HomeMy WebLinkAbout2004 09 27 Regular 503
COMMISSION AGENDA
ITEM 503
Consent
Information
Public Hearin
Re ular
x
September 27. 2004
Meeting
MGR.;L/ IDept.
REQUEST:
The Community Development Department requests the Commission consider a conceptual development
plan modification for a 430 unit town-house development on 40 acres in the Town Center, located on the
east side of Tuskawilla Road, south of S1. Johns Landing, and adjacent to the Cross-Seminole Trail.
PURPOSE:
The purpose of this Agenda Item is for the Commission to consider, provide comment on, and approve,
approve with conditions and/or modifications, or disapprove a conceptual development plan for a 430
unit town house development on what is presently a wooded 40 acre site immediately east of Tuskawilla
Road, south of S1. Johns Landing, bordering the Cross-Seminole Trail, on what has been described as the
"Schrimsher property," within the Town Center. The developer has submitted a concept plan
modification that appears to address many of the issues associated with that development, has proposed
its own modified street types, and seeks direction from the City Commission before proceeding.
Staff has requested clarification from the applicant's planners and has forwarded the proposed
modification to Dover Kohl and Partners and awaits their review and comments.
APPLICABLE REGULATIONS:
Chapter 9, City Code.
Town Center District Code.
Development Agreement
Comprehensive Plan
.
.......
September 27, 2004
Regular Item 503
Page 2 of2
CONSIDERATIONS:
On the morning of Monday September 20, the applicant met with staff to briefly discuss the attached
concept plan modification, stressing urgency for approval. Staff has received, the attached list of the
proposed changes late Tuesday, September 21,2004, afternoon. Staff has also provided the attached
concept plan and letter to Dover Kohl and Partners for review and comment - those comments will be
provided upon receipt. The applicant has stated that (1) space for a bus stop will be provided on the
south side of the "Spine Road," (2) a 3-way stop is proposed where "Spine Road" intersects the road that
extends along the linear parks/open space to the pool and recreation facility (other traffic calming
devices are proposed to be part of the final engineering plans), (3) that more road frontage is proposed
along 2 sinuous water features (2 pocket parks around the smaller water feature), (4) more intersections
(shorter blocks) are proposed, (5) the pool and recreation facilities are proposed between the northern
street and the trail, (6) the road network along the north of the project has been significantly altered to
provide shorter street segments, (7) the units adjacent to St. Johns Landing now face the trail and that
existing development, and (8) street trees will be planted along the roadways at 50 feet on center. The
applicant has also requested direction as to whether or not the City would like their team to design and
build (at the City's expense) a segment of the "Spine Road" between their development and the 35 foot
wide unpaved trail to the east. The staffDRC briefly reviewed the concept plan modification (it did not
have a copy of the attached letter from Jodi Rutmann at Glatting Jackson) at its September 21 AM
meeting and noted no major problems. The applicant states that a draft development agreement has been
provided to the City Attorney (the existing Schrimsher development agreement is provided as an
attachment).
RECOMMENDATION: Staff recommends the City Commission review the proposed concept plan
modification, letter from Glatting Jackson, and comments from Dover Kohl and Partners and provide
direction to the applicant and staff - mindful of the vague last minute information provided by the
applicant. Any approval should apply only to conceptual layout and no waiver of the Code should be
claimed unless a deviation from the Code is specifically stated in a fully executed binding development
agreement, amendment to the existing development agreement, or a special exception approved by the
City Commission.
ATTACHMENTS:
A - Schrimsher Development Agreement
B - Approved Conceptual Development Plan
C - Proposed Conceptual Development Plan
D - 9/21/04 Glatting Jackson Letter
COMMISSION ACTION:
2
r:r.- .~
.,l ., .
oJ :,).
~" ~ .
( .
(
'"
. 'L
ATTACHMENT A
AGREEMENT
An Agreement made and entered into thisX ~ day ofS ~ by and among
Schrimsher Land Fund 1986 - II, Ltd., Schrimsher Land Fund V, Ltd., and Schrimsher Land
Fund VI, Ltd., herein referred to as. "Schrimsher" and the City of Winter Springs, a municipal
corporation existing under the laws of the State of Florida herein referred to as "City".
RECITALS
1. WHEREAS, Section 163.3167, Florida Statutes proyides that each local government
is encouraged to articulate a vision of the future physical appearance and qualities of its
community as a component ofthe local comprehensive plan through a collaborative planning
process with meaningful public participation, and
2. WHEREAS, the City completed a comprehensive planning study, with extensive
public participation from local residents and local, county, and stateofficials, which resulted
in the adoption ofthe Winter Springs Town Center Plan, and
3 . WHEREAS, Schrimsher owns land located within the boundaries of the City of
Winter Springs Town Center, and
4 . WHEREAS, Schrimsher and City desire to memorialize their understandings and
agreement regarding their respective interests, expectations, and intentions contained in this
Agreement regarding the Town Center.
NOW THEREFORE in consideration of the terms and condition set forth in this
Agreement, and other good and valuable consideration, the receipt of which is' hereby
acknowledged by the parties, the City and Schrimsher agree to the following:
I. Incorporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference as a material p,art of this Agreement.
ORLDOCS 10014263.12 LKF
06/12/00
Page I of 22
i -.. ..11 l. ~,
II. Definitions.
. Unless the context clearly indicates otherwise, the foHowing words and phrases when
used in this Agreement shall have the meaning ascribed below:
a)' "City" shall mean the City of Winter Springs, a Florida municipal corporation.
b) "City Code" shall mean the City Code of the City of Winter Springs, Florida.
c) "East/West Crossroad Segment" shall mean that segment of a roadway
(formerly known as "Cross Seminole Trail Street") to be located upon the Schrimsher
Property in a location generally depicted in the boundary map attached hereto as Exhibit "A",
which .is hereby fully incorporated herein by this referef,lce.
d) "East Market Square Parcel" shall mean that portion of Schrimsher Property
more particularly described in the boundary map attached hereto as Exhibit "A" which is
hereby fully incorporated herein by this reference. The East Market Square Parcel shall be
approximately eight and 25/l00ths (8.25) acres in size.
(
e) "Lake Trail Park" shall mean that portIon of Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit" A" which is hereby
fully incorporated herein by this reference. Lake Trail Par~ shall (i) not be less than 0.85
acres in size (ii) have no less than three hundred (300) feet of road frontage on its western
boundary, (iii) be contiguous to either a City approved Schrimsher development or a
retention pond on its northern boundary and (iv) be contiguous to the unpaved portion ofthe
Cross Seminole Trail on its eastern boundary.
f) "Magnolia Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference. Magnolia Park shall consist of not less than
sixty-four/one hundredths (0.64) acres and not more than seventy-nine/one hundredths (0.79)
acres as depicted on Exhibit "A" unless another configuration is agreed upon by the parties
in writing; provided, however, to the extent that Magnolia Park is less than seventy-nine/one
hundredths (0.79) acres, Schrimsher agrees that such difference (i.e., not to exceed
fifteen/one hundredths (0.15) of an acre) shall be added to one or more ofthe following parks
as mutually agreed to by the parties: Lake Trail Park, Wetland Park or any of the Small
Neighborhood Squares (#2, 3, 4 or 5). .
g) "Main Street Improvements" shall mean that portion of Tuskawilla Road
described as Main Street on the Town Center DistrictCode and located from State Road 434
to Magnolia Park (including pavement, curbs and gutters, and stormwater facilities); as more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference.
ORLOOCS 10014263.12 LKF
06112/00
Page 2 of 22
,. ,t\.: J.
J'I, . I \'
h) "Rustic Residential Property" shall mean the real property owned by
Schrimsher which currently has a rustic residential future land use designation on the City's
Future Land Use Map.
i) "Schrimsher" shall mean Schrimsher Land Fund 1986 - II, LTD., Schrimsher
Land Fund V, LTD, and Schrimsher Land Fund VI, LTD, collectively and individually.
j) "Schrimsher Property" shall mean the real property owned by Schrimsher and
located in the Town Center District, as more particularly described in Exhibit "B" which is
hereby fully incorporated herein by this reference.
k) "Spine Road" shall mean the proposed collector road traversing Schrimsher
Property and running from State Road 434 to Tuskawilla Road (including pavement, curbs
and gutters, and stormwater facilities). Said road shall also run adjacent to W'etland Park as
a single-loaded road. Spine Road will run as close as practicable to the Wetland Park in
order to reduce the amount of isolated uplands between Spine Road and Wetland Park. .The
location of Spine Road is generally depicted in the sketch attached hereto as Exhibit "A"
which is hereby fully incorporated herein by this reference.
(
1) "Town Center Plan" shall mean the sketch concept plan entitled "Winter Springs
Town Center Master Plan", prepared by Dover, Kohl & Partners, dated March 23, 1998, a
copy of which is attached hereto as Exhibit "C" and hereby fully incorporated herein by this
reference.
m) "Town Center District" shall mean the town center area located in the City of
Winter Springs that is depicted in the attached Exhibit. "D" which is hereby fully
incorporated herein by this reference.
n) "Town Center District Code" shall mean the town center zoning district code
adopted by the City Commission of Winter Springs on June 12,2000, which is attached
hereto as Exhibit "E" and hereby fully incorporated herein by this reference.
0) "Wetland Park" shall mean that portion of the Schrimsher Property more
particularly described in the boundary map attached hereto as Exhibit "A" which is hereby
fully incorporated herein by this reference. Wetland Park shall consist of not less than
twenty-two and 33/1 OOths (22.33) acres as generally depicted on Exhibit "A" with the
understanding that the actual configuration of Wetland Park may be adjusted depending upon
the actual location of Spine Road and the actual location of the Cross Seminole Trail.
ORLDOCS 10014263.12 LKF
06/12/00
Page 3 of 22
ti .~ " ,L I'
I .. ,
III. Trail Reali~nment.
A portion of the Schrimsher Property is presently encumbered by the former CSX
railroad line now owned by the Board of Trustees of the Internal Improvement Fund of the
State of Florida and which is intended to be improved and converted to a public nature and
recreational trail ("Cross Seminole Trail"): To enhance the location of the Cross Seminole
Trail, for trail users and to incorporate the Cross Seminole Trail into the Town Center, as
well as accommodate a more orderly development of the Schrimsher Property, the City and
Schrimsher agree as follows:
\
(
a) For purposes of realigning the Cross Seminole Trail in accordance with the Town
.... .
Center Plan, Schrimsher (in exchange for receiving fee-simple ownership of a portion of the
current alignment of the Cross Seminole Trail consisting of approximately 4.2 acres) agrees
to donate property located within the boundaries of the Schrimsher Property, as generally
depicted on Exhibit "A" attached hereto, to the State of Florida in' accordance with rules and
procedures ofthe Florida Office of Green ways and Trails ("FOG&T"). Provided, however,
the City acknowledges that the unpaved portion ofthe Cross Seminole Trail traversing the
easterly and northerly portion of the Schrimsher Property shall be located adjacent to or as
close' as practicable to the contiguous wetlands' (lying easterly and northerly of the
Schrimsher Property) in order to minimize the amount of isolated uplands (i.e., non-
wetlands) located between the unpaved portion of the Cross Seminole Trail and such
wetlands (the "Isolated Uplands"). The City acknowledges that any such Isolated Uplands
may be included in the land exchange with the State of Florida to meet the "2 to 1" ratio
exchange requirement of the FOG&T if allowed by the FOG&T. The City also agrees not
to oppose any further minor modifications to the alignment of the Cross Seminole Trail
located within the Schrimsher Property provided such minor modifications are approved in
writing by the FOG&T and do not materially adversely affect the intent and concepts ofthe
Town Center District Code and the minor modifications are consistent with the terms and
conditions of this Agreement.
The City agrees to diligently pursue the appropriate approvals to vacate or otherwise
.utilize that part of the current alignment of Cross Seminole Trail lying south of Magnolia
Park and westerly of Wetland Park for the Trail Access Lane portion of Edge Drive andlor
parking purposes; and Schrimsher agrees to support and not oppose such effort on the part
of the City. If the City is unsuccessful in such effort then the City and Schrimsher agree to
revisit and review the location ofthe Trail Access Lane portion of Edge Drive and/or parking
with the intention of relocating or redesigning such improvements in a fashion that is
mutually acceptable to the City and Schrimsher.
(
\-
lfthe City elects to seek the appropriate approvals to vacate or otherwise utilize for
any purpose permitted under the Town Center District Code any part of that portion of the
current alignment of Cross Seminole Trail lying east of and contiguous to Magnolia Park
(between Magnolia Park and Wetland Park), Schrimsher agrees to support and not oppose
ORLDOCS 10014263.12 LKF
06112/00
Page 4 of 22
/' .
"", ,.
. ., ~ I
, I .. I,
such effort on the part of the City. Likewise, if Schrimsher elects to seek the appropriate
appr~)Vals to vacate or otherwise utilize for any purpo~e permitted under the Town Center
District Code, any part of the current alignment of Cross Seminole Trail lying north of
Magnolia Park and westerly of Wetland Park, the City agrees to support and not oppose such
effort on the part of Schrimsher.
Schrimsher and the City also agree that the east-west section ofthe paved portion of
the Cross' Seminole Trail may be located on the northern side of Edge Drive (as generally
depicted on Exhibit "A" attached hereto) so long as the Cross Seminole Trail does not reduce
the width of Edge Drive.
b) At the time Schrimsher donates such property located within the boundaries of
the Schrimsher Property, Schrimsher shall reserve (i) perpetual easements for roadways,
walkways and utility purposes (including, without limitation, sewer, water, drainage, natural
gas, cable, electricity and telephone) (the "Ro,adwayfUtility Easements"), crossing over and
under the Cross Seminole Trail at the locations generally depicted on Exhibit "A" where
roadways, walkways and/or utilities overlap or intersect with the Cross-Seminole Trail; and
(ii) a fifteen foot (15') temporary construction and a five foot (5') perpetual maintenance
easement for construction and maintenance of the Walldefined in Article XI below (the
"Wall Easements"). Schrimsher agrees to dedicate such RoadwayfUtility Easements to the
City in connection with the construction and msmfadoIl uf SUCh roadways and utIlItIes. The
Roadway Utility Easements dedicated to the City shall be in a form acceptable t6 the City~
\
( c) Upon execution hereof, the City shall, ~it~ expense, promptly commence and
diligently pursue. the completion of the desi n, engineering, , permitting, surveying and
construction ofthat ortion ofthe Cross e . . WhIC IS ocated on the property to
be donate c 'msher..T e'su eshall inc de sketches and Ie aldescri tions of e
locations for the RoadwayfUtility Easements and the Wall Easements. Upon completion of
construction of that portion of the Cross Seminole Trail located upon the Schrimsher
. Property, the City a~ees to maintain.such:portion.ofthe CrossSemin~ Trail and, to the
extent permitted by law, to indemhif)r and hold Schrimsher and Schrimsher Property
harmless against any loss, damage, liens or expenses, associated with or resulting from the
City's design, engineering, permitting, surveying, constru~ting and maintaining the Cross
Seminole Trail. The City will coordinate with Schrimsher to identify the location of the
RoadwayfUtilityEasements and the ,Wall Easements.
City agrees that Schrimsher's engineers (who shall be qualified and experienced in
roadway and/or"tnlil" engineering and permitting) and surveyors will be able to review and
provide input into the design, surveying and permitting process for that portion of the Cross
Seminole Trail located within the Schrimsher Property; and that any and all surveys and
related applications and/or submittals to all applicable governmental agencies that may affect
Schrimsher Property will be subject to the reasonable and timely review by Schrimsher's
{
".
ORlDOCS 10014263.12lKF
06/12/00
Page 5 of 22
., \
. ; : .
(
. (
f
i
\.
I I,'
engineers and surveyors. Schrimsher's engineers and surveyors shall complete said review
and provide any such input pursuant to the City's reasonable time schedule.
d) City and Schrimsher agree to cooperate with each other, Seminole County, the
Florida Department of Environmental Protection and all other necessary governmental
agencies and interest groups to effectuate the Cross Seminole Trail realignment on
Schrimsher Property.
IV. Conveyances from Schrimsher to the City.
a) Schrimsher agrees that'at such time as the City obtains all permits necessary to
construct, install, and extend (i.e., "stub-in") the sewer and water faCilities to the Schrimsher
Property as required in Article V b) below, Schrimsher will convey to the City fee simple
title to Magnolia Park a,nd Wetland Park.
b) Schrimsher also agrees to convey to the City the Small Neighborhood Squares
(#2,3,4, and 5), as generally depicted on Exhibit "A", unless said Squares are substituted
by special exception granted by the City Commission of Winter Springs. Special exceptions
will not be unreasonably withheld by the City, provided the substituted Small Neighborhood
Square is of equal or better value than what is proposed in the Town Center District Code
with respect to property value and design. Small Neighborhood Square #5 shall be a
minimum of point forty-four (.44) acres. Small Neighborhood Square #4 shall be a
minimum of point forty-two (.42) acres. Small Neighborhood Square #3 shall be a minimum
of point forty-four (.44) acres. Small Neighborhood Square #2 shall be a minimum of point
forty-five (.45) acres. These minimum acreages of the Small Neighborhood Squares #5, 4,
3 and 2 include all rights-of-way around the perimeter of each Small Neighborhood Square
as depicted on Exhibit "A". In addition, Schrimsher shall also have the right to relocate
Small Neighborhood Square #2 and 3a maximum distance of250 feet in any direction from
the location depicted on Exhibit "A"; Small Neighborhood Squares #4 and #5 may be
relocated a maximum"distance ~f250.00 feet to the east or west, and to the south as part of
any relocation or adjustment ofEast/W est Crossroad Segment pursuant to Artic1e XIV ofthis
Agreement. Any relocated Small Neighborhood Square shall be located on Schrimsher
Property" and shall not overlap another Small Neighborhood Square, Lake Trail Park,
Wetland Park, Spine Road, Edge Drive, East/W est Crossroad Segment, the Cross Seminole
Trail or any other then existing park or right-of-way. The distance shall be measured
beginning from the boundary of the subject Small Neighborhood Square that is closest to the
direction in which said Square is relocating. The conveyances of the Small Neighborhood
Squares shall occur at such time, and as part of, a City approved Schrimsher development
adjacent to the applicable Small Neighborhood Square.
c) Schrimsher also agrees to convey Lake Trail Park to the City at the time of the
later to occur of the construction of (i) either a City approved Schrimsher development or a
retention pond adjacent to the north of Lake Trail.Park or (ii) theroa"d adjacent to the
ORLDOCS 10014263.12 LKF
OW1VOO .
Page 6 of 22
,E
/,/.: ;' ~
l .'
t
{
i
(
','" If
western bQundary .of Lake Trail Park .or (iii) the unpaved PQrtiQn Qfthe Cross SeminQle Trail
on the eastern boundary .of Lake Trail Park.
d) Schrimsher agrees tQ cQnvey rights Qfway and easements and imprQvements tQ
rights Qfway and easements similar tQ thQse depicted in the TQwn Center District CQde and
IQcated .on Schrimsher PrQperty at such time, and as part .of a City apprQved Schrimsher
develQpment, in a manner in which similar cQnveyances are required in cQnnectiQn with
similar develQpments within the City,
e) Except fQr the cQnveyances frQm Schrimsher tQ the City sa described in this
Article IV (i.e. Wetland Park; Magnalia Park; Small Neighbarhaad Squares #2,3,4 and 5
and Lake Trail Park), Schrimsher shall have nQ further .obligatian ta CQnvey ta the City any
praperty fQr park, .open space .or green space purpases.
f) Schrimsher shall nat make any claims far extraardinary excess develapment CQsts
for single-IQaded roads traversing Schrimsher Property in accordance with this Agreement
and the TQwn Center District Cade.
v. City Obligations.
In cQnsideratian .of Schrimsher (i) canveying ta the City Magnalia Park and Wetland
Park, as described in Article IV(a), (ii) canveying ta the City the Small NeighborhQQd
Squares, Lake Trail Park, rights afway, easements, and impravements ta said rights Qfway
and easements as described in Article IV(b), (c) and (d), (iii) nat making any claim fQr
single-Iaaded road as described in Article IV(f), and (iv) agreeing ta the terms and cQnditiQns
CQntained in this Agreement, the City, at its expense, agrees ta da the fallQwing:
a) Within eighteen (18) mQnthsfrom the effective date Qfthis Agreement, extend and
CQnnect (i.e., "stub in") City water distributiQn and sewer cQllectian facilities tQ the
bQundaries .of Schrimsher PrQperty in sufficient capacity tQ reasanably accammQdateand
guarantee the level of service capacity required for the Town Center and Schrimsher
Property. Except as provided in Article V(c) and V(d) below relating tQ Spine Road and
Main Street Improvements, the City shall nQt be required ta extend either sewer .or water
facilities intQ the interiar PQrtiQn .of the Schrimsher Property unless agreed UPQn in future
written develQper agreements, The City alsa guarantees sufficient capacity within the sewer
and water treatment plants tQ reasQnably accammadate and guarantee the level .of service
required far the TQwn Center and Schrimsher Praperty. The City alsa agrees that nQ special
City water .or sewer cannectian charge .or assessment will be applied ta Schrimsher Property
fQr purpQses .of reimbursing the City fQr the expense .of extending and cQnnecting the City's
water distributiQn and sewer cQllectian facilities ta Schrimsher's Praperty as described
above; provided, hQwever, individual users within the Schrimsher PrQperty may be charged
the same nQrmal and regular "City-wide" cannectian fee that is custQmarily charged tQ all
ORLDOCS 10014263.12 LKF
06/12/00
Page 7 .of 22
I. ,.:~ ... ','
other individual users within the City for connecting into and utilizing the "City-wide" water
and sewer capacity.
b) Promptly commence and within six (6) months following the date of this
Agreement, submit an application to acquire a Master Stonnwater Management Penrtit from
the St. John's Water Management District for the Town Center and expedite to the fullest
extent possible completion ofthe master stormwater permitting within the Town Center and
Schrimsher Property. City agrees that Schrimsher's engineers (who shall be qualified and
experienced in stormwater engineering and permitting) will be able to provide input into the
design and permitting process for the Master Stormwater Management Permit and that any
and all related applications and/or submittals to all applicable governmental agencies that
may affect Schrimsher Property will be subject to reasonable and timely review and approval
by Schrimsher's engineers. Schrimsher's engineers shall complete said review pursuant to
the City's reasonable time schedule and shall not unreasonably witlillold said approval. In
no event will the Schrimsher Property be required to accommodate a disproportionate
area/acreage of retention ponds or amount (i.e., volume or rate) of the stormwater gener'!,ted
in Town Center unless otherwise agreed to by Schrimsher in writing.
I
(
c) Designate Spine Road a City collector road and process .an amendment to the
City's ComprehensivePlan, Traffic Circulation Element, to so designate. City also agrees,
at its expense, to begin designing, engineering, surveying and permitting Spine Road upon
the effective date of this Agreement; and the City agrees to commence good faith
construction Sine Road within two (2) years from said effective date and to diligently
pursue completion of such construction. c .. msher agrees that City shall have the right of
entry and ingress and egress to and from Schrimsher Property for purposes of designing,
engineering, permitting, surveying and constructing Spine Road, and, in such event, the City
agrees, to the extent permitted by law, to indemnify and holdSch.rimsher and the Schrimsher
Property harmless against any loss, damage, liens or expenses associated with or resulting
from the City designing, engineering, permitting, surveying and constructing of Spine Road.
However, if Schrimsher desires to construct Spine Road in accordance with the Town Center
District Code, prior to the City's schedule for said construction provided herein, Schrimsher
may design, engineer, permit, survey, and construct Spine Road at Schrimsher's expense.
Pursuant to Winter Springs City Code, Sections 9-386 through 9-390, Schrimsher shall then
be eligible for.andreceive in connection with the development of the Schrimsher Property
transportation impact fee credits in an amount equal to Schrimsher's reasonable costs for
aesi nin e . eering, permitting, surveying and construction of the Spine Road . . ~
costs shall be deemed to be for non-slte-re ate lmprovemen s. ccruedcredits shall be
applied to the development of Schrimsher Property. Regardless of which party constructs
Spine Road, the City, at its expense and concurrently with the construction of Spine Road,
agrees to design, permit, and construct water and sewer utilities for Spine Road required for
the Town Center and Schrimsher Property (the "Spine Road Utilities"). Schrimsher shall
convey the right of way for Spine Road to the City at such time as the City has obtained all
ORlDOCS 10014263.12lKF
06/12/00
Page 8 of 22
: '
'. .
.' ,/
necessary permits for the City to construct Spine Road or at such time that Schrimsher has
completed construction of Spine Road, whichever occurs first.
City agrees that Schrimsher's engineers (who shall be qualified and experienced in
roadway and water and sewer utilities engineering and permitting) will be able to review and
provide input into the design and permitting process for Spine Road and the Spine Road
Utilities; and that any and all related applications and/or submittals to all applicable
governmental agencies that may affect Schrimsher Property will be subj ect to the reasonable
and timely review by Schrimsher's engineers. Schrimsher's engineers shall complete said
review and provide any such input pursuant to the City's reasonable time schedule.
If the City adopts a traffic concurrency management ordinance, the City agrees to
favorably consider the allocation of reasonably sufficient traffic capacity to Town Center
and/or appropriate levels of service to accommodate. the development of Town Center as
anticipated in the Town Center District Code.
d) Designate that portion of TuskawillaRoad between State Road 434 and Spine
Road a City collector road and process an amendment to the City's Comprehensive Plan,
Traffic Circulation Element, to so designate. The City also agrees, at its expense, to design,
engineer, permit, 'survey and construct the Main Street Improvements substantially within
the alignment shown on Exhibit "A". The City also agrees to promptly commence the
design, engineering and permitting within ninety (90) days of the effective date of this
Agreement, exercise their b~st .efforts to commence construction as soon as possible and to
d{ligently pursue completion of such construction within two (2) years of the effective date
ofthis Agreement. The Main Street Improvements shall be consistent with the Town Center
District Code. Schrimsher agrees to donate and convey to the City eleven (11) feet of right-
of-way in order for the City to expand Main Street to eighty-two (82) feet in width in
accordance with the Town Center District Code. The conveyance shall occur at such time
as the City has obtained all permits necessary to construct the Main Street Improvements.&r
Because Schrimsher only owns property on one side of that portion of Tuskawilla Road
des.cribed as.Main Street, Schrimsher shall only be required to convey the <;me~half(i.e~, not
more than eleven (11) feet wide) of the needed nght-of-way which is located on -Ir
Schrimsher's side of Tuskawilla Road. Schrimsher agrees that City shall have the right of
entry and ingress and egress to and from the Schrimsher Property for purposes ofdesigning,
engineering, permitting, surveying and constructing the Main Street Improvements, and, in
such event, the City agrees, to the extent permitted by law, to indemnify and hold Schrimsher
and the Schrimsher Property harmless against any loss; damage, liens or expenses associated
with or resulting from the City designing, engineering, permitting, surveying and
constructing the Main Street Improvements which costs shall be deemed to be for "non-site-
related improvements". Notwithstanding the aforesaid, if Schrimsher desires to commence
the Main Street Improvements in accordance with the Town Center District Code, prior to
the City's schedule for making said improvements, Schrimsher may design, engineer, permi t,
survey, and construct the Main .Street Improvements at Schrimsher's expense and the
ORLDOCS'10014263.12 LKF
,06112/00 '
Page 9 of 22
.,\ ,.
r.' ., " ,,I
conveyance shall occur at such time Schrimsher has completed construction of said
improvements. Pursuant to Winter Springs City Code, Sections 9-386 through 9-390,
Schrimsher shall then be eligible for and receive in cOImection with the development ofthe
Schrimsher Property transportation impact fee credits in an amount equal to Schrirhsher's
reasonable costs for design, engineering, surveying, pennitting and construction ofthe Main
Street Improvements, Accrued credits shall be applied to the development of Schrimsher
Property. City agrees that Schrimsher's engineers (who shall be qualified and experienced
in roadway and water and sewer utilities engineering and pennitting) will be able to review
and provide input into the design and pennitting process for the Main Street Improvements;
and that any and all related applications and/or submittals to all applicable governmental
agencies that may affect Schrimsher Property will be subject to the reasonable and timely
review by Schrimsher's engineers. Schrimsher's engineers shall complete said review and
provide any such input pursuant to the City's reasonable time schedule.
VI. Inclusion of Property in Town Center District.
Schrimsher consents to the inclusion of the Schrimsher Property into the Town
Center District subject to the tenns and conditions hereof.
VII. Adoption of Town Center District Code.
(
(
Schrimsher hereby consents to the adoption of the Town Center District Code and
its applicability to the Schrimsher :Property subject to the tenns and conditions hereof.
,.
f
VIII. Future Land Use Change.
Schrimsher and the City acknowledge that the future land use designation for the
Schrimsher Property shall be Town Center at such time said designation is approved by the
City. Specifically, and without limitation, the parties intend for the future land use
designation under the City's Comprehensive Plan to be amended to acconunodate the Town
Center District Codeaild to correct the future land use designation of the Rustic Residential
Property (to Town Center) which was inadvertently previously changed by City from
conunercial to "rustic residential". The City shall immediately administratively initiate and
diligently process through completion said comprehensive plan amendments and also
effectuate any administrative rezoning necessary to implement the foregoing land use
change, All future land use changes shall comply with the procedures set forth in chapter
163, Florida Statutes and the City Code of Winter Springs.
IX. East Market Square Parcel.
(
(
Provided that the site and building plan are consistent with the City Code and Town
Center District Code, the City agrees and ackn,owledges that the East Market Square Parcel
will be allowed to have: . (i) a grocery store anchor building consisting of approximately
ORLDOCS 10014263.12 LKF
06/12100
Page 10 of 22
.,'
...,' I,'
45,000 retail square feet; (ii) up to 45,000 square feet of additional retail square feet; and
(iii) a parking ratio of up to five (5) spaces per 1,000 retail square feet.
x. Retention Ponds.
The retention ponds depicted on the Town Center Plan are meant to be conceptual
and do not necessarily indicate the actual size or location of retention ponds that may be
required as part of a development project. As part of all Schrimsher development projects
on Sclrrimsher Property, Schrimsher agrees to provide retention ponds in accordance with
the Master Stormwater Management Permit (approved by Schrimsher's engineers and
meeting the requirement of Article V(b)) local, state, and federal law and sound engineering
practices.
XI. Sf. Johns Landing.
Schrimsher agrees to provide a buffer not less than fifty (50') feet in width along-the
northern boundary of the Schrimsher Property adjacent to the St. John's Landing
Subdivision. The City Agrees that said buffering mayor may not include a retention pond,
and that the width ofthe Cross Seminole Trail running along the common boundary with St.
Johns Landing Subdivision may be counted toward meeting the fifty (50') foot buffer
requirement. the applicable building set-back line along the common boundary with St.
( John's Landing Subdivi~ion will be the southern edge of the buffer.
( , In addition, Schrimsher agrees to design, permit, and construct a six (6) foot concrete
block or brick wall (the "Wall") on Schrimsher Property (or on property within St. John's
Landing Subdivision if approved by the owners of the applicable lots within St. John's
Landing Subdivision) in cOill1ection with any commercial or multi-family development
adjacent to the developable lots within the St. John's Landing Subdivision along or near the
current perimeter of the Schrimsher Property, provided saidW all is required by the City
Code. To the extent a .Wall is required, the maximum length of the Wall shall commence
at the Tuskawilla Road right-of-way and shall extend to and terminate at the southeastern
comer ofthe eastern-most developable lot contiguous to the common boundary between St.
Johns Landing Subdivision and the Schrimsher Property. No portion of the Wall will be.
required adjacent to any retention pond within the St. Johns Landing Subdivision.
Sclrrimsher agrees that individual lot owners within St. Jolms Landing Subdivision
will be allowed to install one (1) gate (not greater than four (4') feet in width) per
developable lot, in the Wall to provide access to and from their lot and the Cross Seminole
Trail and/or Town Center provided (i) the individual lot owner must install and maintain the
gate at the lot owner's expense, (ii) the gate shall open toward the applicable lot within St.
Johll's Landing Subdivision, (iii) the style of the gate shall otherwise be subject to the
reasonable written approval of both Schrimsher and the City, which shall not be
unreasonably withheld or delayed, and (iv) the individual lot owner must agree in writing via
{
(
ORLDOCS 10014263.12 LKF
'06/12100
Page 11 of 22
.,\
~., . I : d
a recorded instrument to hold the City, Schrimsher and Seminole County and the State of
Florida harmless from any loss, claim, damages or expenses associated with .or resulting
from the installation or existence of the gate.
XII. Interior Buffer Walls and Fences.
Unless waived by the Development Review Committee and the City Commission,
buffer walls or fences will be required in Town Center between single family or multi- family
residential developments on one' side and loading docks, service areas and trash disposal
facilities associated with commercial development on the other side. OthelWise, buffer walls
and fences separating different types ofland uses will be allowed but not required within the
interior portion of the Town Center District.
XIII. Weiland Delineation of Wetland Park.
(
(
The parties acknowledge that Schrimsher has previously obtained from the V.S.
Army Corp of Engineers and provided to the City a copy of a delineation ofthe jurisdictional
wetland boundaries on the Schrimsher Property and that the parties have utilized such
wetland delineation to amend the Wetland Park boundary. Neither party warrants the
accuracy of such delineation and any further change in the delineation shall not result in
SChrimsher being required to convey any addItIonal lands to the City or require the City to
.
reconvey to Schrimsher any portion of Wetland Park...:
~
XIV. EastJWest Crossroad Segment.
SchrimSher agrees that the East/West ,Crossroad Segment will be located on
Schrimsher Property as generally depicted on Exhibit "A". However, Schrimsher may
relocate the East/West Crossroad Segment to the South (toward State Road 434) a maximum
distance oJ 100 feet from the location depicted on Exhibit "A". Schrimsher may also make
minor adjustments to the location of the East/W est Crossroad Segment in order to straighten
the East/West Crossroad Segment or to provide for a more favorable site line and/or
curvatures of the East/W est Crossroad Segment. If the East/West Crossroad Segment is
relocated or adjusted, Small Neighborhood Squares #4 and #5 shall maintain their relative
locations with access to and alignment with the layout of the East/West Crossroad Segment
subject to the possibility of being relocated as provided in Article IV(b). Because the Cross
Seminole Trail willnot be running along the East/W est Crossroad Segment, the right-of-way
for East/West Crossroad Segment shall be 60 feet in width, according to the design of a
Town 'Center Street and the. location and shape of Small Neighborhood Squares #4 and 5
shall shift accordingly.
ORLOOCS 10014263.12 LKF
06/12/00
Page 12 of 22
.f' . : I I
xv. Spine Road Traffic Signal.
In conjunction with the construction ofthe Spine Road north or south of State Road
434, the City will cooperate with the Florida Department of Transportation and Schrimsher
in any proposal to install a traffic signal at the intersection of the Spine Road and State Road
434 and to install a median break within State Road 434 approximately midway between the
intersections at Tuskawilla Road and the Spine Road. Nothing herein is intended to obligate
the City to contribute any funds toward the cost of the traffic signal or median cut.
XVI. Connection to Tuskawilla Road.
The City agrees to cooperate with Schrimsher to allow Schrimsher to design, permit,
and construct a road along the existing right-of-way behind the "Mobil Service Station"
currently on the comer of State Road 434 and Tuskawilla Road, which mayor may not be
designed to connect Tuskawilla Road with a frontage road south of State Road 434.
However, the design, permitting, and construction of said road shall be consistent withlhe
CityCode, subject to site plan review and approval by the City, and at Schrimsher's sole cost
and expense.
(
(
XVII. Greenspace and Open Space Requirements; Landscaping Requirements. Both
parties agree that there are no minimum greenspace or open space requirements within the
Town Center District. However, Schrimsher agrees to comply with the landscaping
requirements within the Town Center District as set forth in the Town Center District Code.
XVIII. Diagrams/"Illustrative Purposes Onlv".
Except for Wetland Park, Magnolia Park, the Small Neighborhood Squares (#2, 3,
4 and 5), Lake Trail Park, Cross Seminole trail, the East/West Crossroad Segment, Main
Street Improvements, and Spine Road, which are expressly agreed to by Schrimsher and City
pursuant to this Agreement (subject to applicable relocation provisions set forth herein), the
City hereby acknowleciges that all diagrams and graphics within the Town Center Plan and
the Town Center District Code, which are depicted on Schrimsher Property, are for
"illustrative purposes only" and are intended only to illustrate the intent and concepts of the
Town Center District Code.
XIX. Periodic Review.
This Agreement shall be subject to periodic review by the parties. Periodically, City
and Schrimsher agree to cooperate and meet in good faith to discuss the progress made under
this Agreement and whether any amendments should be' made to this Agreement in
furtherance of each others mutual interests. Additionally, during said review, the parties may
discuss proposing amendments to the Town Center District Code which may be needed to
promote the public's interest in creating an economically viable Town Center. Nothing in
ORLDOCS 10014263.12 LKF
06112/00
Page 13 of 22
.,\
~ . "
. '
this Agreement shall preclude Schrimsher from exercising its right to seek an amendment
to the land use designation or zoning of the Sclulmsher Property.
xx. Cooperation.
Schrimsher and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement.
XXI. Authority.
Each party hereby represents and warrants to the other that they have full power and
authority to enter into this Agreement. Schrimsher also represents that all legal and equitable
title to the Schrimsher Property is currently vested in and held by Schrimsher and Schrimsher
is duly authorized to bind t~e Schrimsher Property to the terms and conditions contained in
this Agreement. City also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the City shall
constitute the final action of the City.
XXII. Notices.
\
( \
(
Any notice required or allowed to be delivered hereunder shall be in writing and shall
be deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or
(b) upon receipt of such notice, when deposited' in the United States mail, postage prepaid,
certified or registered mail, return receipt requested, or (c) ope day after deposit with a
nationally recognized overnight courier service, e.g. Federal Express, Purolator, Airborne,
Express Mail etc., addressed to a party at the other address as specified below or from time
to time by written notice to the other party delivered in accordance herewith.
Schrimsher:
Schrimsher Land Fund 1986 - II, V & VI, Ltd.
c/o Michael A. Schrimsher
Schrimsher Properties
600 E. Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: 407/423/7600
Fax: 407/648/9230
With Copy
to:
Michael 1. Grindstaff, Esquire
Shutts & Bowen LLP
20 N. Orange Avenue, Suite 1000
Orlando, Florida 32801
Phone: 407/423/3200
Fax: 407/425/8316 .
ORLDOCS 10014263.12lKF
06112/00
Page 14 of 22
3' ",': 't
I I t:
City:
With Copy
to:
XXIII. Defaults.
Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407/327/5957
Fax: 407/327/4753
Anthony A. Garganese
City Attorney of Winter Springs
Amari & Theriac, P.A.
96 Willard Street, Suite 302
Cocoa, Florida 32922
Phone: (407) 639-1320
Fax: (407) 639-6690
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefaulting party to pursue whatever remedies are
available to it under Florida lawor equity including, without limitation, an action for specific,
performance and/or injunctive relief. Prior to any party filing any action as a result of a
default under this Agreement, the nondefaulting party shall first provide the defaulting party
with written notice of said default. Upon receipt of said notice, the defaulting party shall be
provided a thirty (30) day opportunity in which to cure the default to the reasonable
satisfaction ofthe nondefaulting party prior to filing said action. The prevailing party in any
litigation arising under this Agreement shall be entitled to recover its reasonable attorney's
fees and costs, whether incurred at trial or appeal.
(
(
XXIV. Successors and Assi~ns.
This Agreement shall automatically be binding upon and shall inure to the benefit of
the successors and assigns of each of the parties.
XXV. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
ORLDOCS 10014263.12 LKF
06112/00
Page 15 of 22
','
1'1" "
(
(
I,
(
.,
",
XXVI. Amendments.
This Agreement shall not be modified or amended except by written agreement duly
executed by both parties hereto.
XXVII. Entire A~reement.
This Agreement supersedes any other agreement, oral or written, and contains the
entire agreement between the City and Schrimsher as to the subject matter hereof.
XXVIII. Severability.
If any provision ofthis Agreement shall be held to be invalid or unenforceable to any
extent by a court of competent jurisdiction, the same shall not affect in any respect the
validity or enforceability of the remainder of this Agreement.
XXIX. Effective Date.
This Agreement shall become effective upon approval by the City Commission of
Winter Springs and execution of this Agr~ement by both parties.
xxx. Recordation.
Within sixty (60) days following the effective date hereof, a short form memorandum
of this Agreement signed by both the City and Schrimsher shall be recorded in the public
records of Seminole County, Florida and shall run with the Schrimsher Property. The
memorandum shall iriclude the legal description ofthe real property described in Exhibit B
(the "Schrimsher Property") and shall otherwise be in a form mutually acceptable to the City
and Schrimsher.
XXXI. Relationship of the Parties.
The relationship ofthe parties to this Agreement is contractual and Schrimsher is an
independent contractor and not an agent of the City. Nothing herein shall be deemed to
create a joint venture or principal-agent relationship between the parties, and neither party
is authorized to, nor shall either party act toward third persons or the public in any manner
which would indicate any such relationship with the other.
XXXII. Soverei~n Immunity.
Nothing contained in this Agreement shall be construed as a waiver ofthe City's right
to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the
City's potential liability under state and federal law.
ORLDOCS 10014263.12 LKF
06/12/00
Page 16 of 22
l' '. \' ','
XXXIII. City's Police Power.
The City hereby reserves all police powers granted to the City by law. In no way
shall this Agreement be construed as the City bargaining away or surrendering its police
powers.
XXXIV. Force Majeure.
The parties agree that in the event that the failure by either party to accomplish any
action required hereunder within' a specified time period ("Time Period") constitutes a
default under the terms ofthis Agreement and, if any such failure is due to any unforeseeable
or unpredictable event or condition beyond the control of such party, including, but not
limited to, acts of God,.acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or
materials, injunction or other court proceedings beyond the control of such party, or severe
adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision
of this Agreement to the contrary, that failure shall not constitute a default under this
Agreement and any Time Period proscribed hereunder shall be extended by the amount of
time that such party was unable to perform solely due to the Uncontrollable Event.
xxxv. Interpretation.
/
\
The parties hereby agree and acknowledge that they have both participated equally
in the drafting of this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
.xxxVI. Permits.
The failure ofthis Agreement to address any particular City, county, state, and federal
permit, condition, term, or restriction shall not relieve Schrimsher or the City ofthe necessity
of complying with the law governing said permitting requirements, conditions, term, or
restriction.
XXXVII. Third Party Riehts.
This Agreement is not a third party beneficiary contract and shall not in any way
whatsoever create any rights on behalf of any third party.
XXXVIII. Counterparts.
This Agreement may be executed in any number. of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
(
I
ORLOOCS 10014263.12 LKF
06/12100
Page 17 of 22
. II
'" I ~
XXXIX. State Grant.
The parties acknowledge that the City has filed a grant application to the State of
FLorida for the purpose of obtaining grant funds to allow the State of Florida to purchase
Magnolia Park and Wetland Park. Schrimsher agrees to reasonably cooperate to allow the
City to obtain said grant funds and if said grant funds are obtained, Schrimsher and the City
agree that said grant funds shall be expended in a manner mutually acceptable to both parties
to benefit the Schrimsher Property and the Town Center District (i.e., Magnolia Park and
Wetland Park and Cross Seminole Trail Improvements). Provided, however, in no event
shall Schrimsher be required to convey Magnolia Park or Wetland Park directly to the State
of Florida nor are the City's and Schrimsher's Obligations hereunder in any way contingent
upon the success or failure of the City obtaining such grant funds (specifically, including,
without limitation, the City's obligations set forth in Article V hereunder and Schrimsher's
Obligations set forth in Article IV hereunder).
XL. Conveyances by Schrimsher.
All real property conveyances made by Schrimsher to the City pursuant to this
Agreement shall be made by special warranty deed and free of all mortgages, liens, and other
encumbrances.
(
(
\
XLI. Declaration ofthe City Commission of Winter Springs.
The City Commission ofthe C~ty of Winter Springs hereby finds that this Agreement
is consistent with the City's Comprehensive Plan and land development regulations and is
a legislative act of the City Commissiol1 of the City. The City_Commission further finds
that this Agreement promotes the public health, safety, and welfare and is consistent with,
and an exercise of, the City's powers under the Municipal Home Rule Powers Act, as
provided in s. 2(b), Article VIII .of the Florida Constitution and chapter 166.021, Florida
Statutes and the City's police powers. To the extent there are any conflicts between the
provisions of the Town Center District Code and this Agreement, the provision of this
Agreement shall control as if approved by the City Commission as a special exception
pursuant to the Town Center District Code.
XLII. Billboard.
As of the effective date ofthis Agreement, Schrimsher has two 'billboards located on
real property within the City of Winter Springs which may remain in their existing locations
until such times as they are required to be dismantled and permanently removed pursuant to
this Agreement. One billboard is located on the Schrimsher Property (i.e., within Town
Center) on the south side of State Road 434 and the other is located east of Town Center on
the north side of State Road 434. Schrimsher agrees to completely dismantle and remove
each particular billboard at such time as a certificate of-occupancy is issued by the City for
ORLDOCS 10014263.12 LKF
06/12/00
Page 18 of 22
. .
(
(
\
I
(
a vertical structure (other than the Cross Seminole Trail Bridge) that is within a four hundred
foot (400') radius ofthe applicable billboard. The dismantling and removal ofthe billboards
shall be determined on an individual basis and the radius test shall only apply to development
that occurs on the same side of State Road 434 that the billboard is located.
XLIII. Wetland Mitieation.
The City acknowledges Schrimsher's right to impact the wetlands generally located
within one thousand two hundred (1,200') feet on the north side of State Road 434 and within
six hundred (600') feet on the south side of State Road 434 in the southeastern portion of
Town Center, provided that Schrimsher complies with all applicable govermnental
requirements. Furthermore, the City acknowledges that Schrimsher shall have the right to
utilize other wetlands located within Town Center for the purpose of satisfying "wetland
mitigation" requirements related to one or more developments located outside of Town
Center.
XLIV. Land Use Percenta~es
The City agrees that the Schrimsher Property will be entitled to the same minimum
mix of land use percentages as set forth in the City's Comprehensive Plan for the Town
Center District.
XLV. Continuation of Aericultural Classification
The City acknowledges that Schrimsher may continue to use all or a portion of the
Schrimsher Property for cattle farming operations (excluding beef processing), citrus
farining, silviculture/tree-farming or plant nursery purposes until such time as all of the
Schrimsher Property is developed in accordance with a City-approved development.
Nothing in the Town Center District Code is intended to impair or negate Schrimsher's
existing '~'agricultural classification" (for ad valorem tax purposes) as long as and to the
extent that Schrimsher maintains a bona fide agricultural operation on the Schrimsher
Property in accordance with all applicable laws. The City further acknowledges that
Schrimsher may maintain, replace, relocate and erect barbed wire, plain wire mesh or other
types of fencing in connection with Schrimsher's agricultural uses and the relocation ofthe
Cross Seminole Trail or the development of less than all of the Schrimsher Property.
IN WITNESS WHEREOF, Schrimsher and the City have executed this Agreement
in form sufficient to bind them as of the day and year first above written.
ORLDOCS 10014263.12 LKF
06112100
Page 19 of 22
. ~
(
(
(
I'" ,',
"SCHRIMSHER"
SCHRIMSHER LAND FUND 1986-II,.
LTD., a Florida limited partnership
By: Schril11sher Inc., a Florida
corporation
By:~J\kCJ A ~~~/~
Michael A. Schrimsher,
Vice President
S CHRIMSHER LAND FUND V, LTD.,
a Florida limited partnership
By:
Schrimsher Inc., a Florida
corporation
+~~.4- ~9yL
By:
Michael A. Schrimsher,
Vice President
SCHRIMSHER LAND FUND VI,
LTD., a Florida limited partnership
By:
Schrimsher Inc., a Florida
corporation
~A-~1L
By:
Michael A. Schrimsher,
Vice President
ORLDOCS 10014263.12 LKF
06/12/00
WITNESSES:
WITNESSES:
p~o ~N6;j,,<O~
Page 20 of 22
. \. ,'~. . ~ 1',
(
(
(
(
.......,1'
CITY OF WINTER SPRINGS
a FIc . ici I C
By:
ORLDOCS 10014263.12 LKF
06112/00
WITNESSES:
~/l~ .
Print Name: An Vhtlt\ () A- < ~6r't'Ae~
Pri~~'~ ~&W~ ~
Page 21 of 22
. ~
.., to,
(
(
(
EXHIBIT LIST
Subject
Reference in Agreement
Exhibit "A"
Boundary Map/General Depiction
Exhibit "B"
Schrimsher Property
(legal description to be attached to the short-
form memo referenced in Article XXX.)
Exhibit "C"
Town Center Plan
Exhibit "D"
Town Center District
Exhibit "E"
Town Center District Code
ORLDOCS 10014263.12 LKF
06112/00
Page 22 of 22
. \ . r
. "
. .
," II,
EXHIBIT" A"
Boundary Map/General Depiction
(
(
I
(
. 'l . .. . .~ ~
1-' ..,
EXHIBIT "B"
Schrimsher Property
(
( )
(
(
'. ,.../
~. .
TOWN CENTER
~ :
~-_-==,::':::'::'=...r:\~. !
f
A. Town Center District Boundary Map
District Boundary
- - County Enclaves (not in city)
<Q
~e
J
e
S'~
.P
\
'--
'\
')-
I
J> :
<'
'-./.......,..-'
-
CQ
=
E-'l
H
CQ
H
::r::
:><:
~
-'--~.,.
" . '\' r'
t'" ...
. '.
EXHIBIT "C"
Town Center Plan
(
(
. i
-. -. . , '.!.
IT "C"
. _); f. .
TOWN CENTER PLAN
(
(" :
,I
.(
1
. '. ~.." -... J ''"':-.'r.!''''l~.....;..,~..~....,~,~.t:-:"'.';I'' '.. ':','--' '. . ,.:., ,~ " .
. '~ . 'l~ I'
,. .
EXHIBIT "D"
Town Center District
(
(
(
1
" ~ "J.
~,l )....
",'" ..I
~. ;,....
'.
((
r
)
(
f
\.~. Y'
EXHIBIT "D"
I
I
I
I
1
I
f
TO~ CEtliTI:R
-::-=.=~~=~\~. !
A. Town Center District Bo'undary Ylap
- District Boundary
County Enclaves (nor in ~:r:"
~Q
.fe
............
@
- ~ - -"-
./
e ~
.J q
--6
/
',-
!
I
I
:
~
i
'.
\.,--
. i
EXHIBIT "E"
TOWN CENTER DISTRICT CODE
(. '.
( -
(
(
'- .;,"
,~
.:~~
Xf.
.~;~(.
~GHeORHOOO PARKS
0.45 AC @ 0:42 AC
0.44 AC @ 0.44 AC
KE .TRAIL PARK @ 0.85 AC
MAGNOLIA PARK'
0.64 AC to 0.79 AC
WETI.ANOS PARK
@ 22.33 Acres
. '. .
l
.,~
(
\
,
,
-. .>
126/00
;;r-I"'"l . I
'00 Z~~ ~
EXHIBIT "A"
TRAIL ACCESS LANE
· · .. EXISTING TRAIL ALIGNMENT
- ... UNPAVED TRAIL
....... PAVED TRAIL
SPINE ROAD (COLLECTOR)
- · - EDGE DRIVE
.,.,. EAS'r/WEST CROSSROAD SEGMENT
MAIN STREET
...."".
.""",,,
.......--~...
"
'r
ATTACHMENT B
"
,
'\..
" "'''''''''
r ~ ,
i Ii" , .:,<'-\
Ii
i~ ,- ,
~ ,\
. . . 11 I j,
a J'
p
i
1;;--
I
Burkett Engineering, Inc.
Civil Engineering Consultants
1M!!. RDbhon~.k8e:l)l
0rIcrnd0. R. 32flO1
1<<m2.u..1260 Far'G'J2~
WHI'ER ..... TOWN CEN'IBl
TOWN HilIE8
AIR I!NllLIlIllMB
CONCEPT' PLAN
\.
.......
I
--
ATTACHMENT C
11.1
il It JIi'
u",.i~el!1
I Ii~JJ
I · I
I I'.
. .
I
Ii II
=! r
I
I
WIm!R ...... TOWII CI!Im!II
TOWII ....
NIR IIIllLI! .-
cc.:srr IPLAN
"I
\
,
::
,
-.- .. -._~.
,
,
.,
-.J
~I'i'.~~'
~
GtATTING
lAC KS'ON
KERCHE'R
ANGLIN
LOPEZ
RINE'HART
Com".."dty
Plalflfillg
33 East Pine Street
Orl.ndo. Florid. 32801
P:.407 843 6552
F: .407 839 1789
222 Clem.tis Sireet
Suite 200
West p.lm ne.ch
Florid., 33401
P: 561 .659 6552
F: 561 833 1790
!"ww:glouing.com
ATTACHMENT D
September 21,2004
Mr. John Baker, AICP,
Senior Planner
City of Winter Springs
Planning Department
1126Bast State Road 434
Winter Springs, FL 32708
R.ECEiVED
h SEP 2 1 2004 'I: dtJ flY'
~;,. ,
I' 1
L CITY OF WINTER SPRINGS :
!L~, . Current Planning .J
Dear Mr. Baker,
Per your request, we have prepared a summary of changes to the Winter
Springs Town Center Town Homes concept plan. The summary of changes
entails only those made subsequent to the August 9, 2004 City Commission
hearing. Ron McLemore outlined for the Commission a list of strategies that
he would like to see implemented. We have addressed these strategies in our
revised concept plan or have committed in some way to satisfy each request.
1. Architectural Variation - There needs to be several
architectural styles of buildings to provide variety and interest.
Buildings facing the major streets need to be of premium
design incorporating finer architectural detail and exterior
finishes.
Engle Homes has committed to satisfying this request. The
architectural details and finishes have not been finalized by the
architect. The applicant will bring the finished drawing elevations
to the City for review.
2. Additional Streets - Additional street intersections need to be
added to shorten the length of blocks.
We have added three new street connections to shorten the length
of the blocks and to create a public edge along the two ponds. The
blocks previously referred to as "superblocks" have been reduced
substantially by the addition of the new streets.
3. Neil!hborhood Parks - In addition to this large park,
neighborhood pocket parks need to be spotted around the
development to provide for green spots and points of interest
where possible, to preserve specimen trees.
I
We have increased the amount of public space along the ponds by
providing more street frontage. We have created two neighborhood
pocket parks on the north pond where the street runs along the
pond, The south pond contains three neighborhood pocket parks
along its edges where there is street frontage. The stormwater
ponds have been designed with a more curvilinear composition.
Pedestrian paths are located throughout the development
connecting to parks. Focal points are planned along the paths.
The private recreational amenities in the large park should
remain a private property. The balance of the park should be
dedicated to the public.
Engle Homes has agreed to satisfy this request. The private club
house and park area has been physically separated by a street from
the public park area.
4. Street Trees - Intensive street tree planting with more mature
trees needs to be incorporated into streetscape plan to provide
for eventual canopied streets.
Street trees will be planted at a minimum interval of fifty (50) feet
on center. Engle Homes has agreed to plant trees that will grow to
have a canopied effect over the streets.
Where possible, existing large mature trees should be
transferred to intermittent points along the streets to provide
for a more mature initial streetscape.
Where possible, Engle Homes will preserve existing trees.
5. Traffic Calminl! - Several street deflections need to be
incorporated into the main streets to slow traffic.
At the time of final geometry, curves can be flattened to provide
deflection in the street. Other traffic calming measures utilized are
narrow pavement widths, on-street parking, short block lengths,
interesting scenery captured at our focal points.
In addition to the comments above, other changes were made to the August 9th
plan is as follows:
2
1. Edge Drive (adjacent to wetland park) proposes a 48' ROW (right-
of-way). In the Town Center standards, this is shown with a 40'
ROW, with the edge of the paved road on the ROW line. We have
created an 8' wide landscape and grade transition strip in the
ROW. Street trees will be planted within the landscape strip.
2. Neighborhood streets along the south and easterly sides of the
development are shown with a 48 foot ROW, since parking is not
needed on both sides of the street.. Thus, we narrowed the
pavement width since the ROW was reduced. Again, the
narrowing of the pavement is a good traffic calming measure.
3. A 5-unit building was incorporated in to the plan. This allows
smaller buildings allowing for a better variation in architectural
elements.
Thank you for your time in reviewing this information. Should you have any
questions or need additional information, please feel free to call me.
Sincerely,
Jodi Rutmann
C: Dan Roberts
Bill Burkett
John Rinehart
3
Date: 092704
The following Document was provided on
09/27/04 during the discussion of Regular "503"
\
-,
Sep-27-04 03:34P Dover, Kohl & Partners
305 666 0360
P.Ol
DOVER, KOHL &. PARTNERS
town planning
Memorandum
To: John Baker
City of Winter Springs
Cc: Victor Dover
From: James Dougherty
Date: 27 Sept, 2004
Subject: Comments regarding the 9/9/04 Engle Homes plan
The new streets added tn the latest plan arc very helpful for making the lakes fecllikc public
amenities. These additional streets also help to make the vehicular / pedestrian network more
fine-grained. The revised configuration of the central wedge-shaped square appears to be
bettcr proportioned as well.
There are still very few two-sided street spaces in the plan. One place to add compelling two-
sided spaecs could be along the pedestrian paths that currently lead from the wedge shaped
square north and south to the lakes (see location A in the attached plan). Instead offacing
these pedestrian paths with the sides of buildings, compelling spaces could be created by
rotating the building bars next to them so that the fronts of buildings face towards them.
An additional good view ofthe north lake could easily be created by lining up one of the
breaks between buildings on the west side of the lake with the short street on the south-
eastern edge of the north-western most block (see location B in the attached plan). 111is
pedestrian path would also be marc compelling if faced by the tronts of buildings.
50 feet on ccntcr is slightly spread-out tor the street trees. If the trees are placed c10stlT
together, they will better frame the street spaces (dimensions should be checked with the city
arborist to ensure they are feasible for the tree species to be used),
~ECEmVEO
SEP 2 7 2004
CITY OF WINTER SPRINGS
Current Planning
sep-27-~4 03:34P D~ver. Kohl & Partners
305 666 0360
P.02
I.~' .." It ....,.. ." ...,............"........... .-.,',
~
i;
.~
[
lj
~
~
j
.-------------.--.)
u
"
i ,,' : I /
I~ '~/
fl1r~
.1... ilMJ1
I If ~
, } I
. , .
. I
I
CITY OF WINTER SPRINGS
L. Current Planning
~lEe~~VE .
SEP 2 7 2004
. .
! ......... -=- = ,.,.
. ........-
~ IUlIf
F~
~
-
I
I
_.... -.-.-'..
\
,
I
I
111If;!1I~'
I II~~
il .u .~!!1
o iii..
I , .
I J I
I I ·
. .
I
,
I
,
,
,
: ~lSC~~VE'
SEP 2 7 2004
CITY OF WINTER SPRIN ;S
L. Current Planning
,
"
WIfl'I!R ..... TOWN CI!IfIIR
TOWN ....
I'IClR I!IIIU! ..-
caICI!PT PUll
I--=- I
.J
48' R.O. W.
8' 10'
LANDSCAPE DRIVE AISLE
STRIP
10'
DRIVE AISLE
8'
PARALLEL
PARKING
r:\_ EDGE DRIVE CROSS SECTION
'\::7 NOT TO SCALE
48' R.O.W.
8' 10'
LANDSCAPE DRIVE AISLE
STRIP
10'
DRIVE AISLE
8'
PARALLEL
PARKING
CJ
I
MODIFIED NEIGHBORHOOD LANE CROSS SECTION
NOT TO SCALE
50' R.O. W
I I I
I 6' t 6' I
SIDEWALK ANDSCAPE
STRIP
26'
PAVEMENT
I I I
t 6' ~ 6' I
ANDSCAP SIDEWALK
STRIP
CJ NEIGHBORHOOD LANE CROSS SECTION
- NOT TO SCALE
60' R.O.W.
B' 10'
PARALLEL DRIVE AISLE
PARKING
10'
DRIVE AISLE
8'
PARALLEL
PARKING
CJ NEIGHBORHOOD STREET CROSS SECTION
- NOT TO SCALE
105 E. Robinson Street. Suite SOl
Orlando. Fl 32801
(-407/2<6-1260 Fox (-40712<6-0<23
WINTER SPRINGS TOWN CENTER
ENGLE HOMES
ROADWAY CROSS SECTlONS
stEEl' 1 OF 1
FIJ!