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HomeMy WebLinkAboutItem #12 Resolution Vacating Plat Notes - Villages of Wesmere t J ocoee florida AGENDA ITEM COVER SHEET Meeting Date: October 18, 2016 Item # /a D. Reviewed By: Contact Name: Mike Rumer, City Planner Department Director: Contact Number: 407-905-3100 x 1018 City Manager: Subject: Approval of Resolutions Vacating the Note on Plats for Villages of Wesmere, Villages of Wesmere Phase 2, and Villages of Wesmere Phase 3, and amending the associated condition of approval, relating to pedestrian and bicycle access across private streets and sidewalks to access the school Commission District# 3 — Richard Firstner Background Summary: On August 21, 2007, the City Commission approved the Plat for Villages of Wesmere. The Phase 2 Plat was approved by the City Commission on May 17, 2011, and the Phase 3 Plat was approved on September 18, 2012. As a Condition of Approval, each Plat, as well as the Development Agreement for the Villages of Wesmere PUD, contained a Plat Note requiring that an easement for the use of pedestrians and bicycles be retained over the paved streets and sidewalks within the Villages of Wesmere. The purpose of the easement is to allow all students and their parents/supervisors to travel to and from the public school located nearby. The condition further requires that the private streets within the Villages of Wesmere remain open 90 minutes before schools open and 90 minutes after the schools close each day the schools are open for use. To facilitate this requirement, the Village of Wesmere Homeowner's Association (HOA) installed five pedestrian gates in the community. On August 17, 2016, the City of Ocoee received a letter from HOA President Thomas Biamonte requesting that this requirement and condition be removed so that the community can lock the pedestrian gates 24 hours a day. The reason for the HOA request is concern with HOA liability for adults and students on the HOA property and increased loitering within the community by non-residents. A precedent for this action was established with the vacating of a similar comment on the plat for the Westyn Bay Subdivision. The appropriate method by which to remove a Plat Note is to vacate the note following a public hearing. Therefore, staff has presented for public hearing the proposed resolutions vacating the Plat Note on each of the three Villages of Wesmere plats and to remove the requirement from the Conditions of Approval for Villages of Wesmere PUD. Each Resolution will be recorded once it is approved. Issue: Should the Mayor and Commission adopt the Resolutions vacating the Plat Note relating to allowing pedestrian and bicycle access over all internal roadways, sidewalks, and pedestrian easement areas as shown on the Plat and removing the Condition of Approval requiring this Plat Note? Recommendation: Staff recommends the Mayor and Commission adopt the Resolutions vacating the Plat Note relating to allowing pedestrian and bicycle access over all internal roadways, sidewalks, and pedestrian easement areas as shown on the Plat and removing the Condition of Approval requiring this Plat Note. Attachments: Resolutions (three Resolutions) Letter from Villages of Wesmere HOA President Thomas Biamonte Financial Impact: N/A Type of Item: (please mark with an "x") x Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading —K Public Hearing x Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 11 ON THE VILLAGES OF WESMERE PLAT RECORDED AT PLAT BOOK 70, PAGE 9, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, upon receipt of the application of Villages of Wesmere Homeowner's Association, requesting that the City Commission of the City of Ocoee, Florida, vacate NOTE 11 of the Villages of Wesmere Plat filed at Plat Book 70, page 9, Public Records of Orange County, Florida ("Plat"), relating to the public's interest in pedestrian and bicycle access over all internal roadways, sidewalks, pedestrian easement areas shown on said Plat and other related facilities in favor of all students, parents, supervisors, or guardians traveling to and from schools as stated in the plat note, this item was duly presented to the City Commission at its meeting on October 18, 2016; and WHEREAS, it appears that the Village of Wesmere Homeowner's Association is the fee simple owner of the above-described property and the vacation of said plat will not affect the ownership or right of convenient access of persons owning property in said subdivision; and WHEREAS, it appears that all state and local taxes due on and owning on said property have been paid, that due and property notice of petitioner's intention to apply to vacate said note on the plat has been given as required by law, and proof of publication of said notice has been filed with the application; and WHEREAS, vacation of NOTE 11 on said Plat is proper. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, following a public hearing on October 18, 2016, the above described NOTE 11 be vacated, and it is FURTHER RESOLVED that the associated Condition of Approval 66, for Villages of Wesmere PUD, which was first approved by the City Commission as the Villages of Wesmere Townhomes on April 11, 2006, and was later approved by the City Commission on November 19, 2010, in the Development Agreement recorded at Official Records Book 10139, page 7991, Public Records of Orange County, Florida, and as may be amended from time to time, shall also be amended to strike the requirement that, "Each subdivision Plat (or separate document) shall include an easement for pedestrian and bicycle-riding purposes over the paved streets and sidewalks in favor of all students and their parents/supervisors traveling to and from schools. The easements shall restrict access to the time in which the public schools are open for use by students (90 minutes before, and 90 minutes after the schools are open for use by students)" and it is FURTHER RESOLVED that a certified copy of this Resolution will be recorded in the public records of Orange County, Florida. ADOPTED this 18th day of October, 2016. Signed, sealed and delivered in the CITY OF OCOEE Presence of: By: Print Name: Rusty Johnson, Mayor Print Name: ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA: COMMISSION IN A MEETING HELD APPROVED AS TO FORM AND ON , 2016, UNDER LEGALITY this day of ITEM NO. , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County foresaid to take acknowledgements, personally appeared, RUSTY JOHNSON, and MELANIE SIBBITT, personally known to me to be the Mayor and acting City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2016. Signature of Notary Name of Notary(typed, printed or stamped) Commission Number(if not legible on seal): My Commission expires (if not legible on seal): RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 13 ON THE VILLAGES OF WESMERE PHASE 3 PLAT RECORDED AT PLAT BOOK 77, PAGE 150, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, upon receipt of the application of Villages of Wesmere Homeowner's Association, requesting that the City Commission of the City of Ocoee, Florida, vacate NOTE 13 of the Villages of Wesmere Phase 3 Plat filed at Plat Book 77, page 150, Public Records of Orange County, Florida, relating to the public's interest in pedestrian and bicycle access over all internal roadways, sidewalks, pedestrian easement areas shown on said Plat and other related facilities in favor of all students, parents, supervisors, or school invitees traveling to and from schools as stated in the plat note, this item was duly presented to the City Commission at its meeting on October 18, 2016; and WHEREAS, it appears that the Village of Wesmere Homeowner's Association is the fee simple owners of the above-described property and the vacation of said plat will not affect the ownership or right of convenient access of persons owning property in said subdivision; and WHEREAS, it appears that all state and local taxes due on and owning on said property have been paid, that due and property notice of petitioner's intention to apply to vacate said note on the plat has been given as required by law, and proof of publication of said notice has been filed with the petition; and WHEREAS, vacation of NOTE 13 on said Plat is proper. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, following a public hearing on October 18, 2016, the above described NOTE be vacated, and it is FURTHER RESOLVED that the associated Condition of Approval 66, for Villages of Wesmere PUD, which was first approved by the City Commission as the Villages of Wesmere Townhomes on April 11, 2006, and was later approved by the City Commission on November 19, 2010, in the Development Agreement recorded at Official Records Book 10139, page 7991, Public Records of Orange County, Florida, and as may be amended from time to time, shall also be amended to strike the requirement that, "Each subdivision Plat (or separate document) shall include an easement for pedestrian and bicycle-riding purposes over the paved streets and sidewalks in favor of all students and their parents/supervisors traveling to and from schools. The easements shall restrict access to the time in which the public schools are open for use by students (90 minutes before, and 90 minutes after the schools are open for use by students)" and it is FURTHER RESOLVED that a certified copy of this Resolution will be recorded in the public records of Orange County, Florida. ADOPTED this 18th day of October, 2016. Signed, sealed and delivered in the CITY OF OCOEE Presence of: By: Print Name: Rusty Johnson, Mayor Print Name: ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA: COMMISSION IN A MEETING HELD APPROVED AS TO FORM AND ON , 2016, UNDER LEGALITY this day of ITEM NO. . , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County foresaid to take acknowledgements, personally appeared, RUSTY JOHNSON, and MELANIE SIBBITT, personally known to me to be the Mayor and acting City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2016. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number(if not legible on seal): My Commission expires(if not legible on seal): RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 14 ON THE VILLAGES OF WESMERE PHASE 2 PLAT RECORDED AT PLAT BOOK 75, PAGE 88, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, upon receipt of the application of Villages of Wesmere Homeowner's Association, requesting that the City Commission of the City of Ocoee, Florida, vacate NOTE 14 of the Villages of Wesmere Phase 2 Plat filed at Plat Book 75, page 88, Public Records of Orange County, Florida ("Plat"), relating to the public's interest in pedestrian and bicycle access over all internal roadways, sidewalks, pedestrian easement areas shown on said Plat and other related facilities in favor of all students, parents, supervisors, educators, or school invitees as stated in the plat note, this item was duly presented to the City Commission at its meeting on October 18, 2016; and WHEREAS, it appears that the Village of Wesmere Homeowner's Association is the fee simple owner of the above-described property and the vacation of said plat will not affect the ownership or right of convenient access of persons owning property in said subdivision; and WHEREAS, it appears that all state and local taxes due on and owning on said property have been paid, that due and property notice of petitioner's intention to apply to vacate said note on the plat has been given as required by law, and proof of publication of said notice has been filed with the petition; and WHEREAS, vacation of NOTE 14 on said Plat is proper. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, following a public hearing on October 18, 2016, the above described NOTE be vacated, and it is FURTHER RESOLVED that the associated Condition of Approval 66, for Villages of Wesmere PUD, which was first approved by the City Commission as the Villages of Wesmere Townhomes on April 11, 2006, and was later approved by the City Commission on November 19, 2010, in the Development Agreement recorded at Official Records Book 10139, page 7991, Public Records of Orange County, Florida, and as may be amended from time to time, shall also be amended to strike the requirement that, "Each subdivision Plat (or separate document) shall include an easement for pedestrian and bicycle-riding purposes over the paved streets and sidewalks in favor of all students and their parents/supervisors traveling to and from schools. The easements shall restrict access to the time in which the public schools are open for use by students (90 minutes before, and 90 minutes after the schools are open for use by students)" and it is FURTHER RESOLVED that a certified copy of this Resolution will be recorded in the public records of Orange County, Florida. ADOPTED this 18th day of October, 2016. Signed, sealed and delivered in the CITY OF OCOEE Presence of: By: Print Name: Rusty Johnson, Mayor Print Name: ATTEST: Melanie Sibbitt, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA: COMMISSION IN A MEETING HELD APPROVED AS TO FORM AND ON , 2016, UNDER LEGALITY this day of ITEM NO. . , 2016. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County foresaid to take acknowledgements, personally appeared, RUSTY JOHNSON, and MELANIE SIBBITT, personally known to me to be the Mayor and acting City Clerk, respectively, of the City of Ocoee, Florida, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2016. Signature of Notary Name of Notary (typed, printed or stamped) Commission Number(if not legible on seal): My Commission expires (if not legible on seal): Village of Wesmere HOA 2200 Water Tupelo Road Ocoee, FL 34761 August 14,2016 City of Ocoee 150 North Lakeshore Drive Ocoee,FL 34761 City of Ocoee, The Village of Wesmere Home Owners Association board members request to keep the five pedestrian gates in the community locked 24 hours per day.This includes the gates off Maguire Road,Tomyn Boulevard and near Westbrooke Elementary School.Outside pedestrian traffic through the community to access Westbrooke Elementary School presents liability on the Village of Wesmere HOA for any student or adult on the property. In some limited cases,non-residents have loitered in the HOA common areas without resident's approval. Village of Wesmere HOA requests that the City of Ocoee amend the Plat note relating to the public access to the school and requesting the City take steps to vacate the public access to the school site. Village of Wesmere HOA also requests the City of Ocoee amend the relevant Condition of Approval. Please note that the plat note is included on the Villages of Wesmere Plat,as well as the Phase 2 and the Phase 3 Villages of Wesmere Mat. Please contact the Village of Wesmere HOA if you have any questions. Thank you. Thomas Biamonte Village of Wesmere HOA President vow.tomPemail.com 407-619-2432 COPY OF ADVERTISEMENT Date Published and Media Name 2B The West Orange Times Thursday,October 6 2016 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC BEARING VILLAGES OF WESMERE RESOLUTIONS VACATING PLAT NOTES& AMENDING CONDITION OF APPROVAL NOTICE IS HEREBY GIVEN,that on TUESDAY,OCTOBER 18,2016,AT 7:15 P.M.or as soon thereafter as practical,the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commission Chambers,150 North Lakeshore Drive,Ocoee,Florida,to consider three resolutions vacating plat notes and amending a Condition of Approval regarding the access of pedestrians and bi- cycles for the Villages of Wesmere Subdivision.The Villages of Wesmere Subdivision is generally located on the east side of Maguire Road and just south of the Turnpike overpass. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 11 ON THE VILLAGES OF WESMERE PLAT RECORDED AT PLAT BOOK 70,PAGE 9,PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA; AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABIL- ITY;PROVIDING AN EI'FECTIVE DATE. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 13 ON THE VILLAGES OF WESMERE PHASE 3 PLAT RE- CORDED AT PLAT BOOK 77,PAGE 150,PUBLIC RECORDS OF OR- ANGE COUNTY,FLORIDA;AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABILITY;PROVIDING AN El.rNCTTVE DATE. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, VACATING NOTE 14 ON THE VILLAGES OF WESMERE PHASE 2 PLAT RE- CORDED AT PLAT BOOK 75,PAGE 88,PUBLIC RECORDS OF OR- ANGE COUNTY,FLORIDA;AMENDING CONDITION OF APPROVAL REQUIRING PLAT INCLUDE SAID EASEMENT; PROVIDING FOR SEVERABILTTY;PROVIDING AN EF1'LCTTVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed annexation.The complete case file,including a complete legal description by metes and bounds,may be inspected at the Ocoee Planning Department located at 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 Ocoee City Commis- sion may continue the public hearing to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times,and places of any continu- ation of these or continued public bearings shall be announced during the hearing and no further notices regarding these matters will be published.You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a ver- batim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's Office 48 hours in advance of the meeting at(407)905-3105. October 6,2016 16-04657W