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HomeMy WebLinkAboutItem #14 a.b. Second Reading of Ordinance for Arbours at Crown Point PUDWE '! ()(_()(?P fIorida AGENDA ITEM COVER SHEET Meeting Date: September 17, 2013 Item # 19 Reviewed By Contact Name: Mike Rumeo� Department Director: Contact Number: (407) 905 -3100 x 1018 City Manager: Subject: Arbours at Crown Point PUD Rezoning from 1 -1 to PUD, Land Use Plan Project # RZ- 13 -04 -02 Commission District #1 — John Grogan ISSUE: Should the Honorable Mayor and City Commissioners approve a request from VHB for the rezoning from 1 -1 (Light Industrial) to PUD (Planned Unit Development) on 28.1 acres of land and approve the associated Arbours at Crown Point PUD Land Use plan and Development Agreement? DISCUSSION: The subject property is located on the north side of West Road and west of SR 429. It is approximately 28.1 acres in size, and is currently vacant except for an abandoned agricultural structure. The subject property is located adjacent to the West Orange Trail on the east with a 73 foot power line easement located along the eastern property line. Pedestrian access to the West Orange Trail is being provided on the northern property line with a vehicular crossing located on the eastern property line subject to Orange County approval. The applicant is proposing to rezone the property from 1 -1 (Light Industrial) to Planned Unit Development (PUD) for the purpose of developing a mixed use community that combines 192 multi - family apartments with future light industrial uses. Access is proposed via an existing entrance off West Road. An internal road dedicated to the public will be provided in the PUD Land Use Plan. 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 Public Facility A -1 (Agriculture) Reclaimed Water Facility (Winter Garden East Low Density Residential A -1 (Agriculture) Vacant Parcel South ROW N/A West Road West I Commercial /Industrial I PUD Commercial I Vacant Parcel The rezoning from 1 -1 (Light Industrial) to PUD (Planned Unit Development) allowing high density residential in a Light Industrial 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: "...but shall also permit secondary mixed uses offices and commercial and high density residential within mixed use projects." The Arbours at Crown Point PUD Land Use Plan proposes 192 multi - family units on 17.5 acres and 10.5 acres of land with uses consistent with 1 -1 (Light Industrial) zoning district. The residential density of the project will achieve 11 dwelling units per acre. The PUD Land Use plan provides for a full access road through the property to provide access to the vacant properties on the east side. The proposed apartments will be gated with private roads accessed from the new internal public road. The developer has proposed on -site amenities that will be constructed during various phases of development. The main on -site amenity that will be constructed is a clubhouse and community pool. This is proposed to be constructed at the entrance of the development concurrent with the first phase of construction. In addition to the clubhouse, other amenities such as open space and connection to the West Orange Trail will be provided. TRAFFIC ANALYSIS: A traffic Study was provided and approved by City Staff and the City's consulting transportation planning consultant. The traffic study indicated no transportation concurrency issues. This means that the trips generated from the 192 multi - family units and the 106,000 sq. ft. of non - residential use will not make any of the road sections within a one -mile radius fail the adopted level of service. The traffic study did indicate operational issues with the turning movements at Fullers Cross Road and Ocoee Apopka Road. The project will mitigate the turning movement issue by paying a proportionate share payment for a northbound to westbound left turn and a southbound to eastbound left turn on Ocoee Apopka Road. SCHOOLCONCURRENCY A finding of school capacity was provided by Orange County Public Schools on May 1, 2013, with a determination that there is not sufficient capacity to support the development of 192 multi - family total residential units. The Finding of School Capacity Determination found that the project fails in capacity for elementary and middle school aged students. The applicant has worked out an agreement with Orange County Public Schools. WEKIVA STUDY AREA The site is located within the Wekiva Study Area. The site contains class "A" soils and must maintain 35% open space within the areas with the class "A" soils. Other development criteria meeting the Comprehensive plan will be met. UTILITIES The project is not located within the City of Ocoee utility service area. Water and Service will be provided by Orange County. Reclaimed water will be provided from the City. PROPOSED WAIVERS/ REQUESTS: No waivers requested DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on August 7, 2013, and reviewed the Proposed PUD Rezoning and PUD Land Use Plan. No additional concerns were addressed, and the DRC voted unanimously to recommend approval of the PUD Land Use Plan /Rezoning for Arbours at Crown Point PUD subject to addressing all final comments. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on August 13, 2013, to consider approval of the applicant's request. A representative from the Westyn Bay HOA spoke against the project. Discussion from the Planning and Zoning Commission centered on which of the uses i.e. multi - family or commercial were more primary and secondary. The Planning and Zoning Commission voted 5 -1 in favor of recommending the city commission approve the rezoning to PUD and associated land use plan with member Keethler objecting and member West abstaining from the vote due to a conflict. Recommendations Staff recommends that the Honorable Mayor and City Commission approve the rezoning to PUD , the PUD Land Use Plan and Development Agreement for Arbours at Crown Point PUD. Attachments: Location Map FLU Map Zoning Map Aerial Map Arbours at Crown Point PUD Rendering Pictures Land Use Plan School Capacity Determination Rezoning Ordinance Development Agreement Financial Impact: None None Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda X 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. N/A Reviewed by Q N/A Arbours at Crown Point PUD Location Map i� � I r� r r / I I 2d a l' 3'r L T _ U h j ti O �d � O d ISaA q CL CL J UL o � �+ p L •� O = � L O r Q L L N 5 N U O E o -0 Q O N V E a) C U) Q w 0 c E 0 o O O N ac): " '� O y Q d w m N o p c m LL -° c mia O ii ° d N ti O N N C L) .— c a` C C O 7 (0 O m C o O E O 'y N� LL m m E m • v (n 3 a E L ca C U y ° U) .°� =dU �2U��—j a a d � Q O � a L Q Cf) a N a W o � N CL r ° "Y � a�i � � Q M � , V r• N c� 0 � a N •� O OR M p Q L2 U) E a`) �•� p p p N 0 CD d 3: L o 03 - - E E E 3 co o c .y U o c p m� m a) m a) °� n m.n t E E m a) E ' c� a) m a) p � p ,� m cn U a 3 �_ _� �_ _ c o o 'a�i o a a�i 3: a o o c c cn 0) 0 (n w Cn w (n O 2 2 CL Z U c7 ol�o6 CD U J 2 2 a Z) J O ,N i i ' II ` y it �� �' , : k . �� : i �� �� �. I 'i . 7�'� , f �4� -' i F, .', �- �, {- 'r ' �-'{ i :� y � , _ � ., . - ( 1 . •. � 1 ��,F� .I 1 -_ � � { j .. .. �. 1 � hr r � 1n . ; ...,,,, ,._.,� �. ! I , ,� '� i ti , �� r � 1n . ; ...,,,, µ.r � � S J � *` l ,ti � F � 'I'Fr� a �,.'r . d�' ��� � # ,�a j °• I S � j I I W _ !7 I e .2 .F" i� w ' j j JV A� I ` 1 ly � ol j i 0 16 �,- ~ .. ... . ORDINANCE NO. (Rezoning Ordinance for Arbours at Crown Point PUD) TAX PARCEL ID #: 06- 22 -28- 2856 -00 -010 06- 22 -28- 0000 -00 -046 CASE NO. RZ- 13- 04 -02: Arbours at Crown Point PUD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM OCOEE LIGHT MANUFACTURING AND WAREHOUSING DISTRICT, TO OCOEE PUD, "PLANNED UNIT DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 28.1 ACRES LOCATED ON THE NORTH SIDE OF WEST ROAD AND WEST OF S.R. 429, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN; 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 28.1 acres, more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof, from Ocoee Light Manufacturing and Warehousing 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 13, 2013, the Planning and Zoning Commission held a public hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive Plan and determined 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 September 17, 2013, 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 28.1 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Ocoee Light Manufacturing and Warehousing (1 -1) 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 VHB MillerSellen, date stamped received by the City on August 9, 2013, 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. 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 5. 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. 2 SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. 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 8. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of ATTEST: F�11 APPROVED: CITY OF OCOEE, FLORIDA 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. By: Scott A. Cookson, City Attorney S. Scott Vandergrift, Mayor ADVERTISED , 20 READ FIRST TIME 20_ READ SECOND TIME AND ADOPTED 20 Under Agenda Item No. EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Orange, STATE OF FL, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: Tract 1, FOUNTAINS WEST, according to the plat thereof, as recorded in Plat Book 72, Pages 111 through 116, inclusive, of the Public Records of Orange County, Florida. PARCEL 2: That part of the Southeast 1/4 of the Northeast 1/4, Section 6, Tm % 22 South, Range 28 East, Orange County, Florida, lying East of the following described line: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, run South 87 1 35'43' West 450.70 feet for the POINT OF BEGINNING, said POINT OF BEGINNING being North 87 0 35'43" East 2030.20 feet from a 4" x 4" concrete monument; thence run North 04 0 31'33" West 46.03 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819 "; thence continue North 04 0 31'33" West 1135.48 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819 "; thence continue North 04 1 31'33" West 60 feet, more or less, to a point on the North boundary of the aforesaid Southeast 1/4 of the Northeast 1/4, said point being the termination of the aforesaid described line. LESS: 30 foot right -of -way for West Road on the South, according to Right -of -Way Agreement recorded in Deed Book 736, Page 273. LESS: A strip of land 50 feet In width along the East line of the parcel of land described in Deed Book 736, Page 273, of the Public Records of Orange County, Florida; also being the East 50 feet of the Southeast quarter of the Northeast quarter of Section 6, Township 22 South, Range 28 East: Less the South 30 feet thereof; being more particularly described as follows: Commence at the Northeast corner of said Section 6; thence South 04 West along the East line of said Section 1161.38 feet to the Northeast corner of the Southeast quarter of the Northeast quarter of saki Section 6; said corner also being the POINT OF BEGINNING; thence continue South 04 West along said East line 1290.44 feet to a point on the North right -of -way of West Road; thence South 86 0 38'36" West along said North right -of -way 50.43 feet to a point on the West line of the aforesaid East 50 feet to the Southeast quarter of the Northeast quarter of Section 6; thence North 04 "53" East along said West line 1290.55 feet to a point on the North line of said Southeast quarter of the Northeast quarter of Section 6; thence North 86 1 46'40" East along said North line 50.42 feet to the POINT OF BEGINNING. 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Smith. AICP Senior Administrator Orange County Public Schools 445 West Amelia Street Orlando. Florida 32801.1129 ---------- --------- ------- -- ISPACE ABOVE THIS LINE. FOR RECORDING DATA] - -- -- ---- ---- - - - - -- SCHOOL MITIGATION AGREEMENT FOR CAPACITY ENHANCEMENT OCE -13 -002 Arbours Ca, Crown Point Parcel ID #: 06- 22 -28- 0000 -00 -010 / 046 THIS CAPACITY ENHANCEMENT AGREEMENT ('Agreement ") is entered into by and between THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a body corporate and political subdivision of the State of Florida, hereinafter referred to as "School Board;" and Arbour Valley Development, LLC, a Florida limited liability company, whose address is 6340 Via Tierra, Boca Raton, FL 33433, hereinafter referred to as "Applicant ". RECITALS: WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that certain tract of land located in the City of Ocoee, Florida, (`City ") as more particularly described on Exhibit "A," attached hereto and incorporated herein by reference (the "Property "). The Property location is further illustrated by a map attached hereto as Exhibit "B," and incorporated herein by reference; and WHEREAS, the Applicant has submitted a Development Application to the City in connection with a proposal to obtain a rezoning in order to develop approximately 192 new multi - family, attached, residential dwelling units on the Property; and WHEREAS, the School Board, Orange County, and the municipalities within Orange County have entered into that certain "Amended Interlocal Agreemcnt For Public School Facility Planning and Implementation of Concur► (the "Interlocal Agreement "), and WHEREAS, pursuant to Section 8 of the Interlocal Agreement, Section 704.13.2. of the Orange County Charter, and Section 30 -742 of the Orange County Code (together the "County Code "), an Applicant for a rezoning or comprehensive plan amendment that will generate additional students in a School Attendance Zone in which there is insufficient Net School Capacity to accommodate the anticipated additional students must enter into a Capacity Enhancement Agreement to mitigate the school overcrowding attributable to the anticipated additional students, all as specified in Section 8 of the Interlocal Agreement; WHEREAS, based on the current adopted Level of Service standards within the School Attendance Zone within which the Property is located, the School Board has determined there is insufficient Net School Capacity at the middle school for the number of public school students that the proposed new units are anticipated to generate (the "Failed Units "); and WHEREAS, approving the Development Application without requiring mitigation for the impacts of the proposed new units will either create or worsen school overcrowding applicable School Attendance Zone or Zones; and WHEREAS, the Applicant has agreed to enter into this Agreement to provide mitigation proportionate to the demand for Public School Facilities to be created by the Development Application, as more particularly set forth herein ('Mitigation "). NOW, THEREFORE, in consideration of the foregoing described Mitigation, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated into this Agreement by this reference as if fully set forth herein. 2. DEFINITION OF MATERIAL, TERMS, Any capitalized terms used herein but not defined shall have the meaning attributed to such term in the Interlocal Agreement 3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a legally binding commitment by the Applicant to mitigate for the impacts of the new residential dwelling units for which the Applicant is seeking approval pursuant to the Development Application and is intended to satisfy the requirements of Section 8 of the Interlocal Agreement. 4. CAPACITY ENHANCEMENT MITIGATION. The Parties agree that the Applicant shall provide the following Mitigation, in order to provide for additional capacity for middle school students: a. Pre - payment of School Impact Fees for the Failed Units of 42 multi- family residential units shall be made at the time the Final Site Plan is approved by the City, in the amount of $164,682.00. In the event School Impact Fees increase before the issuance of building permits for any of the Residential Units in the Project, then Applicant shall be obligated to pay the difference at the time building permits for such Residential Units are applied for by 2 Applicant. Payment of the impact fees for the remaining units shall be due in accordance with the provision of the School Impact Fee Ordinance. b. Payment of an additional $62,034.00 to cover the additional costs associated with providing the necessary capacity. Such additional payment shall be due and payable at the time the Applicant's Final Site Plan is approved by the City. 5. IMPACT FEE CREDIT. The School Board shall inform City of the pre - payment of School Impact Fees and request a credit equal to the amount of the School Impact Fees paid in advance under this Agreement. Said Credit shall be applied to the School Impact Fees imposed under the Orange County Impact Fee Ordinance, as provided in Section 10 of the Interlocal Agreement. In the event that the School Impact Fees prepaid by the Applicant exceed the School Impact Fees due pursuant to the School Impact Fees Ordinance, Applicant may request that the excess School Impact Fees be transferred to another project within the jurisdiction of the City. 6. SCHOOL CAPACITY IMPROVEMENT. The School Board agrees to utilize the Applicant's Capacity Enhancement Mitigation to address the overcrowding that would be created or worsened by approval of the Applicant's Development Application. Uses of Capacity Enhancement Mitigation may include, but are not limited to, the following: a. Purchase of real property for construction of additional school facilities that would provide additional capacity. b. Construction of additional permanent student stations in new buildings or through renovation of existing buildings. C. Construction of additional core facilities in new schools or expansion of existing core facilities in existing schools. d. Provision of additional temporary capacity through the lease or purchase of portable facilities until permanent facilities may be constructed. e. Advancing a school included in the most recent Capital Outlay Plan that will provide capacity for the students generated by the Applicant's Development Application. f. Any other actions which will result in provision of the necessary school capacity. 7. EFFECTIVE DATE. The effective date of this Agreement shall be the date when the last one of the parties has properly executed this Agreement as determined by the date set forth immediately below their respective signatures (the "Effective Date "). 8. CREDIT TO PROPORTIONATE SHARE MITIGATION. Any Capacity Enhancement Mitigation paid pursuant to this Agreement, except for the cost of temporary classrooms needed to accommodate the Development Impact until permanent facilities are 3 constructed, shall be credited toward any Proportionate Share Mitigation as provided in section 17 of the Interlocal Agreement. 9. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any administrative application fees paid under the following circumstances: a. The City does not approve the Development Application within one hundred eighty (180) days of the Effective Date of this Agreement. In such event, all mitigation paid by the Applicant shall be refunded to the Applicant. b. The Applicant, by failure to proceed in good faith in a diligent and timely manner, fails to secure a Final Site Plan Approval within three (3) years of the Effective Date. In such case, this Agreement shall be terminated and any encumbered capacity shall become unencumbered. The Applicant will not be entitled to a refund of Capacity Enhancement Mitigation paid under this Agreement. 10. DEFAULT. a. A default by either Party under this Agreement shall entitle the non - defaulting Party to all remedies available at law or in equity. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue written notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. If the default is the non - payment of money, the defaulting Party shall have fifteen (1 5) days from receipt of the notice in which to cure the default. If the default is other than for the non - payment of money, the defaulting Party shall have thirty (30) days from receipt of the notice to cure such default; provided, however, if such default cannot be reasonably cured within such thirty (30) day period, the defaulting Party shall have such additional time as the nature of the default may reasonably require with the exercise of due diligence. If the default has not been cured within the period provided above, or in the case of a default other than for the non- payment of money, if the cure is not commenced within the period provided above or is not diligently and continuously pursued to completion, the non - defaulting Party may exercise the remedies described in this Section. b. Notwithstanding any of the foregoing to the contrary, the parties acknowledge and agree that in the event an uncured default is a failure by Applicant to make a required payment under this Agreement and Applicant has not obtained a building permit for vertical construction on the Property, then, subject to the provisions above in this Section that require notice of default and grant a period to cure, the School Board's sole and exclusive remedy shall be to terminate this Agreement and revoke any capacity awarded Applicant pursuant to this Agreement. 11. COVENANTS RUNNING WITH THE LAND. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the 4 parties, and shall be a covenant running with the Property and be binding upon the successors and assigns of the Applicant and upon any person, firm, corporation, or entity who may become the successor in interest to the Property. 12. NOTICES. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the address set forth opposite the party's name below, or to such other address or other person as the party shall have specified by written notice to the other party delivered in accordance herewith: School Board School Board of Orange County, Florida Attention: Superintendent of Schools 445 West Amelia Street Orlando, Florida 32801 With a Copy to: Orange County Public Schools Office of Planning and Governmental Relations 445 West Amelia Street Orlando, Florida 32801 Owner: Gabe Ehrenstein Arbour Valley Development, LLC 6340 Via Tierra Boca Raton, FL 33433 With a Copy to: Micky Grindstaff Shutts & Bowen LLP 300 South Orange Avenue, Suite 1000 Orlando, FL 32801 13. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only. They in no way define, describe, extend or limit the scope or intent of this Agreement. 14. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, and signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates, and shall not be deemed to be a continuing or future waiver. 15. EXHIBITS. All Exhibits attached hcreto are a part of this Agreement and are fully incorporated herein by this reference. 5 16. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be binding upon the parties hereto unless in writing and executed by all the Parties to this Agreement. 17. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant may assign its rights, obligations and responsibilities, including the capacity reserved for the Property, under this Agreement to a third -party purchaser of all or any part of fee simple title to the Property, with the School Board's prior written consent. Applicant shall submit its request for consent of an assignment and /or transfer under the terms of this Paragraph 18, in writing to the School Board prior to such assignment. The School Board shall have fifteen (15) days after receipt of said request to approve or deny the request, which approval shall not be unreasonably withheld. The School Board hereby authorizes the Superintendent or his /her designee to consent to all assignments and /or transfers of rights described in this Paragraph 18. In the event the Superintendent or his /her designee fails to deny or object to an Applicant's request within the time period prescribed herein, such assignment and /or transfer request shall be deemed approved. Such consent may be conditioned upon the receipt by the other parties hereto of the written agreement of the assignee to comply with conditions and procedures to aid in the monitoring and enforcement of the assignee's performance of the Applicant's obligations with regard to Mitigation under this Agreement 18. COUNTERPARTS. This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. 19. RECORDING OF THIS AGREEMENT. The School Board agrees to record this Agreement, at Applicant's expense, within fourteen (14) days after the Effective Date, in the Public Records of Orange County, Florida. 20. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement a►nong the Parties with respect to the subject matter addressed herein, and it supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, among the Parties. 21. SEVERABILITY. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be stricken from the Agreement, and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. 22. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida and in accordance with the Orange County Code and venue for any action to enforce the provisions of this Agreement shall be in the Ninth Judicial Circuit Court in and for Orange County, Florida. 6 23. ATTORNEY'S FEES. In the event any party hereto brings an action or proceeding, including any counterclaim, cross- claim, or third party claim, against any other party hereto arising out of this Agreement, each party in such action or proceeding, including appeals therefrom, shall be responsible for its own attorney fees. 24. SCHOOL CONCURRENCY. Residential units subject to Capacity Enhancement Review process and covered under this Agreement, as well as residential units not subject to the Capacity Enhancement Review and not addressed in this Agreement will be subject to separate review for school concurrency purposes as set forth in the Interlocal Agreement. (SIGNATURE AND ACKNOWLEDGMENT ON FOLLOWING PAGE) 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates set forth below. Signed, sealed and delivered in the Presence of: Print Name: Print Name: Print Name: Print Name: Approved as to form and legality by the Office of the General Counsel for The School Board of Orange County, Florida this day of 2013. Eileen D. Fernandez, Esq. Associate General Counsel "SCHOOL BOARD" THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, a corporate body organized and existing under the constitution and laws of the State of Florida Rv: Name: William E. Sublette Title: Chairman Date: Atte 20 Barbara M. Jenkins, as its Secretary and Superintendent {Corporate Seal} 8 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of 20_, by William E. Sublette, as the Chairman of The School Board Florida, a corporate body organized and existing under the constitution and of Florida. Said person (check one) is personally known to me or as identification. of Orange County, laws of the State produced My commission expires: STATE OF FLORIDA COUNTY OF ORANGE Printed Name: Notary Public, State of Florida Commission No. The foregoing instrument was acknowledged before me this day of 20_, by Barbara M. Jenkins as Secretary and Superintendent of The School Board of Orange County, Florida, a corporate body organized and existing under the constitution and laws of the State of Florida. Said person (check one) is personally known to me or produced as identification. Printed Name: Notary Public, State of Florida Commission No. My commission expires: APPLICANT Signed, witnessed, executed and acknowledged on this day of 1 2013. Arbour Valley Development, LLC, a Florida WITNESSES: limited liability company NO Print Name: Print Name: STATE OF FLORIDA ) ) SS: COUNTY OF ORANGE ) Print Name: Title: Before me on 2013, personally appeared , as of Arbour Valley Development, LLC, a Florida limited liability company, on behalf of said company,who _ is personally known to me or has produced as identification, and who acknowledged that he /she signed the above instrument as his /her free and voluntary act. Notary Public Name Printed, Typed or Stamped Certificate No. 10 Exhibit A — Legal Description PARCEL I : Tract 1, FOUNTAINS WEST, according to the plat thereof, as recorded in Plat Book 72, Pages I I 1 through 116, inclusive, of the Public Records of Orange County, Florida. PARCEL 2: That part of the Southeast 1/4 of the Northeast 1/4, Section 6, Township 22 South, Range 28 East, Orange County, Florida, lying East of the following described line: From the Southeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 6, Township 22 South, Range 28 East, Orange County, Florida, run South 87 °35'43" West 450.70 feet for the POINT OF BEGINNING, said POINT OF BEGINNING being North 87 0 3543" East 2030.20 feet from a 4" x 4" concrete monument; thence run North 04 °31'33" West 46.03 feet to a 4" x 4" concrete monument with disk stamped "RLS 1585 and RLS 1819 ", thence continue North 04°31'33" West 1135.48 feet to a 4" x 4" concrete monument with a disk stamped "RLS 1585 and RLS 1819 "; thence continue North 04 °31'33" West 60 feet, more or less, to a point on the North boundary of the aforesaid Southeast 1/4 of the Northeast 1/4, said point being the termination of the aforesaid described line. LESS: 30 foot right -of -way for West Road on the South, according to Right -of -Way Agreement recorded in Deed Book 736, Page 273. LESS: A strip of land 50 feet in width along the East line of the parcel of land described in Deed Book 736, Page 273, of the Public Records of Orange County, Florida; also being the East 50 feet of the Southeast quarter of the Northeast quarter of Section 6, Township 22 South, Range 28 East: Less the South 30 feet thereof, being more particularly described as follows: Commence at the Northeast corner of said Section 6; thence South 04 °07'53" West along the East line of said Section 1161.38 feet to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 6; said corner also being the POINT OF BEGINNING; thence continue South 04 °07'53" West along said East line 1290.44 feet to a point on the North right -of- way of West Road; thence South 86 °38'36" West along said North right -of -way 50.43 feet to a point on the West line of the aforesaid East 50 feet to the Southeast quarter of the Northeast quarter of Section 6; thence North 04 °07'53" East along said West line 1290.55 feet to a point on the North line of said Southeast quarter of the Northeast quarter of Section 6; thence North 86 °46'40" East along said North line 50.42 feet to the POINT OF BEGINNING. (Deeded to Orange County in Official Records Book 4938, Page 4527. u � I O a d` c , c o ,a E- . Igal�Obu�oq, �� • � �� FIH 495 Wmt Amelia Swot - Orlando. FL 32801 1129 • P)mm 407.317,3700 -,w —,(ps nct FINDING OF SCHOOL CAPACITY RECOMMENDATION FOR DENIAL — SCHOOL CAPACITY DETERMINATION May 1, 2013 VIA E -MAIL: ihall(a�vhb,com Jim Hall VHB MillerSellen 225 E. Robinson Street Suite 300 Orlando, FL 32801 Action: RECOMMENDATION FOR DENIAL for Application OCE -13 -002. This letter serves at the as the official determination by Orange County Public Schools that school capacity for the following development application is not available Type of Determination Requested Type of Development Application City Application #: Application Name: OCPS Application Date Parcel #(s): Requested Units ( #): Acreage: School Board District: CEP ® Concurrency ❑ ❑ FLUM (CEP) ( Rezoning (CEP) ❑ Preliminary Plat/ Site Plan/ Functional Equivalent N/A Arbours @Ocoee April 4, 2013 06- 22 -28- 0000 -00 -010 / 046 Total: 192 SF: N/A MF: 192 +/- 28.15 acres #7 Detailed Capacity Analysis: Attachment A Upon review of the above -named application for Capacity Determination, the Office of Planning & Governmental Relations of Orange County Public Schools finds as follows: ® Capacity Enhancement Program Denial (CEP): The CEP Application is denied based on a finding of insufficient school capacity at the Elementary and Middle school to support the development of 192 multi- family new residential units. ❑ Concurrency Denial: N/A (Concurrency evaluation is based on total number of units irrespective of vesting.) If the Applicant wishes to determine if the project can be approved through mitigation, they are invited to meet with the Office of Planning and Governmental relations to determine if a solution can be identified to accommodate the needs. To request mitigation options and enter into negotiations, the Applicant must contact the Office of Planning & Governmental Relations at (407) 317 -3200 ext. 2898 or e -mail me at tyrone.smith @ocps.net within fourteen (14) business days of receipt of this letter to set up an appointment for a mitigation review. Please reference the application number when scheduling an appointment. This determination is governed by the Orange County Public Schools: Capacity Enhancement Program and Concurrency Management System Operating Procedures as approved by the Orange County School Board, the provisions of the 2008 Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, the provisions of the municipality's adopted Comprehensive Plan, the Orange County Charter and the Florida Statutes. Sincerely, Tyrone K. Smith, MPA Senior Administrator OCPS Planning & Governmental Relations TKS Cc: Michael Rumer, City Planner, Planning Department, City of Ocoee (via e-mail) Micky Grindstaff, Esq., Shutts & Bowen LLP (via e -mail) Project File Page 2 of 3 Attachment A ORANGE COUNTY PUBLIC SCHOOLS Planning & Governmental Relations e'I !1 1 . 1 ,'r ,, , r ;r;i I ;,1,1 41412013 Project ID: OCE- 13 - 041 Valid Until: 101112013 Project Name: Arbours @ Ocoee Number of Unvested Units: Single Family: p Multi- Family: 192 Number of Vested Units: Single Family: 0 Multi- Family: 0 LAW KA :012 -23 Page 3 of 3 The Development Agreement will be forthcoming. �. U� yu ��tV y r — ©cite PuNshed and] Meft_ Nam 3 E__1 L - AdverMement ©v ArUde CITY OF OCOEE NOTICE Of P AT 6ROWNRPDINT R ARBOURS PUD REZONING CASE NUMBER: RZ- 13.04 -02 NOTICE IS HEREBY GIVEN, pursuant to Sub- section 1.10 (A)(1)(V) of the City of Ocoee Land Development Code, that on TUESDAY, SEPTEMBER 17, 2013, AT 7:15 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold a PUBLIC HEARING at the City of Ocoee Commis- sion Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to consider the rezoning for two parcels identified as parcel numbers 06- 22 -28- 2856 -00 - 0 1 0 and West Road. The parcels are 28.1 acres. The rezoning would be from 1 -1, Light - Manufacturing & Warehousing to Planned Unit Development (PUD) for a mixed use development consisting of L 9 ht l i Industrial with l l 1 ues acres) (10.6 acres). AN ORDINANCE OF THE CITY OF OCOEE. FLORI- DA CHANGING THE ZONING CLASSIFICATION FRAM OCOEE LIGHT MANUFACTURING AND PLANNED U DEVELOPN�ENT, ON CERTA14 REAL PROPERTY CONTAINING APPROXIMATELY 28.1 ACRES LOCATED ON THE NORTH SIDE OF WEST ROAD AND WEST Of S . 429 PURSU- ANT TO THE APPLICATION SUBMITTEA BY THE PROPERTY OWNER' FINDING SUCH ZONING TO HEN SI P OVIDINC AND AUTHOR- IZING THE REVISION OF THE OFFICIAL CITY ZONING MA P ' REPEALING INCONSISTENT DRDI- VIDIING ANDEfFECTVESUATEABILI7Y: PRO - The complete case file, including a Complete legal description by metes and bounds, may be inspected at the Ocoee Planning Department located at 150 North Lakeshore Drive, Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p. m., Monday through Fri day, except legal holidays. The Ocoee City commission may con- tinue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any 'co heariings shall be announ c ring the hearing and no further ill re- gording these matters wll be Pub- lished. You are advised that any per- son o desires to wh appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appealis based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Cle ho in a dvance of 905 -310 Beth Eikenberry, City Clerk OLS1253153 09/05/2013 . City Of Ocoee 150 N Lakeshore Drive CITY OF OCOEE OCOEE, FL 34761 -0000 Before the undersigned authority personally appeared Pam L. Davis /Tamela Vargas /Deborah M. Toney, who on oath says that s/he is the Legal Advertising Representative of Orlando Sentinel, a daily newspaper published in Orange County, Florida; that the attached copy of advertisement, being a Advertisement for Bid in the matter of Case No. RZ- 13 -04 -02 in the Orange County _, was published in said newspaper in the issue(s); of 09/05/13 Affiant further says that the said Orlando Sentinel is a newspaper published in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each week day and has been entered as second -class mail matter at the post office in said Orange County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that s /he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this day of September, 2013, Pam L. Davis /Tamela Vargas /Deborah M. Toney, who is personally known to me and who i• T T T NOTICE OF PUB C HEARING ARBOURS AT CROWN POINT PUD REZONING CASE NUMBER: RZ -13 -0402 section 1 ) of the t City of Ocoee Land Deve'•:nmsn+ Cade, thnl on TUESDAY, SEPTEMBER 17, 2013, AT 715 P.M. or as soon thereafter as practical, the OCOEE CITY COMMISSION will hold n PHRnr CIS nd The t rezootlng h wopld c be from 2 1 -1, a Light Manufacturing & Warehousing to Planned Unit Development (PUD) for a mixed use development consisting of 192 multi - family units (17.5 acres) and Light Industrial with I -1 uses (10.6 acres). The complete case file, including a complete legal description by metes and bounds, may be inspected of the Ocoee 150 North Lakeshore Drive located Ocoee, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Fri- day, except legal holidays. 1 nue public hearing to of her and times, as it deems necessary. Any interested party shall 13 advised of the dates, times, and places of any conti continuation of these or continued Pub- nuation hearings shall be announced during the hearing and no further notices re- 9shednYouBare matters ed that any p P r- son who desires to appeal any decision made at the public hearings will need a record of The proceedings and for this purpose may need to ensure that a verbatim record of the proceetlings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this Proceeding ler 's fceIT48 should contact in advance the meeting at (407) 905 -3105. Beth Eikenberry, City Clerk OL51253153 09/05/2013 1253153 NOTARY PUBLIC STATE OF FLORIDA Comm# DD938521 r Expires 11/18/2013