HomeMy WebLinkAboutItem #13 Eagles Landing Final Sub. Plan
AGENDA ITEM STAFF REPORT
Meeting Date: December 5,2006
Item # 13
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Contact Name:
Contact Number:
Antonio Fabre, AICP
407 -905-3100/1019
Reviewed By:
Department Director:
City Manager:
Subject: Eagles Landing
Final Subdivision Plan
Project # LS-04-025
Commission District # 1 - Gary Hood
Issue:
Should the Honorable Mayor and City Commissioners approve the Final Subdivision Plan for Eagles
Landing?
Backaround Summary:
The property is located on the west side of Ocoee-Apopka Road approximately 2,000 feet north of the West
Road intersection. The property encompasses approximately 46.35 acres of land of which approximately
4.61 acres are designated as wetland/conservation to be dedicated to the City. This conservation area
adjoins and connects to a series of other conservation/wetlands already dedicated to the City. The FSP also
provides protection for an existing eagle's nest. The subject property is currently undeveloped and is
covered with a small variety of trees of which a majority consists of planted pine trees. It should be noted that
the applicant intends to harvest the planted pines prior to development.
The Future Land Use designation is "Low Density Residential" which allows up to 4 dwelling units per acre.
The surrounding land use to the north is developed as ForestBrook Phase One single-family residential
subdivision, zoned R-1AA; to the west is Westyn Bay single-family residential, zoned R1-AA; and to the
south is the Vineyards single-family residential subdivision, zoned R1-AA.
On August 3, 2004, the City Commission reviewed and approved the Preliminary Subdivision Plan (PSP) for
Eagles Landing as presented. The Final Subdivision Plan as presented is consistent with the Preliminary
Subdivision Plan as approved.
DISCUSSION:
The Final Subdivision Plan proposes 105 single-family residential lots on approximately 46.35 acres. The
property is zoned R-1AA requiring a minimum lot width of 75 feet and lot size of 9,000 SF. Eagles Landing
will be developed in three (3) phases. The first phase will incorporate Westyn Bay Boulevard infrastructure.
This will facilitate the extension of Westyn Bay Boulevard to meet with the Westyn Bay Phase 4 & 5
subdivision improvement plans.
As shown on the Final Subdivision Plan, Westyn Bay Boulevard is planned to be extended through the
proposed subdivision and connect to Westyn Bay Phase 4 & 5 subdivision. There will only be one main
entrance gate on the north side for both subdivisions (Eagles Landing and Westyn Bay Phase 4 & 5). Along
with the usual infrastructure improvements, the property owner will provide additional road right-of-way (Tract
"0" - 35 feet) for Ocoee-Apopka Road widening and turn lanes improvements on Ocoee-Apopka Road and
Westyn Bay Boulevard.
There will be a 6-foot brick wall within a 10-foot wide landscape wall easement with appropriate landscaping
along the full length of Ocoee-Apopka Road fronting the proposed subdivision. From the intersection of
Ocoee-Apopka Road and Westyn Bay Boulevard to the entrance to the subdivision on Westyn Bay
Boulevard there will be a 6-foot high masonry wall within a 10-foot landscape wall easement that will match
the Westyn Bay wall design scheme. The entrance subdivision sign on Westyn Bay Boulevard will read,
"Eagles Landing at Westyn Bay."
The Developer of Eagles Landing is coordinating the utilities, road connection and the use of the community
meeting room with the developer of Westyn Bay single-family subdivision, adjacent to the west. These
arrangements between Eagles Landing and Westyn Bay are promulgated in a recorded Development
Agreement.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) reviewed the Eagles Landing Final Subdivision Plan on October
26, 2006. There were a few minor issues to be addressed from the Planning Division, City Attorney's Office
and from the Engineering Department that were identified in written staff comments and presented verbally.
All of the issues were discussed and changes to the Plan were agreed upon. Further discussions occur on
the timing and construction of Westyn Bay Boulevard to facilitate access to the proposed Westyn Bay Phase
4 & 5 subdivision.
The applicant was also made aware of the concerns that Staff has concerning the magnitude and height of
the proposed retaining wall along Ocoee-Apopka Road. Specifically, how much effective rear-yard
(swimming pools, screen enclosures, sheds, etc.) area would remain for lots backing into this proposed
retaining wall. Staff notified the applicant to provide detail drawings that clearly illustrates the rear-yard
dimensions and the actual effective rear-yard area compared with the highest portion of the retaining wall.
Finally, it was agreed that the structural integrity of the retaining walls will be deferred to the building permit
review process. Accordingly, the City Attorney recommended that two Conditions of Approval affecting the
retaining wall should be incorporated in the Final Subdivision Plan.
When the discussion was finished, the Committee voted unanimously to recommend approval of the Final
Subdivision Plan, subject to incorporating the two (2) COAs into the plans and making the changes agreed
upon at the DRC meeting.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed Eagles Landing Final Subdivision Plan on
November 14, 2006. City Staff and the Applicant answered several questions regarding location,
conservation/wetland parcels, subdivision entrance and the Westyn Bay Boulevard extension including how it
will connect with Westyn Bay Phase 4 & 5 subdivision. All of the questions were addressed adequately in the
P&Z meeting. There was no one from the public to speak regarding this subdivision approval.
The P&Z Commissioners commented on the height of the retaining wall and the need for additional soil
borings along the location of the retaining wall to ensure its integrity. The Applicant stated that additional soil
analysis was already in the works for the structural engineering design. The P&Z Commissioners also raised
concerns about the safety factor of the brick privacy wall along Ocoee-Apopka Road due to its high elevation
compared to the proposed homes. It was discussed that some type of barricade would be warranted to
prevent vehicles from crashing into the wall. The Applicant believes that the Orange County improvement
plans already calls for a barricade railing along that portion of the roadway.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Final Subdivision Plan for Eagles Landing Subdivision, as date stamped received by the City
on November 3, 2006, subject to incorporating the two (2) COAs mentioned above at the DRC meeting and
resolving the issues specified in the attached City Attorney's memorandum and the Engineering Department
comments before the City Commission meeting.
On November 27, 2006, revised Final Subdivision Plans were received by the City; however, some of the
comments still need to be addressed by the Applicant prior to City Commission consideration of the plan.
Staff Recommendation:
Based on the recommendation of the Planning & Zoning Commission, Staff recommends that the Mayor and
City Commissioners approve the Final Subdivision Plan for Eagles Landing Subdivision, as date stamped
received by the City on November 27, 2006, subject to resolving the issues specified in the attached City
Attorney's memorandum and the Engineering Department comments.
Attachments:
City Attomey's Memorandum dated November 8, 2006;
Engineering Department Comments dated November 6, 2006;
Location Map;
FLU Map;
Zoning Map;
Final Subdivision Plan date-stamped November 27,2006.
Financial Impact:
None.
Type of Item: (please mark with an "x')
x
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deot
Use:
Consent Agenda
_ Public Hearing
~ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
N/A
X N/A
N/A
O:\Staff Reports\2006\SR06062_AF _EaglesLanding_FSP _CC.doc
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Mavor
S. Scott Vandergrift
center of Good L .
~"{\.e It-i~
Commissioners
Gary Hood, District 1
Scott Anderson, District
Citv Manager
Ro bert Frank
Rusty Johnson, District 3
Joel F. Keller, District 4
2
Eagles Landing - LS-04-025
Large Scale Site Plan - 5th Staff Review
Engineering Department Comments
November 6,2006
The following are the results of your fifth submittal for the above referenced project received on
November 3,2006. If you have any questions pertaining to the requested information, please
contact our office.
1. Resolved
2. Resolved
3. Resolved
4. Resolved
5. Resolved
6. Resolved
7. Repeat Comment Please show the irrigation master meter(s) on the utility
sheet. If more than one meter is proposed, please state how many meters there will be
and provide the meter sizes. The connections for the common area irrigation need to
be shown on the utility sheets. The meter sizes and BFV details need to be detailed.
There are irrigation meters and backflows shown at the three common areas,
why is there an irrigation meter and backflow shown between lots #19 and #20?
8. Repeat Comment Please add a note on the plans that prior to any
underground excavation, the contractor will contact SSOCOF (Sunshine State One
Call Of Florida) to verify the location of underground utilities within right-of-ways
and private properties, (F.S. 556). Use the provided note in place of the revised
note #25.
9. Repeat Comment This comment is back because the previous comments
from the third review do not appear on this review set. The reuse main along
Westyn Bay Boulevard, Street A, Street C, and the portion of Street B from
Street C out to Ocoee-Apopka Road will be 8" in diameter.
10. Resolved
11. Resolved
12. Resolved
13. Resolved
14. Repeat Comment Please provide all documents, computations, etc. on the
stacked block wall along the eastern edge of the property that abuts the Ocoee-
Apopka Road ROW. Did this design take into consideration the future widening of
Ocoee-Apopka Road to a five lane section? The wall plans were sent to the City
consultant to review. Those comments will be forwarded when received. Approval
of the wall is conditioned on the design being approved by the City's Structural
Engineer and being issued a "Wall Permit" by the City of Ocoee Building
Department.
City of Ocoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504. www.cLocoee.f1.us
..
..
Additional Comments:
Resolved
Comments #7, #8, #9, and #14 can be corrected as the project moves through the P&Z
Review/Approval process. However comments #7, #8, and #9 will need to be resolved prior to
the City Commission Review/Approval process. Comment #14 as it relates to the design of the
wall should be resolved prior to the City Commission Review/Approval process.
Engineering Department
David A. Wheeler, P.E.
City Engineer
= FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0713
TO:
Carolyn Alexander, Development Review Coordinator
FROM:
Nicholas N. Palmer, Assistant City Attorney
DATE:
November 8, 2006
RE:
Eagles Landing Final Subdivision Plan Review
Project No. LS-04-025
(Fifth - (Quick) Review)
In connection with the above-referenced project, we have reviewed the following
documents:
1. Response Letter from June Engineering Consultants, Inc. dated November
3, 2006 and stamped received by the City of Ocoee on November 3, 2006 ("Response Letter");
and
2. Final Subdivision Plan for Eagles Landing stamped received by the City
of Ocoee on November 3, 2006 (the "Plan").
This memorandum supercedes our previous memoranda dated December 15, 2004, July
5,2005, January 12,2006 and October 9,2006. Based upon our review of the documents noted
above and pursuant to the Land Development Code, we have the following comments:
1. [Repeat Comment] We note that Section 3.5 of the Purchase Agreement
requires the Buyer to obtain consent from the Seller prior to using the name "Westyn Bay" in
any advertising, signage or other promotional media. Please provide documentation granting
such consent with your next submittal. The Response Letter indicates that the Purchase
Agreement is being revised per this comment. Please provide a copy of the amendment for
our review.
2. [Repeat Comment] Pursuant to Article III of the Purchase Agreement,
the Buyer is obligated to annex the property into the Westyn Bay Association. Please be advised
that each prospective purchaser of property within the Westyn Bay development should be
informed of such obligation. Please advise whether such disclosure is provided to each
prospective purchaser and, if so, please provide a description of how such information is
ORLA_ 426568.1
: FOLEY
FOLEY & LARDNER LLP
conveyed. As you are aware, this is an issue which residents of Westyn Bay have brought to the
attention of the City Commission. The Response Letter indicates that the Purchase
Agreement is being revised per this comment. Please provide a copy of the amendment for
our review.
3. Pursuant to discussion at the October 26, 2006 DRC meeting, please add
the following Conditions of Approval to the Plan:
. The Supplemental Declaration will provide for restrictive covenants to be placed
on the lots adjacent to the retaining wall along Ocoee-Apopka Road in order to
ensure the ability of the homeowners association to maintain such wall and
prohibit the construction of any structures that may undermine the structural
integrity of the retaining wall. The homeowners association will be responsible
for the maintenance and repair of the retaining wall.
. Prior to the pre-construction conference for Phases 2 and 3, a separate building
permit shall be required for the retaining wall and separate detailed plans shall be
submitted to the City in connection therewith for review and approval. The
retaining wall in Phase 3 may be constructed as part of Phase 2, subject to the
obtaining of such separate building permit.
4. Please be advised that the Amendment to the Purchase Agreement
addressing the construction of Westyn Bay Boulevard must be executed prior to City
Commission Consideration of the Plan. Please provide a copy of the fully executed document
for our review. Please note that the executed Amendment does not need to be provided prior to
Planning and Zoning Board consideration of the Plan, but will need to be provided prior to City
Commission consideration of the Plan.
5. Please be advised that the Access Easement Agreement and the
Supplemental Declaration referenced in Condition of Approval No. 51 will need to be recorded
prior to City Commission consideration of the Plan. Please be advised that all mortgage holders
will need to join in and consent to such documents prior to them being recorded. Please provide
copies of the recorded documents for our review. In addition, please provide a current title
certificate or attorney's title opinion (the "Title Report") showing the record title holder of the
land subject to the Access Easement Agreement and the Supplemental Declaration. Please note
that the Title Report must also show all mortgages not satisfied or released of record nor
otherwise terminated by law. The legal description(s) in the Title Report must match the legal
description(s) on the Access Easement Agreement and the Supplemental Declaration. Please
note that these items do not need to be provided prior to Planning and Zoning Board
consideration of the Plan, but will need to be provided prior to City Commission consideration of
tl1le"Plan.
Please do not hesitate to contact me should you have any questions.
cc: Paul E. Rosenthal, City Attorney
2
ORLA_ 426568.1
Eagles Landing FSP
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1 inch equals 800 feet
Printed: November 2006
C Subject Property
~ Unincorporated Territory
~ and Other Municipalties
_ Low Density Residential
_ Medium Density Residential
_ High Density Residential
_ Professional Offices and Services
_ Commercial
_ Light Industrial
_ Heavy Industrial
_ Conservation/Floodplains
_ Recreation and Open Space
_ Public Facilitiesllnstitutional
Lakes and Water Bodies
Eagles landing FSP
Future land Use Map
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Ocoee Community Development
Department
1 inch equals 800 feet
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Printed: November 2006
C Subject Property
~ Unincorporated Territory
~ and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
c.: Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
mil! Commercial (PUD)
1m! Low Density (PUD)
_ Medium Density (PUD)
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_ Public Use (PUD)
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Lakes and Water Bodies
Eagles Landing FSP
Zoning Map
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