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HomeMy WebLinkAboutItem #19 Westyn Bay - PSP/SP & Development Agreement Amendment`` 'J OC'0P(> florida AGENDA ITEM COVER SHEET Meeting Date: September 17, 2013 Item # I q - .� Reviewed By Contact Name: Mike Rumer Department Director: _ Contact Number: (407) 905 -3100 x 1018 City Manager: ' � Subject: Westyn Bay Subdivision Amendment to Preliminary /Final Subdivision Plan Amendment to Development Agreement Commission Distr #1 —John Groaan ISSUE: Should the Honorable Mayor and City Commission approve a request from the Westyn Bay Community Association Inc. to amend the Preliminary /Final Subdivision Plan and Development Agreement for the Westyn Bay Subdivision? The amendments consist of 1) Condition #22 - removing a pedestrian access gate and easement; and, 2) Condition #37 - consideration of the removal of street trees within the development. BACKGROUND: The subject subdivision is zoned R -1AA (Single - family Dwelling) and is located on the north side of Ocoee Crown Point Parkway. The Westyn Bay Subdivision encompasses +/- 376 acres, for phases 1 -3, and +/- 40 acres for phases 4 and 5. The final site plan for phases 1 -3 was approved by the city commission on May 7, 2002, under the name West Groves. The approved subdivision plan provides a condition of approval that is consistent with the Development Agreement for West Groves dated June 5, 2001. Per the letter requesting the change in the requirements of the subdivision, the Westyn Bay Community Association, Inc., is requesting the following: a. Proposed deletion of condition #22 (easement) The easement provides pedestrian access through and over the private internal roads of Westyn Bay from the neighboring subdivision called The Vineyards. The easement restricts access to the time in which public schools are open for use by students (90 minutes before and 90 minutes after school). At all other times, there is no easement for access. The easement does not permit access to any facilities within the Westyn Bay subdivision. b. Proposed deletion of condition #37 (street trees) Condition 37 is a reiteration of Ocoee Land Development Code Article 6, Section 6 -10. A street tree shall be provided in front of each single - family lot (2 trees on corner lots, with one on each street), prior to the issuance of a certificate of occupancy for the house constructed on the lot. Each street tree shall be a minimum of 2" DBH and 10' tall at the time of planting. DISCUSSION: As indicated above, this amendment will change Conditions of Approval from the original development agreement and Preliminary and Final subdivision plan. Staff has researched the conditions of approval items identified and has the following comments: Condition #22 was created to provide a safe route for school children and parents to access Ocoee Crown Point Parkway. At the time, Ocoee Apopka Road did not contain a sidewalk on the western side of the road. Upon development of The Vineyards subdivision, a sidewalk was installed along Ocoee Apopka Road with a connection to Ocoee Crown Point Parkway. Condition #37 reiterates Ocoee Land Development Code Article 6 Section 6 -10 that has been contained in the Land Development Code since its inception in 1992. Section 6 -10 states: Street Trees The developer shall plant, within five (5) feet of the right -of -way of each street within a residential development, one (1) shade tree for every fifty (50) linear feet of right -of -way. Except where property on one side of the right -of -way is not owned by the developer, the trees shall be placed alternately on either side of the street. Existing trees and native tree species that need less water and maintenance are preferred. Trees planted pursuant to this section shall be selected from the approved list of trees and shall have a minimum overall height of ten (10) to fifteen (15) feet at the time of planting. The Staff Forester should be consulted in selecting appropriate tree species and planting procedures. Existing tree species and native tree species that are drought tolerant and relatively maintenance free, are preferred. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission meeting was held on August 13, 2013. After discussion of the issues, the Planning and Zoning Commission voted to recommend that the condition of approval #22 be removed. A second vote was taken on the tree issue and the Planning and Zoning Commission voted to recommend not to amend condition #37 unless the Westyn Bay HOA and staff can work out an agreement. RECOMMENDATION: Based on the recommendation of the Planning & Zoning Commission and the agreement worked out with staff, staff does not object to the request to remove condition of approval #22. Staff further does not object to the removal of condition #37 based on the following conditions: a) The City is provided a list of all lots electing to keep the street tree, b) The City is provided a list of all lots electing to relocate or replant coordination, c) Trees shall be replanted at a location suitable to the HOA, d) The phasing of tree removal is done over a minimum of two years phases. Attachments: Location Map Letter from HOA Attorney Approved Final Subdivision Plan Plat Ariel Map a tree in the front yard for further beginning with the older developed 2 Financial Impact: None None Type of Item: (please mark with an `x') X Public Hearing Ordinance First Reading _For Clerk's Dept Use: Ordinance Second Reading Consent Agenda Resolution Public Hearing X Commission Approval Regular Agenda Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. N/A Reviewed by () N/A N/A 3 Westyn Bay Subdivision (FKA West Groves) Location Map LAKE APOPKA - I i eI - - lit =� = -� I i =- I ��- - -J T - s Fuller 1 r� JAMES A. GLISTINO, P.A. MAY 2 0 2}13 May 16, 2013 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention Sherry Seaver Re: Westyn Bay Community Association, Inc. — Request for- Amendments to Final Subdivision Plan and Development Agreement Dear Ms. Seaver: The undersigned counsel represents Westyn Bay Community Association, Inc. ( "Westyn Bay ") in presenting this request for amendments to that certain Development Agreement entered into by and between Tom West, Inc., Tom West, individually and as Trustee, South Apopka Citrus Fruit Company and the City dated June 5, 2001 and recorded on June 26, 2001 in Official Records Book 6289, Page 4193, as assigned to West Groves Venture L.L.L.P. pursuant to that certain Assignment Transferring Entitlements executed by South Apopka Citrus Fruit Company, Tom West, Inc. and Tom West, Trustee, to and in favor of West Groves Venture L.L.L.P. dated as of July 27, 2001, as assumed by West Groves Venture L.L.L.P. pursuant to that certain Assumption of Development Agreement executed by West Groves Venture L.L.L.P. dated as of July 27, 2001, and recorded on February 20, 2003 in Official Records Book 6795, Page 4960, and as amended by that certain First Amendment to Development Agreement dated as of June 5, 2003 and recorded on June 23, 2003 in Official Records Book 6966, Page 2474, all of the Public Records of Orange County, Florida (the "Development Agreement ") and the approved West Groves Final Subdivision Plan for Phases 1, 2 & 3 (the "Final Subdivision Plan "). Specifically, Westyn Bay requests the deletion of conditions 22 and 37 in both the Development Agreement and in the Final Subdivision Plan. Condition 22 in the Development Agreement and the Final Subdivision Plan prescribes an easement through the gated Westyn Bay community for pedestrian and bicycle- riding purposes over the privately owned roads and sidewalks of Westyn Bay in favor of "all students and their parents /supervisors traveling to and from schools." Condition 37 in the Development Agreement and the Final Subdivision Plan prescribes that a street tree shall be planted in front of each single family lot between the sidewalk and the curb (with two such trees required on all corner lots). I. Proposed Deletion of Condition 22 (Eas_ ement) In order to give effect to the easement prescribed by Condition 22, Westyn Bay's developer constructed a gate that is opened during the required hours to allow access through the Westyn Bay community to the students and parents of the neighboring Vineyards community. Although this certainly made sense at the time since the students of the Vineyards community had no safe, public sidewalks on which to travel to school when Condition 22 was adopted, that is no longer the case. The students (and their parents /supervisors) now have a safe and practical way to travel to the neighborhood area schools (via public sidewalks) that does not require the intrusion into, and unnecessary expense to, the Westyn Bay community. Westyn Bay's residents wish to maintain the integrity of their private gated community, and elimination of the aforementioned easement condition would allow them to realize that goal. Additionally, the existence of the easement gate has created a number of serious problems for Westyn Bay. Trespassing through the gate into the community is rampant and this has led to the use of Westyn Bay's private amenities by non- residents — notwithstanding the explicit prohibition of this in Condition 22. Additionally, the gate has been subject to repeated vandalism when attempts have been made to lock it outside of the required hours, and it has proven costly to maintain. If the city approves removal of the gate, ' he Westyr, Bay Community Association intends to remove both the gate and the associated PVC fencing and erect a block wall trimmed and painted in the same fashion as similar walls in the community. 2. Proposed Deletion of Condition 37 (Street t_ T_ lees) Unfortunately, adoption of the street tree requirement has created serious unintended consequences for Westyn Bay that counsel its elimination. Specifically, since the area between the curb and the sidewalk is quite narrow, the trees, which at the urging of the city at the time are almost all live oaks, tend to wreak significant destruction to sidewalks and underground pipes re they grow and mature. Milling the buckled sidewalks alone costs Westyn Bay approximately as $300.00 per incident, and this is only a temporary fix (and an unsightly one at that). This maintenance problem will only become more serious and costly over time for Westyn Bay given the number of these street trees (approximately 700) and the extreme root growth for which live oak trees are known as they mature. There are documented cases of other homeowner's associations in the area that have suffered over $200,000 in damage from such trees Aside from the enormous maintenance cost to Westyn Bay over time, the constant buckling of sidewalks by these growing street trees creates a huge legal liability for Westyn Bay from potential trip and fall incidents. Humbly put, Westyn Bay cannot afford this street tree requirement. Westyn Bay maintains extensive conservation areas, lush landscaping of Westyn Bay Blvd., and appreciates the significant value trees impart to a community. Westyn Bay shall continue to require that each improved lot have a minimum of three (3) trees, and will offer homeowners the option to relocate their street trees onto a more suitable placement area on their property. If the homeowners already have three (3) trees and are not interested in replanting the street tree on their property, Westyn Bay will gladly offer these trees to the City of Ocoee or other residents of the City of Ocoee. Westyn Bay also shall offer each homeowner the option to keep the street trees where they are at present provided that the homeowner signs an agreement assuming sole and exclusive responsibility for any damages caused by that tree. Westyn Bay also requests that a single permit be issued to it at no cost to effect the removal and relocation of the street trees, which we understand is agreeable to City staff. Thank you for your time and attention to the foregoing amendment requests. Westyn Bay understands that the proposed amendment of the Developer's Agreement requires Commission action only, but that the amendment of the Final Subdivision Plans requires a public hearing (for which it is prepared to pay the associated legal advertising costs). We look forward to hearing back from you earliest convenience. Thank you Respectfu ) submitted, i James A. 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NOTICE OF PUBLIC HEARING WESTYN BAY PRELIMINARY�INAL SUBDIVISION PLAN AND DEVELOPMENT AGREEMENT AMENDMENT LS -2000 -002 TICE IS HEREBY GIVEN. pursuant to Sec- Code, that an 1ULWAY, WILM131:I11 1, LUIS, at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the petition from the Westyn Bay Community Association, Inc. to amend the Preliminary /Final Subdivi- sion Plan and Development Agree- ment for the Westyn Bay Subdivision. The amendments consist of 1) Condi- tion #22 - removing a pedestrian ac- cess gate and easement; and, 2) Con- dition N37 - consideration of the remov- al of street trees within the develop- ment. The subdivision is located on Ocoee Crown Point Parkway. Interested parties may appear at the Public hearing and be heard with re- spect to the proposed actions. The complete case file, including a com- p1ete legal description by metes and bounds, may be inspected at the Ocoee Community Development Department, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except legal holidays. The City Commission may continue the public hearings to other dates and times, as it deems necessary. Any in- terested party shall be advised that the dates, times, and places of any continuation of these or continued Pub- lic hearings shall be announced during the hearings and that no further no- tices regarding these matters will be published. You are advised that any person who desires to appeal any deci- sion made during the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbatim record of the pro- ceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with dis- abilities needing assistance to Partici- pate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. COR3253006 9/5/2013 O rla ndo Sentinel Published Da'liy tate of f toriba S.S. COUNTY OF OPANGE Before the undersigned authority personally appeared Tamela Vargas who on oath says that he /she is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published at Orlando in Orange County, Florida; that the attached copy of advertisement, being a Public Hearing in the matter of Sept. 17 (aD 7:15PM - LS- 2000 -002 In Orange County was published in said newspaper in the issue; of 09/05/13 Affiant further says that the said Orlando Sentinel is a newspaper published at Orlando in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, daily and has been entered as second -class mail matter at the post office in Orlando in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he /she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertis ment for publicatio in the said newspaper. Cam✓ The foregoing instrument was acknowledge before this 05 day of September 20 by Tamela Vargas o is personally known to me and w did take an oatfi. DEBORAH M. TONEY — Y ` UBLID TATE OI- FLORIDA rra�B DDR38521 E "oi S 11/1812013 CITY OF OCOEE NOTICE OF PUBLIC HEARING WESTYN BAY PRELIMINARY /FINAL SUBDIVISION PLAN AND DEVELOPMENT AGREEMENT AMENDMENT LS -2000 -002 NOTICE IS HEREBY GIVEN, pursuant to Sec- tion 3 -2G5, Ocoee Land Development Code, that on TUESDAY. SEPTEMBER 17, 2013, at 7:15 p.m., or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the Ocoee City Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the petition from the Westyn Bay Community Association, Inc. to amend the Preliminary /Final Subdivi- sion Plan and Development Agree- ment for the Westyn Bay Subdivision. The amendments consist of 1) Condi- tion 922 - removing a pedestrian ac- cess gate and easement; and, 2) Con- dition 937 - consideration of the remov- al of street trees within the develop- ment. The subdivision is located on Ocoee Crown Point Parkway. Interested parties may appear at the Public hearing and be heard with re- spect to the proposed actions. The complete case file, Including a com- plete legal description by metes and bounds, may be inspected at the Ocoee Community Development Department, 150 North Lakeshore Drive, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 P.m., Monday through Friday, except legal holidays. The City Commission may continue I he public hearings to other dotes and times, as it deems necessary. Any in- terested Porty shall be advised that the dates, times, and places of any continuation of these or continued Pub- lic hearings shall be announced during the hearings and that no further no- tices regarding these matters will be published. You are advised that any person Who desi res 10 appeal any deci- sion made during the public hearings will need a record of the proceedings and for this purpose may need to en- sure that a verbolim record of the Pro- ceedings is made which includes the testimony and evidence upon which the 0Ppeal is based. Persons with dis- obilities needing assistance to partici- pate in any of the proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at (407) 905 -3105. COR1253006 9/5/2013 Order# 1253006