HomeMy WebLinkAboutItem #12 Park Place (Skorman Development Corp.)Center of Good 1.
Contact Name:
Contact Number:
AGENDA ITEM STAFF REPORT
Meeting Date: September 18, 2012
Item #
t 2—
Michael Rumer ;71ii
407-905-3100, Ext. 1018
Subject: Park Place (Skorman Development Corp.)
Rezoning from C-3 to PUD, Land Use Plan
Project # RZ-92-06-03
Commission District 3 — Rustv Johnson
ISSUE:
Reviewed By:
City Planner:
City Manager:
Should the Honorable Mayor and City Commissioners approve a request from Skorman Development Corporation
for the rezoning from C-3 (General Commercial) to PUD (Planned Unit Development) on 14.11 acres of land
known as the Lake Butler Professional Campus and approve the associated Park Place PUD Land Use plan?
DISCUSSION:
The subject property is zoned C-3 (General Commercial) and has an approved site plan and development
agreement for the Lake Butler Professional Campus. The Lake Butler Professional Campus was originally
approved in 2008, and was proposed to be developed with the following uses on the Property: Lot 1 will consist of
a mix of professional and medical offices; Lot 2 is proposed in the southwest corner of the property and will consist
of a mix of retail and restaurant uses (see site plan attached). The proposed Park Place PUD will include 242
multi -family units on 11.34 acres and 2.60 acres of commercial and retail? The apartments will feature a club
house and pool amenity with landscaped park space within the development. The proposed apartments and
commercial out parcels will be architecturally cohesive with the surrounding development. Access is proposed via
a northbound right in on Maguire Road and an additional access from Tomyn Blvd. 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
Road right-of-way
Road right-of-way
Florida Turnpike
East
Commercial
C-3 (General
Commercial)
Master stormwater pond for the Villages
of Wesmere
South
High Density
Residential
PUD (Planned Unit
Develo ment
Villages of smere
�St
Commercial
C-3 (General
Commercial)
Vacant Parcel
The rezoning from C-3 (General Commercial) to Planned Unit Development allowing high density residential in a
Commercial Future Land Use designation is permitted via the City of Ocoee Comprehensive Plan. Therefore, no
land use change is being requested. The Comprehensive Plan states in the definition of land uses that: "...certain
forms of high and medium density residential housing may also be permitted within this land use when economic
conditions dictate a lower intensity use when the development is compatible and integrated into the surrounding
urban framework."
In order to help staff determine if the economic conditions exist, staff required the applicant to provide a market
analysis of the current office and multi -family trends. A copy of the market study has been included in this packet.
Several off -site improvements will be constructed or mitigated through payments based on the proposed
development and previous development agreement commitments. The first improvement is the construction of a
right turn lane on Tomyn Blvd. This improvement will allow dedicated right turns heading north on Maguire Road.
The second improvement is a right turn lane on Maguire Road at Maguire and Old Winter Garden Road. The
applicant will either construct the improvement or pay the City $400,000 to construct the improvement. The final
improvement is a mitigation payment of $24,000 toward landscaping the medians on Maguire Road.
EXISTING AND PROPOSED WAIVERS/ REQUESTS:
The first waiver previously granted that is requested is to remain in place is to Section 6.14.0 (2)(b)(i) of the Land
Development Code. This section of the Land Development Code requires a 25-foot wide landscape buffer along
Maguire Road. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer from 25-
feet to 15-feet for the portion of the property that has frontage along Maguire Road. The applicant has justified this
request by providing a right turn lane leading into the site which will encroach into a portion of the plant able area
of the required landscape buffer.
The second waiver previously granted that is requested is to remain in place is to Section 6.14.C(2) (b)(i) of the
Land Development Code. This section of the Land Development Code requires a 25-foot wide landscape buffer
along Tomyn Blvd. The applicant is requesting a waiver to this requirement to allow a reduction of this buffer from
25-feet to 15-feet for approximately 192-feet along the portion of the property that has frontage along Tomyn Blvd.
The applicant has justified this request by providing a right turn lane leading into the site which will encroach into a
portion of the plant able area.
The applicant has requested two additional waivers from the requirements of the Land Development Code. The
City Commission has sole discretion to approve waivers from Code requirements based upon four criteria:
1. If the project is part of an integrated and master planned development;
2. If the project is compatible with surrounding developments;
3. If the project imposes no impacts on City infrastructure greater than that generated by other uses normally
permitted in the underlying zoning districts; and /or,
4. If the project provides an offsetting public benefit which is technically sound and measurable.
The first waiver that is being requested is to Section 6.15.G of the Land Development Code. This section of the
Land Development Code requires a 10-foot wide landscape around all buildings. The applicant is requesting a
reduction of this requirement from 10-feet to 5-feet for the multi -family lot only. The applicant has justified this
request by stating the reduction will enhance the units by providing privacy with the diversion of landscaped areas
and sidewalks. Pedestrian areas will be designed to provide walkways to the interior of the project diverting
pedestrian traffic away from front windows.
The second waiver that is being requested is to Section 6-4 G (1)(b) of the Land Development Code. This section
of the Land Development Code requires 2.25 parking spaces per dwelling unit. The applicant is requesting a
reduction to this requirement from 2.25 spaces to 2.15 for the multi -family development only. The applicant has
justified this request by stating that the reduced parking will provide for additional landscaping and green space
with the flexibility to add additional spaces if occupancy levels dictate.
The traffic analysis that was included indicates a decrease of 1,312 daily trips to a total of 3,373 trips with an
estimated highest commercial use of drive -through bank and pharmacy. The Lake Butler Professional Campus
development had an approved total of 4,685 trips. This decrease in the amount of trips on the surrounding
roadway network will not require mitigation by the developer.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on August 7, 2012, and reviewed the Proposed PUD and PUD
Land Use Plan. The applicant was notified of outstanding concerns on the plans from the Planning Division and
the Legal Department. Finalization of the revised developer's agreement was also discussed, and the DRC voted
unanimously to recommend approval of the proposed rezoning to PUD, the associated PUD Land Use Plan, and
2
the two new waivers, subject to the satisfaction of the outstanding concerns prior to the plans being presented to
the City Commission.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on August 14, 2012, to consider approval of the applicant's request. After
deliberations, the Planning & Zoning Commission unanimously recommended approval of the rezoning of 14.11
acres of the proposed Park Place from C-3 (General Commercial) to PUD (Planned Unit Development) subject to
the execution of the First Amendment to the Development Agreement, and the resolution of the outstanding
comments from the Legal Department prior to the action being presented to the City Commission for final
approval.
STAFF RECOMMENDATION:
If the City Commission is agreeable to the change in use of the property, staff recommends the Honorable Mayor
and City Commissioners approve the rezoning request with the two waivers. Staff further recommends the
Honorable Mayor and City Commissioners approve the PUD Land Use Plan and associated First Amendment to
the Development Agreement.
If the City Commission does not agree on the change in use for the property, staff recommends the Honorable
Mayor and City Commission deny the request for PUD rezoning and retain the existing C-3 designation and
Development Agreement for the Lake Butler Professional Campus.
ATTACHMENTS:
Location Map
Future Land Use Map
Zoning Map
Aerial Map
Park Place PUD Rendering
Park Place Land Use Plan
Lake Butler Professional Campus Site Plan and Rendering
Ocoee and Southwest Orange County Apartment and office Market Overview dated July 24, 2012
PUD Rezoning Ordinance
FINANCIAL IMPACT:
None
TYPE OF ITEM: (please mark with an "x')
Public Hearing
For Clerk's Dept Use:
X Ordinance First Reading
Consent Agenda
Ordinance Second Reading_
Public Hearing
Resolution
Regular Agenda
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
N
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25' landscape
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PROJECT SUMMARY
Total Acreage
Developed 14 1 ac
Retention
(Allocated) 2.9 ac
Total 17.0
1001 Residential Density
Afiowable'y 272
16 ur a
Proposed 242
Total Par" Residential
Par" Req'd
242 z 2.25 = 543
Parking Provided
Surface 440
Garage 56
Apron 56
544
comnwvclal
25.D00 sf (-, 40000 100
Total Parking
Req d 643
Tolal Parking
Provided 644
SKORMAN & RODRIGUEZ
SITE PLAN STUDY
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PLANNED UNIT DEVEL
sheet
Number
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POTABLE & REUSE WATER
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
PHONE! (407) 9053100
CONTACT: DAVID WHEELER, P.E.
SANITARY SEWER
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
PHONE: (407) 905.3100
CONTACT: DAVID WHEELER, P.E.
ELECTRIC
PROGRESS ENERGY
425 E. CROWN POINT ROAD
WINTER GARDEN, FLORIDA 34767
PHONE: (407) 905-3303
CONTACT:
PMENT LAND USE PLAN
PARK PLACE
CITY OF Ocl
PAPCEL I.D.:2
F
EE, FLORIDA
2-28-8895-01-001
R:
SKORMAN DEVELOPMENT CORPORATION
1NDEX
Sheet Description
COVER
CONDITIONS DF APPROVAL
SOUNOARY & TOPOGRAPHIC SURVEY
AERIAL PLAN
SUBDIVISION PLAN
MASTER SITE PLAN
BUILDING RENDERINGS
TELEPHONE UTILITY
EMBARO
P.O.BOX 770339
WINTER GARDEN, FLORIDA 34777
PHONE: (407) 814-5351
CONTACT:
GAS COMPANY
LAKE APOPKA NATURAL GAS
1320 S. VINELAND ROAD
WINTER GARDEN, FLORIDA 34777
PHONE: (407) 6WZ734
CONTACT:
CABLE COMPANY
BRIGHTHOUSE NETWORKS
644 MAGUIRE ROAD
OCOEE, FLORIDA 34761
PHONE: (407) 532.8509
CONTACT:
OWNER
SNP PARIBAS VPG LAKE BUTLER LLC
787 SEVENTH AVENUE, 28th FLOOR
NEW YORK, NEW YORK 10019
PHONE:
FAX:
CONTACT: HARRY T. NULLET
CIVIL ENGINEER
MILLER LEGG
631 SOUTH ORLANDO AVENUE, SUITE 2W
WINTER PARK, FLORIDA 32789-7122
PHONE: (407) 629-8680
FAX: (407) 629.7883
CONTACT: MARC STEHLI, P.E.
ARCHITECT
FUGLEBERG KOCH
255E TEMPLE TRAIL
WINTER PARK, FL 32789
PHONE: (4(M 629.059E
FAX: (407) 628.1471
CONTACT: BOB KOCH
APPLICANT
SKORMAN DEVELOPMENT CORPORATION
OW METROWEST BLVD., SUITE 111
ORLANDO, FLORIDA 328M
PHONE: (407) 253.2001
FAX:•
CONTACT: MARC SKORMAN
SURVEYOR
ACCURIGHT SURVEYS
2012 E. ROBINSON STREET
ORLANDO, FLORIDA 32803
PHONE: (407) 894.6314
FAX: (407) 697.3777
CONTACT: JAMES BRAY, PSM
MILLER LE
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STATE
CONDITIONS OF APPROVAL
1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS. PROVISIONS, AND RESTRICTIONS OF FLORIDA STATUTES,
CHAPTER 163. CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN
CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY OR ITSELF FROM ME
APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH AN EXEMPTION.
2. EXISTING TREES W OR LARGER (OTHER THAN CITRUS TREES OR 'TRASH' TREES) LOCATED ALONG PROPOSED
LOCATIONS OF BUFFER WALLS OR ROAD RIGHT-OF-WAY LINES WLL BE PRESERVED IF AT ALL POSSIBLE THE
BUFFER WALLS AND ROADS WLL BE DESIGNED AROUND THOSE TREES TO INCORPORATE THEM INTO REWIRED
LANDSCAPE BUFFERS AND AS STREET TREES.
3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS
POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES THERE WILL BE
NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION
PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS.
4. REMOVAL OF EXISTING PROTECTED TREES WILL BE UNITED TO CLEARING ROAD RIGHT-OF-WAY AND RETENTION
AREAS AS DETAILED IN THE FINAL SUBDIVISION PLAN. ALL EXISTING PROTECTED TREES ON INDIVIDUAL LOTS WILL
BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH
TREE NEEDS TO BE REMOVED.
5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL BE PRESERVED. ALL ROAD
RIGHT-OF-WAYS AND RETENTIOM AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE
REMOVAL NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING CONSTRUCTION UNTIL THE TREES
TO BE PRESERVED HAVE BEEN CLEARLY MARKED KITH TREE PROTECTION BARRIERS.
6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREES WITHOUT FIRST
OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE
MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE
IF THE DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE
7. EACH FIRE HYDRANT SHALL BE OSHA YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO
THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT.
8. DRAINAGE. SEWER AND MAINTENANCE EASEMENTS SHALL BE PROVIDED FOR THE BENEFIT OF THE PROPERTY
OWNERS ASSGCIATION. UTILITY EASEMENTS SHALL BE PROVIDED FOR THE BENEFIT OF PROGRESS ENERGY,
TELEPHONE AND CABLE COMPANIES, AS APPLICABLE. WATER UNES WITHIN THE PROJECT SHALL BE OWNED BY
THE CITY OF OCOEE AND WATER UTILITY EASEMENTS OVER THESE WATER UNES SHALL BE PROVIDED FOR THE
BENEFIT OF THE CITY OF OCOEE. THE LAND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE
INDIVIDUAL LOT OWNERS.
9. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL
RIGHTS -OF -WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REWIRED)IN ORDER TO ACCOMMODATE
ACCESS TO SIDEWALKS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY
CHALLENGED. SIDEWALKS ABUTTING EACH PLATTED LOT SHALL BE CONSTRUCTED AT THE TIME OF DEVELOPMENT
OF ME LOT AND OTHERWSE COMPLY WITH ALL ADA REQUIREMENTS. WHEN SIDEWALKS ARE CONSTRUCTED ON
CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WLL BE EXTENDED TO THE CURB AND THE APPROPRIATE
RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT
TINE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS THE PROPERTY OWNERS ASSOCIATION
WILL BE RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND SIDEWALKS IN ACCORDANCE
WIH ALL ADA REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE APPLICABLE TO TINE PROJEC,
10. ALL COMMON AREA IMPROVEMENTS, INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG
ALL ROADS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF COMPLETION FOR THE PHASE OF
THE PROJECT IN WHICH SAID COMMON AREA IMPROVEMENTS ARE LOCATED.
11. SUBDIVISION SITE UGHTING MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPERS
PRIOR TO CERTIFICATE OF COMPLETION. LIGHTING WITHIN COMMON AREAS OF THE SUBDIVISION SHALL BE OWNED
AND OPERATED BY THE PROPERTY OWNERS ASSOCIATION.
12. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION SMALL BE
CONVEYED TO THE PROPERTY OWNERS ASSOCIATION BY WARRANTY DEED AT THE EARLIER OF THE TIME OF
APPROVAL OF THE FIRST SITE PLAN FOR THE PROJECT OR TINE TIME OF REPLATTNG.
13. ANY DAMAGE CAUSED TO ANY PUBLIC ROADS AS A RESULT OF TIE CONSTRUCTION ACTIVITIES RELATED TO TINE
PROJECT OR ANY PORTION THEREOF SHALL BE PR FITLY REPAIRED TO THE APPUCABLE GOVERNMENT
STANDARDS AT TINE SOLE COST AND EXPENSE OF TINE OWNER OF TINE PORTION OF TINE PROJECT BEING
DEVELOPED IN CONNECTION NTH THE CONSTRUCTION ACTIVITIES THAT WERE THE CAUSE OF THE DAMAGE.
14. ALL GROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SMALL BE PROVIDED AT THE EARUER OF THE TIME OF
APPROVAL OF THE FIRST SITE PLAN FOR TINE PROJECT OR THE TIME OF REPLATTING.
15. ALL UTILITIES INCLUDING ELECTRICAL CABLE, AND TELEPHONE AND INCLUDING ON -SITE EXISTING OVERHEAD
WIRES SHALL BE PLACED UNDERGROUND.
16. A PROPERTY OWNER'S ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND MAINTENANCE OF ALL COMMON
AREAS.
17. ALL LEGAL INSTRUMENTS. INCLUDING BUT NOT UNITED TO. EASEMENTS, DECLARATIONS OF COVENANTS,
EASEMENTS. AND RESTRICTIONS. ARTICLES OF INCORPORATION OF THE PROPERTY OWNERS ASSOCIATION, AND
WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE CTY FOR APPROVAL PRIOR TO THE
EARLIER OF THE TIME OF APPROVAL OF THE FIRST SITE PLAN FOR THE PROJECT OR ME TIME OF REPLATTNG.
IS, THE COMPONENTS OF THE STOWWATFR SYSTEM, INCLUDING ALL PIPES INLETS, MANHOLES AND STRUCTURES
WILLBEOWNED. OPERATED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION IN ACCORDANCE WITH
THAT CERTAIN DECLARATION OF COVENANTS AND RESIRICTIONS FOR WESMERE COVE RECORDED IN OFFICIAL
RECORDS BOO( 7669, PAGE 83 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AS AMENDED FROM
TIME TO TIME
19. DELETED.
20. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH
THE REQUIREMENTS OF THE CITY OF OCOEE CODE
21. ANY EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACILITIES) AND
PROGRESS ENERGY EASEMENTS WILL BE REMOVED AND/OR TERMINATED PRIOR TO OR WRING CONSTRUCTION OF
THE DEVELOPMENT REPLACING THOSE USES.
22. PURSUANT TO ORDINANCE No. 2001-18, ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WTH THE NAME OF
THE SUBDIVISION. ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE
CITY COMMISSION.
23. DELETED.
24. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY SMALL INCLUDE THE FOLLOWING
PROVISIONS:
1. PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE ASSESSMENTS FOR MAINTENANCE OF
COMMON AREAS IF THE ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL
ALLOTTING FOR ADEQUATE MAINTENANCE
A. DELETED.
III. DELETED.
1, PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WTH THE FLORIDA
SECRETARY OF STATE.
Y. DELETED.
TI. PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER GOVERNMENTAL ENTITY SHALL BE
SUBJECT TO ASSESSMENTS LEVIED BY THE ASSOCIATION.
A. DELETED.
25. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE PROPERTY OWNERS ASSOCIATION SHALL BE CONSISTENT
WITH THE FOREGOING PROVISIONS.
26. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF ME LAND DEVELOPMENT CODE EXCEPT TO
THE EXTENT EXPRESSLY SET FORTH ON A WAIVER TABLE OR EXPUCIMY SET OUT ON THE PLAN.
27. THIS PROJECT SHALL BE DEVELOPED IN THREE PHASES EACH OF WHICH MAY BE DEVELOPED IN ANY ORDER.
28. EACH PHASE SHALL BE DEVELOPED WTH INFRASTRUCTURE (WATER, SEWER, DRAINAGE, PARKING AND
INGRESS/EGRESS) SUFFICIENT TO SERVE THAT PHASE OF TINE PROJECT.
29. DELETED.
30. TO TINE EXTENT ANY UFT STATIONS ARE REQUIRED ON THE PROPERTY, THEY WILL BE CONVEYED TO THE CITY
AT THE TIME OF REPLATTING. ALL SUCH LIFT STATIONS SHALL BE FENCED NTH BLACK VINYL CHAIN LINK
FENCE NTH POSTS AND RAILS PAINTED BLACK AND SMALL BE SET BACK NO LESS THAN 25' MGM ANY STREET.
SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH HEDGE TYPE SHRUBBERY SUCH AS VIBURNUM OR
UGUSTRUM.
31. DELETED.
32. DELETED.
33. DELETED.
34. DELETED.
35. DELETED.
M. DELETED.
37. IF ANY LOTS/TRACTS ARE SUBDIVIDED AFTER THE INITIAL REFUTING OF THE SUBDIVISION, fl PRELIAMY
SUBDIVISION PLAN AND FINAL SUBDIVISION PLAN WLL BE REQUIRED FOR THE DEVELOPMENT OF EACH UBOIVIDE
LOT/TRACT AND A REPLAT OF THAT LOT OR TRACT WILL BE REQUIRED.
38. DELETED.
39. DELETED.
40. DELETED.
41. DELETED.
42. DELETED.
43. LANDSCAPING IN ACCORDANCE WIN THE CITY OF OCOEE LAND DEVELOPMENT CODE WILL BE PROVIDE AROUND
THE OFF -SITE UFT STATION LOCATED ADJACENT TO THE PROPERTY.
44. EXISTING OVERHEAD WIRES ALONG MAGUIRE ROAD FRONTAGE SHALL BE PLACED UNDERGROUND.
45. ALL PIPE SIZES TO BE DETERMINED AT FINAL ENGINEERING.
46. DELETED.
47. DELETED.
48. DELETED.
49. DELETED.
50. DELETED.
51. DELETED.
52, DEVELOPMENT OF THE PROJECT SMALL BE REQUIRED TO PROVIDE THE CITY OF OCOEE PAVED, UNGA ACCESS
TO THE LIFT STATION TRACT LOCATED ADJACENT TO THE PROPERTY.
53. THIS PROJECT SHALL COMPLY WITH, ADHERE TO, AND NOT DEVIATE FROM OR OTHERWISE CONFLICT M ANY
VERBAL OR WRITTEN PROMISE OR REPRESE14TATIDN MADE BY THE OWNER/APPLICATION (OR AUTHORI AGENT
THEREOF) TO THE CITY COMMISSION AT ANY PUBLIC HEARING WHERE THIS PROJECT WAS CONSIDERED FOR
APPROVAL, MERE SUCH PROMISE OR REPRESENTATION, WHETHER ORAL OR WRITTEN. WAS RE ED UP BY THE
CITY COMMISSION IN APPROVING THE PROJECT, COULD HAVE REASONABLY BEEN EXPECTED T HAVE B N
RELIED UPON BY THE CITY COMMISSION IN APPROVING THE PROJECT, OR COULD HAVE REA ABLY INUCED OR
OTHERWISE INFLUENCED TINE CITY COMMISSION TO APPROVE THE PROJECT. FOR PURPOSES Of THIS C NOTION
OF APPROVAL A 'PROMISE' OR 'REPRESENTATION' SHALL BE DEEMED TO HAVE BEEN MADE TO THE C TY
COMMISSION BY TINE OWNER/APPUCANT (OR AUTHORIZED ACENT THEREOF) IF IT WAS E%PEREMY MAD TO THE
CITY COMMISSION AT A PUBLIC HEARING WHERE THE PROJECT WAS CONSIDERED FOR APPROV L
54. UNLESS OTHERWSE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE OT LINES
AND A 10' UTILITY, DRAINAGE AND SIDEWALK EASEMENT WILLBE PLATTED ADJACENT TO ALL TRSET
RIGHTS -OF -WAY AND OTHER PAVED AREAS. SIDEWALKS WILL ONLY BE PLACED IN THIS EA S ENT IF
NECESSARY TO RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
55. ALL UTILITIES TO BE PLACED "THIN THE To' EASEMENT ADJACENT TO ALL STREET RIGHTS-0 -WAY OR OTHER
PAVED AREAS WILLBE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED.
56. AN EMERGENCY ACCESS EASEMENT TO AND OVER ALL DRAINAGE EASEMENTS SHOWN HEREON !HALL BE
DEDICATED TO THE CITY FOR EMERGENCY MAINTENANCE PURPOSES AT TINE TIME OF REPLATTNG. THE
EMERGENCY ACCESS EASEMENT CULL NOT IMPOSE ANY OBLIGATION, BURDEN, RESPONSIBIUTY OR UABIU UPON
THE CITY, TO ENTER UPON ANY PROPERTY IT DOES NOT OWN OR TAKE ANY ACTION TO REPAIR OR M NTAN
THE DRAINAGE SYSTEM ON THE PROPERTY.
57. A PERPETUAL NON-EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED A AS
SHALL BE GRANTED IN FAVOR OF THE CITY AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEM T, FIRE,
AND OTHER EMERGENCY SERVICES.
58. DELETED.
59. DELETED.
60. DELETED.
61. ALL FINISHED FLOOR ELEVATIONS WILL BE A MINIMUM OF 2-FEET ABOVE THE 100 YEAR STORM ELEVATION AS
ESTABLISHED BY THE DEVELOPMENT'S STORMWATER SYSTEM DESIGN AND/OR ADJACENT WATER BODY AS
IDENTIFIED ION ME CURRENT FEMA FIRM PANEL
61 THE PROPERTY SHALL NOT BE SUBDIVIDED OR OTHER"SE CONVEYED IN LESSER CONSTITUENT PARTS PRIOR TO
THE APPROVAL OF A FINAL SUBDIVISION PLAN AND SUBSEQUENT REPLATTING OF THE PROPERTY IN
ACCORDANCE NTH THE SAME
63. TO THE EXTENT THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL CONFLICT WITH TAE CITY OF OCOEE
LAND DEVELOPMENT CODE, THE PROVISIONS OF ME LAND USE PLAN AND THESE CONDITIONS OF APPROVAL
SHALL CONTROL
64. ME DEVELOPER IS TO PROTECT AND PREVENT ANY DISTURBANCE, SILTATION, OR OTHER CONSTRUCTION WTHIN
THE CONSERVATION AREAS INSIDE TINE IDO-YEAR FLOOD ELEVATION. THOSE AREAS ARE TO BE FENCED OFF
DURING CONSTRUCTION AND SILT FENCES INSTALLED TO ELIMINATE ANY POSSIBLE DISTURBANCE IN THOSE AREAS
DURING CONSTRUCTION.
65. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS
SHOWN ON THE LAND USE PLAN.
66. NO DEVELOPMENT RIGHTS ARE GRANTED BY THIS LAND USE PLAN WITH RESPECT TO LOTS 1, 2 AND 3. THESE
LOTS MUST SUBMIT A SEPARATE FINAL SUBDIVISION PLAN AND/OR PRELIMINARY SITE PLAN, ASI APPLICABLE
BUILDING PADS, PARKING AREAS, SIDEWALKS AND IMPROVEMENTS SHOWN HEREON ARE INCLUDED FOR
CONCEPTUAL PURPOSES ONLY. THE ACTUAL SIZE, SHAPE, CONFIGURATION AND LOCATION OF THE BUILDINGS AND
IMPROVEMENTS MAY CHANGE WTH THE SUBSEQUENT SUBMITTALS OF TINE SUBDIVISION/SITE PLANS. SIMILARLY,
THE BOUNDARY UNE SHOWN BETWEEN LOTS 2 AND 3 IS CONCEPTUAL ONLY AND SUBJECT TO CHANGE WTH THE
APPROVAL OF THE SUBSEQUENT SUBDIVISION PLAN. CHANGES CONSISTENT WIN THIS CONDITION OF APPROVAL
SHALL NOT REQUIRE AN AMENDMENT TO THIS LAND USE PLAN.
67. THE OCOEE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT CONTEMPLATES CERTAIN FORMS OF HICHI'AND
MEDIUM DENSITY RESIDENTIAL HOUSING TO BE PERMITTED IN COMMERCIAL LAND USE AREAS WHEN ECONOMIC
CONDITIONS DICTATE A LOWER INTENSITY USE AND WHEN THE DEVELOPMENT IS COMPATIBLE AND INTEGRATED
INTO THE SURROUNDING URBAN FRAMEWORK. THE PROJECT SHOWN ON THIS LAND USE PLAN MEETS THE
CRITERIA DUE TO THE NOVEL MIXED COMMERCIAL AND RESIDENTIAL -TYPE DEVELOPMENT PROPOSED. THE
PROJECT AIMS TO PROVIDE DESIGNATED, FUNCTIONAL COMMERCIAL LOTS ALONG A MAJOR THOROUGHFARE WHILE
MEETING THE NEED FOR HIGH -ENO RENTAL RESIDENCES IN THE CITY. HIGH -END RESIDENCES ARE CURRENTLY IN
SHORT SUPPLY AND IN HIM DEMAND, ESPECIALLY NEAR ORLANDO HEALTH'S PRESENTLY EXPANDING HEALTH
CENTRAL HOSPITAL CAMPUS.
EXISTING WAIVERS (PREVIOUSLY APPROVED BY THE OCOEE CITY COMMISSION ON APRIL 1 2008 AS PART OF THE PRELIMINARYIFINAL
SUBDIVISION AND PRELIMINARYIFINAL SITE PLAN FOR LAKE BUTLER PROFESSIONAL CAMPUS)
WAVIER
REQUEST
fp
CODE
SECTION
CODEREQUIREMENT9
PROPOSED STANDARDS
JUSTIFICATION
1
I+I06.H821
O�FME BLFFER ES FEET IN WETH
REWRED ALONG PR"PATPWOS
FECTM THELANDRCAFE BLFFER
ALWDIMGUwE FROM 25 TO t5
FORaIENGTH OF tce FROM THE
9aRRERT BOUNOARTOFTHE
MUIRE ROM AC.. POINT
ARISHTTUMN SHALLSEP DEDw ICHE ,CH l'w I EFLANTABLEMEAOFTW
FFER MMOTpN.OEVELOPM11Exi WILL wCLUDE UPGRADED LwO6CAPIxG STANDARDS MLFPTABIR
THE CITY
2
It�6921
LPNOSCAPE BI.FFER 25 FEETwwpTH
IB REWIRED ALOt.p PRIMARY ROM.
RELULE THE LAN06CAPE BUFFER
"" ALOUD TO— FRAM 21 TO tE
FOR A LENGTH IX2 FROM THE
EASTERN BOUNDARY OE THE MAGUIRE
ARSHT TURN LANE SHALL BE PROVIDED WHICH ENCROACHES INTO THE PLAN- AREA OF THE
BUFFER M n N,OEVELOPMMTWILLWILUDEUPGHAOEDLANDSLMINOSTANDMDSACCEPTIIE
THE GTT
ADDITIONAL WAIVERS
WAVIER
REDDEST
RE
I CODE
SECTION
CODE REQUIREMENTS
PROPOSED STANDARDS
JUSTIFICATION
J
elsG
N t6' SHALL BE
NP EESTRUNDALL IFROMPSA
io AC�LOMMESFROM PAIxNG
REDUCE TIE MIN. REQUIRED OPEN
a s
P LE TO w11LOT1 ONLY)
ION OF PEDESTRIAN FRIENDLY WAIJ(WATB TO ITS IMERIOF Cl THE PNOEECT. ENHANCED UNIT
IVACYBY THED IVERB10N
AND ORATE
LAwsowwD
OF PEDESTRIAN TRAFFICA FROM IF.- wp0w4
a
aOtryl
RHINO SPACES PER
LUNG
REDUCE
TT02 5 SPACES PER OWELUNGUIUN TEM
LANDSCAPING ID GREEN SPACE WITH R IBILIIYTOADO wADIXRWAL
LAND
(LOTI ONLY)
wo UP To CODER[UUMEO LEVELS IFNOLCUPAxCT OpiAlEBD11TIONAL
No 52781
STATE OF
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LINE CHART
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L2 S00'00'00"W
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S00'05'11"E
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N89'01'24"E
30.00' PLAT
30.00' MEAS
30.00' PLAT
29.99' MEAS
PLAT
30.0:00"E 30.05' MEAS
25.00' PLATt-F
25.07' MEAS
7. 18• PLAT
7.29• MEAS
77 T r7 I ��
1P L 1
DESCRIPTION:
PARCEL 1, VILLAGES OF WESMERE, AS RECORDED IN P
RECORDS OF ORANGE COUNTY, FLORIDA.
CONTAINS 614.510 SQUARE FEET OR 14.107 ACRES MORE
GRAPHIC
'
0' 25' 50' —
1
C'+ T T D 1f TE y
�J CJ 1 b l� 1
LT BOOK 70, PAGES 9 THROUGH 17, PUBLIC
OR LESS.
tCALE
00' 150'
O
BOUNDARY SURVEY DATE: 616112
per 5J-17.051(3)(b)3 Florida Administrative Code
VICINITY
MAP N. T. S.
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DATE.,
JOB #
REVISION
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BOUNBARY &TOPOGRAPHIC SURPEY
SCALE 1" = 1' JOB 33969
CF SURVEY
FIELD DATE: 6/6/12 DRAWN BY:
PREPARED FOR:
SKORMAN CONSTRUCTION, INC.
LOCATION: 1650 MAGUIRE ROAD, OCOEE, FLORIDA
SECTION 29, TOWNSHIP 22 SOUTH, RANGE 28 EAST
SUVILLA ON NAME.'
ILLAGESOF
WESMERE
CURVE DATA
CHORD
634.37' PLAT
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SOILS DATA
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SYMBOL
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217.78' 44.99'
915'48'W LOT 3
LOT 2
5.78' COMMERCIAL
COMMERCIAL
C-3 ZONING
C-3 ZONING
1.72 AC
1
1
0.93 AC
I
1
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LOT 1
APARTMENT COMPLE)
11.34 AC
1
S89'31'54-W
208.55'
I
50'00'00'ET..
30.00,
20' ACCESS EASEMENT
PLAT BOOK 70, P 9-17
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�. e� '.:....
30. 0'
SOMWOO'E
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NON-EXCLUSIVE PERPETUAL EASEMENT
ORB 4151. PAGE 4754
10' SLOPE EASEMENT
11' ROGRESS ENERGY
ORB 5949, P 3810
]IS 'BUTTON EASEMENT
25' LANDSCAPE �� n*,� "
BUFFER
BUFFER
- --------------
- ---_ -- — — _ 500� 170'OO-W 830.04'
GRAPHIC SCALE
50 0 25 50 too
( IN FEET )
1 INCH = 50 FEET
J
10' LANDSCAPE
BUFFER
•J I
CURVE DATA
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R = 0495 )
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SITE DATA
BUILDING DATA
PARCEL ID NUMBERS:
29-22-2&8895D—1
MULTIFAMILY.
PROPERTY ADDRESS.
t550 MAGUIRE ROAD
MAXIMUM ALLOWABLE DENSITY.
160 UNITS I AC
CITY OF OCOEE, FLORIDA
DENSITY AS SHOWN
14.5UNITSIAC. (1)
TOTAL NUMBER OF UNITS
242 UNITS
GROSS SITE AREA
1411 AC
TYPE OF UNITS:
MULTIFAMILY STACKED/FLATS
ROW. DEDICATION
C 12 AC.
MIN NET UVING AREA:
650 SF
NET SITE AREA:
1399 AC TOTAL
0 L
MAX BUILDING HEIGHT
FEET M AD D
35 O MEDIAN ORI GE
LOTI- MUI-RFAMILY
1134 AC
SCHOCLAGEPOPULATION
484 STUDENTS
LOT2 OFFICE/COMMERCIAL
—AC (NET)
LOT3 RETAILICOMMERCWL'
172AC (NET)
(1) PROPOSED DENSITY BASED ON 1411 ACRES GROSS
SITE AREA PLUS 260 ACRES OFFSITE
STORMWATER RETENTION POND)
EXISTING ZONING.
COMMERCIAL (C 3)
PROPOSED ZONING
PLANNED UNIT DEVELOPMENT
RETAIL/COMMERCIAL.
TYPE OF USE:
ALL PERMITTED UNDER G-3 ZONING
FLOOR AREA RATIO'
30Mq%
ZONING COMPATIBILITY
THE PROJECT IS COMPATIBLE WITH THE SURROUNDING
1 R 3 MULTIFAMILY TO THE SOUTH,
ZONING DISTRICTS WHICH ARE
LANDSCAPE BUFFERS
2 C-3 GENERAL COMMERCIAL TO THE EAST (CURRENTLY
THE WESMERE MASTER
MULTIFAMILY(LET 1):
5TDWWATER POND),
FRONT: 25 FEET (FROM MAGUIRE ROAD)
3 THE FLORIDA TURNPIKE TO THE NORTH, AND
10 FEET (FROM RETAIL PARCELS)'
4. C 3 GENERAL COMMERCIAL TOT HE WEST
REAR 10 FEET (FROM STORMWATER TRACT)'
SIDE: 25 FEET (FROM TOMYN BOULEVARD)
BUILDING SETBACKS
10 FEET (FROM FLORIDA TURNPIKE)
1D FEET (FROM RETAIL PARCEL)'
MULTIFAMILY
(LOT 1)
FRONT
50 FEET (FROM MAGUIRE ROAD& RETAIL PARCELS)
RETAIL/ COMMERCIAL (LOT 2& 3).
REAR
25 FEET (FROM STORMWATER TRACT)
FRONT 25 FEET (FROM MAGUIRE ROAD)
S1DE
75 FEET (FROM FLORIDA TURNPIKE)
REAR, 10 FEET (FROM MULTIFAMILY)'
50 FEET (FROM TOMYN BOULEVARD& RETAIL PARCELS)
SIDE 10 FEET (FROM MULTIFAMILY)'
25 FEET (FROM TOMYN BOULEVARD)
RETAIL I COMMERCIAL (LOT 2 A 3)'
FRONT
50 FEET (FROM MAGUIRE ROAD)
• REQUIRED BUFFER WIDTH SHALL BE CENTERED ON COMMON LOT LINE
REAR
50 FEET (FROM MULTIFAMILY)
SIDE:
25 FEET (FROM RETAIL)
EO FEET (FROM TOMYN BOULEVARD & MULTIFAMILY)
LAND USE DATA
DESCRIPTION
LOTI(AC.1%)
LOT2(AC./%)
L s-I4.1-
TO ALSHAD. /%1
IMPERVIOUS AREA
6�897A.I
.6%
O64 ACl
BB.%
1148828A
J
8. pC.(819T%
BUILDING AREA
193AC/
1702%
OO7ALJ
]53%
021ACJ
1�1%
1 ACJ1580%
E EN PAV M AREA
J
3]507 %
3301
055 ACJ
59 fa%
OBBACJ
5j.16%
5 AC137.02%
SICEWALKS/HARDSCAPE
121 AC/
fOB]%
—A-
215%
005ACJ
291%
I'N ACi9 f5%
PERVIOUS/OPEN SPACE
4.a5 ACl
3924%
029 ACJ
3118%
0E&A6I
33]2q
59P AC.138.03%
TOTALS
1194 AC.1
100X
0.93 ACJ
f00%
1.72 ALt00X
J
13.. ACJ 100%
OPEN SPACE DATA
MULTIFAMILY (LOT 1)
REQUIREMENT PER SECTION 4 51-Z), MINIMUM OPEN SPACE
LAND AREA.
OP EN SPACE REQUIRED' 025 X 1134 AC-284 AC,
OPEN SPACE PROVIDED -4 A5 AC
RETAIL I COMMERCIAL (LOT 2)
REQUIREMENT PER SECTION 45M(2), MINIMUM OPEN SPACE
AN. AREA
OPEN SPACE REQUIRED. 02t) X 0 B3 AC - 019 AC
RETAIL I COMMERCIAL (LOTS)
REQUIREMENT PER SECTION 4-5M(2), MINIMUM OPEN SPACE
LAND AREA
OPEN SPACE REQUIRED: 0 20 X 1 72 AC - 0 34 AC
J1.1 NET
RECREATION SPACE DATA
MULTIFAMILY (LOT 1)
REQUIREMENT PE
R SECTION 45L6 MINI RE (). MUM WIRED AT RATIO OF PER 1,000
POPULATION OR 5%OF GROSS LAND AREA, WHICHEVER IS GREATER
RECREATION SPACE REQUIRED - AB4 POPA 000 POP X 5 AC .242 AC
OR -005 X 1134 AC-057 AD
THEREFORE 2 42 AC. REWIRED
RECREATION SPACE PROVIDED _255 AC
UTILITY SERVICE
POTABLE WATER: CITY OF OCOEE
I- DU @ 350 GPD-84,]00 GPD DOMESTIC DEMAND (LOT 1 ONLY)
ZM GPM FIRE FLOW
SANITARYSEWER CITY OF OCOEE
242 DU@Z70 DIED -6SUD GPD (LOTI ONLY)
STORMWATER; PROVIDED OFFSITE IN THE WESMERE MASTER STORMWATER SYSTEM
PHASING
PROJECT SHALL BE DEVELOPED IN THREE (3) PHASES CORRESPONDING TO THE THREE PROPOSED
LOTS, WHICH MAY BE DEVELOPED IN ANY ORDER EACH LOT WILL BE DEVELOPED AS A SINGLE PHASE
EACH PHASE SHALL BE DEVELOPED WITH THE INFRASTRUCTURE (WATER, SEWER, DRAINAGE
PARKING AND INGR ESSIEGRESS) SUFFICIENT TO SERVE THAT PHASE OF THE PHOJGCT.
PROPERTY MANAGEMENT
A PROPERTYOWNER'S ASSOCIATION SHALL BE CREATED FOP OWNERSHIP AND MAINTENANCE OF
ALLCOMMON AREAS AND FACIUTIES
SCHOOL DATA
DEVELOPMENT SHALL BE SERVICED BY:
WEETBROOKE ELEMENTARY SCHOOL
SUNRIDGE M I DDLE SCHOOL
WEST ORANGE HIGH SCHOOL
SCHOOL AGE POPULAT)ON:
ELEMENTARYSCHOOL: 34
MIDDLE SCHOOL: 14
HIGH SCHOOL 16
.. i
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r•
FLOODPLAIN DATA
ACCORDING TO FEMA FLOOD INSURANCE RATE MAP 12D95C032D F, ORANGE COUNTY,
FLORIDA, DATED SEPTEMBER 25.2DD9, THE PROJECT SITE LIES IN ZONE'1C, OUTSIDE
OF THE -YEAR FLOODPLAIN
TREE DATA
THIS SITE HAS PREVIOUSLY BEEN CLEARED AND MASS GRADED AS PART OF THE
WESMERE MASTER DEVELOPMENT INFRASTRUCTURE PROJECT THERE ARE NO
EXISTING TREES OF CONSEQUENCE LOCATED ONSITE AS DEFINED BY THE CITY OF
OCOEECWE
PARKING DATA
MULTIFAMILY (LOT 1).
PER SECTION 64 G(1)(h), REQUIRED PARKING IS 2 25 SPACES I UNIT BASED DN WAIVER,
REQUIRED PARKING IS 2 0 SPACES I UNIT.
CODE REQUIRED SPACES: 242 UNITS X 225 SPACES I UNIT. SAS SPACES
WAIVER REWIRED SPACES 242UNITEX20SPACESIUNIT-484SPACES
TOTAL SPACES PROVIDED. -520 SPACES'
HANDICAP SPACES REM] RED AN TO 5DO SPACES =9 SPACES
HANDICAP SPACES PROVIDED:-18SPACES
INCLUDES GARAGE SPACES IN BUILDINGS
GRAPHIC SCALE
50 0 25 50 100
( IN FEET )
1 INCH = 50 FEET
RETAIL I COMMERCIAL (LOTS 2 & 3)
PARKING SHALL BE PROVIDED IN ACCORDANCE WITH SECTION - G(5)(N) OF THE CITY OF OCOEE LAN❑
DEVELOPM ENT CODE
ENCLOSED
TV BUNOB30 SETBACK
I/ HT LANDSCAPE BUFFER
D PE WETER FENCEIWALL
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I SITE DATA
PARCEL ID NUMBERS'
28-22-11W-0611
PROPERTY ADDRESS,
LAKE BUTLER PROFESSIONAL CAMPUS
CITY OF OCOEE, FLORIDA
GROSSSITEAREh
14.11 AC.
R.O.W. DIED-0.12
AC.
NET SITE AREA
OFFICEDEVELOPMENT
I —AC.
RETAIL DEVELOPMENT
261 AC
1— TOTAL
EXISTING ZONING
COMMERCIAL(C-3)
MAX IMPERVIOUS NET AREA ALLOWED (MAX OR).
OFFICE DEVELOPMENT:
926 Ao 11-1
RETAIL DEVELOPMENT
t 83 AC (80 Mj-
11isAC.O )-
PROJECT IMPERVIOUS AREAS.
OFFICE DEVELOPMENT:
0.32 AC 111^
RETAIL DEVELOPMENT
1.11 AC 1720%1
10II AC III-)
'AS PROVIDED BY WAIVER REQUEST NO.6
- AS PROVIDED BY WAIVER REQUEST W.7
BUILDING DATA
MINIMUM BUILDING SETBACKS.
FRONT. N(FROM FLORIDA5 TURNPIKE)•
SIDE.. (FROM MAGUIRE ROAD) /5' (FROM
RETENRON POND)•
REAR SO- (FROM TOMVNBO.J E ARDI•
(•). SEE WAIVER TABLE FOR DETAILS
MAX.BUILDINGHEIGHTALLOWED.
N/A
BUILDING HEIGHT
38•-3• MAX.
BUILDING FOOTPRINT
FLOORSPACE
A-E ,3,631 S.F.
11.S.F x2 FLOORS-23,7325.E
F 15,523 S.F.
13,352 S F. 2 FLOORS-28,]09SF
RESTAURARTAiFFAC 20.063 S F.
20.Ut8 S F x 1 FLOOR -1-0 S F
TOTALARMS 103,741 S.F.
.165362 S.F.
SK
WA
11
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I
1
I
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B7,
ME
LAND USE SUMMARY
PARKING DATA
PARKING DATA
DESCRIPTION
AREA
%USED
PER SECTION—Q5.A CITY OF OCOEE L D C, PROFESSIONAL OFFICE USES REWIRE'
PER SECTION fit G 5 c, CITY OF OCOEE LO C. RESTAURANT USES REQUIRE
BUILDING MEA
238
171;
1SPACE/250 S.F. OF GROSS FLOOR SPACE
• 1SPACE /4 SEATS PLUS I SPACIWS S.F. PATRON (NON -SEATING) ME OF GROSS FLOOR SPACE
PAVEMENTAREA
7.
506%
PERSECTION64.G5.0,CRYOFWOUL.D.C.,MFINCKOFFKEUSESRMUIRE
PMSECTKNS<.GSh,Cm OFOMaL.D.C.,GENERALCOMMERCIAUSESREWIRE
SIDEWALK AREA
055
4M
• 1SPACEI—S.F.OFGROSSFLOOR SPACE
• ISPACE/200S.F.OFGROSSFLO0RSPACE
IMPERVIOUS SUBTOTAL
1011
Y13%
OPEWGREENSPACE
—
0m
BUILDINGA-E-(I0%PROFESSIONALOFFK:E/30%MEDUALOFRCEI
RETAIL CENTER
NET SITE AREA
1388
10 m
TOTAL ARM -23,732 S.FZI-DG.x5 SLUG. -118.6B0 SF.
TOTALAREA-20,018SF(RESTAURANT-13,3a1.00S.F.,GENERALCOMMERCML 0700SF)
ROW DEDICATION
0.12
(71-83A62LOO S.F. 30%-3,588 S.F.)
TOTAL RESTAURANT SEATS. 320 SEATS
TOTAL WE MEA
1411
1 SP. 1250 S.F. a N.062.00 S.F.-=3 SP.
I SP.14 SEATS. x M SEATS-W.WSP.
IS P. /200 S.F. x ES88.00 SF,-177.88 SP
1 SP./200 S.F. x 6,667 S.F.-S3.44 SP.
TOT&NUMBEROFSPACESREQUIRED-332Ea177.33-51024SPAGES-U3 511SP.
TOTALNUMBEROFSPACESREWIRED-B000«3 113.44SPACEG-USE114SP.
TOTAL NUMBER OF SPACES PROVIDED - 518 SPACES
TOTAL NUMBER OF SPACES PROVIDED. 114 SPACES
W ILDNG F - I Nl%PROFESSIONAL OFFICFJ 30%MEDICALOFFICEI
TOTAL MEA = 26,704 S.F (]OX-16,68260 S.F. 30Y..6,01121ISF.)
PMKNG SUMMARY
1 SP. /250 S F. x 18,692.80 S.F. - 7—SP.
TO TA NUMBER OF SPACES REQUIRED - 61ta115.114- 740 SPACES
I SP./200 S.F. x 8AIl.20 S.F.. 4 WSP.
TOTAL NUMBER OF SPACES PROVIDED -51-214114-M SPACES
TOTAL NUMBER OF SPACES REWIRED - 74 ]7 a 40.00 -114M SPACES -USE 115 SP.
TOTAL NUMBER OF SPACES PROVIDED =121 SPACES
ACCESSIBLE PARKING DATA
PER SECTION 4.12(SRa), AMERICAN WITH DISABILITIES ACT AACHffECTURAL BARRI REMOVAL AND
COMPLIANCE MMUALREW WES
• 2%OFTOTA SPACES BE ACCESSIBLE SPACES FOR LOTS WITH W1 TO —SPACES
TOTAL PARIONIG SPACES PROVIDED- ]53SP.
ACCESSIBLESPACESREWIRED-E3xO=.15.06WP a-USE16SP
ACCESSIBLE SPACES PROVIDED. E SPACES
10iT0
TARN LANE-
IfEFT3LDN MA_ CiUIg .ROAD- __- . -- - -- - --- _-._
- -__
190'-R9W-
-_-__�5-0• N V
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qNq
FEELl UNIT I UNIT UN
UNIT UNIT 4UNo3 UNrr2I UNff1
TPAD SCR Mil WALLY y
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,aaw I
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TII�i/E�C�IIF�PI}TI
WAIVER I U
REQUEST
INC.,
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9FATIND
EASEMENT O
NIMPSTEII PAD
—
TRACT
MONUMENT x
TRACTTABLE --
LOT
AREA (AC)
USAGE
OWNEASHIP
MAINTAINED BV
MAGUIRE ROAD
TRACTA
0058
RIGHT-0E-WAY
CITYOFOCOEE
CITYOFOCOEE
DEDICATION
TOMYN
TRACTS
0065
BWLEVMD
RIGHT-0E-WAY
CRYOFOCOEE
CITYOFOCOEE
DEDICATION
BUILDING USE BV AREA (S F)
BUILDING
FA G�
DENTAL
OFFICE
RETAIL
RESTAURANT
BUIMEDICAU TOTAL
DING
CGuAPE
FOOTAGE
A
16,612
711.
0
23.732
B
16,612
7,120
0
0
33,]32
C
16,612
7.1.
0
0
23,732
D
w'—
7,120
0
0
23.732
E
18,812
7,120
0
0
23.732
F
16,1M
8RI1
0
0
26,7.
QJIMEACMI
0
0
607
13331
201018
TOTALS
101,153
43,611
6,6B]
13,331
165282
GRAPHIC SCALE
0 25 50 '00
N FEET )
I INCH 50 FEET
� ms Goys
Imere,h°n
FRI
-
aUiw•not Me) - _ -
1-800--82'-4770
L (w5) 34
V
----
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BLUFFER z• 3 = BKE TRASH SEATING OZ N
RACK RECEPTACLE _AREA—. — 'D _ —
T f0'LMpSCAPE
O q q BUFFFA
00
1 4 cnr N
DUMPSTER PAD W O N I , 2B EASEMENT �
_ I OEKCATED roCm / J W
BEAT" OF OCOEE U LL
AREA—. \ O
BUILDING E TRASH� - O W w
RECEPTACLE
FF EL-,3L80
a
uuu '----------------- •6 BUILDING D i / 0.0 J
�•n _cr FF IN, 131M I
W W
SINE I /
RacK �I
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UI� qrk-ruiTQ co
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SEATING
I AREA TYP.
TRASN / B
RECEPTACLE /
SEATING
RECEPTACLE SEwrB1G REeEDTACL.E AREA—. O (.
q �—' BUILDING C
25
' - MP PAID W = DU
Itl(E BB(E I • \ \J a m d
ACK eR `
REQUEST
WAIVER BUILDING A BUILDING B NO / ;'
I.
E �� FF EL=,28.50 EE EL.,ndO I \� � '\ ` / / / CC
LLI
--_ ---__-\4600'�roPOF BANK BUFFER
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EXISTING
STORMWATER POND IW. 07-00203
Q MSP-1
sz>ai s 78-cr 1/s/o7 36P
CFMRALPARK
Ocoee and Southwest Orange
County Apartment and Office
Market Overview
June 27, 2012
JUL 2 4 2012 ;�1t
NAI Realvesto
Commercial Real Estate Services, Worldwide.
Ocoee and Southwest Orange County Apartment and Office Market Overview
Introduction
This report analyzes recent trends in the Orlando area rental apartment and office markets, with
focus in the Ocoee and West Orange county sub -markets. Key data analyzed includes inventory,
occupancy rates, lease rates and construction trends.
Conclusions
As local employment gradually improves, the Orlando area apartment market continues to post
solid operating results as measured by occupancy and lease rates. Rents are rising as leases
renew and new rental households are formed. Limited new construction over the past four years
magnifies the growth in tenant demand. While homeownership is more affordable now than in
previous years, households continue to choose renting due to high down payment requirements
and stringent mortgage underwriting. Demand remains strongest for newly constructed units
throughout the Orlando market area and Southwest Orange County. The March 2012 occupancy
rate at the newest rental communities in this market area ranges from 94% to 99%, which is
above average for the Orlando metropolitan area.
The national recession has had a significant impact on the Orlando area office market. Vacancy
rates have increased and rental rates have decreased over the past four years. These changes
are especially dramatic in the Ocoee - Winter Garden sub -market where the January 2012 office
vacancy rate is 23.4% and lease rates have fallen almost 23% since 2007. Average office lease
rates are currently at the lowest level since 2003.
The market implications for the subject property are as follows:
• Rental apartments are the strongest real estate sector today, and are forecast to remain
the strongest segment as the national and local economies recover from the recession.
High occupancy rates at existing communities in the market area demonstrate strong
demand for new units. Initial lease -up rates at new communities in the market area
suggests that a new rental apartment community could achieve stabilized occupancy
within two years after the first certificate of occupancy is granted.
• The current inventory of vacant office space in the market area represents a four- to five-
year supply at average absorption rates experienced over the past four years. Because
of the inventory of vacant office space in the market area today together with declining
lease rates, construction of new office space on the subject property could not be
supported until the market strengthens. This analysis shows that four or more years may
be required before construction of office space can be supported.
I Realvest'
Ocoee and Southwest Orange County Apartment and Office Market Overview
Overall Apartment Market Conditions
The March 2012 inventory of rentable apartments in the Orlando metropolitan area was 153,084
units. With about 142,535 units occupied, the overall occupancy rate was 93.1 %.
The following table summarizes current inventory, occupancy and absorption data for rental
apartments in 12 sub -markets in the Orlando area as surveyed by Charles Wayne Consulting,
Inc. in March 2012. Comparable and competitive communities for the subject property are
located in the Winter Garden -Ocoee -West Orange and Dr. Phillips -Windermere sub -markets.
The occupancy rate in the Winter Garden -Ocoee -West Orange sub -market was 88.7% and
93.4% in the Dr. Phillips -Windermere sub -market.
ORLANDO AREA APARTMENT MARKET SUMMARY
March 2012
Rentable
Units Under
Occupied
Occupancy
Sub -market
Units
Construction
Units
Rate
A Sanford -Lake Mary
9,403
328
8,736
92.9%
B Longwood -Altamonte Springs
10,783
8
10,134
94.0%
C Casselberry-Winter Springs -Oviedo
10,413
3
9.833
94.4%
D Apopka
850
0
794
93.4%
E Winter Garden -Ocoee -West Orange
5,128
339
4,549
88.7%
F North Orlando -Winter Park -Maitland
13,940
481
12,598
90.4%
G South Orlando
27,562
379
25,630
93.0%
H East Orange-UCF
31,232
693
29,528
94.5%
1 South Orange County
10,307
264
9,659
93.7%
J Dr. Phillips -Windermere
12,192
300
11,389
93.4%
K Kissimmee
11,981
444
11,187
93.4%
L Lake/Northeast Polk
9,293
11
8,498
91.4%
Metro Area Total 153,084 3,250 142,535 93.1 %
NOTE: Units under construction includes units undergoing renovation.
SOURCE: Residential Market Reports; Charles Wayne Consulting, Inc.
Note: Units Under Construction does not include 216 units at Casa Mirella in the Dr. Phillips -
Windermere sub -market.
NCI Realve
st'
Ocoee and Southwest Orange County Apartment and Office Market Overview
Residential Market Reports Sub -markets Map
OW
4'A
4�0
Union Pa K
thlo
Central Park
Christmas,
520 i
i
ft,
I Realvest 3
Ocoee and Southwest Orange County Apartment and Office Market Overview
Apartment Construction Trends
The table below summarizes the change in number of apartment complexes, units under
construction, and total inventory since March 2000. This data includes all classes of rental
communities (market -rate and income restricted). The decrease in total inventory between 2005
and 2008 was due to the number of properties sold for condominium conversion. Since 2008, as
the condominium trend reversed and properties have reverted back to conventional rental, the
number of rentable units has increased. Since the housing market collapse in 2006 and the
subsequent crash in financial markets, construction of new rental apartment communities has
fallen to less than half of the annual level seen prior to 2006.
ORLANDO AREA APARTMENT MARKET CONSTRUCTION AND INVENTORY
2000 - 2012
Number of
Rentable
Units Under
Total
Survey Date
Complexes
Units
Construction
Inventory
March 2000
516
118,869
13,003
131,872
September 2000
532
125,361
11,297
136,658
March 2001
544
131,767
8,202
139,969
September 2001
553
136,370
6,511
142,881
March 2002
568
141,135
5,564
146,699
September 2002
575
144,526
4,951
149,477
March 2003
585
146,802
5,822
152,624
September 2003
590
150,064
3,761
153,825
March 2004
598
151,948
4,688
156,636
September 2004
596
151,037
6,196
157,233
March 2005
598
151,496
4,440
155,936
September 2005
592
147,154
3,940
151,094
March 2006
577
140,052
3,308
143,360
September 2006
563
134,459
3,783
138,242
March 2007
557
135,782
4,050
139,832
September 2007
567
136,987
5,598
142,585
March 2008
586
139,605
6,675
146,280
September 2008
604
144,659
3,699
148,358
March 2009
618
147,511
3,888
151,399
September 2009
623
149,672
3,169
152,841
March 2010
627
150,955
1,627
152,582
September2010
623
151,156
1,526
152,682
March 2011
630
151,952
2,000
153,952
September 2011
629
152,329
1,929
154,258
March 2012
635
153,084
3,250
156,334
SOURCE: Residential Market Reports; Charles Wayne Consulting, Inc.
Note: Units Under Construction does not include 216 units at Casa Mirella.
I Realvest° 4
_- _ _.. .- __ .., 111" 1 -- - :.ssax
Ocoee and Southwest Orange County Apartment and Office Market Overview
The graph below shows trends in apartment inventory and occupancy since March 2000. A drop
in overall occupancy rates followed the decline in apartment inventory that began in 2005. The
decline in overall occupancy rates resulted from renters moving out of apartments purchased by
investors for condominium conversion and job losses due to the economic recession. Rentable
units increased as units sold for condominium conversion were placed back into the rental
inventory as well as new construction. Overall occupancy rates rebounded after reaching a low
point in 2009 due to improving employment and demand for rental housing. Increased demand
for rental housing is driven by a constrained supply due to limited new construction and a
growing percentage of households choosing rental housing over homeownership.
160.000 1__ _.
155.000
150,000
145,000
140.000
135,000
2 130000
125,000
120,000
115.000
110 000
Orlando Ana Apartment lmvnbq and Occupancy
Survey Dau
f RenWW t Total t Ord
NCI Rea lvest*
9a 0%
9a 0%
940%
47 W
u
O
88 0'�
a8 0%
$C0%
92 0%
5
Ocoee and Southwest Orange County Apartment and Office Market Overview
Comparable Market -rate Apartment Communities
The table below summarizes data for the newer, conventionally financed market -rate apartment
communities in the vicinity of the subject property. Key observations from this analysis include:
• The eight comparable market -rate rental communities were built between 1999 and
2008.
• Lake Sherwood was originally planned as a 240-unit condominium community. Half of
the units were converted to rental apartments in March 2010.
• The March 2012 occupancy rate at these communities ranges from 89% to 100%,
which is above average for the Orlando metropolitan area.
• Unit absorption rates during initial lease -up at these communities
ranged
from 14 to 20
units per month.
Community Year Built Units Acres Density
Occupancy
Rate
Lease Rates
Lake Sherwood
1724 London Crest Drive 2006 120 N/A NIA
100%
$1,074 - $1,149
Orlando 32818
Villa Tuscany
753 Sherwood Terrace Drive 2002 342 24.0 14.3
94%
$815 - $1,175
Orlando 32818
Key Isle at Windermere Phase 1
2415 Treasure Landing Parkway 1999 282 N/A N/A
95%
$790 - $1,145
Ocoee 34761
Key Isle at Windermere Phase 2
2415 Treasure Landing Parkway 2007 165 N/A NIA
96%
$885 - $1,275
Ocoee 34761
Hawthorne Groves
204 Hawthorne Groves Boulevard 2001 328 27.5 11.9
93%
$784-$1,164
Orlando 32835
Bala Sands
8008 Bala Sands Boulevard 2002 298 29.0 10.3
96%
$859 - $1,297
Orlando 32818
Falcon Square
14600 Avenue of the Groves 2008 379 N/A NIA
89%
$910 - $1,405
Winter Garden 34787
Altis at Lakes of Windermere
11598 Lachlan Lane 2008 280 N/A NIA
90%
$895-$1,545
Windermere 34786
SOURCE: Residential Market Reports; Charles Wayne Consulting, Inc.
NCI Realvestg 6
Ocoee and Southwest Orange County Apartment and Office Market Overview
Office Market Conditions
The table on the following page shows quarterly office market statistics for the Ocoee -Winter
Garden sub -market from 2001 through January 2012. Key observations from this analysis
include:
• The inventory of office space as measured by total rentable square feet increased during
this period as a result of more properties being included in the quarterly survey and new
construction.
• The national recession had a dramatic impact on the office market beginning in the
second quarter 2007 with double-digit vacancy rates. Office vacancy rates reached a
peak of 31.0% in the fourth quarter 2008 and have recovered modestly to 23.4% in
January 2012.
• As a result of decreased demand for office space, average lease rates have fallen almost
23% since 2007. Average office lease rates are currently at the lowest level since 2003.
• Based upon the average annual absorption rate over the past four years of 25,800
square feet, the existing inventory of vacant office space in the market area would
require over four and one-half years to reach a 94% occupancy rate. Almost five years
would be required to fully lease all of the space currently available in the market area.
Office Inventory and Vacancy Rate
600.000
snow
5mlow
j 450.000
U.
m
400,000
Cr
N
350.000 yy
c I
cr 300.000 {
250,000
200.000 .
L��ti ` L L C � � L��yti L 1 e L�0� L-"b 1-"''�10 ti°�o
Quarter
-Total Rentable SF - Vacancy
RAI Realvest
3&0%
30.0%
f 25.0%
•
20.0% �
uT
C
15 0% m
10 0%
5.0%
7
OCOEE - WINTER GARDEN PROFESSIONAL OFFICE MARKET TRENDS
Number
New
Buildings
of
Total
Net
Buildings
New SF
Under
SF Under
Average
Period
Buildings Rentable SF
Vacant SF
Vacancy % Absorption
Delivered
Delivered
Construction Construction
Lease Rate
201140
59
551,595
127,619
23.1%
(7,486)
1
6,000
0
0
NNW
$19.93/fs
201130
58
545,595
114,133
20.9%
(4,491)
0
0
1
6,000
$19.64/fs
201120
58
545,595
109,642
20.1%
27,775
1
33,290
1
6,000
$19.68/fs
20111Q
57
512,305
104,127
20.3%
4,567
0
0
2
39,290
$19.44/1's
201040
57
512,305
108,694
211%
2M
0
0
1
33,290
$20.30!fs
20103Q
57
512,305
132,766
25.9%
( , )
0
0
1
33,290
$22.15/1s
2010 2Q
57
512,305
98,060
19.1%
18,352
0
0
1
33,290
$22.731fs
201010
57
51t305
116,412
22.7%
2,595
0
0
0
0
$22.73/fs
2009 4Q
57
512,305
119,007
23.2%
782
0
0
0
0
$22.O1 Js
2009 3Q
57
512,305
119,789
23.4%
4,099
0
0
0
0
S22.9214s
2009 2Q
57
512,305
123,888
24.2%
12,549
0
0
0
0
$23.37 fs
2009 IQ
57
512,305
136,437
26.6%
26,521
1
6.249
0
0
$23.664s
200 " - 506,056
156,709
31N0
(4,6§1)
0
0
1
6,249
$23.49/fs
2008 3Q
56
506,056
152,618
30.2%
(6.208)
0
0
1
6,249
$22.78/fs
20082Q
55
496,056
136,410
27.5%
6,145
1
45,000
2
16,249
$22.651fs
20081Q
451M,97,555
21.6%
32,j44
4
62,000
2
55,000
$24.91Its
2007 4Q
51
399,056
78,299
19.6%
(5,948)
0
0
5
107,000
S25.68ffs
200730
51
399,056
72,451
18.2%
(17,162)
1
12,550
4
97,000
$25.65/fs
200720
50
386,506
42,739
11.1%
(8,154)
0
0
4
64,550
$25.02/fs
200710
49
379,154
27,233
7.2%
8,567
4
30,843
1
7,352
S25.10ffs
2006 4Q
46
355,66 12,309
3.59 -
5,054
0
0
4
30,843
$23.01Ifs
2006 3Q
46
355,663
17,363
4.9%
20,838
0
0
4
30,843
$23.09,`fs
200620
45
343,151
25,689
7.5%
(2,100)
0
0
4
36,003
$23.561fs
2006 IQ
45
343,151
23,589
6.9%
17,635
4
31,410
2
15,512
$23.56/fs
200540
42
324,253
22,326
6.9%
3,800
0
0
5
34,410
$23.1O/fs
2005 3Q
42
324,253
26,126
8.1%,
7,524
0
0
4
21,898
$23.10/fs
2005 2Q
41
319,253
28,650
9.0%
2,400
0
0
5
26,898
$22.62/fs
200510
41
319,253
31,050
9.7%
5,165
3
15,000
1
5,000
$22.68/fs
200 4Q
09,253
26,215
8.5%
{-
�
0
0
3
15,000
$22.38/fs
2004 3Q
39
309,253
16,600
5.4%
6,062
0
0
2
10,000
$22.66/fs
2004 2Q
38
302,391
15,800
5.2%
4,600
0
0
3
16,862
$21.97/fs
200410
38
302,391
20,400
6.7%
11,894
2
17,356
1
6.862
$21.97/1s
2003 4Q
37
291,897
21,800
7.5%
800
0
0
2
17,356
$21.09/1's
200330
37
291,897
22,600
7.7%
19.140
2
17,840
1
10,494
$19.71/fs
2003 2Q
34
269,057
18,900
7.0%
(75)
0
0
4
33,334
$19.7511's
200310
34
269,057
18.825
7.0%
3,600
1
5,000
2
19,840
$21.49Ifs
sm
34
269,057
22,425
8.3%
5,598
1
6,840
1
5,000
$M.26/fs
200230
33
262,217
21,183
8.1%
(2,213)
0
0
1
6,840
$22.32/fs
2002 2Q
33
262.217
18,970
7.2%
(5,770)
0
0
1
6,840
S23.471fs
20021Q
33
262,217
13,200
5.0%
12,689
1
8,056
1
6.840
$24.61ifs
20014Q
32
254,161
17,833
7.0%
7,903
1
11,536
1
8,056
$23.11 fs
200130
31
242,625
14,200
5.9%
37,448
2
24,928
2
19,592
$23.47/fs
200120
27
204,677
13,700
6.7%
(600)
0
0
6
57,540
$24.98/fs
20011Q
27
204,677
13,100
6.4%
5,200
2
13,020
6
57,540
$22.15/fs
Source: CoStar
Property
RAI Realvest'
Ocoee and Southwest Orange County Apartment and Office Market Overview
Economic Impact
We analyzed and compared the economic impact of ad valorem taxes that would be generated
over a ten-year period by developing either retail space and rental apartments or retail and office
space on the property. The following assumptions were used in this analysis:
• Vacant land value is based on the current assessment of $180,000 per acre.
• The taxable value for retail buildings is $200 per square foot based upon a sample of
retail buildings built in Orange County since 2010.
• The taxable value for office buildings is $100 per square foot based upon a sample of
office buildings built in Orange County since 2010.
• The taxable value for apartment buildings is $100,000 per unit (including land value)
based upon comparable apartment communities built in Orange County since 2010.
• The total millage rate is 20.6097 per $1,000 of assess value, which includes 6.9239 mills
for the City of Ocoee.
• Based upon the current inventory and absorption rate of office space in this sub -market,
we assumed that the first 26,220-square-foot office building would not be delivered for
five years, with one additional 23,732-square-foot building completed each year
thereafter.
• Current market conditions support the complete build -out of all 242 apartments in the
first year.
The table below summarizes the total real estate taxes generated by retail, office and apartment
development on the property over a ten-year period based upon the assumptions outlined
above. The 17,000 square feet of retail space would be built under both scenarios. The
estimated real estate taxes generated over a ten-year period with a combination of retail space
and apartments are $5,743,923. In comparison, the estimated real estate taxes generated over a
ten-year period with retail and office space are $2,292,829.Over the ten-year period, an
additional $1,159,407 in ad valorem tax revenue would be returned to the City of Ocoee with
retail and apartment development on the property.
Estimated 10-Year Total Real Estate Taxes Generated
Retail
Apartment
Office
Year
Total
SF
Taxable
Value
Total Tax
Revenue
Total
Units
Taxable
Value
Total Tax
Revenue
Total SF
Taxable
Value
Total Tax
Revenue
1
17,000
$3.670.000
$75,638
242
$24,200,000
$498,755
0
$2,322.000
$47,856
2
17,000
$3,670,000
$75,638
242
$24,200,000
$498,755
0
$2.322,000
S47,856
3
17,000
$3,670,000
$75,638
242
$24,200,000
$498,755
0
$2,322,000
$47,856
4
17,000
$3,670,000
$75,638
242
$24,200,000
$498,755
0
$2,322,000
$47.856
5
17,000
$3,670,000
$75,638
242
$24,200.000
$498,755
26,220
$4,944,000
$101,894
6
17,000
$3.670,000
$75,638
242
$24,200,000
$498,755
49,952
$7,317,200
$150,805
7
17,000
$3,670,000
$75,638
242
$24.200,000
$498,755
73,684
$9,690,400
$199,716
8
17,000
$3,670,000
$75,638
242
$24,200,000
$498,755
91,416
$12,063,600
$248,627
9
17,000
$3,670,000
$75,638
242
1 $24,200,000
$498,755
121,148
$14,436,800
$297,538
10
17,000
$3,670,000
$75,638
242
$2000,000
$498,755
144,880 1
$16,810,000
$346,449
Totals
17,000
$3,670,000
$756,376
242
$24,200,000
$4,987,547
144,880
$16,810.000
S1,536,453
Total taxes collected over 10 years with Retail and Apartment development:
Total taxes collected over 10 years with Retail and Office development:
1YA1 Realvest"
Total Taxes City of Ocoee
$5,743,923 $1,929,691
$2,292,829 $770,284
t40x 875
IYAI Realvest
3139
tax 407875 137
Commercial Real Estate Services, Worldwide.
2200 Lucien Way, Suite 350
Maitland FL 32751.7019
nairealvest.com
ORDINANCE NO.
(Rezoning Ordinance for Park Place)
TAX PARCEL ID #: 29-22-28-8895-01001
CASE NO. RZ-12-06-03: Park Place (fka Skorman/Lake Butler Property)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM OCOEE GENERAL
COMMERCIAL (C-3) DISTRICT, TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 14.11 ACRES LOCATED ON THE NORTHEAST
CORNER OF MAGUIRE ROAD AND TOMYN ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR A REVERTER CLAUSE;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property (the "Rezoning"); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 14.11 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from Ocoee General Commercial (C-3) District, to Ocoee
PUD, "Planned Unit Development"; and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, on August 14, 2012 the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and detennined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 14.11 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee General
Commercial (C-3) District, to Ocoee PUD, "Planned Unit Development." A map of said land
herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B"
and by this reference is made a part hereof.
SECTION 3. LAND USE PLAN. The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Park Place PUD prepared by Miller Legg, date
stamped received by the City on , with such additional
revisions thereto, if any, as may be reflected in the minutes of the City
Commission of the City of Ocoee meeting approving the same (the "Land Use
Plan").
The above described Land Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 4. REVERTER. The Conditions of Approval incorporated into the Land
Use Plan require that, subject to the absence of certain conditions, the developer of the Property
make application for the first building permit for the residential portion of the site not later than
eighteen (18) months after the date of approval of the Land Use Plan. In the event the
application for building permit condition is not met and the City Commission does not desire to
extend the time period, after notice and public hearing, the City Commission may terminate the
Land Use Plan and cause that the zoning for the Property revert back to Ocoee General
Commercial (C-3) District.
2
SECTION 5. COMPREHENSIVE PLAN. The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 6. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter
180 of the Ocoee City Code.
SECTION 7. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 9. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this day of , 20.
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this day of 20.
Shuffield Lowman & Wilson P.A.
Bv:
Scott A. Cookson, City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 20
READ FIRST TIME 120
READ SECOND TIME AND ADOPTED
Under Agenda Item No.
wt
3
ire tenter of Good
c
AGENDA ITEM COVER SHEET
Meeting Date: September 18, 2012
Item # I �
Reviewed By:
Contact Name: Russ Wagner Department Director:
Contact Number: 407-905-3157 City Manager:
r
Subject: City of Ocoee Economic Development Ad Valorem Tax Exemption Ordinance
Background Summary:
In an effort to support economic growth, the electors of the City of Ocoee, by referendum, authorized the City
Commission to grant economic development ad valorem tax exemptions to certain businesses to promote job
growth within the community. The provisions of a program to implement these exemptions is summarized in
the attached handout entitled Ocoee's Tax Abatement Program.
Issue:
Should the Mayor and City Commissioners adopt an Ordinance to implement a tax abatement program to
stimulate economic development within the City?
Recommendations
Staff respectfully recommends that the Mayor and City Commissioners adopt the City of Ocoee Economic
Development Ad Valorem Tax Exemption Ordinance.
Attachments:
• Ocoee's Tax Abatement Program
• City of Ocoee Economic Development Ad Valorem Tax Exemption Ordinance
Financial Impact:
Unknown. None immediately.
Type of Item: (please mark with an x')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
X Regular Agenda
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
outer of Gooa r
Ocoee's
Tax Abatement
Program
Ocoee Voters approved a citywide job -creation -tax
abatement referendum in January 2012
This economic development tool gives the
City Commission the ability to approve
property tax exemptions to qualified new
and existing businesses that are expanding
in the City of Ocoee for the purpose of
creating new jobs.
The program authorizes the City to grant
qualifying businesses a temporary city
property tax exemption of up to 100% on
new capital improvement and/or equipment
purchases for up to 10 years. This incentive
will have no impact on what the company is
currently paying in City taxes on existing
land, buildings, infrastructure and
equipment.
Qualified businesses include manufactur-
ing, biomedical and life sciences,
aviation and aerospace, Homeland
Security and defense, logistics, financial
and professional services, Cleantech,
infotech, and other emerging business
sectors.
Other business with a majority of sales
outside the state or newly domiciled
offices may qualify if a sufficient number
of above -average wage jobs are being
created. Wage requirements may be
lower for businesses location in designat-
ed economic development areas.
This economic development tool was
created to help the City of Ocoee attract
high -paying jobs in targeted industries to
secure the region's long-term
sustainability.
Program Overview
♦ All grants of exemptions must be approved
by the Mayor and City Commissioners.
♦ The exemption benefit cannot exceed a
10-year period.
♦ The program does not exclude qualifying
business from school taxes, county taxes
or taxes levied by any other entity.
♦ Qualifying companies must meet the
threshold criteria for consideration
♦ Only new buildings and new equipment
built or purchased to accommodate new
employees are eligible. Land is not eligible
for the exemption.
♦ A business or organization that fails to
meet performance requirements or bench-
marks could/would have the exemption
revoked in whole or in part.
Frequently Asked Questions
About the City of Ocoee's Property Tax Exemption
What is the property tax exemption for economic development?
The ad valorem tax exemption for economic development is an economic incentive
program designed to encourage new businesses to locate in the City of Ocoee while
assisting existing local businesses expand to create new job opportunities.
The program authorizes the Mayor and the City Commission to grant qualifying
businesses a temporary City property tax exemption of up to 100% for up to 10 years.
Why does the City of Ocoee have this program in its tool box?
The economic development ad valorem tax exemption program diversifies the City's
business base by encouraging industries that offer higher -than -average salaries to locate
here while helping existing businesses expand.
How is the program administered?
Existing staff at the City of Ocoee will administer
the program.
How can existing businesses take ad-
vantage of this opportunity?
This incentive encourages existing businesses to
expand, purchase new equipment, save jobs and
create new jobs.
What taxes are eligible for exemption?
City of Ocoee property taxes on qualifying
buildings and equipment are eligible.
Are companies that apply automatically
granted an exemption?
No. Companies must first meet threshold
criteria required by state law and City
guidelines. If all criteria are met, an application
will be considered by the Mayor and City
Commissioners at a public hearing where public
input is taken. The Commission will have
discretion to grant or deny exemption
applications and to determine the percentage
and duration of the exemption. Each exemption
is granted on a case by case basis.
Qualifying Criteria
• Net number of new jobs
• Average wage of new jobs
• Capital investment by
applicant
• Must be a qualifying
industry or business
• Environmental impact
• Economic related
characteristics deemed
necessary by the City of
Ocoee
Center of Goo
K�ed Live
Ig
�0
Florida
What are the threshold criteria?
For New Businesses or Organizations
♦ A business or organization that manufactures, processes, compounds, fabricates, or
produces products at a fixed location and creates 10 or more full-time jobs paying an
average wage above the average wage in this area; or
♦ A business or organization that sells 50% or more of its goods outside the state and
creates 25 or more full-time jobs; or
♦ A business or organization that leases or owns office space on a site separate from any
other commercial or industrial operation that it owns and creates 50 or more full-time
jobs.
For Existing Businesses or Organizations
♦ A business or organization that manufactures, processes, compounds, fabricates, or
produces products at a fixed location and creates 10 or more full-time jobs that are
above the average wage in the area; or
♦ A business or organization that is a qualified target industry and creates 10 or more
full-time jobs that are above the average wage in the area; or
♦ A business or organization that creates 25 or more full-time jobs and sells 50% or more
of its goods outside the State for each year the exemption is claimed; provided that the
business increases operations on a site collocated with a commercial or
industrial operation owned by the same business, resulting in a net increase in
employment of at least 10%.
Are existing buildings and equipment eligible for exemption?
No. Only new buildings and new equipment built or purchased by a qualifying business
after the application for exemption is filed are eligible.
Land is not eligible. Equipment purchased to replace existing equipment is not eligible. If
the property has been taxed before, it is not eligible, regardless of any ownership change.
Can the exemption be applied retroactively?
No. It applies only to new construction and new equipment constructed or purchased
after the application for exemption has been filed.
What happens if a business that has been granted an ad valorem tax exemp-
tion fails to comply with the job creation requirements of the program?
A business or organization which does not achieve the performance requirements
specified in the individual authorizing ordinance could/would have the ad valorem tax
exemption revoked in whole or in part.
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, PERTAINING
TO EXEMPTIONS FROM AD VALOREM TAXATION; AMENDING
CHAPTER 160 OF THE CITY OF OCOEE CODE; ESTABLISHING AN
EXEMPTION FROM CERTAIN AD VALOREM TAXATION FOR
CERTAIN NEW BUSINESSES AND EXPANSIONS OF EXISTING
BUSINESSES; PROVIDING A SHORT TITLE; PROVIDING FOR
ENACTMENT AUTHORITY; PROVIDING FINDINGS OF FACT;
PROVIDING FOR DEFINITIONS OF TERMS; PROVIDING FOR
ESTABLISHMENT OF ECONOMIC DEVELOPMENT AD VALOREM
TAX EXEMPTION; PROVIDING FOR AN APPLICATION FOR AN
EXEMPTION; PROVIDING FOR CITY COMMISSION
CONSIDERATION OF SUCH APPLICATIONS; PROVIDING FOR AN
APPLICATION FEE; PROVIDING FOR CONTINUING
PERFORMANCE; PROVIDING FOR CITY COMMISSION
REVOCATION OF EXEMPTION; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A SUNSET
DATE; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee believes that local government should
support economic growth by providing an incentive for job creation that will lead to the
improvement of the quality of life of the residents of the City of Ocoee and the positive expansion
of the economy; and
WHEREAS, to this end, the City Commission of the City of Ocoee desires to offer ad valorem tax
exemptions to certain qualifying new businesses and expansions of existing businesses already
situated in the City of Ocoee; and
WHEREAS, the granting of ad valorem tax exemptions to such businesses will provide the City of
Ocoee with an additional economic development incentive and enhance the ability of the City of
Ocoee to compete for new business development within the City of Ocoee and retain local
businesses with planned expansions which will increase employment opportunities in the City of
Ocoee; and
WHEREAS, local governments are authorized to grant such tax exemptions pursuant to Article VI I,
Section 3, of the Florida Constitution and Section 196.1995, Florida Statutes, upon the successful
passage of an approving referendum; and
WHEREAS, the electors of the City of Ocoee have authorized the offering of ad valorem tax
exemptions to qualified new and expanding businesses in a referendum held on January 31, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISION OF THE CITY OF OCOEE,
FLORIDA:
Section 1. Title. This Ordinance shall be known as the "City of Ocoee Economic
Development Ad Valorem Tax Exemption Ordinance."
Section Enactment Authority. Article VII, Section 3, of the Constitution of the State of
Florida and Section 196.1995, Florida Statutes, enable municipalities to grant economic
development ad valorem tax exemptions to certain new businesses and expansions of
existing businesses expected to create new jobs after the electors of the municipality,
voting on the question in a referendum, authorize such exemptions. In a referendum held
on January 31, 2012, the electors of the City of Ocoee authorized the City Commission to
grant economic development ad valorem tax exemptions.
Section 3. Findings of Fact; Declaration of Intent.
A. It is a recognized function of local government to promote economic development
within its jurisdiction by providing financial incentives that will encourage new businesses to
relocate within its jurisdiction and existing businesses to expand, thereby creating
employment opportunities that will benefit the entire community.
B. The current economic climate has resulted in a high unemployment rate in the City
of Ocoee, impacting the quality of life for the citizens of the City of Ocoee and the
sustainability of local businesses.
C. The City Commission determines that the granting of economic development ad
valorem tax exemptions to new businesses locating in the City of Ocoee and to existing
businesses expanding in the City of Ocoee that meet the guidelines provided in this
Ordinance will promote and strengthen the local economy, will enhance the health and
welfare of the citizens of the City of Ocoee, and is in the best interests of the City of Ocoee
and serves both a municipal and a public purpose.
D. The City Commission desires to provide incentives to businesses of diverse
industries having a positive impact on the local economy through the creation of greater
employment opportunities in the City of Ocoee. The City Commission declares that the
provision of ad valorem tax exemptions pursuant to this Ordinance serves the public
purpose of fostering economic growth in the City of Ocoee, to the benefit of the City of
Ocoee's residents and business owners.
E. The granting of or denial of exemptions should be conducted on a rational, non -
arbitrary and non-discriminatory basis by the City Commission in furtherance of the
economic development goals of the City of Ocoee. Exemptions shall be granted for the
purpose of creating new jobs in and economic benefit to the City of Ocoee. To this end,
prior to any grant of an exemption, the City Commission shall consider the factors set forth
in this Ordinance. Applications for exemptions will be considered on a case -by -case basis
in determining whether sufficient economic benefits are presented.
F. This Ordinance shall expire on January 31, 2022.
Section 4. Definitions. The following words, phrases, and terms shall have the
meanings set forth below. Except where indicated otherwise, such words, phrases and
terms shall have the same meanings attributed to them in the Florida Statutes and the
Florida Administrative Code as amended from time to time:
'Administrator" means the City Manager of the City of Ocoee or such other person
designated by the City Manager.
"Applicant" means any person, firm, partnership or corporation who files an Application with
the City Commission seeking an exemption.
"Application" means a written application for an Exemption on the form prescribed by the
Florida Department of Revenue, together with any supplemental form prescribed by the
Administrator and such other certificates, representations, document, data, or additional
information requested by the Administrator or the Orange County Property Appraiser from
time to time as may be reasonably necessary or useful for the determinations contemplated
by this Ordinance.
'Average Wage in the County" means the Florida statewide private sector average annual
wage or the average of all private sector wages and salaries in Orange County or in the
Orlando metropolitan statistical area.
"Brownfield Area" means an area designated as a Brownfield area pursuant to Section
376.80, Florida Statutes.
3
"Business" means any activity engaged in by any person, firm, partnership, corporation, or
other business organization or entity, with the object of private or public gain, benefit, or
advantage, either direct or in direct.
"Capital Investment" means any expenditure for an Expansion of an Existing Business or a
New Business to be located in the City of Ocoee which can be capitalized under generally
accepted accounting principles.
"Change of Ownership or Control" means any sale, foreclosure, transfer of legal title or
beneficial title in equity to any person, or the cumulative transfer of control of more than fifty
percent (50%) of the legal entity that owned the property when it was most recently
assessed at just value. A change of control is present when a change of a director or
directors, general partner, or other controlling person or entity, results in a transfer of
control to a successor, or when a lease, contract, or other arrangement transfers control to
another person or entity.
"City"means the City of Ocoee, Florida.
"Community Redevelopment Agency" means the agency with jurisdiction over an area
designated as a community redevelopment area pursuant to Part III, Chapter 163, Florida
Statutes.
"County"means Orange County, Florida.
"Enterprise Zone" means an area designated as an enterprise zone pursuant to Section
290.0065, Florida Statutes.
"Exemption" or "Economic Development Ad Valorem Tax Exemption" means an ad valorem tax
exemption granted by the City Commission in its sole and absolute discretion to a Qualified
Business pursuant to this Ordinance as authorized by Article VII, Section 3 of the
Constitution of the State of Florida and Section 196.1995, Florida Statutes.
"Exemption Criteria" means the criteria to be applied by the City Commission in making its
determination as to whether to grant an Exemption, as provided for in Subsection 7 of this
Ordinance.
M
"Expansion of an Existing Business" m e a n s:
A. A business or organization establishing ten (10) or more new jobs to employ ten
(10) or more full-time employees in the City, paying an average wage for such new jobs
that is above the average wage in the County which:
1. principally manufactures, processes, compounds, fabricates, or produces for
sale items of tangible personal property at a fixed location and which comprises an
industrial or manufacturing plant; or
2. is a Target Industry Business.
B. A business or organization establishing twenty-five (25) or more jobs to employ
twenty-five (25) or more full-time employees in the City, the sales factor of which for the
facility with respect to which it requests an Exemption is less than 0.50 for each year the
Exemption is claimed; provided that such business increases operations on a site
collocated with a commercial or industrial operation owned by the same business, or
organization under common control with the same business or organization, resulting in a
net increase in employment of not less than 10 percent or an increase in productive output
of not less than 10 percent.
C. Any business or organization located in an Enterprise Zone or Brownfield Area that
increases operations on a site located within the same zone or area collocated with a
commercial or industrial operation owned by the same business or organization.
"Goods" means all personal property when purchased primarily for personal, family or
household use, but not including personal property sold for commercial or industrial use.
"Improvements" means physical changes made to raw land, and structures placed on or
under the land surface, including all Tangible Personal Property acquired to facilitate an
Expansion of an Existing Business provided that the Tangible Personal Property is added
or increased on or after the day an ordinance specifically granting a Business an
Exemption is adopted. Tangible Personal Property acquired to replace existing property
shall not be considered to facilitate a business expansion.
5
"New Business"means:
A. A business or organization establishing ten (10) or more new jobs to employ ten
(10) or more full-time employees in the City, paying an average wage for such new jobs
that is above the average wage in the County which principally engages in any one or more
of the following operations:
1. manufactures, processes, compounds, fabricates, or produces for sale items of
tangible personal property at a fixed location and which comprises an industrial or
manufacturing plant; or
2. is a Target Industry Business.
B. A business or organization establishing twenty-five (25) or more new jobs to employ
twenty-five (25) or more full-time employees in the City, the sales factor of which for the
facility with respect to which it requests an Exemption is less that 0.50 for each year the
Exemption is claimed; or
C. An office space in the City owned and used by a business or organization newly
domiciled in the City; provided that such office space houses fifty (50) or more full-time
employees of such business or corporation; provided that such business or organization
office first begins operation on a site clearly separate from any other commercial or
industrial operation owned by the same business or organization.
D. Any business located in an Enterprise Zone or Brownfield Area that first begins
operation on a site clearly separate from any other commercial or industrial operation
owned by the same business or organization.
E. A business that is situated on property that is annexed into the City and that, at the
time of annexation, is receiving an Exemption from the County.
"Qualified Business" means either a New Business or an Expansion of an Existing Business,
as defined herein, that meets the criteria to be considered for an Exemption.
6
"Sales Factor" means a fraction, the numerator of which is the total sales of the taxpayer in
this state during the taxable year or period and the denominator of which is the total sales
of the taxpayer everywhere during the taxable year or period.
"Tangible Personal Property" shall have the meaning set forth in Section 192.001(11)(d),
Florida Statutes.
"Target Industry Business" means an Expansion of an Existing Business or a New Business
that is engaged in a Business designated, at the time of consideration of an application for
Exemption, as a target industry business pursuant to Section 288.106, Florida Statutes.
Section 5. Establishment of Economic Development Ad Valorem Tax Exemption.
A. Incentive. There is herein established an Economic Development Ad Valorem Tax
exemption for ad valorem taxes levied by the City. The Exemption is a local option tax
incentive for a Qualified Business which may be granted or refused a the sole and absolute
discretion of the City Commission.
B. Ineligible Property. The Exemption shall not apply to Improvements and Tangible
Personal Property made or acquired by or for the use of a Qualified Business when such
Improvements or Tangible Personal Property have been included on the tax roll prior to the
effective date of the ordinance granting the Exemption.
C . Eligible Property. At the sole and absolute discretion of the City Commission, and
except as otherwise provided for in the Ordinance, the Exemption may be granted for up to
100 percent of the assessed value of all Improvements made by or for the use of a
qualifying New Business and of all Tangible Personal property of such New Business, or up
to 100 percent of the assessed value of all added Improvements made to facilitate the
qualifying Expansion of an Existing Business and of the net increase in all Tangible
Personal Property acquired to facilitate such Expansion of an Existing Business, provided
that the Improvements to real property are made or the Tangible Personal Property is
added or increased on or after the day the ordinance granting the Exemption is adopted.
Exemptions for less than 100 percent of such assessed values may be granted at the sole
7
and absolute discretion of the City Commission. Property acquired to replace existing
property shall not be eligible for the Exemption.
D. Land. Land is ineligible for the Exemption.
E. Duration of Exemption. Each Ordinance granting an Exemption shall state the period
of time for which the Exemption shall remain in effect and the expiration date of the
Exemption, which may be any period of time up to ten (10) years.
F. Applicable Taxes. The Exemption shall apply only to ad valorem taxes levied Citywide
by the City. The Exemption shall not apply to taxes levied by a County municipal service
taxing unit, the County, school district, or water management district, or other special
district or to taxes levied for the payment of bonds or taxes authorized by a vote of the
electors pursuant to Section 9(b) or 12, Article VII of the Florida Constitution.
G. Maximum Amount of Annual Exemptions. Notwithstanding any other provision of this
Ordinance, the total Exemptions granted by the City Commission for each fiscal year shall
not result in an estimated aggregate annual amount of forgone ad valorem tax revenues in
excess of two million dollars ($2,000,000.00), or such other amount approved by a
supermajority vote of the entire City Commission, which amount shall be determined by the
City commission based on estimates of the revenue lost to the City during the applicable
fiscal year by virtue of Exemptions previously granted plus Exemptions under consideration
in such applicable fiscal year.
Section 6. Application for Exemption.
A. Application. Any eligible person, firm, partnership or corporation which desires an
Exemption shall file with the City Commission a written Application. The Application must
be filed no later than March 1st of the year the Exemption is desired to take effect.
B. Review. Upon submittal of the Application, the Administrator shall review same and,
within 10 days of submission, notify the Applicant of any facial deficiencies. The
Administrator shall promptly deliver a copy of the Application, to the Orange County
Property Appraiser, who shall promptly notify the Applicant and the Administrator of any
additional information he or she determines to be necessary for adequate consideration of
the Application. Complete Applications shall be scheduled for a public hearing before the
City Commission no later than forty-five (45) days following receipt by the Administrator of
the Property Appraiser's report provided for in the Ordinance. The Applicant shall be
notified of the date and time of the public hearing.
C. Agreement. As a condition to receiving an Exemption, a Business will be required to
enter into an agreement with the City to ensure that the Business satisfies all requirements
associated with the creation of jobs in the City, the fulfillment of other representations made
in applying for the Exemption and the granting of the Exemption by the City Commission.
D. Community Redevelopment Agency. If a New Business is locating to, or an Expansion
of an Existing Business is occurring in, a Community Redevelopment Area, the Property
Appraiser shall promptly so notify the Administrator and the Community Redevelopment
Agency overseeing such area shall be provided a copy of the Application for review and
comment. Input from the Community Redevelopment Agency will be considered by the
City Commission in deciding whether an Exemption is to be granted. If such Community
Redevelopment Agency objects to the granting of an Exemption, the Community
Redevelopment Agency must submit an objection in writing to the City Commission for its
consideration.
E. Additional Submission Requirements. An Application for an Exemption shall be
submitted in advance of any necessary permit application changing the future land use or
changing zoning for proposed sites. In the case of existing sites or facilities where
adequate zoning and future land use is in place, an Application shall be submitted prior to
application for building permits.
Section 7. Application Process.
A. Property Appraiser Review and Report. Before the City Commission takes action on an
Application, a copy of the Application shall have been delivered to the Property Appraiser
for review pursuant to Section 6 of this Ordinance. After receipt and analysis of the
9
Application, and after receipt and analysis of such additional information as the Property
Appraiser may have requested in connection with the Application, the Property Appraiser
shall provide a report to the City Commission, which shall include the following:
1. The total revenue available to the City for the current fiscal year from ad
valorem tax sources, or an estimate of such revenue if the actual total revenue
available cannot be determined;
2. The amount of any revenue lost to the City for the current fiscal year by
virtue of Exemptions previously granted, or an estimate of such revenue if the actual
revenue lost cannot be determined;
3. An estimate of the amount of revenue which would be lost to the City
during the current fiscal year if the exemption applied for were granted, had the
property for which the Exemption is requested otherwise been subject to taxation;
and
4. A determination as to whether the property for which an Exemption is
requested is to be incorporated into a New Business or the Expansion of an Existing
Business, or into neither, which determination the Property Appraiser shall also affix
to the face of the Application.
5. Such additional information as the Property Appraiser may elect to submit,
including (but not limited to) a description of the data, information, documents,
certifications, opinions, and assumptions on which the report is based and on which
the Property Appraiser relied in reaching his/her determinations, the credibility and
reliability (or lack thereof) of such data, information, certifications, opinions, and
assumptions used by the Property Appraiser in reaching his/her determinations, and
caveats that the Property Appraiser may deem important or relevant to the City
Commission's consideration of the Application.
10
B. Eligibility Threshold. The threshold for eligibility is whether the Business meets the
definition of New Business or of an Expansion of an Existing Business as provided in this
Ordinance.
C. Ineligible Business. Any Business in violation of any federal, state, or local law or
regulation, including but not limited to, environmental matters, will not be eligible for an
Exemption.
D. Exemption Criteria. In considering an Application for an Exemption, the City
Commission shall take into account the following factors:
1. the total number of net new jobs to be created by the Applicant;
2. the average annual wage of the new jobs to be created by the Applicant;
3. the Capital Investment to be made by the Applicant;
4. the type of business or operation and whether it qualifies as a Target
Industry Business;
5. the environmental impact of the proposed business or operation;
6. the extent to which the Applicant intends to source its supplies and
materials within the County;
7. the status of any pending or current Exemption(s) in the County pertaining
to the same Business; and
8. Any other economic -related characteristics or criteria deemed necessary
or relevant by the City Commission including, but not limited to, specific Exemption
Guidelines as provided in this section to assist in making a determination as to
whether to grant an Exemption, and in determining the extent of any such
Exemption. The City Commission, in its sole and absolute discretion, may deviate
from such guidelines when considering Applications from Qualified Businesses if
the City Commission determines that such deviation is in the best interest of the
City. The recommended level of an Exemption under the Ordinance will be
determined by the lowest factor (i.e. estimated jobs, created, capital investments or
11
average wage) under which a Qualified Business falls. Qualified Businesses
locating in an Enterprise Zone or Brownfield Area may meet the percentage of
average wage requirements listed in the last column of the guidelines below.
Jobs (New
or Existing
Jobs
Business
(New
that sells
Business
Jobs (New or
more than
Wage
Existing
50% of
li
easn g or
Requirement
Manufacturing
goods
owning
in Brownfield
Abatement
Business or
outside of
new office
Capital
Avg.
or Enterprise
Level
Years
%
QTI)
State)
space)
Investment
Wage
Zone
1
5
50%
10
25
50
$200,000
115%
100%
2
7
50%
40
100
200
$500,000
150%
100%
3
7
75%
80
200
400
$1,000,000
150%
100%
4
10
75%
300
800
1600
$10,0000,00
200%
100%
5
7
100%
500
1000
1800
$25,0000,00
200%
100%
6
10
100%
1000
1500
2000
$50,0000,00
200%
100%
The City Commission may also implement by Resolution additional criteria or
guidelines for determining whether to grant Exemptions and the extent of such
Exemptions.
E. Board Ordinance. After consideration of the Application, the Property Appraiser's
report, input from a Community Redevelopment Agency, if applicable, and such other
information it deems relevant, and the evaluation of the Exemption Criteria, the City
Commission may choose in its sole and absolute discretion to enact an ordinance granting
an Exemption to the Applicant. If the City Commission decides to enact such an ordinance,
the ordinance shall be enacted in the same manner as any other general ordinance of the
City of Ocoee, and shall include the following:
1. The name and address of the New Business or the Expansion of an
Existing Business to which the Exemption is granted;
12
2. The name of the owner(s) of the New Business or the Expansion of an
Existing Business;
3. The total amount of revenue available to the City from ad valorem tax
sources for the current fiscal year, the total amount of revenue lost to the City for
the current fiscal year by virtue of Exemptions currently in effect, and the estimated
revenue loss to the City for the current fiscal year attributable to the Exemption of
the business named in the ordinance;
4. The percentage of assessed value of Improvements and tangible Personal
Property to be exempt from the City's ad valorem tax levies.
5. The period of time for which the Exemption will remain in effect and the
expiration date of the Exemption; and
6. A finding that the Business named in the ordinance meets the
requirements of Section 196.012(15) or (16), Florida Statutes.
7. A provision conditioning the Exemption upon the execution by the
Business of, and the ongoing compliance with, an agreement setting forth, among
other things, continuing performance obligations of the Business associated with the
creation of jobs in the City, the fulfillment of other representations made in applying
for the Exemption and the granting of the Exemption by the City Commission.
F. Precedent; Standard for Consideration of Applications. No precedent shall be implied or
inferred by the granting of an Exemption. Each Application shall be considered by the City
Commission in its legislative capacity on a case -by -case basis, after considering the
Property Appraiser's report on the Application and the exemption criteria set forth herein.
Section 8. Application Fees. By resolution, the City Commission may establish a
nonrefundable fee for processing each Application and preparing, implementing and
monitoring any implementing ordinance enacted by the City Commission.
Section 9. Continuing Performance.
A. Change in Ownership.
13
1. The Business granted an Exemption shall be required to inform the City
Commission in writing within ten (10) days as to any changes in ownership of the
Business granted an Exemption. Moreover, the transferee Business shall continue
to comply with all Exemption requirements and shall assume in writing all of the
obligations of the transferor Business provided for in the agreement required
pursuant to this Ordinance.
2. Failure of the Business granted an Exemption to notify the City
Commission of any such changes in ownership is cause for revocation of the
Exemption by adoption of an ordinance repealing the Exemption ordinance at the
City Commission's discretion.
B. Annual Filings. The ability to receive an Exemption for the period granted shall be
conditioned upon the Applicant's ability to maintain the Qualified Business throughout the
entire period. The Applicant shall be required to submit an annual renewal statement and
an annual report to the Administrator on or before March 1s` of each year for which the
Exemption was granted. The Applicant shall also timely comply with all filings required
pursuant to Section 196.011, Florida Statutes.
1. The annual renewal statement shall certify that the information provided in
the original Application has not changed.
2. The annual report shall provide a report on the status of the business,
evidencing satisfaction of the business maintenance and continued performance
conditions set forth in the Application. The report shall be prepared in substantially
the form approved by the Administrator and the Property Appraiser and shall
contain such information as the Administrator and Property Appraiser may
reasonably deem necessary for the purpose for determining continuing performance
by the Business of the conditions provided for in this Ordinance, the ordinance
specifically granting the Business an Exemption and the Representations made in
the Application.
14
Section 10. City Commission Revocation. Should any Business granted an Exemption
pursuant to this Ordinance fail to file the annual renewal statement and/or annual report on
or before March 1s' of each year the Exemption has been granted as required by this
Ordinance, fail to continue to meet the definition of a New Business or an Expansion of an
Existing Business, fail to timely inform the City Commission of a change of ownership, fail
to file a new Application upon any change in the information provided in the original
Application, fail to fulfill any other representation made to the City Commission during the
Application process, and/or fail to comply with any other requirement provided for in this
Ordinance, the City Commission may, upon thirty (30) days written notice to the respective
Business, adopt an ordinance revoking the Exemption or take such other action with
respect to the Exemption as it deems appropriate.
A. Notification. Upon revocation, the City Commission shall immediately notify the
Property Appraiser.
B. Recovery of Taxes. If it is determined that a Business was not in fact entitled to an
Exemption in any year for which the Business received an exemption, the County, Property
Appraiser or Tax Collector shall be entitled to recover all taxes not paid as a result of the
Exemption for such year or years, plus interest at the maximum rate allowed by law, plus all
costs of collection, including, without limitation, reasonable attorney's fees.
C. Reapplication. Nothing herein shall prohibit a Business from reapplying for an ad
valorem tax exemption pursuant to state law.
Section 11. Applicability. This Ordinance shall be applicable in all areas of the City
where the City of Ocoee is taxing authority.
Section 12. Review. The decision of the City Commission not to grant an Exemption
shall not be reviewable by the Value Adjustment Board pursuant to Part I of Chapter 194 of
Florida Statutes.
Section 13. Conflicts. All ordinances or parts of ordinances in conflict herewith are
hereby superseded or repealed to the extent of such conflict.
15
Section 14. Sunset Date. Pursuant to Section 196.1995, Florida Statutes, the City
Commission's authority to grant Exemptions shall expire on January 31, 2022. For
purposes of enforcement and revocation of Exemptions, this Ordinance shall survive such
expiration date. Such expiration date shall not affect the operation of any Exemption
granted under this Ordinance prior to January 31, 2022.
Section 15. Codification. Sections 1 through 12 of this Ordinance shall be codified in
Chapter 160 of the City of Ocoee Code
Section 16. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or
inconsistent herewith are hereby repealed and rescinded.
Section 17. Severabi/ity_ If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Section 18. Effective Date. This Ordinance shall become effective ten (10) days after its
passage and adoption.
16
PASSED AND ADOPTED THIS DAY OF )2012.
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND LEGALITY THIS DAY OF
2012
Shuffield, Lowman & Wilson, P.A.
in
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED ,
2012
READ FIRST TIME ,
2012
READ SECOND TIME AND
ADOPTED
2012
UNDER AGENDA ITEM NO.
17
Copy of Advertisement (that ran in the print media)
®ate Published and Media (dame
Advertisement or Article
CITY OF OCOEE - PUBLIC NEARING
A Public Heeriep before the Ocoee Ci1Y Com-
misson.v01 be held Tuesday. Saptem-
ber ", 2012 at 7:15 p.m. or as soon
thereafter as m% be heard, in the
Commission Chambers of City Hall of
150 North Lakeshore Dr1ve, Ocoee,
Florida, to consider the following:
AN ORDINANCE OF THE CITY OF OggCOEE, FlOJ1I-
WONEM TAXATION AMENDINE,GNCHAPTER 150
AN EXEMPTIONFFROM OERTA% AOABVA LI RIEM
TAXATION FOR CERTAIN NEI BUSINESSES
AND EXPANSIONS OF EXISTING BUSINESSES
PROVIDING A SHORT TITLE- PROVIDING FOd
ENACTMENT AUTHORITY- PRBppyy(DING FINDINGS
TERMS. ROVFDINGNFOR ESTABLISHMENT OI
FCnNOMIr DEVELOPMENT AD VAIOREM TAI
EXEMPTION PROVIDING FOR AN APPLICATIN
FOR AN E$JEM I N- PROVIDING FOR CIY
COMMISSION CONSIDERATION OF SUCH APPLE
CATIONS, PROVIDING FOR AN PPLICATION
ANU PROVIDINGFFORCCITY COMMISSION HE 1
�V�O�CAYION OF EXEMPTION; PROVIDING FOR AP-
PROCCVIIIDING kOR AVSUNSETODATEVPROVIDINYG
FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
If a person decides to appeal any deci-
sion made by the above City Commis-
sion with respect to any matter consid
ered at such hearing, they will need a
record of the proceedings, and for
such purpose they may need to ensure
that a verbatim record of.the proceed.
gs is made, which record includes
to>tlmony and evidence upon
which the appeal Is to be based
All interested parties are invited to at-
te„d and be heard with respect to the
0,0ve. in accordance with the Ameri-
Ins with Disabilities Act, persons
needing a special accommodation or
an interpreter to participate in this
Proceeding should contact the City
Clerk's office at 407-905-3105 at least 48
hours prior to the date of hearing.
Beth Eikenberry
City Clerk
OLS1200294 ,1,uc 2012