HomeMy WebLinkAboutItem #05 Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 19, 2017
Item # 5
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement
between Chevron Land and Development Co., Orange County Public Schools
and City of Ocoee (OCE-16-003)
Commission District# 1 - Richard Firstner
Background Summary:
As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning Implementation
of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School Board and the Applicant
of the proposed development when the students generated fails to meet the adopted level of service.
The applicant submitted a School Concurrency Determination Application and Development Analysis to the
Orange County School Board in connection with a proposal to obtain approval for a Preliminary and Final
Subdivision Plan in order to develop 173 Residential Units and 80 multi-family Residential Units on the Eagle
Creek of Ocoee property. The analysis determined that based on the current adopted Level of Service
standards for the School Concurrency Service Areas within the Property and including the anticipated new
School Capacity available within the District Facilities Work Program, there is insufficient Available School
Capacity at the middle school level. The Concurrency Analysis calculated that all 21.86 students generated will
need to be mitigated. The parties agreed to a Proportionate Share Mitigation payment of $455,627.98 to cover
the cost of 58 student stations. This payment along with three scheduled impact fee payments of $644,381.00
will keep the capacity reserved for Eagle Creek.
Issue:
Should the Honorable Mayor and City Commission authorize the Mayor to approve and sign the School
Capacity Mitigation Agreement for the Eagle Creek of Ocoee Subdivision, between Chevron Land and
Development Co. Applicant, the City of Ocoee, and Orange County Public Schools?
Recommendation:
Staff recommends the City Commission approve and the Mayor sign the School Concurrency Mitigation
Agreement for the Eagle Creek of Ocoee Subdivision, between Chevron Land and Development Co. Applicant,
the City of Ocoee, and Orange County Public Schools.
Attachments:
School Concurrency Mitigation Agreement (OCE-16-003)
OCE-16-003 Concurrency Denial Letter with Attachment A
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading l Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
After recording return to:
Tyrone K.Smith,AICP
Orange County Public Schools
6501 Magic Way,Building 200
Orlando,Florida 32809
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
SCHOOL CONCURRENCY
MITIGATION AGREEMENT
OCE-16-003
Eagle Creek of Ocoee
07-22-28-0000-00-001
THIS SCHOOL CONCURRENCY MITIGATION AGREEMENT ("Agreement"), is
entered into by THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate
and political subdivision of the State of Florida, ("School Board"); CITY OF OCOEE,a municipal
corporation of the State of Florida, ("City/Town") and CHEVRON LAND AND
DEVELOPMENT CO, a Delaware corporation, whose address is P.O. Box 285, Houston, Texas
77001 (the "Applicant"), collectively referred to herein as the "Parties."
RECITALS:
WHEREAS, the School Board, Orange County, and the municipalities within Orange
County have entered into that certain "Amended and Restated Interlocal Agreement For Public
School Facility Planning and Implementation of Concurrency" (the "Interlocal Agreement"), and
WHEREAS,pursuant to Section 16.6 of the Interlocal Agreement, an applicant submitting
a School Concurrency Determination Application for approval of a Site Plan that will generate
additional students in a School Concurrency Service Area in which there is insufficient Available
School Capacity to accommodate the anticipated additional students must enter into a
Proportionate Share Mitigation Agreement to prevent school overcrowding attributable to the
anticipated additional students generated by the Residential Development as specified in the
Interlocal Agreement;
WHEREAS,an Applicant must submit the School Concurrency Determination Application
along with a Development Analysis which identifies the proposed location of the Residential
Development, the number of Residential Units that will be created, a phasing schedule (if
applicable), a map demonstrating land use and zoning classifications for the Applicant's property,
as well as all other information required pursuant to Section 16.5 of the Interlocal Agreement, to
the County; and
WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that
certain tract of land, as more particularly described on Exhibit "A," attached hereto and
APPROVED 1,,//3/0
OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 1 School Board Meeting:
Agenda Item: 1.S t?
incorporated herein by reference (the "Property"), the location of which is illustrated by a map
attached hereto as Exhibit "B," and incorporated herein by reference; and
WHEREAS, the Applicant has submitted a School Concurrency Determination
Application and Development Analysis to the City in connection with a proposal to obtain
approval for a master plan in order to develop 173 single family and 80 multi-family Residential
Units on the Property (the "Project") and the City has forwarded the School Concurrency
Determination Application and Development Analysis to the School Board; and
WHEREAS, the School Board has reviewed and evaluated the Applicant's School
Concurrency Determination Application and Development Analysis as required by Section 16.6
of the Interlocal Agreement,and has determined that based on the current adopted Level of Service
standards for the School Concurrency Service Areas within which the Property is located and the
anticipated new School Capacity that will be available in the first three (3) years of the current
District Facilities Work Program to serve the proposed Residential Development, there is
insufficient Available School Capacity at the middle school level to serve the new single-family
and multi-family Residential Units within the School Concurrency Service Areas for the Project
or within adjacent School Concurrency Service Areas as determined by an Adjacency Review;and
WHEREAS, approving the School Concurrency Determination Application without
requiring Proportionate Share Mitigation for the impacts of the proposed new Residential Units
will either create or worsen school overcrowding in the applicable School Concurrency Service
Areas; and
WHEREAS, the Applicant has agreed to enter into this Agreement with the School Board
and County to provide Proportionate Share Mitigation proportionate to the demand for Public
School Facilities to be created by the Project, as more particularly set forth herein.
NOW, THEREFORE, in consideration of the foregoing, 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 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 Units for
which the Applicant is seeking approval pursuant to the School Concurrency Determination
Application and is intended to satisfy the requirements of Florida law and the Orange County
Code.
4. PROPORTIONATE SHARE MITIGATION. The Parties hereby agree that the
Applicant shall provide Proportionate Share Mitigation in order to meet the demand for School
Capacity created by the Project and to provide additional capacity for middle school students, as
follows, in accordance with Section 17.2 of the Interlocal Agreement:
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OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
Payment in the amount of FOUR HUNDRED FIFTY FIVE THOUSAND SIX
HUNDRED TWENTY SEVEN AND 98/100 DOLLARS ($455,627.98) to cover the
Proportionate Share Mitigation associated with providing the necessary capacity to complete the
Project (the "Proportionate Share") to the School Board. Such payment shall be due and payable
prior to the time the plat for the Property is approved and has been calculated in accordance with
the formula found in Section 17.2 of the Interlocal Agreement. To the extent the Applicant's
proposed Residential Development is subject to a Capacity Enhancement Agreement,any capacity
enhancement mitigation paid pursuant to such agreement was applied as a credit to the
Proportionate Share Mitigation required for the Project. Such credit was subtracted from the total
Proportionate Share Mitigation required pursuant to the Interlocal Agreement and is reflected in
the Proportionate Share required in this Section 4.
5. USE OF PROPORTIONATE SHARE. The School Board shall direct the
Proportionate Share to a School Capacity improvement identified in the capital improvement
schedule in the five (5) year district work plan of the School Board's District Facilities Work
Program which satisfies the demands from the proposed Residential Development. If such a
School Capacity improvement does not exist in the District Facilities Work Program, the School
Board may, in its sole discretion, add a School Capacity improvement to its District Facilities
Work Program to mitigate the impacts from the Project, as provided in Section 17.6 of the
Interlocal Agreement.
6. IMPACT FEE CREDIT. The Proportionate Share paid pursuant to this Agreement
shall be credited against the School Impact Fee on a dollar for dollar basis at fair market value.
The School Board shall notify the City of the amount of the School Impact Fee Credit
based upon 58 Equivalent Residential Units (as defined in Section 30-622 of the Orange County
Code), currently estimated to be FOUR HUNDRED FIFTY ONE THOUSAND NINE
HUNDRED EIGHTY FIVE AND 54/100 DOLLARS ($451,985.54), and shall request a School
Impact Fee credit account in such amount upon receipt of the Proportionate Share Mitigation.
In the event that the School Impact Fees prepaid by the Applicant exceed the School Impact
Fees due pursuant to the School Impact Fee Ordinance, Applicant may request that the excess
School Impact Fees be transferred to another project within the jurisdiction where the Project is
located.
7. ISSUANCE OF SCHOOL CONCURRENCY RECOMMENDATION. Upon final
execution of this Agreement by all Parties hereto, this Agreement will serve as the Applicant's
Capacity Encumbrance Letter in accordance with Section 18.7 of the Interlocal Agreement.
8. SCHOOL CAPACITY ENCUMBRANCE AND RESERVATION. Upon final execution
of this Agreement by all Parties hereto, this Agreement will serve as the Applicant's Capacity
Encumbrance Letter that School Capacity will be available for the Project. This is in accordance
with Section 16.6(g) of the Interlocal Agreement.
At such time as Applicant has prepaid the School Impact Fees further described in Section
6 of this Agreement,and paid the applicable installment(s)of the School Capacity Reservation Fee
described in Section 9 below, School Capacity shall be reserved for the Project Units reflected on
the application; if the Applicant fails to make any of the required School Capacity Reservation Fee
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OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
payments described in Paragraph 9 below or if this Agreement is terminated, such reserved School
Capacity shall lapse and be returned to the applicable Concurrency Service Area. Applicant may
utilize funds available in any School Impact Fee Credit account set up as a result of this Agreement
to pay said School Capacity Reservation Fees.
9. CAPACITY RESERVATION FEE. The Applicant shall be required to pay
a School Capacity Reservation Fee for the Project in accordance with Section 30-599 of the Orange
County Code which School Capacity Reservation Fee may be paid with any School Impact Fee
Credit account set up as a result of this Agreement. The Applicant shall pay the School Capacity
Reservation Fee further described below.
a. Prior to plat approval:
$ 664,384.00; and
b. 12 months from date of SCRC:
$ 664,384.00; and
c. 24 months from date of SCRC:
$ 664,384.00 (the remaining balance of the SCRC fees).
Notwithstanding the schedule provided by this Section, Applicant may prepay any
or all of the School Capacity Reservation Fees in advance. School Capacity Reservation Fees paid
pursuant to this Agreement shall be credited towards School Impact Fees as provided in Section
30-599 of the County Code. In the event Applicant has an established pre-paid School Impact Fee
Account, the School Capacity Reservation Fees may be paid from such School Impact Fee
Account.
10. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any
administrative fees paid, as well as any capacity encumbered or reserved under the following
circumstances, unless the County and the School Board agree to an extension of the Applicant's
Certificate of School Concurrency:
a. The Applicable Local Government does not approve the Site Plan within
one hundred eighty (180) days from approval of the Site Plan by the County's Development
Review Committee. In such event, all Proportionate Share Mitigation paid by the Applicant shall
be refunded to the Applicant by the School Board.
b. The Applicant fails to proceed in good faith in a diligent and timely manner
and secure at least one Building Permit for a unit other than a model home within three (3) years
of recording of the plat. In such case, this Agreement shall be terminated and any encumbered or
reserved school capacity shall be returned to its applicable capacity bank. The Applicant will not
be entitled to a refund of any portion of the Proportionate Share Mitigation paid under this
Agreement, and will only be entitled to receive a 90% refund of the Capacity Reservation Fee
assuming all other applicable conditions are met.
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
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OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
parties, and shall be a covenant running with the Property and be binding upon the successors and
assigns of the Owner 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 Superintendent
445 West Amelia Street
Orlando, Florida 32801
With a Copy to: Facilities Planning
6501 Magic Way, Building 200
Orlando, Florida 32809
Applicant: Greenberg Traurig
Attn: Julie Kendig-Schrader, Esq.
450 South Orange Avenue, Suite 650
Orlando, Florida 32801
Owner: Chevron Land and Development Company
P.O. Box 285
Houston, Texas 77001
City: Attn: City Planner
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
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 hereto are a part of this Agreement and are fully
incorporated herein by this reference.
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OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
16. AMENDMENTS. No modification, amendment, or alteration to 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 under this Agreement to a third-party purchaser of all or any part
of fee simple title to the Property;provided,however,that any such assignment shall be in writing
and shall require the prior written consent of all of the Parties hereto, which consent shall not be
unreasonably withheld, conditioned, or delayed. 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 Proportionate Share Mitigation under this Agreement.
The assignor under such assignment shall furnish the Parties with a copy of the written assignment
within ten(10) days of the date of execution of same.
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 among
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.
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. 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").
6
OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17
Signatures on Following Page
7
OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
IN WITNESS WHEREOF,the Parties have caused this Agreement to be
executed by their respective duly authorized representatives on the dates set forth below each
signature:
"SCHOOL BOARD"
Signed and sealed in the presence of:
THE SCHOOL BOARD OF ORANGE
COUNTY,FLORIDA, a body corporate
and political subdivision of the State of
Florida
Prriti I �th2/
B 14°
Wil iam E. Suble ' , its Chairman
CLUeLriffc,,:
r
Name: H4✓rellz Pagan
Date: '1 c37 (--1
STATE OF FLORIDA )
) s.s.:
COUNTY OF ORANGE )
11(
TrT foregoing instrument was acknowledged before me thisp3�
day of
J V , 2017, by William E. Sublette, Chairman of The School Board of Orange
County, Fldrida, a body corporate and political subdivision of the State of Florida, on behalf of
The School Board, who is personally known to me or had produced
(type of identification) as identification.
Ilk
���
1II
% MARGARITA C.RIVERA I1 s c4 u - 4
._ ,+ MY COMMISSION#GGOe1ee8 NOTAR ' l : IC OFF + =..P A
'?a►,' .0' EXPIRES January 10,2021 --
�'" � Print Name: 1�i ,; .•. 1t/
Commission No.:
AFFIX NOTARY STAMP Expires:
[ADDITIONAL SIGNATURE PAGES TO FOLLOW]
8
OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17
THE SCHOOL BOARD OF ORANGE
COUNTY,FLORIDA, a body corporate
Signed and sealed in the presence of: and political subdivision of the State of Florida
Vii/✓.
AC�,.IAttest- - .�1/
P Ji...,• e: / Al L i Bar e ara M. J `, in , Ed.D. as its
irkf Secretary I Superintendent
'rm Name: - s ,h/7/ Dated: 1/81 /W l-7
STATE OF FLORIDA )
) s.s..
COUNTY OF ORANGE )
4-
T - oregoing instrument was acknowledged before me this 22 % dayof
A g g g J�
. 1..4 ,2017,by Barbara M. Jenkins,Ed.D. as Secretary and Superintendent of The
'11;ool B.il d of Orange County, Florida, a body corporate and political subdivision of the State
o lorida, on behalf of The School Board, who is personally known to me or has produced
(type o 1'ent --c. 10 - i'enti ication.
1
,,�I.,N.�.�� SUSAN M.ADAMS Pa
_ ' / �� I
s • 7 'YP � ; OF - ► ORISA
if.,.,'`.�s. MY COMMISSION 4 FF 175149
W._ �.41 EXPIRES:November 9,2018 Print Name Pe ! id ( j '
'Q0 Bonded Thru Notary Pubic Undestelon
Commission No.:
AFFIX NOTARY STAMP Expires:
Reviewed and approved by Orange County Approved as to form and legality by legal
Public School's Chief Facilities Officer counsel to The School Board of Orange
County, Florida, exclusively for its use and
re iance.
Y. it '1Iaka d v rutii
John T. A .rris ura L. Kelly, Esq., Staff Attorney III and
Chief Facilities Offi•er Executive Officer of Real Estate
Date: dayy /1 , 2017 Date: VI) (1 , 2017
9
OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
"APPLICANT"
Signed and sealed in the presence of: CHEVRON LAND AND DEVELOPMENT
COMPANY, a Delaware corporation
0001-0- Iat ' , k,
Print Name" ab
rne.�li vIel k , By: 11114qt, (l1l
i
Print Name: 0 5( net L. A,t(
OlUitCUS1
rintName: LiS(` Olio0avIGI'l Title: ltta,1 (1;� 0/401) OA/
Date: I fp1
STATE OF TEXAS )
' r ) s.s.:
COUNTY OF Ha Cr,s )
14,
The foregoing }instrument was acknowledged before me this day of 7 (A
2017, by 60ac 'QnCC L . 1-401ol I l as iqeti ES` ci__ Co•-sull4 Qr of
Cue U rl9 n A n of a n of b¢.Ve.l Opine cd- (D . , on behalf of the organization.
He/she is personally known to me or has produced
(type of identification) as identification.
1Agi, JENNIFER SMITH ► /
Notary ID#� 125766214 1 g5- 1)4
I Wt My Commission Expires ►
i .,��4 May 4,2020 ` Or OTARY ',4 :LIC OF EXAS
Print Name: Tel lni- er Srr,;f"1
CommissioQ No.: I S 7e c) I c-i
AFFIX NOTARY STAMP Expires: /'la ,/ 9 , A D 4.0
10
OCE-15-003 Eagle Creek of Ocoee CMA_DRAFT_08-03-2016
Signed, sealed and delivered in the "CITY"
Presence of: CITY OF OCOEE,FLORIDA, a municipal
corporation of the State of Florida
By:
Print Name:
Title:
Print Name:
Date: , 2017
Print Name:
{Corporate Seal}
11
OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
Exhibit"A"—Legal Description of Project
• CSM. *t'ir'h hman are_..4any Ord,: 5°34.309
•
C..sre-rer•Zererence: t:he%:C:rand:rd Ptivicprrent C'o
EXHIBIT"A"
Tllui portion of the East One Hall(1/2)of the Northwest One Quarter 1/4)and the Wusl One,Halt
(112)i i Ulu Nulttleast One Quarter(1/4)lying East of State Riad 437 and South of Fuller's Crass
Road of Section 7,Township 22 South,Range 2.13 East,Orange County,Flo:rda-lielhg more
partltlllarly descrihetl eis rDIIOIYs':
That aertian of S>ecteri 7,Township 22 Soutn, Range 28 I-a;4,Orange County, Flor ea described as
follows:
Commence at the North 1/4 r Orier of oforese!d SecLiun 7,thence South 01'2235" Wes:along the
West line of the Nurthaast La of Section 7 for 30.01 feet:v the South line of:he North 30.00 feel
of Se!rtion 7 arc the Souther Right of Way line of Fuier5 Cuss Road as shown or Orange County
Bend Protect took Number ber 5,sheets 5 and 8;therce South 99=50'45"East aloi5l bard South line of
North 30.80 feet of Lhe Northeast 11. of Sec;t;urr 7 and Southerly alght-of Way Inc for 1280.941eet
to rie East Zine of the West 1/7,of Lhe Northeast 1/4 of aforesaid Section 7; thence South
Bir41745"West along said East line fo-2431.2S feet to tllo East-West center SecLiuri line;thence
South E7°15'0?-"West ulnig call center secton Tile for 1:363.49 fear to the Easterly Riutr.of Way
lila of former Stela k as No.4:SI,no>,y known as Ocoee Apcjka Ruud as shown in Road I'.at Book t,
Pages Lig through 126 of the Put!c Records of Orange County, Flor:('-a; thence from a tangent
bearing of North 17"53.57"West run Northerly along the aforelnentior•.ed EasLcriy Right-of-Way line
and the arc of a curve concave Westerly having a radius of 1951.$6 feet thm(iyh v;antral anile of
03'15'25' to a point;thence.cent I c•E Mang said PasLe-ly Night-of Way line the follow r 4 courses;
North 36'21'16"West for 510.18 feet;Blame North i50CC'04'west lar 1,088.110 feet: thence
North 13°24'56" West for 407,21 feet;thence North 07°331'17" West:or 546.15 feet to the
alara-lantlonoi Southerly Right of-Way line of ruIIC!3 Cruss Road; thence morn' 47x51'50" East
along Said Southerly Right-elf--Way ine for/41..1G feet;o the Point of Beginning.
C9pyris:Irt American told side AsicCYtiun.Air right*rhymed. Timm
Thr t oe of lhs FCr'I•:e reteri.er.'r.ALTA tcensr-r.=and ilLTA•ur,nirrrs Iq coOC amrs,rg;is or tl,e
dale err MR .II alba JY:!%:re Dr)hihilr:d.karrlllet under icon:a IOOH;;Ire Amen:.! sew Tole -11;e
Ran1
n::crnmillrelliCi:1; 6::.'9h RL 11ndtre(r.rsl ;[rr 5
12
OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17
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OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17
Orange County Public Schools
(13,CD
44S west Ameha Street•Orlando,FL.32801.1124•Phone 407 317 3200•wwwaps.net
SCHOOL CONCURRENCY DETERMINATION
CONCURRENCY DENIAL LETTER
April 28, 2016
VIA E-MAIL: kendig(>law.com
Julie Kendig-Schrader, Esq.
450 South Orange Avenue,
Suite 650
Orlando, FL 32801
ACTION: RECOMMENDATION FOR DENIAL for Application OCE-16-003.
This letter serves as the official concurrency denial letter on behalf of the City of Ocoee by Orange County
Public Schools that school capacity for the following development is not available:
Type of Development Application ® Master Plan
❑ Amendment or Extension of CEL
Local Government Application#: LS-2016-001
Project Name: Eagle Creek of Ocoee
OCPS Application Date: April 1, 2016
Parcel #(s): Multiple Parcels
Requested Units (#): Total: 253 units SF: 173 units MF: 80 units
Acreage: +/- 97.90 acres
School Board District: #7
Detailed Capacity Analysis: Attachment A
Upon review of the above-named application for School Concurrency Determination, the Office of Planning &
Governmental Relations of Orange County Public Schools finds this application is denied based on
insufficient school capacity at the affected Concurrency Service Areas (CSA) to support the development of
173 single-family and 80 multi-family units. A Concurrency Mitigation Agreement (CMA) will be required.
To determine if this project can be approved through mitigation, the Applicant must contact the Office of
Planning & Governmental Relations within fourteen (14) days of this of this letter. The fee to process a CMA
for 253 units is $4,000.00, and the process takes approximately sixty (60) days. Please refer to
Attachment B for additional instructions on how to proceed with entering into a CMA. If you intend to
mitigate, the next step in the application process will be the School Development Review Committee
(SDRC).
This determination expires on September 28, 2016. In the event this project does not possess a fully
executed CMA by the expiration date but still intends to move forward in the development process, the
applicant must resubmit the application and application fee to be reevaluated by OCPS. In addition, should
the scope of the project change (e.g., modification of unit count and/or unit type), a new determination will be
required.
"The Orange County School Board is an equal opportunity agency"
Page 2 of 4
OCE-16-003 Concurrency Denial Letter
This determination is governed by the Amended and Restated 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.
Please contact me at (407) 317-3200 ext. 2002898 or e-mail me at tyrone.smith@ocps.net.
Sincerely,
Tyrone K. Smith, AICP
Senior Administrator
OCPS Planning & Governmental Relations
TKS
Attachments—Attachment A: Detailed Capacity Analysis
Attachment B: CMA Submittal Requirements and Information
Cc: Mike Rumer, City Planner, Planning Department, City of Ocoee(via e-mail)
Project File
The Orange County School Board is an equal opportunity agency'
Page 3 of 4
OCE-16-003 Concurrency Denial Letter
Attachment A
ORANGE COUNTY PUBLIC SCHOOLS
Planning&Governmental Relations
Concurrency Determination 4/28/2016
P ID: OCE-16-003 Ad'
Project Name: Eagle Creek of Ocoee
Number of Unvested Units: Single Family: 173
Multi-Family: 80
Number of Vested Units: Single Family: 0
Multi-Family 0
Sdtool Level ._u1,.u11,,i018/ Middle IIMIC
CSA: U 252
Conditions
School Levet 11111=== Middle =111 LIT
CSA 5.. 2015-16 3 100 1424 2 777
Enrollment 2015-16 3 077 1409
Utilization 2015-16 99.3% 98.9% '
LOS Standard 110.0% 100.0% =OS
ill Available Seats 333 15
5 • - o Reserved ,
Encumbered Ca, 159 39 184
Reserved Ca,.c 0 0 168
Ad '• Utilization 104.1% 101.796
Ad' :,Available Seats 173.60 0.00 70.42
Students Generated 44.87 2186 2838
Er. .�. ,. n.� r .. :.r
PASS/FAIL PASS FAIL PASS
Number of Seats to Mit . e 0.0 213 0.0
K'
• r -. r , •. . Cprrtjtions
School Level Elemerrta Middle EMeraMMI
CSA ,•"+a 2015-16 3 100 1424 2 777
Enrollment 2015-1.6 3 077 1 409 2 355
Utilization 2015-16 99.3% 98.9%IIIIIIIIIIIIIMIM
LOS Standard 110.0% 100.0% 1000%
Available Seats 333 15 422
y • Reserved Ca ,■i
8
Encumbered Ca..c 225 66 215
l' Reserved ,.c 0 0 168
Ad" _• Utilization 106.3% 103.8% 98.''
-.Available Seats 108 0 39
44.87 21.86 28.38
PASS/FAIL PASS FAIL PASS
-Number of Seats to Mit:. e 0.00 21.86 0.00
CARMA 2015-16
Spring Lake ES: Updatedto reflect Find FISH from the LOS report
10/22,/15
Ocoee MS: Adjacency is not available;Lakeview MS at 95%LOS
(4/18/2016)
Ocoee HS:
"The Orange County School Board is an equal opportunity agency"
Page 4of4
OCE-16-003 Concurrency Denial Letter
Attachment B
To proceed with entering into a CMA with OCPS and Orange County, please provide the Office of Planning &
Governmental Relations (P&GR)with the following, and initial each item to acknowledge:
1. Written confirmation that Applicant would like to proceed with the CMA must be provided
within sixty(60) days of receipt of the Capacity Encumbrance Letter(CEL). Written confirmation may
be provided via U.S. Mail or via E-Mail.
2. Check made out to Orange County Public Schools for mitigation agreement fee:
CMA Mitigation Agreement Fee
1 to 50 units: $1,500.00 501 to 1000 units: $6,000.00
51 to 200 units:$2,000.00 1001+units: $7,000.00
201 to 500 units:$4,000.00 Additional Fee for DRI Review:$3,000.00
3. Additional Submittal Requirements:
• CEL issued by Orange County
• Agent Authorization(if applicable)
• Certificate of Title, or Ownership and Encumbrance (O&E) Report(issued within 90 days of application)
• Certified legal survey
• GIS(Geographic Information System)shape file matching the legal description based on a certified survey
(on a CD or e-mail)created as a polygon in the following projection plane: NAD 1983 State Plane Florida East
FIPS 0901 Feet.
4. P&GR will provide you with a draft mitigation agreement upon the School Development
Review Committee's (SDRC) recommended approval of the draft agreement terms. Please review and
provide comments within two weeks of receipt of the draft agreement from P&GR.
5. Return three(3) signed originals to P&GR at least two (2)weeks prior to your School Board
hearing date.
6. A check, made out to the Orange County Comptroller, must be provided to P&GR prior to the
School Board hearing date. $10.00 for the first page and $8.50 for each additional page. Indexing-first
four(4) names free and a charge of$1.00 per additional name.
7. CMAs are required to appear on two (2) School Board meeting agendas. Staff is required to
submit materials, including a signed agreement, at least two weeks prior to the meeting date. The
2015 School Board meeting schedule is as follows:
December 8,2015 March 8,2016 June 14,2016 **September 13,2016
January 12,2016 April 12,2016 June 28,2016 September 27,2016
January 26,2016 April 26,2016 *July 12,2016 October 11,2016
February 9,2016 May 10,2016 **July 26,2016 October 25,2016
February 23,201G May 24,2016 August 9,2016 November 8,2016
August 23,2016 November 15,2016
*Tentative/Optional school board meeting-if needed ** Budget Public Hearing
8. Board of County Commission (BCC) approval of the CMA is also required. The CMA will be
scheduled on a BCC agenda after School Board approval and execution.
"The Orange County School Board is an equal opportunity agency'.