HomeMy WebLinkAbout2007 10 22 Public Hearing 502 Development Agreement for 103-Unit Town-House Development in Winter Springs Town Center
COMMISSION AGENDA
ITEM 502
Consent
Information
Public Hearine X
Re2ular
October 22. 2007
Meeting
MGR. ~ept. r;Jt
. j/
REQUEST:
The Community Development Department requests the Commission consider the development
agreement for a 103-unit town-house development on 7.87 acres in the Winter Springs Town Center,
located on the south side of Orange Avenue, immediately adjacent to Tuskawilla Trace (east), the trail
(south), and Jesup's Landing (west).
PURPOSE:
The purpose of this Agenda Item is for the Commission to consider and approve the development
agreement for a 103 unit town house development on 7.87 acres within the Winter Springs Town Center.
ZONING AND LAND USE DESIGNATION:
Zoning: Town Center
Future Land Use Designation: Town Center
Status: Final Engineering approved June 12, 2006; Aesthetic Review and Development
Agreement pending October 22, 2007
APPLICABLE REGULATIONS:
Chapter 166, Florida Statutes
Comprehensive Plan
Chapter 5, City Code
Chapter 9, City Code.
Chapter 16, City Code
Town Center District Code (sections 20-320 thru 20-327).
CONSIDERATIONS:
Overview
The approximately 8 acre site is located within the Winter Springs Town Center on the south side of
Orange Avenue, north of a portion of the Cross Seminole Trail and the unimproved Hicks A vtnue right-
of-way (ROW), and immediately adjacent to and between Jesup's Landing and Tuskawilla Trace. On
June 12, 2006, the Commission approved final engineering/subdivision plans for 103 rear loaded (garage
entrances in the rear, with access from an alley) town house units, a plaza with a club house and pool, a
October 22, 2007
Regular Item 502
Page 2 of6
boulevard roadway with storm-water features in the median (3 segment pond in the median), and another
storm-water pond (at the northwest comer). The site has a significant slope from south to north toward
Orange Avenue and Lake Jesup (32 feet elevation near the SW comer to 18 feet near the NE corner-
elevations are 1929 NGVD). The deep muck deposits were found under part of the site and part of the
adjacent Jesup's Landing site. The muck area under this site has been surcharged with fill material to
stabilize the area for construction. The existing wetlands (total area of 0.58 acre, located primarily at the
southeast comer of the site) must be mitigated through the St. Johns River Water Management District,
prior to any site work or encroachment. There are no known or suspected listed species on-site.
The subdivision is planned with town home units of various sizes in different settings, mixed throughout
the subdivision to add variety. Some of the units have internal- to-the-unit garages and others have
detached garages (with small semi-private private back yards between the unit and the garage). All
garages are rear loaded from alleys and all are designed to accommodate 2 cars. There are 38 at-grade
live-work units, 40 units with detached garages (some of which may have accessory dwelling units
above the garage) will have the actual finish floor elevation 5"-8" above the adjacent sidewalk (although
the front steps will be approximately 24" above the sidewalk - step up to the threshold and step down
into the unit), and 15 of the units with attached garages will have a finish floor 0- 10.5" above the
sidewalk grade and the option of at grade first floor lock-out units (with the main living space located 10
feet above sidewalk grade). Sixteen units with attached garages will have optional at-grade first floor
"lock-out" residential units at the first level; the primary living space will be at least 10 feet above the
adjacent sidewalk grade. The 10 units facing Orange Avenue (attached garages) are proposed at 10"-21"
above the Orange Avenue sidewalk. These elevations are different than was approved with the final
engineering plans. The fenced front yard courtyards, proposed for some of the units, are 4"-6" above the
adjacent sidewalk.
The effective application of life-safety codes requires adequate unobstructed alley access to the units
where the divided boulevard does not provide 20' of unobstructed vehicular access. The units along the
west side of the property share the same alley, which extends north and south, provided along the eastern
boundary of Jesup's Landing. The subdivision shares two east-west Edge Drive roadway connections
with Jesup's Landing as well as the shared alley that connects the two east-west Edge Drives.
The subdivision is proposed with 2 garage parking spaces for each primary unit (206 garage spaces), and
84 on-street parking spaces, and one handicap-accessible space near the clubhouse, totaling 291 parking
spaces (2.8 parking spaces per primary unit). Staff believes adequate parking is proposed. No parking is
to be allowed in the alleys.
The Town Center Code addressed this property in its Squares, Parks, and Streets Map. The final
engineering/subdivision plan differs from this map in that it does not provide the Orange Avenue Park
along Orange Avenue and provides 1 boulevard, extending generally north and south within the west
side of the property, and a neighborhood street within the east side of the site, instead of the
neighborhood lanes depicted in the Town Center master plan. The original Town Center plan
considered master planned stormwater management for the entire Town Center - which has not proven
practical. Therefore, on-site stormwater had to be planned into the subdivision - for both the on-site
drainage and for a portion of the adjacent Orange Avenue. A portion of the storm-water is
accommodated as water features in the boulevard medians. These ponds are designed in separate
segments to accommodate the topographic relief of the site.
2
October 22, 2007
Regular Item 502
Page 3 of6
The site has central water and sewer available, with adequate capacity. Central water will connect to the
subdivision within the Orange Avenue ROW, near the northwest comer of the site. A recently installed
(not yet certified and/or accepted by either the FDEP or the City) sanitary lift station will be shared by
this subdivision as well as the adjacent Jesup's Landing subdivision. Certification, acceptance, and
operations of the lift station need to be addressed between the applicant and Levitt, the owners of Jesups
Landing, before any units become operational.
The roadway and alley (alleys are referred to as "passes") names are tentative and must be approved by
the County's 911 committee. Mill Pond Lane and Gee Hammock Lane are extensions of platted
roadways within the adjacent Jesup's Landing subdivision.
Adiacent Properties
The site is located between the south side of Orange Avenue and the north side of a portion of the Cross
Seminole Trail and the unimproved Hicks Avenue ROW, is immediately adjacent to the 17.15 acre
Jesup's Landing to the west, is immediately adjacent to Tuskawilla Trace (24 single family residential
lots and conservation areas on 11 acres) to the east. A 6' tall masonry wall has been coordinated with
the abutting residents and will be built between Artesian Park and the adjacent residential lots in
Tuskawilla Trace. The north side of Orange A venue contains single family residential development
along Lake Jesup.
The applicant owns a small (approximately one-fourth to one-third acre) non-contiguous triangle-shaped
parcel adjacent to the southwest comer of the site, where the unimproved Hicks Avenue ROW meets the
trail. There are presently no plans for this off-site property.
Inconsistencies with Code
Section 20-324 (5) of the Code requires residential first floor height to be at least 2 feet above the
sidewalk grade. The applicant proposes that all of the 38 live-work units have the first floor elevation
at the sidewalk grade (primary living space elevation to begin at 10 feet above grade), 15 of the
units (other than the live-work units) with attached garages will also have a first floor at 0 -10.5"
(average of7" in the DA) above grade and will have the option of having first floor lock-out units
(with the main living area 10 feet above sidewalk grade), 16 units with attached garages have at grade
first floor units with a "lock-out" option, another 40 units will have first floor elevations at between
5" and 8" (as much as 11" in the DA) above the sidewalk grade in front of the units. As stated
above, the applicant's proposed finish floors are lower than those approved in the final
engineering plans (approved June 12,2006).
The attached October 16, 2007 memo from Dover Kohl & Partners states that, except for the
live/work units, no more than approximately 15 percent of the total units (0.15 x 103 = 15) should
have a finish floor elevation less than the 24" above the adjacent sidewalk grade set forth in the
Town Center Code (Sec. 20-324). The memo stresses the importance of residential units being
elevated above the sidewalk for security reasons, whereby the resident feels comfortable watching
the adjacent street and sidewalk (e.g. Jane Jacobs "eyes on the street"). Residents watching the
adjacent street and sidewalk are a primary component of safe streets.
3
October 22, 2007
Regular Item 502
Page 4 of6
Section 20-325 (C) of the City Code contains the "Squares, Parks and Streets Map." The map
depicts an "Orange Avenue Park" along the south side of Orange Avenue, in front of the site. The
subdivision is proposed with the storm-water pond in a portion of that area. The applicant also
proposes an extended build-to line (deeper than the prescribed 10 foot build to line) in front of the
10 units fronting on Orange Avenue. This is inconsistent with the Orange Avenue diagram
provided by Dover Kohl and Partners. The "Squares, Parks and Streets Map" also depicts
Neighborhood Lanes extending generally north and south to an Edge Drive along the southern site
boundary. The Edge Drive at the southern portion of the site has a 12 foot "build to" line, instead
of the 10 feet prescribed. The Neighborhood Lanes have been replaced, in part, by one
Neighborhood Street and one Urban Boulevard. The boulevard has a water feature in the middle (for
utilitarian and aesthetic purposes). The east-west roadway located approximately 220 feet north of
the southern property line, and which extends between the plaza and the clubhouse, appears to be
a modified Neighborhood Street with parallel parking along a portion of one side.
Stoops are required by Section 20-326 to be at least 6' deep and 5' wide. The applicant proposes some
of the units to have stoops 4' deep and 3' wide.
Awnings are proposed to be a minimum of 5' deep and have a minimum 7' vertical clearance above the
adjacent sidewalk grade, in contrast to 10' of vertical clearance required by Section 20-326. Other Town
Center awnings are less than 10', although none are as low as 7'.
The applicant proposes faux balconies - referred to as "French Balconies," which are window
ornamentation and do not extend 6' from the wall, as required in Sec. 20-326.
Section 20-325 requires 6' wide planting areas between the sidewalks and parallel parking within the
road ROWs. The plan depicts 5' wide planting areas between sidewalks and parallel parking
spaces. Elsewhere, throughout the site, where no parallel parking is proposed, the planting spaces are 6'
wide.
The applicant proposes 4 banner signs to be allowed for up to 36 months, instead of 14 days
maximum, with no renewal for 90 days, as prescribed by Section 20-470 of the City Code. Staff
would not support any permanent or temporary off-site signage for this or any other project within the
City.
Model units, not to exceed a total of 16 townhouse units, are proposed for construction prior to
platting, in lieu of sections 9-2 and 9-14, subject to having a stabilized driving surface and
functional fire protection. The units would be granted a certificate of completion at the time they are
completed for use as model units and then converted to townhouse units before being issued a certificate
of occupancy (CO). No other building permit for a town house or the clubhouse may be issued and no
CO may be issued for the conversion of models to townhouses before the property is platted. While in
use as model units, the garage of at least one unit may be used as a sales office (converted back to a
garage before receiving a CO for a townhouse). Staff believes that we should be as flexible as
possible with platting and constructing these units, so we do not experience the same problems we
experienced with Jesups Reserve and Doran Building 17, where, due to the tight tolerances and
human error, after-the-fact adjustments had to be made. In the Jesups Reserve example, are-plat
had to be approved and recorded.
4
October 22, 2007
Regular Item 502
Page 5 of6
Individual garbage pickup will be provided for each townhouse and the clubhouse, in contrast to
the requirements of Section 9-280.
A 6' wide maintenance berm is proposed around the retention pond at the northwest corner of the
site in lieu of the 10' maintenance berm prescribed by Section 9-241 of the City Code.
A lighting plan must be provided, approved, and implemented on-site before any CO may be
issued, in contrast to the requirements of 9-73, which require a street light plan be submitted with
the final engineering/subdivision plans. Light poles and fixtures are to be consistent (e.g. height,
style, materials) with those approved in other projects within the Town Center. The power
company is behind on preparing subdivision and site lighting plans for a number of projects.
CHRONOLOGY:
March 14,2005
July 27, 2005
October 10, 2005
November 21, 2005
June 12, 2006
City Commission approved Concept Plan
Revised Plan submitted with one boulevard (previously 2)
City Commission approved modified Concept Plan
Final engineering/subdivision plans submitted
Final engineering/subdivision plans approved
FINDINGS:
1. The proposed development is located within the City of Winter Springs Town Center.
2. The attached development agreement and final engineering/subdivision plan are consistent with
the Comprehensive Plan, subject to (a) mitigation for the small existing on-site wetlands which
are proposed to be removed; (b) modification of the landscape plan to provide 50 percent xeric
and native plant materials and littoral zone plantings in the edge of the water features; (c)
provision of a lighting plan that ensures no off-site spillage beyond 0.5 foot-candles; and (d)
extending the sidewalk along the north side of Artesian Boulevard from beside Millpond Lane
out to the sidewalk in the Orange Avenue right-of-way.
3. Any deviations from the Code must be addressed through a development agreement, special
exception, or some other appropriate mechanism.
4. Roadway and alley names on the plans are tentative and subject to approval by staff and the
County's 911 committee, to avoid duplication and to properly identify their use (Le. an alley
must be named a "pass").
5. Dover Kohl & Partners (October 16,2007 memo) recommends that, (a) except for the live/work
units, no more than approximately 15 percent of the 103 units have a finish floor elevation of less
than 24" above the adjacent sidewalk grade and (b) minor architectural details be modified to
accepted standards.
6. The City Engineer's attached memo contains recommendations for inclusion in the development
agreement.
RECOMMENDATION:
Staff recommends the City Commission approve the attached final engineering/subdivision plan, subject
to the associated development agreement, which should incorporate findings 2, 4,5, and 6, above.
5
October 22, 2007
Regular Item 502
Page 6 of6
ATTACHMENTS:
A - Location Map
B - Orange Avenue Diagram
C - Dover Kohl memos
D - City Engineer's memo
E - Development Agreement (to be provided by City Attorney)
COMMISSION ACTION:
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PRINTED: REVISED:
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ATTACHMENT BAY. Ie)
10. Orange Drive Extension
'The Edge Drive provides public access B. Building Volume:
along the natural buundarieli of the town 81dg, Width: 16 ft. minimum
center. Occasionally running parallel to 160 ft. maximum
the eros... Seminole Trail, this street has
the frunts of ibi buildings positioned to Bldg. Depth: 125 ft. maximum
face the trail and licenic open IlpaCt!li.
/(FI ... \
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.A. Building Placement:
lluil4-tQ:-)line location: 10 it. from
(TypKalI R.O.W. line
Bldg. Height: 2 storics minimum
4 stories maximwn
55 (t. maximum
Space Between
Building!>:
50 ft. maximum
C. Notes:
1. Appurtenances may extend beyond the height limit.
2. All permitted uses are allowed On all floors.
3. Tree spacing shall be optimized for the species used, in wnsultatiun
with the City Arborlst.
4. The alignment of floor-to~floor heights of abutting buildings is
encouraged to allow for shared use of elevators.
Build.to Line
1/
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ToWTI Center District Code
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Page 2 J
ATTACHMENT C
DOVER, KOHL 1St PARTNERS
town planning
Memorandum
To:
John Baker
City of Winter Springs
Victor Dover
James Dougherty
October 16, 2007
Cc:
From:
Date:
Subject:
Artesian Park - finished floor heights and architectural details
1. Finished Floor Hei1!hts
The Winter Springs Town Center District Code states "Residential uses on the first
story shall have finished floor height raised a minimum of 2 feet above sidewalk
grade". This is to provide a sense of privacy for residential units placed close to the
street in a town center environment. It is also important for optimizing
neighborhood safety through natural surveillance of the street. A raised finished
floor puts the resident inside in a dominant position relative to a person on the
sidewalk. The resident inside then feels comfortable watching the street and those
on the street feel they are being looked after. If the interior first floor and sidewalk
are at approximately the same elevation, the resident inside feels they are being
watched as much as the person on the street and are much more likely to simply keep
their curtains closed.
Currently in Artesian Park, all of the units appear to have slab-on grade first stories,
most with little or no elevation above sidewalk grade. The stoops are raised, but the
living spaces are at-grade. This does not accomplish the elevation required in the
Code for first floors.
A couple of conditions which are exceptions to the raised finish floor rule exist
which can be appropriate in a town center context:
1. Units which are set up for live-work with a ground floor that is designed as
a shopfront generally function best if the first floor is at-grade with the
sidewalk. This configuration should feature clear glass on the shopfront to
optimize for the view of merchandise.
2. A small percentage ofthe total residential units (+-15%) could be at-grade
to help facilitate accessibility for those with physical challenges. (Other
solutions for accessibility such as elevated alleys or rear ramps could be
employed on the balance of the units).
Artesian Park - finished floor heights and architectural details
October 16,2007
Page 2 of6
Other than these exceptions, residential units within the Town Center should comply
with the requirement that first finished floors be raised a minimum of2 feet above
the sidewalk. This can be accomplished with a raised floor level, raised dooryards,
grading of the building site, or a combination of these techniques.
2. Architectural Detailiue:
Upon review of these most recent elevations, a few items stand out which, if refined,
would enhance the look of the architecture. Specifically, on the stoop roofs the faces
of the columns do not currently appear to align with the face of the entablature. This
would be better if corrected so that these align. Additionally, the design of the
entablatures would benefit from simplification. Typically, entablatures that are
based on classical components and proportions look best.
For more detail, please refer to the attached pages excerpted from Traditional
Constructon Patterns - Design and Detail Rules of Thumb by Stephen A. Mouzon.
Artesian Park - [mished floor heights and architectural details
October 16, 2007
Page 3 of6
50
COlUMN TO
ENTABLATUHE
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ccruw CHlO11l01 W.1Y, of COf)-
'tnleting tlw dl1$sipl order,.
fwd that there shoukl he littk
variation in thtn' design. Later
.lrchan1logy uncovcred tre..,
lli1..'ndous in. th\...' aUt:lCnt
cb"ic,d orden. dr~ctivdy db".
this nC>tion. The rda...
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efltilbbtun.:. howt'ver. wa, all
"xec'ptlOn. It is IWilIly impos"
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,lrdutcetllre that violat{. thi,
ruk SUllpk st.m~d. the top
of tll(' columll sh;llt should
'llJgll ilmh \vith the ritee of the
beam or ,.[ehilL1\T above,
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lionship that ernpow('t'td it to
ddy ,dl varLm<m in mlllwt-
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,'olunms :ll'cin re;llity
flr stronger dUI1 they need to
he in order to hold tip what
,ltT tvpielnV light porch loads.
If dw he.lI)) is wider than the
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he.1\'Y JS 11 it IS c.lrrying al1
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Artesian Park - fmished floor heights and architectural details
October 16, 2007
Page 4 of6
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Artesian Park - finished floor heights and architectural details
October 16,2007
Page 5 of6
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of d1l' cornice,
The iiie/e oliginal1y \\,,1,
the baud whcrc ceiling be'.lm,
framed into the clllabl:ttulc,
bCllm, the ends of
wbch \\erc~ tnglyph" some,'
tl", out-
qdc ,\iff",\: of the tl'iczc 10
dh' ceiling b(~~HllS
pt'netfJtf' {hl.,;~ sur-
resultitlg in
band that
treated in ;i ntllnbt'!
nt' decuratlve !1U!1nC1'S, rhe
Tu",'<1n frieze i" :J ibt. un-
b.md, fhe Greck
Dorle frWl~ l' ebbor,ltcd with
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Artesian Park - finished floor heights and architectural details
October 16, 2007
Page 6 of6
if',' S;f{lpf,- r,,'rj,
T R A D l'lnf~,<A L
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Of t'qU3! to rllt' hei~ht or tilt:
tile?>:, (1cpentf1ng on t/H' nr..lvT
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nHht nl;.E:\1VC of ,10 or,_k~'\.
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rwee,sity requitcs, Arehm',l\TS
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plam, or dC!1lt'u-
wherN;; architrave's of the
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of thrcc horizo"tJ I
b.Hh'1> 1 n any fl<''''CVC1,
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EACH (JHPI.JC
MAR-13-2006 08:54A FROM:MFG
03/13/2006 08:41 4073274755
~_. w_.~~u~ ~,.~~ ~~Dbbbij~ba
TO: 94078394008
356-2 8 WINTER SPRINGS BLDG
OOVER KOHL
P.2
PAGE 01/02
PAGE: 01
DovER, KoHL. & PARINERS
~I''''n plllnt'lt"S
Memorandum
To; JOM Baker
City ofWmtQt Springs
CQ: Victor Dover
From.: lames Dough~
Date: OS Auguat, 200S
Subject: Cormnet1t$ Tegardmg Lincoln P.ark project .July 7, 200j plan
.....-
-'"-
Comments:
RegsnUng the latest tluuter plan:
The 1&tc8t master plan is looking quite good. the public spaees look verycompel!lng In this
draft. th() long wet fttTmtionpond ~Ul8 the view to th& poollUld c1ubh~e could he a .
vel)' .striking epeee. The plan f~ a good variety of spaces. contmStinSthe Sfa'nd l'orid
.space wfth intimate streets.ofrowhou&:s_
A plan depicting I_udsC&pU1i will be use.tUl. The land3capi.n, should be configured to
refrdbtee the chua.eter ofthesp&deil. For awnple, the pd pondspaee WOUld benefit:fro1O
~ ~w ~f R8U!N~ planted ~J on eithtf:~idc to ~~:~e 1m f~.f~~~ . " ;" -,' '~',~ I ;
',' .'.. :. . .w '\ ~ : .. ,,~" ,.... . . . ....~ .. ," ....... . . ... .'
A ~u crftiqu;.1.ltI}A9rihI~Duth ~ ~tto ~;"P{QPerty JiM lltthG l~fIt~ cot'J1Cf of
'e site 'PPeat1.~ ~ari..uey as iti!l~yet'noftJf.. ~.lvoicfi:o~~.~~tJil.n atre,m
(~t$ or sldd)~" ail' "i ~;'L.~) it . ;:mf~ uHtbttO o'ftltet~Ct1~ ~the allot
tirbtJy. Thili '$it be ~~tb ~~.0t1t~:Jl7itiD. whfi.. tei1tliUhe -view d~C.1u
~,,'i:"'!'-.4. 11."'" ". .~1........ "; ~. '. '. P .8 ';"'~~'.'~..n,~, . "";1
fOIO:Wn;wC aU.~ ".~' !, . . .,' , . , . 1'., .' ,.
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~~dfo: 1I,~,~Jj.b1e sp.c~'~..th ~~ ~.ia~P.h~ fJoo~: , ~. ' ;
, '; . ',:\ ~~. . to, ':~, .......'.;,.. ", . .j
.~IQg hab~~e sP~e/~ea1h a~f~d ~~ t19~ is s~ ~ nU@~ historio '
~,letl Th!a. i! ~~ in:mafty classlQ'New Yodc.ahd:Cbicaitl'~~~~ l..'nown!toues at
~U ~ uun,:# ~ern e~tes. l}'e S~ ~~.~bed ex~p1e$~.Y.~;' ":" f ~
.. .:. . ."..,..,. ~ pO ,'" '_ .._ ...r. "I', .. ~, ;
~Bhabital!l.'~~th I ~eWJimjbedfloor loo~'~~t~.~,
d~tajlhig to a~. d:. ~rab-ott..~ -.' e look,;- tot tbisre&.ob, the TOwn C~bl~~1 Code dOes
~9..f;Pqnoit th{S.'~l!ittonby-ftght." WeU:V~j~ vmlDDS:eDUJ(' ~~~' i1t'Wi~;n Ta"fin .
~~ta'l d~41:U1h~~ Jrian Chara.. The'~' . tor the tbitt MIUi .t6'I~ . ... to ~l '
~~ tntty i.t'~...#hedf5ni~ed flootJ~'~ ~"t.'eatry !~Utd ~i~~..."7 ou.tm ~ '.'
~~ fOOlmst,~ ~,.c~p. emry ir:;!i ~,habt~~~ spaGC ~Jced ~~J~:w ~,~st tiufsh"d
;.,~~r. ::',: . ' I . :"'.', .' . :. , . '_. :.,:::, , ,'V.~'f'>. i:
. . .' ~, /J1{ ~ .~~-:~l (JQ/)~ f.~ !.!J~!. '. ~~(~ tfOJ)(f6~fl~ F":~~~i~~U60 "
Pl_. lal".claCtllt''''~~. ~~~. I"PartncnlJlla.rJIW'P*,otl"'J1ritlylll4. *1leIf~~~~(Qoorlllf~indl Tbeteiti:ftlJ..
1~IIC-ot.llO\IillCWhkh.....~ot~tXGbt ~liillilil~Wbe~'lfII(~~' '~~~ IcPMftm .411 noc"I.IjC~
Ova' &Ild sh.U IRlt~ "1~lo tbt~1I mIDI, ~ IlIlIly ~lctuf 1l.lc:iP' 4i1iC1c.it\anm,., dI. 1al1l~~ orh Jli'cljo:ct, Ol"fbr CnanI!ll' ','
aJ'I\bmisa by limn COIUlIlINUs. ~opm. aanlhlllllnl, . .~ '
ATTACHMENT D
Engineering Review Comments
Project:
Submittal:
Staff Meeting Date:
Artesian Park
Developer's Agreement
N/A
Comments by:
Brian Fields, P.E.
City Engineer
1. Page 3, paragraph 4. In the first sentence, add "brick pavers in the public roads" to the list of
items the HOA will maintain.
2. Page 5, paragraph 8. Change the title to just "Lighting Plans." Change the second sentence to
read: "No certificate of occupancy for units shall be issued until the final lighting plan has been
approved by the City." Delete the rest of the paragraph.
3. Insert a new paragraph similar to the following:
13. DECORATIVE ~GULATORY SlONAGE AND LIGHTING. The mandatory
homeowner's association, to be established, shall be required to pay any cost differential between
maintaining standard street lights and signs and the decorative street lighting and design
requirements of the Town Center Plan. OWNER acknowledges that prior to tuming the
homeowner's association over to its members, OWNER will require the homeowner's
association to execute an agreement memorializing this requirement and that said agreement
shall be substantially in conformance with the standard decorative street light and signage form
agreement that was previously approved by tbe City Commission to be utilized on a citywide
basis.
4. Page 6, paragraph 13. Add a sentence to the end stating: "Damages to existing City roads
attributable to Artesian Park construction traffic shall be repaired by VBBC.
5. Page 6, paragraph 13. Correct the spelling of 'Tuskawilla Road."
6. Add a new paragraph titled "Undergrounding Orange Avenue Utilities." This paragraph should
state: "VBBC shall underground all existing utility lines running along the Orange Avenue property
frontage before any certificates of occupancy can be issued."
7. Add a new paragraph titled "Conveyance of Easements and Public Access." This paragraph
should state: "VBBC shall convey to the City any easements to the City prior to City's final
acceptance of any public improvements required to be conveyed to the City hereunder."
8. Add a new paragraph titled "Streets and Roads." This paragraph should state: "VBBC shall
convey to the City all streets and roads, excluding alleys and passes, located on the Property as
depicted on the final engineering plans, along with all related improvements. The conveyance,
which shall be required to be acceptable to the City's attorney, shall be by a recorded Plat and
free and clear of all liens, taxes, and encumbrances, or lenders shall be required to execute a
joinder on the Plat agreeing to all the provisions contained on the Plat. The homeowners
association shall be responsible for the perpetual maintenance of all decorative brick pavers in
the public streets. Decorative brick pavers that do not meet City standards for good and safe
condition shall be repaired by the homeowners association. The obligations referenced in this
paragraph shall also be referenced in the Declaration of Covenants and Restrictions to be
recorded for the Property, and it shall be specifically stated that the maintenance of brick paver
streets is above and beyond normal roadway maintenance."
9. Add a new paragraph titled "Buffer Wall," stating: "VBBC shall construct a buffer wall at the
southeast corner of the Property where the site borders three single-family residential lots to the
east. The buffer wall shall be a minimum of 6-feet in height, as measured from either side, along
the full length of the property line between Artesian Park and the adjacent single-family residential
lots. The wall shall meet all requirements of City Code section 20-417 and shall be constructed
and accepted by the City prior to any certificates of occupancy being issued."
DA 10-8-07
Page 2 of 2