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Item 16 Update on ForestBrooke Entry Gates AGENDA ITEM COVER SHEET Contact Name: Contact Number: Russ Wagner 407 -905-3100/1016 Meeting Date: April 5, 2005 Item # ~ lp /lJ.A Reviewed By: [;f'~I/Lk./ Department Director: Russ Wagner 1Le1f City Manager: -p -. , Subject: ForestBrooke Entry Gate Background Summary: At a recent City Commission meeting, residents of ForestBrooke Subdivision appeared to express concerns regarding the lack of swing gates at two of the entrances. Issue: Should the Mayor & City Commissioners approve the developer's proposal to install additional swing gates and fencing in ForestBrooke with an additional contribution by the City for installation of brick columns. Recommendations: Staff recommends the Mayor & City Commissioners approve the attached developer proposal to install additional swing gates and fencing in ForestBrooke with authorization of a City contribution of $2,500.00 from the MVP Grant funds for installation of decorative brick columns at the Jamber Drive entrance. Attachments: Proposal from Jay E. Folk, President, The Keewin Real Property Company, dated March 3, 2005. Financial Impact: $2,5000.00 MVP Grant Type of Item: D Public Hearing D Ordinance First Reading D Ordinance First Reading D Resolution [gI Commission Approval D Discussion & Direction For Clerk's Deof Use: D Consent Agenda D Public Hearing D Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney D N/A Reviewed by Finance Dept. Reviewed by ( ) D N/A D N/A City Mana2'er Robert Frank Commissioners Danny HowelL District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners ~ Russ Wagner, AICP, Community Development DirectorW March 17, 2005 FROM: DATE: RE: F orestBrooke Entry Gates ISSUE Should the Mayor & City Commissioners approve the attached developer proposal to install additional swing gates and fencing in ForestBrooke with an additional contribution by the City for installation of brick columns. BACKGROUND At a recent City Commission meeting, residents of ForestBrooke Subdivision expressed concerns regarding the lack of swing gates at two of the entrances leading into their subdivision. They were also concerned that decorative metal fencing was not extended to one of the entryways. At the direction of the Commission, staff was directed to meet with the developer to see if this situation could be resolved to the satisfaction of the residents. DISCUSSION At a follow-up meeting on February 28, 2005, Commissioner Anderson, City staff, the developer and the two subdivision builders met at City Hall. The history of the lift gates versus swing gates was reviewed. The developer generally believed that they had followed all City approved plans and never intended to install swing gates or the additional fencing. Commissioner Anderson stated that there were discrepancies in the plans, that the City Commission thought that swing gates were to be provided at all entryways, and that they expected the developer to follow through with their installation. After much debate, the developer and builders said they would review the situation and get back to the City with a response. On March 3, 2005, the developer met again with City staff and offered to resolve the issue by replacing the lift gates at the two secondary entryways with swing gates. He also agreed to extend the decorative fencing to the Jamber Drive (east) entrance to fill in the gap. (See attached letter from Jay Folk of Keewin Investments and Real Estate). The developer stated that he and the two builders were sharing in the cost of these improvements to resolve any misunderstandings and as a good faith attempt to benefit the residents of ForestBrooke. In an effort to ensure that the gates on the Jamber Drive entry were constructed to look like those at Farland Drive (west) entrance, City staff suggested that the HOA apply for an MVP Grant ($2,500.00) to install brick columns to further enhance the entry. The developer indicated that he would be willing to add this feature for that amount. STAFF RECOMMENDATION Staff respectfully recommends that the Mayor and City Commissioners approve the attached developer proposal to install additional swing gates and fencing in ForestBrooke with authorization of a City contribution of $2,500.00 from the MVP Grant funds for installation of decorative brick columns at the Jamber Drive entrance. Attachments: Proposal from The Keewin Real Property Company O:\Staff Reports\2005\SR050 18_ R W]orestBrooke Entry Gate _ CC.doc o o JK~ INVESTMENTS AND REAL ESTATE o o March 3, 2005 Hand Delivered Mr. Russell B. Wagner City of Ocoee Director of Planning 150 N. Lakeshore Drive Ocoee, Florida 34761-2258 Dear Russ: In response to our meeting with Commissioner Scott Anderson, on February 8,2005, we propose in cooperation with DR Horton Homes and Engle Homes the follO\ving improvements to the ForestBrooke Subdivision: 1) At the secondary entrance on Farland Drive, located on the west side ofOcoee Apopka Road, we will replace the lift gates with swing gates, similar in design to the front entrance gates. This gate will be accessible only by residents of F orestBrooke. 2) At the secondary entrance on J amber Drive, located on the east side of Ocoee Apopka Road we will replace the lift gates with swing gates, similar in design to the front entrance gates, however, there will be no brick columns. This gate will be accessible only by residents of ForestBrooke. 3) At the secondary entrance on Jamber Drive, we will install a metal fence similar to the existing metal fence, without brick columns, from the gate along the east and south lot line of Lot 23, to converge with the existing fence on the southern portion of the retention pond. III addition we will install th~ Smut; [t:m;;;: Ii'Oill the gate along the western portion of lot 22 to the curve at the SW corner of lot 22. On both the west and east sides of this gate, we will install a pedestrian gate. To this date, we have constructed all improvements to ForestBrooke as approved by the City of Ocoee in accordance with the approved final construction plans from all three phases. This change in lift gates to swing gates and the additional fencing is not a requirement of our approved subdivision plan but in a good faith effort we feel these additions benefit the residents of ForestBrooke and the City of Ocoee. THE KEEwIN REAL PROPERTY COMPANY 1031 WEST MORSE BOULEVARD. SUITE 325. WINTER PARK, FLORIDA 32789 TELEPHONE: 407.645.4400 FASCIMILE: 407.645.0340 BROKER "Growing and Developing With Central Florida Since 1978" "iA==,.,E UtUlER5 nON In order to proceed with this additional expenditure, we request the following from the City of Ocoee: 1) Expedite the approval process for the proposed swing gates and fencing. 2) Allow the issuance of building permits for homes in Phase III of the subdivision. 3) Upon obtaining a Certificate of Completion for Phase III, posting all required bonds, and completion of the improvements stated above, the City will issue Certificates of Occupancy for completed homes for which building permits have been issued, subject to compliance with all applicable statutes, ordinances and regulations. We appreciate the time and effort you and your staff have expended towards our proj ect and look forward to finalizing the subdivision. If you are in agreement to our proposal please execute this document, and we will have construction drawings prepared and submitted to the City. Upon receipt of approved construction plans, the gates and fence will be constructed within 45 days. Sincerely, Acceptance by The City of Ocoee By: Its: Date xc: Allan E. Keen Ashley Burleson, Engle Homes James D. Ellis, DR Horton Homes