Item #10a.b. Villages of Wesmere ire center of Good Lt
AGENDA ITEM STAFF REPORT
Meeting Date: March 1, 2011
Item # �a .
Reviewed By: �„
Contact Name: Antonio Fabre, AICP Department Director: '�
Contact Number: 407 - 905 - 3100/1019 City Manager:
Subject: Villages of Wesmere
Amended Preliminary/Final Subdivision Plan
Project # LS- 2010 -005
Commission District # 3 — Rusty Johnson
Background Summary:
The subject property is approximately 49.48 acres in size and is located on the southeast corner of the
intersection of Maguire Road and Tomyn Boulevard. It is currently known as the Villages of Wesmere
townhome community which was approved for 369 townhome units by the City Commission in 2006. On
November 16, 2010, the City Commission reviewed and approved a Land Use Plan and PUD (Planned Unit
Development) rezoning for the northern portion (40.60 acres) of the development. This PUD allows for a total
of 178 single - family detached homes to be built instead of the previously approved townhome units. The rest
of the development is zoned R -3 (Multi - Family Dwelling) which allows for townhomes as a permitted use.
The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction Future Land Use Zoning Classification Existing Land Use
North Commercial General Commercial (C -3) Vacant - approved for Lake Butler
Professional Campus
East Commercial General Commercial (C -3) Westbrooke Elementary School
South High Density R -3 (Multiple - family Villages of Wesmere townhomes
Residential dwelling)
West Low Density Residential R -1A (Single - family Single- family homes
dwelling, R -1AAA (Single -
family dwelling)
The Amended Preliminary /Final Subdivision Plan proposes 178 single - family residential Tots and 125
townhome units. The development plan layout has the townhomes on the southern portion of the site and to
the north the single - family portion. The townhomes are a mix of twenty 20 -foot and thirty 30 -foot wide units
with one and two story products. Each unit will have a two car garage with an additional space provided in
the driveway. Visitor parking is provided throughout the townhome portion of the site. All units will have clay
tile roofs and brick paver driveways. Currently, there are approximately 54 townhome units with associated
infrastructure which are completed and /or owner occupied. The minimum dwelling size for both the
townhomes and single - family is 1,200 square feet.
The single - family portion of the site proposes 40 -foot wide by 80 -foot deep (3,200 square foot) lots in a
Traditional Neighborhood Design (TND) concept. The cornerstone of the TND concept is the inclusion of
alleyways. During the review process, Staff suggested the applicant include alleyways as a way to enhance
the 40 -foot wide Tots that were proposed which would ultimately give the project a TND feel. The alleyways
are proposed to be contained within 20 -foot wide tracts that will be owned and maintained by the
homeowners association. The alleyway will be 12 -feet wide, which will only allow for one -way traffic. The
remaining 8 -feet of the alley tract will be grassed. The setbacks for the front loaded and alley loaded lots will
differ. For the front loaded units; a 20 -foot front setback, 5 -foot side setback, and 10 -foot rear setback will be
provided. For the alley loaded units; a 10 -foot front setback, 5 -foot side setback, and a 20 -foot rear setback
will be provided. The rear setback will be used as the entry and the units will be accessed from the alley. In
addition to the alleyways being owned and maintained by the homeowners association, all internal roadways
are private and owned and maintained by the homeowners association.
At this time, all internal roadways, access points, peripheral fencing and landscaping are essentially
completed. Existing access into the subject site will continue to be provided from the east side of Maguire
Road across from Wesmere Parkway and on the south side of the Tomyn Boulevard extension. It should be
noted that an adjustment to a small portion of the brick wall will need to be modified in order to accommodate
the single - family lots. Recreational amenities proposed include a clubhouse, swimming pool, tot lot, soccer
field and multi purpose fields. The developer intention is to begin construction of the amenities immediately
after it is properly permitted for construction. To this goal, there is a Condition of Approval to this effect with
specific performance dates on the plans.
The maximum permitted density per the Comprehensive Plan is 16 units per acre. The density of the single -
family portion of the development is proposed at 4.38 units per acre. The overall density of the entire
development is 6.12 units per acre thus being consistent with the adopted Comprehensive Plan designation
for the property. Moreover, the Amended Preliminary /Final Subdivision Plan as proposed is consistent with
the approved PUD Land Use Plan and the adopted Ocoee Land Development Code.
Issue:
Should the Honorable Mayor and City Commissioners approve of the Amended Preliminary /Final Subdivision
Plan for the Villages of Wesmere?
Development Review Committee Recommendation:
The Development Review Committee (DRC) reviewed the Villages of Wesmere Amended Preliminary /Final
Subdivision Plan on February 1, 2011. The DRC discussed the items in the review memorandums from the
Planning Department, Engineering Department and the City Attorney's office. The developer agreed to the
additional conditions of approval that were mentioned on the City Attorney memorandum and to address all
the minor technical engineering changes to the plans.
When the discussion was finished, the Committee voted unanimously to recommend approval of the
Amended Preliminary /Final Subdivision Plan, subject to making the changes agreed upon at the DRC
meeting before the Ocoee City Commission meeting.
Planning & Zoning Commission Recommendation:
The Planning and Zoning Commission reviewed the Villages of Wesmere Amended Preliminary /Final
Subdivision Plan on February 8, 2011. City Staff presented a brief overview of the project. City Staff and
the Applicant answered several questions regarding proposed dwelling sizes, time of construction for the
club house, visitors parking, Conditions of Approval and marketing of the single - family product. All of these
questions were adequately addressed in the P &Z meeting. There was no one from the public to speak
regarding this proposal.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to recommend
approval of the Amended Preliminary /Final Subdivision Plan for Villages of Wesmere, subject to resolving
the last remaining issues addressed at the DRC meeting before the Ocoee City Commission meeting.
Subsequent to the P &Z Commission meeting, the applicant/owner has resolved all outstanding
comments.
Staff Recommendation:
Based on the recommendation of the DRC and Planning & Zoning Commission, Staff recommends that the
Mayor and City Commissioners approve the Amended Preliminary/Final Subdivision Plan for Villages of
Wesmere.
Attachments:
Location Map;
Future Land Use Map;
Zoning Map;
Aerial Map;
Villages of Wesmere Amended Preliminary/Final Subdivision Plan, date stamped received by the City on February 15, 2011.
Financial Impact:
None.
Type of Item: (please mark with an `x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
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. X N/A
Reviewed by ( ) N/A
1
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BILL OF SALE
WASTEWATER SYSTEM
The CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150
North Lakeshore Drive, Ocoee, County of Orange, State of Florida, ( "City "), for and in
consideration of the sum of One Dollar ($1.00) and other valuable consideration paid to City by
WESMERE TOWNHOME ASSOCIATION, Inc., a Florida non - profit corporation, (the
"Association "), receipt of which is acknowledged by execution of this Bill of Sale, does hereby
grant, sell, transfer, convey, and deliver to the Association all pipes, lines, gate valves, valve
boxes, fittings, thrust blocks, hydrants, equipment, and other goods within the Villages of
Wesmere subdivision located beyond manhole 8 as shown on Sheet PP -2 of the Final
Subdivision Plan for Villages of Wesmere approved on April 11, 2006 that comprise the
wastewater system for the Villages of Wesmere subdivision (the "Improvements ") and located on
the following City easements or right -of -way as shown on the recorded drawings, more
specifically described as follows:
PROJECT: Villages of Wesmere as recorded in Orange County Records, Plat Book 70,
Page(s) 9.
The City conveys the Improvements "AS -IS /WHERE -IS" with no warranties or
representations. City hereby assigns, transfers and conveys to the Association any and all rights
against any and all firms or entities which may have caused latent or patent defects including, but
not limited to any and all warranties, claims and other forms of indemnification.
By execution of this instrument, the Association accepts the conveyance of the
Improvements and agrees to be responsible for the maintenance, operation and repair thereof.
Further, the Association agrees to indemnify and hold the City harmless from and against any and
all losses, costs, expenses, claims, damages, judgments, liabilities and matters, including
reasonable attorneys' fees and paralegal fees and costs incurred in enforcing this indemnity both
at trial and at appellate levels, relating to latent and patent defects or in any way relating to or
arising from this conveyance.
IN WITNESS WHEREOF, City and the Association have executed this Bill of Sale
effective , 2011.
ORLA 1684782.1
ORLA_1684782.1 -2-
Copy of Advertisement (that ran in the print media)
Date Published and Media Name
E?_ 'ric:-nce Ser i n d !auE d ; b fLA cry I 24.. t
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
VILLAGES OF WESMERE
AMENDED PRELIMINARY/FINAL
SUBDIVISION PLAN LS- 2010 -005
NOTICE IS HEREBY GIVEN, pursuant to Sec-
tion 4- 4G(1)(c)2, Ocoee Land Develop-
ment Code, that on TUESDAY, MARCH 1,
201, at 715 p.m., or as soon thereafter as
will hold PUBLICCHEARING a tOhM O c COMMISSION
City Commission Chambers, 150 North
Lakeshore Drive, Ocoee, Florida, to
consider the Villages of Wesmere
Amended Preliminary /Final Subdivi-
sion Plan located east of Maguire
' Road and south of Tomyn Boulevard.
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
Planning Department, 150 North Lake-
shore 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.
Beth Eikenberry, City Clerk
OLS1115411 2/17/2011
Item #10
Villages of Wesmere
Due to size, the plans are available in the
Clerk's Office.