HomeMy WebLinkAboutVI (E) Lake Bennet Centre Transportation Capacity Reservation Certificate 1
AGENDA 3-21-95
"CENTER OF GOOD LIVING PRIDE OF WEST ORANGE" Item VI E
Ocoee
O gry • COMMISSIONERS
_>` i" w \fs- CITY OF OCOEE COMMISSIONERS
RUSTY
+► D. PAUL W.FOSTER
C, /� 0 150 N.LAKESHORE DRIVE SCOTT A.GLASS
0 0 OCOEE,FLORIDA 34761-2258 JIM GLEASON
'l . V A`� (407)656-2322
CITY MANAGER
��
(If G000�` ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JANET G. RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYS
DATE: MARCH 16, 1995
SUBJECT: TRANSPORTATION CAPACITY RESERVATION CERTIFICATE
FOR LAKE BENNET CENTRE COMMERCIAL SUBDIVISION
ISSUE
Should the Honorable Mayor and Board of City Commissioners
approve the attached Transportation Capacity Reservation
Certificate (TCRC) for Lots 1, 3 , 4 , 6, and 8 of Lake Bennet
Centre with Special Conditions?
BACKGROUND
The City of Ocoee' s concurrency regulations were established to
ensure that there will be adequate infrastructure and services in
place to serve new development before a project acquires the
necessary approvals to build. Article IX of the Land Development
Code outlines the specific procedures which all new development
must follow to make sure this occurs . Concurrency reviews are
done in conjunction with the development review process .
In the development review process, with a residential
subdivision, Preliminary and Final Subdivision Plans are
processed, and after the plat is recorded, building permits may
be applied for. With a commercial site (one lot) , Preliminary
and Final Site Plans are processed and then building permits may
be applied for. For commercial and mixed-use subdivisions,
Preliminary and Final Subdivision Plans must first be processed
for the overall development and then Preliminary and Final Site
Plans must be processed for each individual lot . Therefore,
commercial and mixed-use subdivisions go through both processes .
Because of the extra step with commercial and mixed-use
subdivisions, they may receive Final Subdivision Plan approval
without obtaining a Final Certificate of Concurrency. The FCC is
not required until Final Site Plan approval .
According to Article IX, a developer has the option of applying
for a FCC anytime after Preliminary Plan approval (subdivision or
site) . If the developer elects to wait until later in the
process, he runs the risk of not meeting concurrency; however, by
L 4
Page 2
Staff Report - Lake Bennet Centre TCRC
allowing the developer this flexibility, water and sewer capacity
fees and transportation capacity reservation fees need not be
fronted so early in the development process .
A developer also has the option of applying for a TCRC without
first obtaining a FCC. The City Attorney in an opinion dated
March 15, 1995 and attached to this staff report, indicates that
" . . . the City may issue a Transportation Capacity Reservation
Certificate for a commercial project prior to issuance of a Final
Certificate of Concurrency, subject to the following conditions :
(i) the Developer must submit an application for a TCRC;
(ii) the project must have received Preliminary Plan
approval;
(iii) a Final Certificate of Concurrency must be obtained
and a Final Site Plan approved for each lot prior to
issuance of a building permit for development of such
lot; and
(iv) special conditions applicable to the particular
project should be attached to the TCRC and those
conditions should be approved by the City Commission
prior to the TCRC becoming effective" .
DISCUSSION
Lake Bennet Centre has Preliminary Subdivision Plan approval .
The Developer has elected to apply for a TCRC without first
applying for or obtaining a FCC. The application for the TCRC
specifically requests a one (1) year reservation for
transportation capacity for Lot 6 (proposed Nursing Home) and a
three (3) year reservation for transportation capacity for Lots
1, 3 , 4, and 8 (submitted as a bank, fastfood restaurant, office
building, and child care center, respectively) .
The Developer has signed the Special Conditions sheet indicating
that Zom Lake Bennet, Ltd. is in agreement with the items listed,
including the provision that they will need to obtain a Final
Certificate of Concurrency for each lot before any of the lots
receive Final Site Plan approval .
As also stated in the attached Special Conditions, Lake Bennet
Centre' s Preliminary Subdivision Plan was approved subject to
amending the existing Developer' s Agreement prior to Final
Subdivision Plan approval . The Developer would not be entitled
Page 3
Staff Report - Lake Bennet Centre TCRC
to any rights under this TCRC until the amended Developer' s
Agreement is approved. Staff is working with the Developer to
complete the terms and conditions of the amended agreement .
The City of Ocoee has received a check from Zom Properties, Inc .
in the amount of $152, 469 . 20 . The check is being held pending
City Commission action on the TCRC.
RECOMMENDATION
Staff respectfully recommends that the Honorable Mayor and Board
of City Commissioners approve the issuance of the attached
Transportation Capacity Reservation Certificate with the Special
Conditions as outlined and authorize the Mayor and City Clerk to
execute .
cc : Ellis Shapiro, City Manager
Montye Beamer, Director of Administrative Services
Russ Wagner, Director of Planning
Paul Rosenthal, City Attorney
John Moseler, ZOM Development, Inc.
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER
Ocoee .4,
SCOTT VANDERGRIFT
`
i
may, � � � COMMISSIONERS
►'V - CITY OF OCOEE RUSTY JOHNSON
�� Q. PAUL W.FOSTER
150 N.LAKESHORE DRIVE SCOTT A.GLASS
JIM GLEASON
OCOEE,FLORIDA 34761-2258
(4_5_.}2
(407)656-2322
44:p CITY MANAGER
Of G000 ELLIS SHAPIRO
NO.
TRANSPORTATION CAPACITY RESERVATION CERTIFICATE
DEVELOPMENT: Lake Bennet Centre - Commercial Subdivision
OWNER OF THIS CERTIFICATE: ZOM Lake Bennet, Ltd.
2269 Lee Road
Winter Park, FL 32789
APPLICATION NUMBER: 70-TCRC-3-95 :BENNET
GENERAL LOCATION:North side of S .R. 50, lust east of Lake Bennet
FINAL CERTIFICATE OF CONCURRENCY NO. : Not applicable
DATE OF ISSUANCE OF THIS CERTIFICATE :
This certificate reserves 2 , 462 total trips (vehicles per day) for
Lake Bennet Centre, Lots 1, 3 , 4 , 6, and 8 to be used under the following
timeframes :
FOR LOT 6 :
NUMBER OF TRIPS/UNITS RESERVATION TIME PERIOD
YEAR ONE : 287 VPD/120 Beds/48 , 200 sq. ft .
YEAR TWO: None N/A (One year reservation only)
YEAR THREE : None N/A (One year reservation onlyl
FOR LOTS 1, 3, 4, AND 8 :
LOT # # OF TRIPS RESERVED PROPOSED USE RESERVATION TIME PERIOD
1 442 VPD Bank
3 1, 115 VPD Fast Food
4 113 VPD Office
8 505 VPD Child Care
Page 2
Lake Bennet Centre TCRC No.
The City has received from the owner a reservation fee in the amount
of $152, 469 . 20 . This fee is based on thirty-three percent (33%) of the
current road impact fee of $1, 888 . 72 per 1, 000 gross square feet for the
120 bed nursing home and one-hundred percent (100%) of the current road
impact fees for the following: $6, 518 . 30 for the 3 , 400 square foot bank,
$9, 674 . 25 per 1, 000 square feet for the fastfood restaurant, $2, 003 . 02 per
1, 000 square feet for the office building, and $4, 395 . 03 per 1, 000 square
feet for the child care center.
Transportation capacity under this Transportation Capacity Reservation
Certificate (TCRC) may only be used if the project is concurrent for water,
sewer, solid waste, and stormwater drainage .
The transportation capacity is specifically reserved for Lake Bennet
Centre, Lots 1, 3 , 4 , 6, and 8 as outlined above in the amounts and
timeframes indicated above . TCRCs are valid only for the specific real
property described in the original TCRC application. (Land Development
Code, Article IX, Section 9-7 G. ) The capacity reservations will expire on
the last day of the specific 12-month period they are reserved for:
EXPIRATION DATE FOR TRANSPORTATION CAPACITY
Lot 1 -
Lot 3 -
Lot 4 -
Lot 6 -
Lot 8 -
No unused capacity may be carried forward beyond the duration of the TCRC.
Upon expiration of a TCRC with respect to any unused reserved
transportation capacity, the City shall refund 90 percent of the
reservation fee if the capacity was reserved for 12 months or less,
80 percent of the reservation fee for a two-year (24 month) reservation
period, and 70 percent of the reservation fee for a three-year (36 month)
reservation period. Refunds shall be granted only to the extent that new
reservation fees are received by the City subsequent to the date of the
refund application to refund the expired TCRC. Those developers awaiting
refund shall be placed on a list and their fees refunded on a first come
first served basis . (Article IX, Section 9-7 .F. )
Page 3
Lake Bennet Centre TCRC No.
The developer shall be required to pay all road impact fees due at the time
of, and as a condition of, receiving a building permit, pursuant to the
road impact fee rate schedule in effect at the time a building permit is
issued. The reservation fee for transportation capacity shall be credited
toward the road impact fees applicable at time of building permit on a
dollar-for-dollar basis . If the current road impact fee is increased, all
building permits issued after the increase are subject to the additional
fee. The additional amount will be collected at the time the building
permit is pulled.
This certificate is subject to the provisions of Article IX of the Ocoee
Land Development Code .
The transportation capacity reserved under this certificate and the
outstanding amount of the reservation fee are reduced each time a building
permit is issued. Any persons seeking information on the current status
of the Certificate, including the current reserved capacity and reservation
fee, should contact the City Concurrency Analyst at (407) 656-2322 .
This TCRC is subject to certain Special Conditions (attached) .
Sincerely,
Janet G. Resnik
Capital Projects/Concurrency Analyst
cc : Ellis Shapiro, City Manager
Montye Beamer, Administrative Services Director
Russ Wagner, Director of Planning
Don Flippen, Building and Zoning Official
Jim Washington, Plans Examiner
SPECIAL CONDITIONS TO
TRANSPORTATION CAPACITY RESERVATION CERTIFICATE NO.
1. Pursuant to the provisions of Section 9-7.B of the Ocoee
Land Development Code, this TCRC is being issued based upon that
certain Preliminary Subdivision Plan for Lake Bennet, Sheets 1
through 5, inclusive, prepared by Hollis Engineering, Incorporated
and signed and sealed by Phillip C. Hollis, P.E. , under date of
October 19, 1994, as approved by the Ocoee City Commission on
November 1, 1994 ("the Preliminary Subdivision Plan") . All rights
and privileges of the ZOM Lake Bennet, Ltd. , a Florida limited
partnership ("the Developer") are subject to compliance by the
Developer with the Preliminary Subdivision Plan, including the
Conditions of Approval set forth therein.
2. This TCRC is being issued prior to issuance of a Final
Certificate of Concurrency for the lands which are the subject of
this TCRC. Prior to Final Site Plan approval for all or any
portion of the lands which are the subject of this TCRC, the
Developer shall be required to obtain a Final Certificate of
Concurrency for the lands which are the subject of the proposed
Final Site Plan. Issuance of this TCRC shall not grant to the
Developer any (i) vested rights, (ii) entitlement to be issued a
Final Certificate of Concurrency, or (iii) entitlement to receive
approval of a Final Site Plan with respect to any of the lands
which are the subject of this TCRC.
3 . In order to exercise any rights pursuant to this TCRC,
the Developer must obtain a Final Certificate of Concurrency which
is in effect at the time of issuance of a building permit to
construct a building or other structure on the land which is the
subject of this TCRC. In the case of water and sewer capacity,
this is done through developer's agreements. Transportation
capacity under the TCRC may only be used if the project, or portion
thereof which is the subject of the application for a Final
Certificate of Concurrency, is concurrent for water, sewer, solid
waste and stormwater drainage.
4 . The Preliminary Subdivision Plan requires that the Lake
Bennet Centre Developer's Agreement dated August 19, 1986 be
amended prior to Final Subdivision Plan approval. The Developer
shall not be entitled to exercise any rights or privileges pursuant
to this TCRC until such time as said developer agreement is amended
or superseded by a new developer agreement ("the New Developer
Agreement") which includes (a) the proposed Amendments to the
Developer's Agreement as specified on Sheet 5 of 5 of the
Preliminary Subdivision Plan, and (b) all requirements specified by
the City Attorney necessary to ensure proper legal form and the
incorporation of all appropriate conditions of approval, including
but not limited to a section addressing this TCRC as it relates to
issuance of a Final Certificate of Concurrency and approval of a
Final Site Plan(s) . This TCRC is expressly made subject to the
terms and conditions of the New Developer Agreement notwithstanding
the fact that it may be entered into subsequent to the date of this
TCRC.
5. This TCRC shall not become effective until these Special
Conditions are signed by the Developer and approved by the Ocoee
City Commission and all applicable reservation fees are paid to the
City. The execution of these Special Conditions by the Developer
evidences the agreement of the Developer to be bound by the terms
and conditions of this TCRC, including but not limited to these
Special Conditions.
.DATED THIS day of , 1995.
CITY
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OP OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO ]P'ORM AND LEGALITY HELD ON , 1995
this day of , 1995. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
DEVELOPER
ZOM LAKE BENNET, LTD. , a Florida
limited partnership
By: ZO Pro eie- , Inc. , a Florida
c• or do , •ts sole general
• •they �
'1
By: �� k _-
Name: auM .,- :
Title: • - • - •. - .
CARTS' •ISA1346(95 DDIBT ttlsFxme Executed on: 3-17-95
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO, FLORIDA 32801
TELEPHONE 14071 423-7656
FACSIMILE 14071 648-1743
TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE. WISCONSIN
JACKSONVILLE. FLORIDA POST OFFICE BOX 2193 MADISON. WISCONSIN
TALLAHASSEE. FLORIDA WASHINGTON, D.C.
WEST PALM BEACH. FLORIDA ORLANDO. FL. 32802-2193 ANNAPOLIS, MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO: Janet Resnik, Capital Projects/Concurrency Analyst
FROM: Paul E. Rosenthal, Esq., City Attorney ei it
DATE: March 15, 1995
RE: Application of ZOM Lake Bennet, Ltd. for Transportation Capacity Reservation
Certificate
You have advised me that the City is in receipt of an Application from ZOM Lake
Bennet, Ltd. (the "Developer") for a Transportation Capacity Reservation Certificate ("TCRC")
in connection with the proposed development of Lake Bennet Centre (the "Project"). On
November 1, 1994, the City Commission approved a Preliminary Subdivision Plan for the
Project. The Developer is proceeding with the finalization of a Developer's Agreement pursuant
to the requirements of the Preliminary Subdivision Plan. Additionally, the Developer will be
applying to the City for Final Subdivision Plan approval for the Project. At this time, the
Developer is not applying to the City for Final Site Plan approval with respect to any of the
proposed lots. As a result, the Developer is not, at this time, required to obtain a Final
Certificate of Concurrency with respect to the proposed lots. Prior to obtaining a Final Site Plan
approval and being issued a building permit for development on any proposed lot, the Developer
will be required to obtain a Final Certificate of Concurrency with respect to such lot. You have
requested our opinion regarding the authority of the City to issue a TCRC under these
circumstances and whether any special conditions should be imposed.
We have reviewed the provisions of Article DC, Concurrency, of the Land
Development Code with specific attention to the provisions of Section 9-7 relating to TCRC's.
Section 9-7.A indicates that the purpose of a TCRC is "to allow developers to insure that
capacity is available when it is needed for a particular project, and to provide a higher degree
of certainty during the construction financing process". The only express requirements
established by Section 9-7 is that an application for a TCRC can only be accepted for projects
which have Preliminary Plan approval. While provisions of Section 9-7 imply that a Final
Certificate of Concurrency should be in place at the time of issuance of a TCRC, there is no
express requirement and no express prohibition against the City issuing a TCRC prior to
issuance of a Final Certificate of Concurrency. Further, a literal reading of Section 9-7 as it
applies to commercial subdivisions would, in our opinion, produce a result which was not
intended car contemplated by the City. Today, lending institutions typically require reservations
of transportation capacity for commercial developments prior to providing project financing.
After reviewing this matter with the City staff, it appears that the issuance of a TCRC
for the Project prior to issuance of a Final Certificate of Concurrency would be consistent with
the policy objectives of the City, the goals, objectives and policies of the Ocoee Comprehensive
Plan, and the true intent and meaning of the City Commission. Further, the issuance of a
TCRC, with conditions, would not undermine the City's Concurrency Management Program.
The provisions of Section 1-4 of the Land Development Code call for the LDC to be
"liberally construed to follow the goals, objectives and policies of the Comprehensive Plan in
order for the true intent and meaning of the City Commission to be fully carried out". Applying
these rules of construction, it is our opinion that the City may issue a Transportation Capacity
Reservation Certificate for a commercial project prior to issuance of a Final Certificate of
Concurrency, subject to the following conditions:
(i) the Developer must submit an application for a TCRC;
(ii) the project must have received Preliminary Plan approval;
(iii) a Final Certificate of Concurrency must be obtained and a Final Site Plan
approved for each lot prior to issuance of a building permit for development of such lot;
and
(iv) special conditions applicable to the particular project should be attached
to the TCRC and those conditions should be approved by the City Commission prior to
the TCRC becoming effective.
Based upon the opinion set forth above, I have prepared the Special Conditions
which I would recommend be attached to the TCRC for the Project. The TCRC and the Special
Conditions should be placed on the agenda for approval by the City Commission at its meeting
of March 21, 1995.
If you have any questions regarding this matter, please let me know.
PER/dp
Enc.
cc: Mr. Ellis Shapiro (w/ end.)
Ms. Montye Beamer (w/ end.)
Mr. Russ Wagner (w/ end.)
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