-Ifb,,;",:;i~ C>,,/, '/J~?V p~ Paul P. Partyka, May,), '" . i- Pnnt Name:.I&~,A &) I.-- /l?r./ ~_,,,~p C ~-~.~ ~ Print Name: CJIJIt>"/~ ~'''' 5 h-.-, 'SQcTH CAi2.0Li AlA STATE OF FLORIDA COUNTY OF Ch\tlr Ie r) 1TW\ The foregoing instrument was acknowledged before me this (' day of August, 2000 ,> '" Page 14 of ~5 \ \ \ - , by Shane Doran, Vice President of JOC Calhoun, Inc., a Georgia corporation, who executed the foregoing instrument and acknowledged before me that he executed the same for the uses and purposes therein expressed and who is personally known to me or who has produced f.: as identification and who did not take an oath. /) , (;. I . - , " ,-.., ,,'( ,"1)1':/;:'1)( (,', (" /11_,(' Notary Signature , My Commission Expires 4-30-2008 (Notary Seal) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this tAtL day of August, 2000 by Paul P. Partyka, Mayor of the City of Winter Springs, who is personally known to me and who did not take an oath, ~ , (/1, ~' ~ ~~~ ~ ; ~ , Not~gna ,~ , (Notary S '!'In ~ ANDREA LORENZO.LUACES MY COMMISSION {I CC 631931 EXPIRES: May 9. 2003 1-800-3-NQ'T ARY F1a Notary Service & Bonding Co, .. t j Page 15 of {) , . \ . EXHIBIT -A- . talon 03/31/00 FRI H5: 09 FAX - PLA. OF SURVEY FOR L. W~ KfN~-uRY ORLANOOR FLORIDA OESC IPTION . ALL UNP~OTTED PART 0,. SLOCK ItS", TH~T.r8 ON THE EAST IIDEO' OV.'EOO- . SANFORO BRICK ROtolO OF' D. R. M.TCHELL!S SURVEY OF' THE LEVY GRANT ON LAKE JESSUP, ACCORD rHO TO THE. PLAT THEREOF' AS RECORDED IN PI.AT SOOI< I, PAQ( 5, OF THE PU8LIC RECOROS, OF SEMINOLE COUNTY, FLORIDA:' lta. BEG'" AT THt INTERSECTION 0' THE EASTERLY RIGHT - 'OF - WAY OY THE SAN'ORD - OVIEDO ROAO ANO~HE NORTHERLY LINE OF THE UNPLOTTED PA~T 0' 8AIO'8LOCK "a", RUN S.39050'15"E. ALON,C THE EASTERLY RIGHT - or - VAY OF'SAN"O"O .. OVIEDO ROAO 520 FEET,. THENCE N.50009'4S"E. 335.54 ,.[ET'TOTHE NORT~'lIHE Of" THE UNPLOTTED PART OF 81.10 BLOCK "8", THENC~ N.12040JIS' W. ALONG 8AID NORTH LINE 618.86 fiET TO THE POINT O~ BE~INNIHG. . ' 4C::~~ -10 ~"t~ /;2 A. ,c. DOUON Y SU~S, INC. L, A'. C,. DOUONEY, RESTERED LAND SURVEYO~,a73 OESCRIPTION OF' ROAO TO e!: VACATED: .. THAT PART o~ ~LATTEO RO~O LYr~G NORTHiRLY Of' THE A!OV( O~SCA'ISE~ ~. ,..:.. . - P.1. ReEl.. 0 ~ L A NO . ~ ,# .:-;~.' :.- ~o,' X- 3S"/J', fA.V'"c.~f rc..+Ge..'I'\~ ~y S-e-((-e.r, " ~:::,...:.'. . , P,,<'t.k~c..v-- +0 .~r-cc..T ~~ ""-'-d. Vl.!.~\ '" ;:~ ... "'u: .:.:;. ~c..~~, 5: ~TI ~ ~c--h,r'y +.0 S~ \\~. ./ , ;,.... It... " ..._ " I! II ..... .,:, I' .z.... ..- II ...". . . . , I ..:, t. .- r. __ :__.' . I ( I \ r -5... ' ~ ....:-t.. '. . . . EXH,IBtT A ~~.....-r~ EXHIBIT "e" LEGAL DESCRIPTION The east eleven (11) feet of the following described property: ALL UNPLOTTED PART OF BLOCK "B", THAT IS ON THE EAST SIDE OF OVEIDO- SANFORD BRICK ROAD OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; LESS BEGIN AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF THE SANFORD OVIEDO ROAD AND THE NORTHERLY LINE OF THE UNPLOTTED PART OF SAID BLOCK "B", RUN S.39050'1 5"E. ALONG THE EASTERLY RIGHT-OF-WAY OF SANFORD-OVIEDO ROAD 520 FEET, THENCE N.50009'45''E 335.54 FEET TO THE, NORTH LINE OF THE UNPLOTTED P ART OF SAID BLOCK "B", THENCE N.72040'1 5"W. ALONG SAID NORTH LINE 618.86 FEET TO THE POINT OF BEGINNING, LDDOCSOI\365794\1 --._------ ~~~.:~~~.~~~:~:J/~7:.r~;~.;.~~.;~:;:~.~~~Y4~.;~~:W$~~~'.~;*!' 'r.; :::; .'"7"';~.~iJ.::.';.~" '., "', .. 'h;~:.ifi~lt TOWN C'ENTER DISTRICT' CODE TABLE OF CONTENTS I. INTENT I. Intent .......................... ...................... ............... p.l The City of Winter Springs seeks to create &'town center based upon traditional standards for city building. In February, 1998 II. Administration ,................................................. p.2 the City of Wmter Springs created 8 plan for the town center through 8 design session involving the community and 8 t'Cam of A. Town Center District Boundary Map... p.2 design professionals. This Code is ~ on th8t plan. ,B. Review,Process ..................................... p.2 Traditional urban design conventioDBhave been applied to C. Special Exceptions ............................... p:3 create a paUette of squares, paries, and street types 'that form the D. Site Development Agreement Option.. p.3 framework for the town center. These conventions are derived E. Comprehensive Plan Compliance from a number of sources in planning literature. Where Required .~.......~';.............. ',' ........:. .......... p,3 approvals, interpretations and judgements are left to the discretion of City officials, these officials shall use the following m. Definitions ..............................................'......... p.4' texts for guidance as to best practices: IV. Permitted Uses.................................................. p.S Civic Art. by Hegemann and PeetS; Great Streets, by AllanB. Jacobs; V. General Provisions ............................................. p.7 The New Urbanism: Toward an Archiiecture of Communi tv. by Peter Katz; A. Comer Radii & Clear Zones ................ p.7 AIA Graphic Standards. 9th Edition: B. Alleys ........................................,.......... p.7 The Lexicon of the New Uibanism. by:Duany et aL Congress for C, Exceptions from Build-to-lines ............ p.7 , the New Urbanism; , . D, Side and Rear Setbacks ..,..................... p.7 Shared Parking, by Barton-Aschman Associates, The Urban E, First Floor Height for Residential ......... p.7 Land Institute F. Diversity of Building Widths ......;......... p.7 G, Accessory Structures ............................ p.7 This document repeals the Town Center Overlay Zoning District H. Drive'-throughs ..................................... p.7 Regulations ofJune 9,1997 (Ordinance #661) and Septcinbcr8, I. Civic Sites ..................................,........... p.7 1997 (Ordinance #616). Should any conflict arise between the 1. Parking .....~.....,...~..... ............... ..... ..,....... p.8 provisions of this Code and other local land development K. Single vs. Double Loaded Roads ......... p.9 regulations for the City ofWmter Springs, the provisions of this L. Large Footprint Buildings .................... p.9 Code shall apply" To the extent that this code is silent where' M, Additional Prohibitions ...................;... p.9 other codes gOVenl, they shall apply. VI. Squares, Parks, and Street Jypes .................... p.lO A. How To Use ThiS Code: A. Hierarchy of Squares, Parks, " "_ 1. Determine whether your use is permitted in the Town and Streets ..,................,.............~.......:'. p.1O Center. B. "In Our G ." Ora . , ' 2. Review the General Provisions y.rhich apply throughout eneration wmg .............. p.lO C. Squares, Parks, and Streets Map .......... p.ll the district Squares and Parks ..........,............. p.12: 3. Determine which Street Type YQU1' lot fron~' (If you Street Types ....,............................. p.18 have a comer lot, you must determine the primary space or street based on the hierarchy on page 10.) Vil. B 'ldin E" '. 4. Next, review section VI. for provisions about the Street Ul g lements ....................................... p.26 Type; Square, or Park that corresponds to the lot. vm. Architectural Guidelines ............................. p.29 S. Finally, review the Building E1~ents and Architectural " Guidelines which cont8in specific ii1les for buildings. '-"'u. 1t!J9 Town Center District Code Page 1 II. Administration A. Town Center District Boundary Map ..... District Boundary -- County Enclaves (not in city) ~ <Q - -fe ./ , eJ' I 'J;,.. , .P .. - . - " .' 1 , , , J : , ; , \ I '. I I , J I , , , , , , \ \ ; : \... : -- i \ '\,,- "'\ : :\.,- -- - -. .. ~.- - - -- . \ Interpretation of the standards in this'eo<le shall be the Applicants shall submit the following items to the Land responsibility of the City's Development Review Development Division of the Department of Community Committee (DRC). The "In Our Generation" Illustrative DevelQpment for review: Buildout Drawing on p.l 0 in this Code and on p.6 in the adopted masterplan shall serve as guidance to the 1. A current Site Survey, no more than 1 year old. Development Review Committee with regard to the City's intent for land development in the town center, 2. A curtent Tree Survey, no more than 1 year old. The images contained in this code are meant to demonstrate the character intended for the Town Center, 3. A Site Plan, dniwn to scale, which shall indicate: but are for ~h~sgatiye purposes only. The accompanying a. Building locations and orientations, and text and numbers are roles that govern Permitted landscape areas; development. b. Parking locations and number of spaces; c. Paved surfaces, materials and location(s); B. Review Process d. Site locatic:m diagram & legal description; and e. Signage. Applications are subject to review by the Development 4. Building Elevations illustrating all sides of structures Review Committee, The Committee shall have authority within reason for approving all aspects of site planning facing public streets or spaces. , ' and exterior architecture, including aesthetic 5. A parking analysis justifying the proposed parking appropriateness, environmental implications, traffic impacts, and any other site-specific matters not solution (such as Shared Parking. by Barton Aschman delineated herein. Associates, The' Urban Land Institute). Optional Preliminary Review: Applicants may, at their , 6. Other reasonable 'supporting documents to indicate option, submit designs in schematic or sketch form to the Development Review Committee for preliminary intentions and/or any ~ther items reasonably reqUired by approval, subject to further review. the Development Review CoII1Ii:rittee. _I1:1D1l1l Town Center District Code Page 2 c. Special Exceptions: D. Site Dev~lopment Agreement Option: The City Commission may by special exception waive The City may enter into a Site Development Agreement strict compliance with provisions of this code, In granting with the user or developer of a property, relating to ' a special exception, the City Commission must find by development of a particular parcel or tract of land, and substantial competent evidence that: such an agreement may address such issues as impact fee 1. The proposed development contributes to, promotes and credits; a specialized or negotiated concept of design or encourages the improvement of the Winter Springs site plan development authorized or sanctioned by this Town Center and catalyzes other development as ordinance; infrastructure service credits or public-private envisioned in the Winter Springs Town Center participation in funding, design or construction; or other regulations. ' incentives based upon strict compliance with 2. The proposed development will not have an unfavorable requirements of this ordinance. TIle Agreement will be effect on the economy of the Wmter Springs Town mutually acceptable to all parties. Considerations for the Center, City in deciding whether to participate in such an 3. The proposed developinent abides by all rules in this agreement will include compliance with the objectives code other than those specially excepted. Special and design criteria specified in this-ordinance;' limitations apply to Large Footprint Buildings demonstration of a cost benefit to City and developer; (greater than 20,000 square feet); see section V (L) consideration of development amenities provided by the for these limitations (page 9). developer. Such a Site, Development Agreement shall be 4. The proposed development meets any reasonable adopted and be in conformance with the requirements of additional conditions, restrictions or limitations the Florida Municipal Home Rule Powers Act or deemed necessary by the City Commission in order, Sections 163,3220 through 163.4243, Florida Statutes, as to preserve and promote the intent of the Wmter ~o effect, duration, public hearing requirements and other Springs Town Center Master Plan. ISSUes. Procedure for Special Exceptions: E. Comprehensive Plan Compliance 1. Approval may be granted only after a minimum of two discretionary reviews. The first review shall be Required: before the Development Review Committee, at which time the Development Review Committee " All development of property subject to the Town Center shall review the project and provide to the City zoning designation and these regulations shall be subject Commission an advisory recommendation regarding to the Comprehensive Plan of the City ofWmter approval, approval with conditions, or disapproval. Springs, Florida, and all approvals and land 4evelopment The second review shall be a public hearing held permits .shall be in compliance with the Comprehensive before the City Commission and shall be held no Plan. An amendment to the comprehensive plan has sooner than seven calendar days following the been proposed and is currently being processed by the Development Review Committee hearing. City. This amendment is proposed to.increase densities' 2. Requests for special exceptions under this ordinance for the area affected by these Town Center regulations; shall include each exhibit required in the however, until this amendment to the comprehensive Administration Review Process per section II, part plan is approved and adopted in accordance with state B of this code. In addition, the City Commission law, the City canriot lawfully assure any owner or user of may within reason require additional exhibits and any affected property densities arid land uses not may defer approval of the special exception currently allowed' or permitted by the City's application or schedule an additional public hearing Comprehensive Plan. or hearings to review those exhibits. ), Special exceptions shall not be unreasonably withheld, but the City Commission shall have authority to require that the applicant satisfy any additional conditions it deems necessary to fulfill goals of the master plan, including reasonable offsite improvements directly related and proportionate to " the specific impact of the request, or further review(s) and approval by the Development Review Committee. ' 4. The C:ity ~ommission may grant the approval of an apphcahon for special exceptions from the code in whole or in part upon a majority vote of its members, ..... ,11. ;, II) Town Center District Code Page 3 III. Definitions Colonnade or Arcade: a covered, open-air walkway at standard sidewalk level attached to or integral - with the building frontage; structure overhead is Accessory Structure: a building or structure supported architecturally by columns or arches subordinate to the principal building and used for along the sidewalk. purposes customarily incidental to the main or principal building and located on the same lot or set Dwelling Area: the total internal useable space on of attached lots therewith. all floors of a structure, not including porches, balconies, terraces, stoops, patios, or garages. Alley: a publicly or privately owned secondary way which affords access to the side or rear of abutting Front Porch: a roofed area, attached at the ground property. floor level or first floor level, and to the front of a building, open except for railings, and support Appurtenances: architectural features not used for columns. human occupancy consisting of: spires, belfries, Garden Wall: a freestartding wall along the property cupolas or dormers; silos; parapet walls, and cornices without windows; chimneys, ventilators,' line dividing private areas from streetl), alleys, and skylights, and antennas, or adjacent lots, Awning: an architectural projection roofed with Height: the vertical distance from the lowest point flexible material supported entirely from the exterior on the tallest side of the :structure to the top of the wall of a building. parapet, cornice or eave. Balcony: a porch connected to a building on upper Liner Building: a building, built in front of a parking stories supported by either a cantilever or brackets. garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street Block: an 'increment of land composed of an space with a facade that has doors and windows, aggregate of lots, tracts and alleys circumscribed by opening onto the sidewalk (see diagrams pp.8 and thoroughfares. 9). Parking garages and the,ir Liners may be built at different times. Build-To-Line: a line parallel to the property line, Lot: a single building plot; the smallest legal , along which a building shall be built. Exact location of Build- To-Lines shall be established by the DRe increment of land which may be bought and sold. at the time of application. Lot Frontage: the property line adjacent to the Building Frontage: the vertical side of a building frontage street. .. which faces the primary space or street and is built to the Build-To-Line. Marauee: a permanently roofed architectural projection the sides of which are vertical and are Building Volume: the space displaced by the intended for the display of signs;: which 'provides exterior walls and roof of a building; a product of protection against the weather for the pedestrian; building width, depth, and height. It is the intent of and which is suppOrted entirely from an exterior this Code to regulate building volume in order to wall of a building." shape public spaces that are human-scaled, well- ordered, and which maximize the shared real estate Primary Space or :Street: the space or street that a amenity. building fronts. At squares and street intersections the space or street highest in the hierarchy is the Building Width: the distance from one side of a primary street. building frontage to the other. In conditions where buildings are attached, building width is.the ' Stoop: a small platform and / or entrance stairwaY,at distinction between buildings which shall be a house door, commonly covered by a secondary , expressed via a change in architectural expression, roof or awning, such as a vertical element running from ground to roof, a change in fenestration or style, color or Storefront: building frontage for the ground floor texture, or a break in facade plane or roof line. usually associated with retail uses. These changes may be subtle or significant, but it is the intent to avoid homogenous blocks of Structured Parking: layers of parking stacked excessively long buildings. vertically. ' J.w 12. ,_ Town Center District Code Page 4 IV. Permitted Uses Loan companies Locksmiths Administrative public buildings Luggage shops , Adult congregate living faCility Manufacturing and assembly of scientific and Advertising agencies optical precision instruments Alcoholic beverage sales (package) Markets and stores, small Alcoholic beverage on-premesis consumption (Not exceeding 20,000 square feet) Alterations and tailoring Medical clinics and laboratories Amusement enterprises, private commercial Municipal Buildings ' Antique and gift shop Nurseries, plants, trees, etc., Retail and Appliances, sales and service wholesale Artists' studios Nursing Homes Automotive accessories sales Offices Bakery, wholesale and retail Outdoor signs sales offices Bathroom accessories Paint store Bed and breakfast inn Parking garages ' Bicycles, sales and service Parks and public recreation ar~ and facilities Bookstores, stationery, newsstands Pet shops and grooming Bookkeepers Photographic studios Butcher shop, retail only Physical fitness and health clubs Carpets, rugs and linoleum Post office ,Churches (with or without educational and.. 'Private clubs and lodges recreational buildings and facilities) Public restrooms Cleaners Public utilities and service structures Coin dealers ' Quick printers , ' , Computers, hardware, and software sales and Radio and TV broadcastillg studios, excluding service towers Confectionery and ice cream stores Radio and TV sales and serVice Convention center 'Rental stores Com~ store' or neighborhood oc:<>nvenience store Retirement homes, including independent living without gas pumps through assisted living Dance and music studios Residential, single family (attached and Day nurseries, kindergartens and day care detached) Drug and sundry stores Residential, multifamily Employment agencies Restaurants Financial institutions, banks, savings and loan Schools service and vocational schools (such as , , Florist and gift shops cosmetology, medical and dental assistant's Furniture, retail, new and used training) , Government service facilities Shoe repair shops Grocers, retail and wholesale Sidewalk cafes Gun shop Smick shops Hardware stores Sporting goods, retail Health food Tailoring shops Hobby and craft shops Taxidermists Home occupations Telephone busin~s office and exchanges Hospitals and nursing homes Theaters, not drive-ins Hotel. Title companies Hypnotists Tobacco shops Inn Town Center marketing and sales center Insurance Toy stores Interior decorating and draperies Trail heads Jewelry stores Travel agencies Libraries Weari ng apparel stores ..... 11.2'n. Town Center District Code Page 5 'Permitted Uses, Continued: Any other similar retail store or business enterprise not listed, that in the judgement of the Development Review Committee is not specifically limited to other zoning districts within the City and is consistent with those included above, and further, that will be in harmony with the spirit of the Winter Springs Town Center Master Plan, Uses Permitted by Special Exception Only Automobile repair shops (routine service) Bowling alleys Bus terminal Car wash Corner store or neighborhood convenience store with gas pumps Equestrian facilitjes Gas stations Launderettes and laundromats Printers, commercial Schools, private and parochial Skating rinks Stadiums and arenas Swimming pools; sales service and supplies Veterinary clinics (no overnight boarding) --..11.11..' Town Center District Code Page 6 v. General Provisions E. First Floor Height for Residential: The following general provisions apply to all Residential uses on the first story shall have Street Types. " finished floor height raised a minimum of 2 feet above sidewalk grade. A. Corner Radii & Clear Zones: D D" " fB ild. W.dth .1:'. lverslty 0 u mg ) s: Comer curb radii shall be between 9 feet and 15 ' feet. F arrly tight turning radii shorten pedestrian No more than three residential buildings 20 feet or crossings an~ inhibit reckless drivers from turning less in width are pennitted within any two comers athigh speeds. To allow for emergency hundredfeetoffrontage vehicles (e.g. fire trucks) to turn comers, a 25 foot . 'radius Clear Zone shall be established free of all " , vertical obstructions including but not limited to G. Accessory Structures: telep~one poles, sign poles, fire hydrants, Accessory Structures are permitted and may electrical boxes, or newspaper boxes. contain parking, accessory dw~lling units, home . occupation uses, storage space, and trash ~'i~u.;.~ receptacles. Home occ:upation uses are restricted, 25'~o.....z-Uno~,,; to owner plus one employee, shall not includ~ ' ,. ClNrZDno noxious or disruptive functions, and may not disrupt parking for neighboring residents; , c.n~ ' '1 ,".~) Accessory structures shall not be greater than 625 , square feet in footprint and shall, not exceed 2 B All stories in height. . eys: Alleys are required in ~e town center to ~nimiie ' H. Drive-throughs: curb cuts and to prOVIde access to parking and. . , . " service areas behind buildings., Alley ,Drive-th:ou~ servtce wmdowsare penmtted m requirements may be waived by the DRC for the r~ m rmd.-block and alley access~ access to detached single family residential,lots l~cations proVl~ed th~y. do not substan.tially , greater than 55' in width in situations in which dISrupt pedestrian acti'\'}ty or surroundmg uses. proper streetfront orientation, pedestrian circulation, and parking can still be accomplished. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley's Example , D~-through purpose. Additional curb cuts shall be added only , 6eI'VlCC area with the pennission of the Development Review _ Committee. Alleys may be incorporated into parking lots as drive aisles and fire lanes. " I. Civic Sites: C.Exceptions from Build-to Lines: '" . ,". f'al bl' CIVIC bUlldmgs contain uses 0 spec! pu IC Exceptions from Build-to Lin~ may be granted importaIlce. Civi~ buildings include, but are not by the Development Review Committee for' limited to, municipal buildings, churches, avoiding trees with calipers greater than 8 inches. libraries, schools, daycare centers, recreation , , facilities, and places of assembly. Civic buildings On.comer ~Ites (\\'ithin 50 feet of the comer) ~th do not include retail buildings, residential B1l:lld.-to Lmes, set back from. t?e property lme, buildings, or privately owned office buildings. In : bUIldm~ frontag~ may be pOSItioned forwar~ of order to provide greater flexibilitY to create a the :Swld~to Lme up to the Property Lme, special architectural statement, civic buildings are proVIded It does not encroach upon the Clear not subject to Build-to Line requirements or Zone. Building Frontage requirements. The design of . civic buildings shall be subject to review and D. SIde and Rear Setbacks: approval by the Development Review No side or rear setbacks are required in the town Committee. center. ' '-12,2IlOO Town Center District Code Page 7 . streets to reserve room for Liner Buildings J. Parking: between parking structures and the lot frontage. 1. Parking Requirements The. LiIl:er B~ilding sh~l be n~ ~ess than two . ... stones ill hetght. Lmer Butldmgs may be The mtent of these parking regulations IS. to detached from or attached to parking structures. encourage a balance between compact pedestrian oriented d~velopment and n~cessary car storage, 5. Access to Off-Street Parking The goal IS to construct neIther more nor less parking than is needed. Alleys shall be the primary source of access to off- There shall be no minimum ~arking requir~ent street parking. Parking along alleys may be head- in the Town Center. The apphcant shall prOVIde a in diagonal or parallel. parking analysis justifying the proposed parking , . . . solution. Alleys may. be ~corporated mto parking lots. as standard dnve aIsles. Access to all propertIes Minimum parking space dimensions for head;..in adjacent to the alley shall be maintained. Access or diagonal parking shall be 9'x18' with 11 'foot , between parking lots across property lines is also _ driye lanes (22' f9C2 way tra~c) and p~llel 'encouraged. ' parking spaces shall be 8'x20' mmlInurn WIth 10 I foot drive lanes (20' for 2 way traffic). ___._' .._, . ~~~-:-:+ . _,_. _.. Parking shall be provided ~ neces~ary t~ m~~ ~e ~ ruJ..lTIlllUT. ~ t requirements of the Amencans WIth DIsabIhties ; LfTTTTTlTTTlJ ; ~ Act and Florida Accessibility Code, ; : ~ '. . I ~ 2.0n-StreetParking i 1 The selection of diagonal or pafallel parking ~~ along any section of road shall be determined in consultation with DRe. In the event that DRC approves diagonal instead of parallel parking, ... Frontage Street . dimensions should be adjusted on pages. 12-24. Comer lots that have both rear and side access 3~ Off-Street Surface Parking Lot Placem~nt shall access parking through the rear (see diagram O~-.street surface parking lots shall be s.et back a below). I mmImum of 50 feet from the property Ime along +- !\lie)' -+ the Main S, treet DRC shall have discretion to ."."."--" -.. _.: - 1 ,make this requirement applicable elsewhere .on I , prominent frontages, such as along key pedestnan I connections, within significant vistas and within I ~ important public spaces. Outbui1din&s se~g ~ Mif:l~~loc; ~ ~ garages facing alleys shall be penmtted '";thin BUllihng: Comer this setback. Surface parking lots may be buIlt up ~, ~ Building + to the property line on all other street frontages. ~~:erty-+... - . ., - . . - .~.~. of 6ulldlnge \. -( /J'~\:> '~~ " '\. Curb ~ .J:.. ,'~ . \.. " ~ . ~'j~~;K\ . .,J: Parking Structure ' ... Frontage /' ',l',," ." ,':,. ,,' ) . ......'Io:'~. .. ... . . . . . . " . / '~~l\ , :..)~.:'~\., '// C~c~ar dnves are prohibIted except for CIVIC ',r,~.i'.~":: .t',,:':. "",~, ',,; U er'" B".klings butldmgs. \ "'~< ,..;~~,," "\. /r.. / .n UI '\ '."..' /t" ", '~_FIi')I/ '\~fh ~ '~. Garage door(s)shali be poslt.loped no closer,to \~y)~ /. Primary Frontage streets, squares or parks than 20 feet behiild the \W principal plane of the ,building frontage. Garage , ' , " doors facing streets, squares or parks shall not 4. StructuredParkingLotPlocement exceed 10 feet in Width. Where space permits, Parking structures shall be set back a minimum of garage doors shall faeethe side or the rear, not the 50 feet from the property lines of all adjacent front , , _ll,:IIJDD, Town Center District Code Page 8 6. Parking Lot Landscaping Requirements: Landscape strips of at least six feet in width shall , be provided between parking isles of either head- in or diagonal parking. Tree spacing in parking lots shall be determined by the CitY Arborist based upon tree species and location. The objective is to create as continuous a shade canopy as possible. A diversity of tree species across the, Town Center is encouraged. To minimize water conswnption, the use of low- water vegetative ground cover other than turf is encouraged. ~ 6 ft. mln. T In lieu oflandscape strips, landscape islands can be provided. No more than 6 consecutive parking stalls are permitted without a landscape island of at least 6 feet' in width and extending the entire length of the p~king stall. A minimum of one tree shall be planted in each landscape island. K. Single vs. Double Loaded Roads: Segments of single loaded' Edge Drive are designated for portions of the masterplan in order to provide public access to significant natural areas and to enhance these significant natural areas by facing them with the fronts of buildings. Single loaded Edge, Drive may, by special exception, be replaced with a double loaded D alternative. ' Double loaded roads may be appropriate in locations such as: where there is no significant natural, view, in circumstances where no significant negative visual impact will be created by having the developed properties back up to the natural area or park space, or in other locations where it is deemed to be in the balanced public- pnvate interest to incorporate double loaded roads for the economical :use of the property . M. Additional Prohibitions: L. Large Footprint Buildings: The following are prohibited where visible from Buildings with a footprint greater than 20,000 parks, squares and primary streets: square feet may be built within the Town Center · Coin operated newspaper vending boxes District by special exception only. Such buildings · Utility boxes and machinery including but not must abide by all rules in this code with the limited to: baclcflow devices, electric meters following special limitations: and,air conditionirig units. ' _11,_ Town Center District Code Page 9 VI. SQUARES, PARKS, AND, STREET TYPES: Development under this 'code is regulated by Particular details of the lliustrative Buildout Drawing and other sketches, illustrations, drawings and street type. The squares, parks, and, streets are diagrams contained. herein are subject to change, at related to each other in a hierarchical manner. the request of the affected. property owner, with When these spaces intersect, the primary space is approval by 'the Development Review Committee determined by its higher order in the hierarchy. and, if required below, with the approval of the City The front of a building and its main entrance must Commission, Such details may include the location face the primary space. dimensions, quantity, configuration and design of the following components of the Winter Springs Town A. Hierarchy of Squares, Parks, and Streets: Center: . Squares and Parks With approval by DRC and final approval by City ....- . Main Street ~~ Commission: je . SR 434 FrontageRoad , 1. Streets, roads and alleys (including any boulevard, bJ)' L: drive or lane) and the framework of blocks they form, :a..5 . Urban Boulevard except for the current' alignment of State Road 434, - . Town Center Street Tuskawilla Road and other existing streets. -~ . Edge Drive '2. Squares, parks, and public spaces including the ~"O . Neighborhood Street wetland 'park, relocated. portions of the Cross ~5 Seminole Trail with trailhead(s) and/or/ bridge, but eU . Trail Street ...~ not including the exisqng Central Winds Park. It i,s . Neighborhood Lane the intent that squares, parks and open spaces sh~d remain open and unbuilt (except for civic buildings). Alleys are covered under General Provisions, as they are never fronted by main structures. On the following pages, diagranunatic examples are us~ to illustrate example building locations, configurations, and dimensi~ns. The accompanying numbers and text are rules; the and any, wetlands "-j ! i \/ " " I ..... ." ~. " .---_. - -.-. .-_.-~ - -~ _ 12. ZOllO Town Center District Code Page 10 c. Squares, Parks and Streets Map "" ". - , ' ' . .~.." .'-'-'-~"- . . . -.. -.. - . , Neighborhood . Squar-: t2 (p.l7) .. Legend ~~ Squares and Parks (pp.l2-l7) - Main Street (p.lS) - SR 434 FrontageRoad (optional) (p.19 Urban Bou)~vard{p.20) - Town Center Street (p.2l) h Edge Drive (p.22) Square '5 (p.l7) - Neighborhood Street (p.23) _ Neighborhood Lane (p;25) , - · · · · · Cross Seminole Trail Routes ,> . ":--. Town Center District Code "'-'.0 l~ ~.JJ Page 11 ...... ........__u...... . ... .. .~:~?;..~:~~.:-~~g 1. Market Square '~'.. This square is the window irlto Main B. Building V oluine: '~j... 0'/ Bldg. Width: 16 ft. minimuin -. Street. The eastern street has two way 160 ft. maximum ..... : ./'. ..... travel with diagonal parking on the ',>-...,' -..... . ., .. ..' . ",.<"'\" .... .';. -=- .' 0 building side. 'The western street is one . ::;..~\ ",,;::: ~,y ~.~..., . Bldg. Depth: 125 ft. maximum .~:\ way with parallel parking on the building v. : . .,': "'-\.,. , :'i.- :! " ,'. ~~' ,,=;; side. Trees are optional in the right-of- .. ...\."...~ " Bldg. Height: 2 stories minimum . ~, . .0 j' way. 4 stories maximum .':.: /~:>':~:'~ :'jPi~,::.;::.,,' 55 ft. maximum A. Building Placement: '~:=:, ,,, ,::',,; " 0/': C. Notes: .'. ,;. .} ::'::.. Build-to-line location: o ft. From ,/! -. (Typical) R.O.W.line 1. Appurtenances may extend beyond the height limit. 2. Building fronts are required to provide shelter to the sidewalk by means Space Between of at least one of the following: arcade, colonnade, marquee, awning, or Buildings: 10 ft. maximum 2nd floor balcony. ' 3. All permitted uses are allowed on all floors. 4. Specific design of tree planting and landscaping layouts in and along this space shall be subject to ORe approval. 5. The alignment of floor-to-floor heights of abutting buildings is encouraged to allow for shared use of elevators. ':'C:~...,~~;"T""';""""" :,":-': ""..:.......~...- '. '" -~~:..~ '~;;&;,. -:III~, . ..~.~:"!..-::-::.~~"~,:~:...."';;. ~~ ~ " .' ill! J [[1- --. . .,. , ., }tJ,~ ,~~~ :~>~3. at~~~~~- ','~>; :i!tt."'; \-,...~ TluS ili~t;atio~dep'icts the -ch~cter interld~ for Market Square. , Focal fountain terminates the mixed-use main street. ....... II Ii ., I I: ll-~ I ..... .. - K l . ,. .j !j " ! i , ~ i ~ ~ . . :1 J I, ,. .1 I . 12' 10' varies 11' , 11' ! 8' 18' 12' 'SIdewalk---: J>artCi'Di-:-' ---,---' ,. -. ~--" .., _. -.. ' -.. -oiailon8\PiiiIQrig:- . Si&WaIk - ;' varies ~- --- -.. ..-------.. .-..- ,- ..--..--- . --- ... ----. '-'- -- ..-.-,.- ...- PI.. Pl _11._ Town Center District Code Page 12 2. Magnolia Square """". -'-, ,,-<:~ MagnoliaSq' . th f a1 th' . B. Building Volume: ~, ..,'..". uare IS e orm ga enng . , . ... , , space in the town center. A focal fountaih Bldg. WIdth: 16 ft. ~um --.. .' '''.::'' terminates the main streets into the 160 ft. maxunum .,':::: ,~,<,~ :, ,..,_. ". ,:s: ":~ square. Angled parking on the north and ':, ',:; , ~ " "~{,, . south sides of the square supports retail Bldg. Depth: 125 ft. maximum "': ,,-1...\;.~ ,';=: '~ , . :" ')~. , .:'=j, uses. BId H 'gh 2 . .. Yo' ,~~,~ ..,..'... .1/, g. el t: stones rrurumum '.// '..., ,'-<'.., .-,' 4 stories maximum .=~/,=,:.:' .,,;-1'h: : 55 ft . : '\};'.I" :,:::':- .maxnnum _,___,'"".. ,<, -..-..,~ ".' , ", A. Building Placement: ' ," '., {;"'~:~r.. Builc:.~-to-line location: 0 ft. From C. Notes: " " ,-L' " (Typical) R.O.W.line 1. Appurtenances may extend beyond the height limit. 2. Building fronts are required to provide shelter to the sidewalk by means Space Between of at least one of the following: arcade, colonnade, marquee, awning, or Buildings: 10 ft. maximum 2nd floor balcony. 3. All permitted uses are allowed on all floors. 4. Specific design of tree planting and landscaping layouts in and along this space shall be subject to DRe approval. '5, The aligrunent of floor-te-floor heights of abutting buildings is encouraged to allow for shared use of elevators. ' , i i' 12' '8' 12": 8' :' 210' 8' : 12' 8' 12' J=~~~_~ ~='=~ ~ '_=~~~?xr ~:~~~_ :--=~'~~~.-~.~~~:,_., ~ ~ -~~~~~ ~ ~ _IJ.:IDlJO Town Center District Code Page 13 ,3,. Hickory Grove Park . . _-~,.------~'"'~' Hickory Grove Park 15 the "central park" B. Builcling Volume: '~' ::-' of the town center and is ,named for th,e Bldg. Width: 16 ft. minimum ~...'" ..', ,,>:, ' ..,.....," 'large stand of mature hickory trees It 160 ft. maximum ,.",':., ,,", ~ \, . Th Blumber h . be ',,, ',- ",," contains. e g ouse 15 to:,,-- /,....;, ;';'" ',"'\ , "'I... I ,I converted to a, civic use and two Bldg. Depth: 125 ft, maximum ; : "".v~. 1, ~ :.\;,~ additional dvic sites are located in the "'~ .f""<..;..:, . JI southeastar'ldsouthwestcomers. Bldg, Height: 2 stories minimum .:':,~--!{.:,' ~A~"":'; 4 stories maximum ' ':, ;', /~',,:..,:" =-==:.:0 ' :,'~' -e" A. Building Placement: 55 ft. maximum : :"~.':;:-.~'~'~. Build-to-line location: 0 to 10ft. from - , (Typical) R.O.W.line C. Notes: 1. Appurtenances may extend beyond the height limit. Space Between 2. Allpennitted uses are allowed on all floors. -Buildings: 35 ft. maximum 3. Specific design of tree planting and landscaping layouts in and along this space shall be subject to DRC approval. 4. The alignment of floor-to-floor heights of abutting buildings is , encouraged to allow for shared use of elevators. Civic Site If' 12' J e'.! 10' ' 10: : e'..l..___.~__,__,: e',~__JJt,__~_J9' -',~_:_JJ;i1 :_-_~~~k ',hikiiig ,--_~,~ ~.'--= .~',.: ~,~_ ..,_.._YQ~__... __~arking .. , .n_ _..... ._ ',... S'__.1t _ ~ ~ · In the event ORe approves diagonal paoong instead of parallel parking. this dimension shall be shall be IS' . -~~ Town Center District Code Page 14 4. Lake Trail Park"'" ""---'_._':--.'-'._'''''':~;~e~,;~(:~:~ .. , . .. ~. \,~ " ~ neighborhood park gives trail u~ers B. Building V olume:~(' ,..~<'<:!1 a w.mdow mto the Town Center and gIVes Bldg, Width: 16 ft. minimum, ~,' : ~',';:~"',. '"':::~: resIdents access to Lake]essup, 160ft. maximum "."'. ,,:>" ',', 'f ,~~ . .. , . , - ,'~ ..... 'I'~ ..~., '1 ',"-;-', ,i/.... +y : '~, 1\ Bldg. Depth: 125 ft. maximum '~,"~~'::;~"\/~!"=,/=ji . . '.-:,; : .; . I',~, ..' ,:' A. Building Placement: ',' .. '..-9 :/;'\" :-':~~"""':'< ' Build-to-line location: 0 to 10ft. from Bldg, HeIght. 2 stones nummum '.=:,-:::..'" i:' , :-/"'o/f..,,' (Typical). ROW line 4 stories maximum _~ ,_ \)'" "\J'" . . . 55 ft. maximum -:. -::.~ ,/:,~,t(' , Space Between Buildings: 35 ft. maximum ~" " ".-.' J r ' 1 0' ,6'; 6': 8'. 10', 1 0' green '''- ,....._--'-,.-._'-,..,---'---'- -'-'-', ..'-----_.. : Side- 'urc:cn, Parkina 40' R,Q.W. ' "WJlIL~...." u "___,,,___._ .u , PI. · In the event ORe approves diagonal parlting instead of parallel parking. this dimension sball be shall be IS' _12.,2IlOO Town Center District Code Page 15 ........... ..._ ... .. ._u. . . .-. 5. Orange Avenue Park "'. ..... .. ~ '. .. "~ .~ ~".'!I' . ". this park marks the northe~ entrance B. Building Volume: ,~ ..: " into the town center district. It provides a ' Bldg, Width: 16 ft. minimum '" ' : ->::.. " , public gathering space as well as needed ....:';.../ . ..::, "; ':'" ' '. 160 ft. maxiinum ., .. ,t'" i, stormwater retention for the Orange .... . .." '.'~.',;\, ".~-:' ~" J ' ...r..... .;:,.,\... . A venue neighborhood. Bldg. Depth: 125 ft. maximum ...',:', \-~.. .:-:...: ,I "\; ": .f"'::. ,": ":71, Bldg. Height: 2 stories minimum " ~ I \ .,:=:::if".. < '/.'!t," A. Building Placement: ' ,-7 '::,;/ , 4 stories maximum , ",:::", ,-:7 :.':' , :" Build-te-line location: o to 10ft. from 55 ft. maximum -::.:=-~ ;~~.~~~~"";.~.I. (Typical) R.O.W. line Jf.~.. ' C. Notes: Space Between 1. Appurtenances may extend beyond the height limit. Buildings: 50 ft. maximum 2. All permitted uses are allowed on all floors. 10 ft. minimum 3. Specific design of tree planting and landscaping layouts in and along this space shall be subject to DRC approval. I I - I -~ / I f), I I I --._" "- t:=,T .... t " i i I 1 0' 6'! 6': 8'. 10' 1 0' peen L_ _ .___'___ .-..-..--........ -'.'-, : SicIe- Green' Pamna , ~ R..9~W~ ;.~~ -llIip,.- , .. ... . PI. " · In the event ORe approves diagonal parking instead of parallel parking. this dimension shall be shall be i 8', " _12,_ Town Center District Code Page 16 .- -_.__.~.. - ..- - . - ..-,. 6. Neighborhood Squares . .:....:::....;.. i .' .~. l,;,'.:..~ '; ..:.~:~~.(?~:~ ~:i ,'" ..' ., " . . " . . ., ". . '. ..... ,,:~ These small squares are distributed B. Building Volume: '-'~'~ .','~;."" -. , ...,:,. "':.~. throughout the Town Center, providing Bldg. Width: 16 ft, minimum " frequent focal points and places of 160 ft, Maximum .:\:'.'~r ,'<~::,:,,-;. \ ,""?} , in terest. ,.,.., ...~ ',( Bldg. Depth: 125 ft. maximum '.:,~'\:,;: ~(; ~";'7"C.'~! .... . ..... ')~ i! ,'/ Bldg. Height: 2 stories minimum ':~t)~f~~--!' - A. Building Placement: 4 stories maximum Build-:to-line location: o to 10ft, from 55 ft. maximum (Typical) R.O.W.line C. Notes: Space Between 1. Appurtenances may extend beyond the height limit. Buildings: 35 ft. maximum 2. All permitted uses are allowed on all floors. 3, Specific design of tree planting and landscaping layouts in and along these spaces shall be subject to DRC approval. 4. The alignment of floor-te-floor heights of abutting buildings is encouraged to allow for shared use of elevators. - Gtl~..ll\rl~ J\ e ':' -~ '! ~;, -"-i\ ~ " "i ~ ~ . '- , ___~.IIi - ig~~ _ ',d"'r"'I:'"~"~"''''J~'~';:;;':~f;"W . ~ #6 _11. moo Town Center District Code Page 17 7. Main Street ' , --,- u_,:~}~ Main Street is the most important street in B. Building Volume: " ,~ ~, '.. . .' / the town center. It ~ ~ed with mixed- Bldg. Width: 16 ft. minimum , ~ "', ;;.: """, :~-:.., '. .lse shopfront butldmgs that are 160 ft, maximum ~!-." ,. ',':. . ) ',., positioned at the front of each lot. It "'\',\ ,.-~, . ":Y;i~~'.. feature,s angl.ed parking or pa~allel Bldg. Depth: 125 ft. maximum ,,':' ",;.:,; -!-...\/','J, ""'.).....;'!: parking and wIde sIdewalks. Trees m the " <;": .~ '; ]I :ight-of-wayare optional, The southern, Bldg, Height 2 stories minimum ,', ~ i;\,':..;' '.:.~' '" ':_ ~:' ' portion between Market Square and 4 stories maximum ':==-'/" ': :,';-',:0 ",' Magnolia Square is of primary 55 ft. maximum =:'=-= -::\,~~~.::,.' " mportancefor implementation, but it is .. :. -:,' ',7:~;: ~~~,~~~~ L, nay grow into the area of Tuskawilla C Nt. Road north of Magnolia Square. . 0 es. . '. 1. Appurtenances may extend beyond .the heIght limit., . . . 2. Building fronts are required to proVlde shelter to the SIdewalk ~y means A. Buildmg Placement: of at least one of the following: arcade, colonnade, marquee, awmng, or Builq-~1ine location: 0 ft. from 2nd floor balcony. ",.. (TypIC ) . R.O.W.line 3. All permitted uses are allowed on all floors.. .. . 4. The alignment of floor-to-floor heights of abutting buildmgs IS 5pace Between , encouraged to allow for, shared use of elevators. " Buildings: 10 ft. maximum ' ' " V Build-to Line 1 , ' 1 ....-. : ; I I" ~ !: 1 I' 1 Jl I I r I . ! . awning colonnade ..,. 1 /' ".;; ~ i: ~ ' ....'/ ......1 ~ "" , .... II Ii '. ., I! i i; ij .', ! " II " , :. ._4 - , ill' I 11' 18', 12' 12' 1~ ,._' .___,2'_____ .__. ....:_,_._ _'_n_ -.. --- 1" . ___, ...82' R.O.W. ..___ ____ ._.___.._, --"'- --..------. ,-, Pl Pl ~- -..--- --- '--'-7 - . ./' . , , /' ,..,0'.......... , ""d? '<-, .' , " x, ,.r ! :rY ,,;.f! ", ." I ; .. ~ ,,?: -8 ' ... ; /"! as',: =il . DO. : ~ "2" ~~,/ ! 1 t /~/./: '~, ;. 'I ;/' .~ ?, .~. -.. ..,?', ~ , .' ,?-"'" :-" . ;1""" " ./ J ,~~ """t. "'. ...- , . .. - _12._ Town Center District Code Page 18 n..__.__~.._.. ._______._ ". >tJ;':.:i<;',,>::-~ 8. SR434 Frontage Road. .~u~,.' <,~,. This frontage road completes the B. Building Vohune:'"... .,!,! "-, " transformation of SR 434 into a Bldg. Width: 16 ft. minimum " ~,'" ;"~'~""'" ' " , boulevard and allows local, traffic to 160 ft. maximum .,~'~~. . :;~: ~'r-;-, " ./'\~, , I t .thin th t .th t ' ~ .-'{' arcu a, e WI e own center Wl ou ~~ ".....,.co', :,....-;.. " necessarily using the regional road Bldg. Depth: 125 ft. maximum ">, ;. \/~/ :=f";; , t It 150 'd tr kin' , ..f""'i:;, . /, sys em. a provI es ex a par g m , ' fi '! :,:' : '~', "'",i' front of buildings facing SR 434, The Bldg. Height 2 stories minimum ,,':_~,)t~,.,~ ;:;~~;","" Frontage Road may be, waived by the 4 stories maximum ' ," j/\::," DRe under certain conditions, These 55 ft. maximum may include, but are not limited to: , . facilitation of traffic movement within C. Notes: the Town Center without using S.R. 434, 1. Appurtenances may extend beyond the height limit. on-street parking along S.R. 434, and 2. All permitted uses are allowedon all floors. reasonably unimpaired pedestrian 3. Tree spacing shall be optimized for the species used, in consultation movement. with the OtyArborist. . din ' 4. Trees on building side of street are optional. . A: Bull. g ~lacement: 5. Diagonal parking is permitted in lieu ofparalleI parking. p?il1~~line location: ,0 ft. from "6. The alignment of floor-to-floor heights of abutting buildings is yP R.O.W, line encouraged to allow for shared use of elevators. Space Between Build-to Line Buildings: 35 ft. maximum ' V This tree is optional, .....-.1 \ , \ \ ' \ 1 4' mln; 1 0' : 8'* ! 6' ' 6' ....,---.,.. -'1- - -..-- ~ ,:._.~ ~,9!~,(mh) ...... _,.~, PI. ;1 u ~.~r ~ j ~ 1n1 1 c: ~ ~ ;' ClO!-; ~ ], ~.~ ~ ] ~ Cl.. IS CI) ij c=--=~' ! 1 :1 · In the event ORe approves diagonal parking instead - of parallel partdng,lhis dimension shall be IbaII be IS' ...12,- Town Center District Code Page'l9 ----. _..- -..... - . '. ": ...~.;~ "'::-~::: :~- 9. Urban Boulevard '. ~;.~~:~ B. Building Volume: "::"~ ,~' i.~. . The Urban Boulevards are special streets ' ., -.. , .. Bldg. Width: 16 ft. minimum < with wide medians down the center . . ....~-..: . " .... 160 ft, maximum ..... .. "'" , usually containing a trail. ThiS extra ...:~....: '""'!-'.';":". ., .;.;. \'" '.'..~' pedestrian element makes this street type '. . " :"'\' " , " an elegant multi-use connection between Bldg. Depth: 125 ft, maximum ' <.:'~>>:.)A';1. ;' special, are~ within the town center. Bldg. Height: 2 stories minimum ' ',', (7; ,'~~-,.j~ '~.-:' :),~,/'" 4 stories maximum 55 ft. maximum "'>"'-;7' -.,--", .',.' .' -'. -'- '.-' A. Building Placement: C. Notes: ':, ?\,' Build-~line location: o ft. from (Typic ) R.O,W,line 1. Appurtenances may extend beyond the height limit, 2. All permitted uses are allowed on all floors. Space Between " 3. Tree spacing shall be optimized for the species used, in consultation Buildings: 40 ft. maximum with the City Arborist. 4. The alignment of floor-to-floor heights of abutting buildings is encouraged to allow for shared:use of elevators. V Build-to Line I I I I I 1\ :T ..jT I II :- ~ i i I 1 ~l..' .:'\....:! ...,...... ,.... i I 'j ~.. .-=-~ ~ ;'. " I' ' , 'I .' ~ ! 1 t-.-~cii '1 " ' .1 ~--10'-1.~u'..-I,4 ,UL.- ~_~~-- lcY_~ f[~ .~~~.w , v~ : '1.---.,....----.. --.-- -,--- ..-..-------' ,.'.-.... "-", .,----- PI. PI. ': ."..-;au-.... W~ Q. c.. oW ~ t t 'E oW "ii en f c till en "ii ~ Ii III .5 c ~ Q) :0 ~ Q) Q) "t:l e Q) e :2 tii 0 c. ::E c. 0 en .-... U-":'I4. . ..' · In ~ event ORe approves diagonal parlcina instclid ofparalld parking. this dimension shall be shall be 18' _11._ Town Center District Code Page 20 . -"."- -..--.----.--.. . - -. . 10. Town Center Street . ~"; .."~!:;~;1 fown Center Streets form the primary, B. Btiilding Volume: ' ,,~, '_, j./ ", '.... -'-, ' '.,:,i1 network of streets within the Town BId ,Width: 16 ft. minimum ' \ Center. Parallel parking on both sides of g 160 ft . . th b. . maxnnum e str~t com med with wide sidewalks creates. a safe inviting place for both BId . De th: 125 ft. maximum pedestrians and motorists. 12' wide g p sidewalks with tree wells are preferred, Bid H 'ght 2 t. " b 6' 'd alks 'th ' g. eI . sones mmunum ut 51 ew WI 6 green strips are 4 t' . sones maxrmum also acceptable. 55 ft. maximum A. Building Placement: C. Notes: Buil4-~line location: 0 ft: from 1. Appurtenances may extend ~yond the height limit. (TypIC ) R.O.W.line 2, All permitted uses are allowed on all floors. 3, Tree spacing shall be optimized for the species used, in consultation Space Between with the City Arborist. ' Buildings: 35 ft. maximum 4, The alignment of floor-to-floor heights Qf abutting buildings is encouraged to allow for shared use of elevators. I - Build-to Line ./ .. I I I I 6' : 6' i 8'* 10' i 10' ': 8'* ! 6' 6' .--. ;.~_... ----_.~~-~.. !- ; , _.~_, ,_, 6C!:.f!,9.yt.___....'" _.______ Pl Pl: :j c::t. ~....r.. '1 u-w~~.. c.. ,~': :l ;' ~ C :; i C ~ ,~ ! co :.' 00 I! -;; ~ O. ! . 0 ~ i :!! 'ii,~ I ',I l 'ii ':2 u:J (5 c.. +-: c.. (5 u:J ! d.u=J=' ~ -'==~~ ~ ~, · In the event ORe approves diagonaIparlcing instead of parallel parkin.. this dimension shall be sball be IS' ._ _12.- Town Center District Code Page 21 ..-..... '~---.,.... " -:,~; :-:'. - ~.",:: 11. Edge Drive . . :,,~~'..' " ,:",~~;; The Edge Drive provides public access, B. Building Volume: ~', >f:' "',< along the natural boundaries of the town Bldg. Width: 16 ft. minimum ::ti:,:';~ " 'f..',,~, center, Occasionally running parallel to 160 ft. maximum ",,\.,:~~"'-::<-' 'J, , . the Cross Seminole Trail, this street has ,~',:\, }~::~'~"'Y ,<4;\ the fronts of its buildings positioned to Bldg. Depth: 125 ft. maximum '." '. .~:~,:::.'\~ " ~::',) , face the trail and scenic open spaces. .~, '.' <'/ . ;~. , , Bldg. Height 2 stories minimum .:'::-.../(;~:~;;:'/ J~y:; 4 stories maximum'\:':, :~~{,:' 55 ft . ~:='i"'" ;,::. :t-" A. Building Placement: . maxrmum :" ,'~"~/:, Build-to-line location: 10 It, from .tt!o- (Typical) R.O.W.line C. Notes: 1. Appurtenances may extend beyond the height limit. Sp~ce. Between , , 2. All permitted uses are allowed on all floors. , Buildmgs: 50 ft, maxrmum 3. Tree spacing shall be optimized for the species used, in consultation with the Oty Arborist. ' , 4. The alignment of floor-to-floor heights of abutting buildings is , encouraged to allow for shared use of elevators. V Build-to Line I I I I I I I I ~,- ~,~I ~ 10' _:_J.Q', : ,~*_ .A'_'. ,"~~, ,..U[,,_ '; :~=~: .~,..~ R.O.~Jmln:l. , "..__: PI. !~ ."~,-~r I - I Q.! Q. ~ 'S '\ t' .S ~ , CI} bD C'I) a; ._ 5 ..! I ~~ ~ ~ eel i,.,._ F" 0 I Q......, en I : -....::tw;&.":""'_-J. ,'. .. I ~ ~ · In the event ORe approves diagonal parIcina instead . of parallel paricing. this dimension shall be shall be 18' _12._ Town Center District Code Page 22 " "--,;,,,} '''-~' -- ,- "::'~;~~1:r's~'~ 12. Neighborhood Street ~ ,,' '. . ,:"'<~~;~; \. ';::"'''<-'.-..,,-'/ "'.,~~~ lbe Neighborhood Street is a quieter, , B. Building Volume: '~':(_'H, /~ '.'..,' nore intimate street. Build-to lines are, Bldg. Width: 16 ft. miniinum ' ~,........ . -;..........,' I .... '. ;etbackand a green strip is incorporated. 160 ft. maximum . ''''~''''':':'' .:...".:.":,;'~''': ":- ':, ......:..".. "". [f need,ed the setback area can be paved to , ' ", - ''"'' l') :, ~' .:-:" <.' ..~~ -'-:', ;~i' :>rovide a wider sidewalk for intense uses Bldg. Depth: 125 ft. maximum ...... 'I, I '. r- :hus eliminating the door yard, " ':'~~~~5'i~':>" Bldg. Height 2 stories minimum 4 stories maximum A. BuildiiigPlacement: 55 ft. maximum Build-ta-line location: 10 ft, from ' .~-- [Typical} R.O,W.line C. Notes: Space Between 1. Appurtenances may extend beyond the height limi~. 2. All permitted uses are allowed on all floors. Buildings: 50 ft. maximum 3. Trees shall be planted a maximum of 40 ft. on center. 3. Tree spacing shall be optimized for the species used, in consultation with the City Arborist. " '4.11lE; alignment of floor~ta-floor heights of abutting b~dings is encouraged to allow for shared use of elevators. t..--/ Build-to Lme I I I I I I I I --- , .' I " : I I I 10' 10' I' 8'. 6' 6' 10' l I 10' : 6' ~:_.;.~Jr.~ .. I , ~ -. ".-- ---- -t--- .. - , ' ~_-'--__,._ _, ,-Jf1 R.O.W, .__" "-._, .. ,_:_ Pl Pl .~ n ~--..;. , .. ! 0. 0. ;1 i ~ .S l oS .:.: "i fI) ClO co (/) "'ii ~ I i ~ c ~ u u e ~ "l:l " 0 'in Ui 0 ~I ~ :! =...." ~ .-o:.~,,:~ d · In Ihc event ORe approves diagonal parking instead of parallel perking, chis,dimcnsion ahall bcsball be IS' ..12.;IlJIIO Town Center District Code Page 23 . '.. ---~~ .. - ,..--' ,... ":"~t~~ 13 T 1 Str t " -1<<.'--1 . . rat ee. '. . .;~~ ..::.. ,,~:.., .-'.,' ,::' ""',:4~ The TraIl Street has an asymmetncal B. Building Volume: "', :', ,:~":.....' section and is an optional street that m,ay Bldg. Width: 16 ft. minimum , ;::' , .~ ;~"~'.''''.. ,"""~, ~,~ be approved by the DRC and the CIty 160 ft maximum ,..'~,';. ',,:- ..,...',.'...,,<.. \" .. .. . . ;;:'~>. ~....}:'..:.;.~ .... .~\:-... ConurusslOn, The area between curb and ,c,;\ ,'........' Co', ,..' \' .. , b~dings o~ o~e side of the street is extra Bldg. Depth: 125 ft. maximum \:, ',\:~,-:..\/~/ ,:., /1) WIde, provIdmg room for a generous ~' " ~lr,:" ',c ':,'~" pedestrian path lined with trees and Bldg. Height 2 stories minimum ,.:f._-:~::\:::~ .~~.,;, " " , plantin' gs 4 t' , ,,~...' ../ ',\ , , sones maxrmum _,:_._ ;<\,,:<; >.<- 55 ft, maximum -;:'-;:,- ,.;"':.2:",,('" A. Building Placement: '.. , ,~~:~~:' Build-to-line location: 0 to 10ft. from C. Notes: (Typical) R.O.W.line 1, Appurtenances may extend beyond the height limit. 2. All permitted uses are allowed on all floors. , Space Between ' 3. Tree spacing shall be optimized for the species used, in consultation Buildings: 50 ft, maximum with the City Arborist. , , 4. The alignment of floor-to-floor heights of abutting buildings is encouraged to allow for shared. use of elevators. 1.,..'" Build-to, Line I I I I ! , 0' .. 6'.: 10", 1 0' : "e'. "6' 6" .1Q',____ .~.._..___ ____.__ _ _..!, ,-,-' -,- '--- J_ ,. , 7fr'R.O.W,..'. ,. ...___ ___ _ . ,.._ _____......._ ... __ .__. . ._.__ .0:-- - . ~ ~ n . z . ~'U 'I c:.Z"'I:::=: c..' ii '.S .S . t ~.lIC . ~ rn:o ell e a; ~ c ,C O'~ ~ ~,~~. ~ g:~ -= 8- :':i>:~>" , · in die CVCDt ORe approves diagonal perking ins1ead of paral1d parking. this dimension ahall be shall be 18' _ u. mtll Town Center District Code Page 24 14. Neighborhood Lane '---'~~'-,':,- "-'- "'-:;~:::,,:Wi';~~ "/ I' "",.,' ~ '.. ',~,", . . '"'-'. . ," ":"(::~ , .. . ". . .... , , .. . . ..' ,'1 The Neighborhood Lane is a "give way" B. Building Volume: ~~ i,: ". '.. . ". ".~ , :"- .. ';;'..'t,...,, ::>>:: ,,' '.' street. This means it is designed with Bldg, Width: 16 ft. minimum , " .-, ..'/, traffic calming in mind. With parking on 160 ft. maximum "'~:';,{" ':5~~~:'j:; ":'1~':," both sides, cars must 'give way' to on- coming cars. This street section is used Bldg. Depth: 125 ft. maximum o,....:"'\vt.' ' 1 , primarily in" residential areas or ':.~JiS2tf:i~?- secondary streets. Bldg. Height: 2 stories minimum 4 stories maximum 55 ft, maximum ""L":"" A. Building Placement: . , ' BUildci$line location: 10 ft. from , C. Notes: (Typi ) R.O.W, line 1. Appurtenances may extend beyond the height limit. 2. All permitted uses are allowed on all floors. . Space Between 3. Tree spacing shall be optimized for the species used, in consultation Buildings: 50 ft. maximum with the Oty Arborist. 4, Parallel parking permitted on both sides, of the street. ,5. The alignment of floor-to-floor heights of abutting buildings is encouraged to. allow for Shared use of elevators. V Build-to Line I I I I 1 I I I .."='-'~i :.., ---"-', ~ ! : 10' U': 6' . 26' " ! 6' ! 6' 11 a : +,.. '. .,. ~--- ---i-i' -.....,--..- , !' " 50' R.O.W. ! 'i'--'-" -.----;--.. - ------, -,. : Pl. Pl.' 0. c..: ~ 'S It t 'S : :s -;; en ClO en lIS ~ 6 ~ c ~ :2 e e -8 rIl 0 l:l.. (j,(ii '. - _1J,,211C1O Town Center District Code Page 2S VII. Building Elements A. Awnings & Marquees: B. Balconies: ,.:'. . ;-.,.: . ~:/~~r ....: ~., ....:::.~::.~f :':'; :....;;.:1 . ~ .~. ;.:.:.':.: iJ~ ~-_. ~{~~;: :~.::;~t .;....; , . .. . . ~ '.: Depth = ,5 ft minimum. Depth = 6 ft minimum for 2nd floor balconies Height = 10 ft minimum clear. Height= 10ft minimum clear. " . Length = 25% to 100% of Building Front. Length = 25% to 100% ofBuilding Front. The above ,requirements apply ,to first-floor" Balconies shall occur forward of the Build-to Line awnings. There are no minimum requirements and may encroach within the right-of-way but for awnings above the first floor. shall not extend past the ~urb line. ' Marquees and Awnings shall occur forward of the Balconies ~ay h~v.e roofs,..but are required to be Build-to Line and may encroach within the right- " open, un-arrcondltioned parts <?fthe buildings. , of-way, but shall not ext~d p~tthe curb line. on comers, balconies may wrap around the side Awnings shall be made of fabric. High-gloss or ' of the building facing the side street. : , l.. plasticized fabrics are prohibited. . " - --.- '.. .................. . ..,.. ..,. ", Ill, "., '"'l [ r po' . ~ >.. ~ ..,.." J .~. ~ -,. - '. ., Ii" l .~ .:r-- - .: .... .: ,'IT ,'~- .'" . . ",......... '~[C . .' ....1. -, j ~{~~;'; ',. i' j , , :.':'~'~ , , ~.,~ ',.. ,~_! .-,~- .~ rt~ -. .,. . rr--~'" "; Town Center District Code _u.JIIIIO Page 26 C. Colonnades I Arcades: D. Front Porches: .'< ""', ',.~' ..ot;.., . <:.: ::...::::~ :~ ':'.:.~;l . ',/( " ..... ::~:...::~: ': ',. ,:' .:~.. .:.';~ ;: ~..:!.:.. ':~:;i' ..:~::. . ~~.~~::~:~ ,,;i.~;;;.t i;h ,. I, ;,: ... ";:. :\~~..' '" ~ Depth = lOft minimum from the build-to line Depth = 8 ft minimum. to the inside column face. Length = 25% to 90% of Building Front. Height = lOft minimum clear. Length = 75-100% ofBui1ding Front. Open Illulti-story verandas, awnings, balconies, Front Porches may have multi-story ver8ndas and enclosed useable space shall ~e permitted ' and/or balconies above. above the colonnade. ' . Front Porches shall occur forward of the BuIld-to Colonnades shall only be constructed where the Line. Porches shall not extend into the right-of- minimum depth, can be obtained. COlonnades way. shall occur ~ox:vard of~e Build-to Line and may Front' Porches are required to' 'be. open, un- encroach Within. the. nght-of-way, but shall not airconditioned parts Qfthe buildings. More than extend past the curb l~e. 25% of the floor area of a porch shall not be On corners, colonnades may wrap around the side scr~ned ~f the porch extends forward of the of the building facing the side street Bwld-to Lme. ~' ~~.:~~ , , . , _. . 1 - ' ,\ - . ..... .... .. . ... . . -. .... ~-~ fi ' . '. I" ' , , , t.,;:ltliittl,l'mn:tltl1i'.ltIlfUtltel I e) "' : -" - . . jl _12.- Town Center District Code Page 27 E. Stoops: ::. .:. .:(.:~~: .......,' . :;- .\~'- L::';"':o.. t.{;:..~ Depth = 6 ft. minimum Length = ,5 ft. minimum Stoops'are permitted and may occur forward of ,the Build-to Line. Stoops may' encroach, wi thin the right-of-way with approval. Sidewalks shall have clear access for pedestrians. Stoops may be covered or uncovered. ---- - _l2.lIIOII Town Center District Code Page 28 VIII. Architectural Guidelines The lists of pemritted materials and A. Building Walls configurations come from study 'of traditional buildings found in Central Florida and have J. Genera/Requirements, been selected for their appropriateness to the visual environment and climate. Required for all buildings except single family houses: A primary goal of the Architectural Guidelines An expression line shall delineate the division is authenticity. The Guidelines : encourage ' between the first story and the second story. A construction which is straightforward and cornice shall delineate the tops of the facades. functional, and which draws its ornament and Expression lines and cornices shall either be variety from the traditional assembly of genuine moldings extending a minimum of2 inches, or materials. jogs in tl?~ surface plane of the building wall greater than 2 inches. General Requirements: 0 Cornice The following shall be located in rear yards or sideyards not' faCing side streets: ' , ,! it! :!t · Window and Wall Air Conditioners; ~ '..." .. .'. ',~. · Electrical Utility Meters~ ' Expression line · Air Conditioning Compressors; and projects enough to · Irrigation and pool pumps. create a shadow line The following shall be located in the ,rear yard~ only: Desirable · Antennas; · Pennanent Barbecues. The following are prolnbited: Tacked on MBnsard roof · Undersized shutters (the shutter or shutters must be sized so as to equal the width that would be required to cover the window opening.); ,. Plastic or inoperable shutters; 'Expression line covered · Clotheslines'; by awning · Clothes DryUlg Yards; · Satellite dish antennas greater than IS" in diameter; Undesirable, * Reflective and/or bronze-tint glass;' · Plastic or PVC roof tiles; , 2. Permitted Finish ,Materials · Backlit awnings; " * Glossy-finish awnings; and - · Concrete masonry units with stucco (C.B.S.) · Fences made of chain link, barbed wire, or plain witemesh. · Reinforced concrete with stucco · "Hardie-Plank", siding , · Wood (termite resistant): pamted white, left natma1 ,( cypress and cedar preferred), or painted! stained with colors approved by the Development Review Committee. · Brick _11.JIllIO Town Center District Code Page 29 B. Garden Walls, Fences & Hedges: C. Columns, Arches, Piers, Railings. & Balustrades: 1. General Requirements Fences, garden walls, or hedges are strongly 1. General Requirements encouraged and, if built, should be *Column and Pier spacing: constructed along all un-built rights-of-way Columns and Piers shall be spaced no which abut streets and alleys as shown in the diagram below. Fences, garden walls and farther apart than they are tall. hedges shall be minimum 25% opaque. 2. Permitted Finish Materials - . . - . . - .. - .. - .. ":"'. . - . . - ",. - . . I +- fJlcy-+ t *Columns: ' . . - . . - . ~/I'~~P$H~k~>'!:.1l\~'" " , ~' Wood (termite resistant), painted or . I . , . . . . I natural - . ". I :Foncce. ~ 'l) Cast Iron , ,Walle or, ' ~ ~ ~ l~~ IS) 'Concrete with smooth finish +, ~ MJd-l:>locI: : ~ * Arches: ; 6uilding ~: Concrete Masonry Units wjth Stucco , , . I I Comer : (C.B.S.) . ' , . . I . Reinforced Concrete with StucCo Property ~ : ; Une ~.....,._!"" -..-..-,. Brick Dilltance greater Froi1t of ~lIdlng .. ' Curt7 ~ than 6 ft *Piers: ... Front4Igc: 5tr=t .. Concrete Masonry Units with Stucco *Height : (C.B.S.) Front- Yard: maximum height of 48 inches. Reinfo~ Concrete with'Stucco pillars and posts may extend up to 6 inches Brick more, to a hei~t of 54 inches. " *Rai1ings & Balustrades: Side and Rear ards: maximmn height of 72 Wood (termite resistant), painted or inches. Pillars and posts may extend up to 6 natural inches more, to a height.of78 inches. Wrought Iron. 2. Permitted Finish Materials 3. Permitted Configurations *Wood (termite resistant): painted white, left *Columns: 'natural, or painted!' stained with colors Square, 6" minimum.,\vith or without, approved by' ,the.. Development, Review: _ capitals and bases Committee. Round, 6!' minimum outer diameter, *Concrete Masonry Units with Stucco with or Without capitals and bases (C.B.S.) Classic81 orders *Reinforced Concrete with Stucco * Arches: .Wrought Iron ' Semi-circular & Segmental * Brick -. - --.-.. .Piers: . - ---- 8" minimum dimension 3. Permitted Configurations · Porches: ' Railings 2-3/4" minimum ,diameter *Wood: Balustrades 4" minimum spacing, 6~ Picket Fences: minimum 30% opaque, wI- maximum spacing. comer posts Other: to match building walls *Stueco: with texture,and color to match, building walls - *Wrought Iron: Vertical, 5/8" minimum ...12._ dimension, 4" to 6n spacing Town Center District Code Page 30 D. Opacity & Facades: E: Roofs & Gutters Each floor of any building facade facing a park, 1. General Requirements square or street shall contain transparent windows covering from 15% to 70% of the wall area. *Permitted Roof Types: . ' Retail storefront areas only: gabled, hipped, shed, barrel vaulted & domed. In order to pi-ovide clear views ofmerchandise Shed roofs shall be concealed with parapets in stores and to provide natural surveillance of along the street frontage. Applied mansard exterior street spaces, the ground-floor along. roofs are not permitted. the building frontage shall have transparent *Exposed rafter ends (or tabs) at overhangs are storefront windows covering no less than 50% of the wall area. Storefronts facing Main strongly recommended. Street, parks and squares shall remain ., un shuttered at night and shall utilize *Downspouts are to match gutters in material transparent glazing material, and shall ' and finish. provide view of interior spaces lit from 2. Permitted Finish Materials within. Doors or entrances with public access shall be provided at intervals no greater than .Metal: 50 feet, unless otherwise approved by the Development Review Committee. Galvanized Copper Aluminum Zinc-Alum r <==> n c> It1 <==> J- CORNICE " .Shingles: ,:l Asphalt or Metal, "dimensional" type Slate '. SE - Cedar shake Window HoocIsIUnWs " = - UPPERFACADE .Tile: - Clay, Terra cotta, Concrete Masomy Pier - :=J- EXPRESSION LINE * Gutters: UllI I I I - Transom COpper D .... Aluminum I/.i~'~;"~~'::; Galvanized Steel - STOREFRONT, Display Window 3. Permitted Co':'figurations "-- c==::::l BuIkhc8d , ' "'Metal: Standing Seam or "Five-vee," 24" maximUm ,spacing, panel ends exposed at overhang "'Shingles: Square, Rectangular, Fishsca1e, Shield:, .Tile: Barrel, Flat, French · Gutters: Rectangular section Square section - Half-round section Town Center District Code _12.-_ Page 31 F. Signs Examples of Signs Flat Against the Facade: J, General Requirements -.- ...... .All signs shall be subject to a, Discretlonmy -,- Aesthetic Appropriateness Review by the DRC in order that signs are consistent and in harmony , The sign is centered with the Wmter Springs Town Center. The within the symmetrical DRC shall use graphics in this section as non- arrangement of the binding guidelines, but ,shall make a window above and deterinination of appropriateness on a case by shopfront below case basis. Internally lit letters .Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the top of the facade. Free standing monument signs are permitted by special exception along State Road 434 frontage. .Signs shall be externally lit. Individual letters and symbols may be internally lit or back-lit 2. Finish Materials .VVood:pamtedornatwnU .Metal: copper, brass, galvanized steel .Painted Canvas .Neon .Paint/engraved directly on facade surface Lamps for external lighting 3. Configurations The sign is centered above , .Maximum gross area of signs on a given facade the main entrance at the shall not exceed 10% of the applicant's facade top of the facade area. .Maximum area of any single sign mounted " Lamps for extem8I,~ perpendicular to a given f~cade sball not exceed lighting 10 square feet. The top edge of the facade .Signs shall maintain a minimum clear height is sculpted to create a ." Desirable special' focal spot for the sign . Signs are coordinated in size and placement '~;~~~~~ with the building and " storefront 'U.Jb . .~ Elegant and...=eeI cast , bronze address plate located at pedestrian eye level -- ----- .- Sign painted directly on ...11 the facade above the m.ain entrance Undesirable Extemallighting . Building sign conceals the cornice discreetly located above . Over-varied sign the, awning shapes create visual confusion . Awning sign covm the masonry piers . Sale' sign too large for storefront and 'poorly placed in display window _11._ Town Center District Code Page 32 Examples of Signs Mounted Projecting from Examples of Signs Mounted Above the Top.of the Facade: the Facade: ' Discreetly located external lighting Sign painted on the face of a canvas awning over entry Neon signs can provide a-+ This distinctive sign, made warm glow, enhancing of individual letters nig~t, time pedestrian projecting from the front actlVlty of the facade and extending above the cornice line, is memorable to shoppers and is highly' , ! " , 11;' visible from many , ; ,1' " directions " ': I' Signs on the Sides of ", \ " ~=f:i:~~~~S::e ~:r~o~el~:~~~othe ~.,:,~~~:;!~~, ,~, :;,'~111 customers store . ,._,..,.."-'~.,5- '---...._'=~-~"l<M~~--~-~ ~ ~, - ',' .- I .. i~ .';.:~~H;j~i,;\~.~.':..'~~~:~i~YJl" ~~:1:~.~'~:~~~~Jj .:. . '," ....y!-i:.,";,:>',";""i.";(. dI .~'i,~~...,,,..j}...' Pro.ecttng Slgns which :' ,.':',:',:,f'",',Y':':,,',> ::"'~ A.:R ;:'O~';'~~'iiW 'J . ' , ',', ""..",'..,,"., .....'j ~", , "," ':S'; break the skyline are :!~'E\ ;;;<Wi : ~'~.~ " ::,:,.m:; =.~ of , ", ' 'C ". beacons to customers t., when lit at night ~::'j~':"~.::~~~Q~i~r> sky, adding an,: '\.''-, , . . architectural flair to a . ". ' ~:.,' shop's identity ,',,' .,:,''''":..- .- Pole mounted signs are designed to fit in deep Signs hanging from the ~ suburban setbacks and arc ceilings of arcades , f,; ~ :~. ~ not appropriate for comm~d the attenbon of ~': pedestrian-oriented pedesln" .hoppcn I'. envUonmes1lll ~ Monument signs fit within " ' the deep setbacks of Billboards cater entirely to '.' submban strip motorists travelfug at high development to direct speeds motorists to stores set tOo far back Town Center District Code , G. Windows, Skylights, &Doors: 1. General Requirements Rectangular window openings facing streets shall be orieIlted vertically. The following accessories are permitted: Shutters (standard or Bahama types) Wooden Window Boxes Muntins and Mul1ion~ Fabric Awnings (no backlighting; no glossy- finish fabrics) 2. Finish Materials " , *Windows, Skylights, & Storefronts: Wood Aluminum' Copper ' Steel' Vinyl Clad Wood *Doors: . Wood or Metal 3. Permitted Configurations *Windows: Rectangular Square Round' (18" maximum outer diameter) Semi-circular Octagonal ' *Window Operations: Casement Single- and Double-Hung Industrial Fixed Frame (36'square feet maximum) * Skylights: Flat to the pitch of the roof *Door Operations: Casement French Sliding (rear only) - _ILlllD Town Center District Code Page 34 PHASE I HICKORY GROVE PARK SITE INFORMATION TOTAL BUILDING SQUARE FOOTAGE 107,840 SF TOTAL PARKING 704 SITE INFORMATION PHASE II TOTAL BUILDING SQUARE FOOTAGE 211,180 SF TOTAL PARKING 851 - '- - '. -_.~ - - - ., - _. ....... - --. - - --._~ --,.,. ,-. _. - ..-..--.-..... --'--- '.. .-,... --'- - . -------.--, ".._-~.,.---'-,..,._---- - -, - -,- ~ ... ,-" .'-.---- "--. .. """'h____......, _ - ---.- f .. r I I I >"-d ~ JJ d flf c: > eppo{d IS~UIldS lalUJM JO An:) I , II a~ Do. .. ~j 0 ij ~ 1 E ~= I -' o "l:I C>i st cQ.. = a- U do 'i: .! I ~ N ; - .. ~ ~ si}u~.r~S .5~ ~ I~ ~;I C .:12 .r8+U~M. g,,:i.j =.,.= .. II .-.r =;: CIJ_ 0 -::t i.: .. a a ~ ! I ~ j- ~ ciic .a o a I i~ ~ ' 1lID.a i~"a 1 C ~. S _ j c ct... ~~ 1 c: ~~ - Cl Ii.;: · :z:.! -i ~ -. .- 3<< C'IJ . 7Ii r::2 --"4 a. e . Q., I _ : .j ~ = i ., f [ 00 ' {j . c d :.. ~ ..,u 'a.J ~ ~i .. . l I I L I l Q IS J ... ! ,. I I \ ~ (( JO Z as-ed) en u-eld allS T-enlda~uoJ 0 1111.. llqlqxa i CO 'g ..... f""4 " in 0 I:!U!! I .....: CO CJ , I f""4 , QJ N en ~ I I I I I , I I I , i QJ I I I I , .c: I I I I ..........-- - en - .,., I ' I I I ( - ... Q) = e en Q) .,., Q) . : ~ CO en ~U I f .c. CO = 10 f - :JQ. . a.. 0 , 0 en - ~ . [boo J t c: ~ O...-t I ...-t ( 0 CO .. ~ QJ Q) . += ::J >.cl . -- i CO 0- s:: .,.f en . -- 1 en -r-f E en ~ en '- c ""1 :J>t t 0 :0 ctS ~,.,. CJ 0 , ~ '5 ~ I =~ c: CO .. .,.f en I - ,....f , I ctS otc . ..-'1 I I Q) CO +J .,..., 8. · I I I I i :t: - - .-- . en , I I I ' 0 0 I - ,.... -- c:- !, I J CI) ~ E-i ! - ,.... . ~ ~ . I I - ,.... c ~ , 2, I I I :1 I , ~~ u., I I ~' , el I I .a I I , I . ~ I I I ~ , I G) ~I I , :t::: . :J ci". EI I , CD ~~ ~ <( I I I 0 I I I 1 .- (:))6)~ O~~.. f -0 I I J ! ~~ Ot' I I I I '5 I I I 0- 'Zt SITE INFORMATION PHASE III TOTAL BUILDING SQUARE FOOTAGE 249,350 SF TOTAL PARKING 743