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Item #03 Approval of Park Place- Rezoning to PUDe Center of Good GI-i, 8 O C O, AGENDA ITEM STAFF REPORT Meeting Date: April 16, 201 Item # 3 Contact Name: Contact Number Micha Rumer avu� 407 - 905 -3100, Ext. 1018 Reviewed By: City Planner: City Manager: ouQieci: rarK riace (sKorman uevelopment Corp.) Rezoning from C -3 to PUD, Land Use Plan Project # RZ- 13 -02 -01 Commission District 3 — Rusty Johnson ISSUE 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 proposed rezoning to PUD and associated PUD Land Use plan is a second request from the applicant in a six (6) month time period. The original application was denied by the city commission on October 2, 2012, by a vote of 3 -1 with the Mayor absent. The applicant is not proposing changes to the PUD land use plan for this second application. 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 R 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 Development Villages of Wesmere r 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 west bound Tomyn Blvd to northbound Maguire Road. This improvement will allow dedicated right turns heading north on Maguire Road. The second improvement is a right turn lane on northbound Maguire Road and eastbound 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. TRAFFIC ANALYSIS 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. SCHOOLCONCURRENCY A finding of school capacity was provided by Orange County Public Schools on March 25, 2013, with a determination that there is sufficient capacity to support the development of 242 multi - family total residential units. Approval of the application is provided with six (6) conditions (see report for conditions). DE VELOPMENT REVIEW COMMITTEE RECOMMENDATION: The Development Review Committee (DRC) met on March 5, 2013, and reviewed the Proposed PUD and PUD Land Use Plan. Discussion related to the reasons the City Commission denied the project earlier were discussed. No new comments were made. The DRC unanimously voted to recommend approving the rezoning to PUD for 242 multi - family units and commercial out parcels and the associated PUD Land Use plan. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on March 12, 2013, to consider approval of the applicant's request. Six residents from the Maguire corridor spoke in opposition to the rezoning. The issues raised with those who spoke in opposition were increased traffic, school crowding, crime, property values, and potential for low income do to noise issues from the Florida Turnpike. The Planning and Zoning Commission voted 5 -2 in favor of recommending the city commission approve the rezoning to PUD and associated land use plan with member Rob McKey and Dan Marcotte voted against the motion. 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 denies 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 March 6, 2013 PUD Rezoning Ordinance Finding of School Capacity Park place of Ocoee Preliminary Assessment of Traffic Noise 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 Reviewed by Finance Dept. Reviewed by ( ) _ N/A X N/A N/A 4 Park Place (FKA Lake Butler Professional Campus) Location Map Floridas Turnpike ■■■■■■ ■ ■ ■ ■ ■�, N i�� � ■i ■ ■ ■1 C■ VIII fh;i 6li,. 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Key data analyzed includes inventory, occupancy rates, lease rates and construction trends. Data presented in this report was revised from the previous report dated June 27, 2012. Changes in the marketplace since June 2012 have not been significant. As a result, the conclusions as previously presented are unchanged. 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 September 2012 occupancy rate at the newest rental communities in this market area ranges from 92% to 100 %, 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 February 2013 office vacancy rate is 13.8 %. Average office lease rates continue to drop, and 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. • 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 three years may be required before construction of office space could be supported by market demand. • The estimated real estate taxes generated over a ten -year period with a combination of retail space and apartments on the property 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 a 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. I Realvest" Ocoee and Southwest Orange County Apartment and Office Market Overview Overall Apartment Market Conditions The September 2012 inventory of rentable apartments in the Orlando metropolitan area was 154,437 units. With about 145,043 units occupied, the overall occupancy rate was 93.9 %. 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 September 2012. Comparable and competitive communities for the subject property are located in the Winter Garden - Ocoee -West Orange and Southwest Orange County sub - markets. The occupancy rate in the Winter Garden - Ocoee -West Orange sub - market was 90.3 %, and 95.6% in the Southwest Orange County sub - market. ORLANDO AREA APARTMENT MARKET SUMMARY September 2012 Rentable Units Under Occupied Occupancy Sub - market Units Construction Units Rate A Sanford -Lake Mary 9,599 228 8,884 92.6% B Longwood- Altamonte Springs 10,791 1 10,182 94.4% C Casselbeny- Winter Springs- Oviedo 10,413 87 9,882 94.9% D Apopka 850 0 795 93.5% E Winter Garden -Ocoee -West Orange 5,123 164 4,625 90.3% F North Orlando-Winter Park - Maitland 13,970 1,187 12,904 92.4% G South Orlando 27,856 28 25,853 92.8% H East Orange-UCF 31,858 41 30,174 94.7% 1 South Orange County 10,278 726 9,920 96.5% J Southwest Orange County 12,148 540 11,615 95.6% K Kissimmee 12,252 180 11,598 94.7% L Lake/Northeast Polk 9,299 9 8,611 92.6% Metro Area Total 154,437 3,191 145,043 93.9% 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. Construction at Casa Mirella began after the September 2012 survey. NA1 Realvest" 2 Ocoee and Southwest Orange County Apartment and Office Market Overview Residential Market Reports Sub - markets Map 1 1J 44 1 \ H B J 1 ` — __I, � _V O L U - S 1-A elw true Eferirue 437 [r 1 L l� K E 48A 46 541�t1n 431 AouM Dora l aka , tk 46 $00A IMount _Its ~ Plymouth 4318 46A J, 4 f Lake r _ - — — - I Late Jesup . FGx t 446 ,,� y � .. 46 W P ka�RL i 427 i, ea Pa k — Seminol8 an_wood4ts Win Springs x �. ? even 1 ! albs E f O L E .426 I pkk Pa ks L o�a._ _Qrast ` , ° AlftnnteSp�'I�igs IVAI Realvest 426 ' 1 1 x t.... 434 t" " Blanchaf '. P. . no III n nion P0r4t t i So �6ithlo t P 4olG �"' CMISimeSo 1a, aP �� ,yCentealPark *' D F Q 6061 o Co(ip ay a 520 i k fatle! b° l ,l 417 1 i 15 Sf.�CIOU ..532 -_ O S� E L A , 'I_a d f5 523 TreeR A 192 kC 3 T,u VVfrx�finers " 1...:4311 i ae i 1 192 __ V - 1 7 545 qq� C, pbell s32 - = �;• Loughma t �.._ S35 77 P Oi L K 1 6 Davenport IVAI Realvest 426 ' 1 1 x t.... 434 t" " Blanchaf '. P. . no III n nion P0r4t t i So �6ithlo t P 4olG �"' CMISimeSo 1a, aP �� ,yCentealPark *' D F Q 6061 o Co(ip ay a 520 i k fatle! b° l ,l 417 1 i 15 Sf.�CIOU ..532 -_ O S� E L A , 'I_a d f5 523 TreeR A 192 kC 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 Survey Date Number of Rentable Units Under Total 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 September 2010 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 September 2012 640 154,437 3,191 157,628 SOURCE: Residential Market Reports; Charles Wayne Consulting, Inc. Note: Units Under Construction does not include 216 units at Casa Mirella. NAI Realvest 4 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 has been driven by a constrained supply due to limited new construction and a growing percentage of households choosing rental housing over homeownership. Additionally, renters have postponed purchasing a home due to economic uncertainty and more stringent mortgage loan requirements. Orlando Area Apartment Inventory and Occupancy 170,000 160.000 150.000 n ° 140,000 i 130,000 120.000 i 9ll 0'. 96 0'. 94 0`; 920`; a 900". a o 88 G`b i A0 0'. 84 0`. 110.000 L .. _.. .. ._ .. ... .. _. _.. __. _. _. .. i 820'. �e�t� d c` 0 �t 1 � Q d'`� c t� 5 e � �, 5� 5 4 1 11 5 y 5 4 5 Survey Data --0— Rentable -Total occ,pancy RAI Realvest 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 September 2012 occupancy rate at these communities ranges from 92% 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 y ccupancy Lease Rates Rate Lake Sherwood 1724 London Crest Drive Orlando 32818 2006 120 N/A N/A 100% $759 - $1,099 Villa Tuscany 753 Sherwood Terrace Drive Orlando 32818 2002 342 24.0 14.3 92% $815 - $1,175 Key Isle at Windermere Phase 1 2415 Treasure Landing Parkway Ocoee 34761 1999 282 N/A N/A 98% $860 - $1,210 Key Isle at Windermere Phase 2 2415 Treasure Landing Parkway Ocoee 34761 2007 165 N/A N/A 98% $900 - $1,305 Hawthorne Groves 204 Hawthorne Groves Boulevard 2001 328 27.5 11.9 96% $830 - $1,215 Orlando 32835 Bala Sands 8008 Bala Sands Boulevard 2002 298 29.0 10.3 98% $934 - $1,500 Orlando 32818 Falcon Square 14600 Avenue of the Groves 2008 379 N/A N/A 94% $940 - $1,470 Winter Garden 34787 Altis at Lakes of Windermere 11598 Lachlan Lane 2008 280 N/A N/A 97% $1,070 - $1,600 Windermere 34786 SOURCE: Residential Market Reports; Charles Wayne Consulting, Inc. 1YA1 Realvest 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 February 2013. 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 28.7% in the fourth quarter 2008. As a result of a strong 2012 third quarter, the office vacancy rate has improved to 13.8% in February 2013. • As a result of decreased demand for office space, average lease rates have fallen over 30% since 2007. At $17.30 per square foot, average office lease rates are currently at the lowest level since 2003. Office Inventory and Vacancy Rate 650.000 600.000 550.000 500,000 m b LL 450.000 >ti y 400,000 D 350.000 0 K 300.000 250,000 200.000 35.0 300% 25.0 20.0% c 15.0 10.0% 5.0"„ 150.000 O.OYb �0 �0 % 0 5 0 N o 5 0 , p 'j0 .�0 50 '0 'S0 ' 0 ' ' 0 "0 ' 0 'S t) ' 0 S 0 0 "0 ,Q ' 0 ti� tip, ry �ti ��ti ti�� ti�� 1 ° L°� ti�'o°h ho d° ry � ry �'� � ° ryo yo ° yo °o yo n° yo n° yo °� yo `` yo �ti yo �ti 0uartor —TotalRentabtoSF -- Vacancy 1YA1 Rea lvest 7 OCOEE- WINTER GARDEN PROFESSIONAL OFFICE MARKET TRENDS NAI Realvest" 8 Number Total New Buildings of Rentable Net Buildings New SF Under SF Under Average Period Buildings SF Vacant SF Vacancy % Absorption Delivered Delivered Construction Construction Lease Rate Feb 201 61 591,779 81,948 13.8% (7,606) 0 0 0 0 $17.30 /fs 2012 4Q 61 591,779 74,342 12.6% 8,722 0 0 0 0 $17.39 /fs 2012 3Q 61 591,779 83,064 14.0% 33,659 0 0 0 0 $19.29/fs 2012 2Q 61 591,779 116,723 19.7% (1,068) 0 0 0 0 $18.90 /fs 201210 61 591,779 115,655 19.5% 12,464 0 0 0 0 $19.23/1s 20114Q 61 591,779 128,119 21.6% (7,486) 1 6,000 0 0 $19.93/fs 20113Q 60 585,779 114,633 19.6% (2,991) 0 0 1 6,000 $19.641fs 20112Q 60 585,779 111,642 19.1% 27,775 1 33,290 1 6,000 $19.68/fs 20111Q 59 552,489 106,127 19.2% 4,567 0 0 2 39,290 $19.44/1s 201040 59 552,489 110,694 20.0% 24,072 0 0 1 33,290 $20.22/fs 201030 59 552,489 134,766 24.4% (34,706) 0 0 1 33,290 $22.04/fs 20102Q 59 552,489 100,060 18.1% 18,352 0 0 1 33,290 $22.58/fs 201010 59 552,489 118,412 21.4% 2,095 0 0 0 0 $22.58/fs 2009 4Q 59 552,489 120,507 21.8% (718) 0 0 0 0 $21.901fs 2009 3Q 59 552,489 119,789 21.7% 4,099 0 0 0 0 $22.921fs 2009 2Q 59 552,489 123,888 22.4% 12,549 0 0 0 0 $23.37/fs 20091Q 59 552,489 136,437 24.7% 26,521 1 6,249 0 0 $23.66 1fs 2008 4Q 58 546,240 156,709 28.7% 5,909 0 0 1 6,249 $23.49/fs 200830 57 534,240 152,618 28.6% (6,208) 0 0 2 18,249 $22.78/fs 200820 56 524,240 136,410 26.0% 6,145 1 45,000 3 28,249 $22.65/fs 20081Q 55 479,240 97,555 20.4% 33,344 5 74,000 3 67,000 $24.91/fs 2007 4Q 52 427,240 78,899 18.5% (5,948) 0 0 5 107,000 $25.68/fs 2007 3Q 52 427,240 72,951 17.1% (17,062) 1 12,550 4 97,000 $25.65/fs 2007 2Q 51 414,690 43,339 10.5% (7,654) 0 0 4 64,550 $25.021fs 200710 50 407,338 28,333 7.0% 8,267 4 30,843 1 7,352 $25.10 1fs 2006 4Q 47 383,847 13,109 3.4% 4,754 0 0 4 30,843 $23.011fs 2006 3Q 47 383,847 17,863 4.7% 20,936 0 0 4 30,843 $23.09/fs 2006 2Q 46 371,337 26,289 7.1% (2,000) 0 0 4 36,001 $23.561fs 200610 46 371,337 24,289 6.5% 33,239 4 47,112 2 15,510 $23.56/fs 20054Q 43 336,735 22,926 6.8% 3,700 0 0 5 50,112 $23.10/fs 2005 3Q 43 336,735 26,626 7.9% 7,724 0 0 4 37,602 $23.10 /fs 2005 2Q 42 331,735 29,350 8.8% 2,200 0 0 5 42,602 $22.62/1's 200510 42 331,735 31,550 9.5% 5,165 3 15,000 1 5,000 $22.68/fs 2004 4Q 40 321,735 26,715 8.3% (9,415) 0 0 3 15,000 $22.38/fs 2004 3Q 40 321,735 17,300 5.4% 6,262 0 0 2 10,000 $22.66 1fs 2004 2Q 39 314,873 16,700 5.3% 4,600 0 0 3 16,862 $21.97/fs 20041Q 39 314,873 21,300 6.8% 11,794 2 17,356 1 6,862 $21.97/fs 2003 4Q 38 304,379 22,600 7.4% 700 0 0 2 17,356 $21.09 /fs 2003 3Q 38 304,379 23,300 7.7% 18,940 2 17,840 1 10,494 $19.71/fs 2003 2Q 35 281,539 19,400 6.9% (575) 0 0 4 33,334 $19.75 /fs 200310 35 281,539 18,825 6.7% 16,600 2 18,000 2 19,840 $21.49 /fs 2002 4Q 34 268,539 22,425 8.4% 5,598 1 6,840 2 18,000 $23.26/fs 20023Q 33 261,699 21,183 8.1% (2,213) 0 0 2 19,840 $22.32/1s 2002 2Q 33 261,699 18,970 7.2% (5,770) 0 0 1 6,840 $23.47/fs 20021Q 33 261,699 13,200 5.0% 12,689 1 8,056 1 6,840 $24.61/fs 20014Q 32 253,643 17,833 7.0% 7,903 1 11,536 1 8,056 $23.11/fs 20013Q 31 242,107 14,200 5.9% 36,930 2 24,928 2 19,592 $23.47/fs 20012Q 27 204,677 13,700 6.7% (600) 0 0 6 57,022 $24.98/fs 20011Q 27 204,677 13,100 6.4% 5,200 2 12,502 6 57,022 $22.15/fs Source: CoStar Property NAI Realvest" 8 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 $47,856 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 97,416 $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 24,200,000 $498,755 144,880 $16,810,000 $346,449 Totals 17,000 $3,670,000 $756,376 242 1 124,200,000 $4,987,547 144,880 $16,810,000 $1,536,453 Total taxes collected over 10 years with Retail and Apartment development: Total taxes collected over 10 years with Retail and Office development: Total Taxes City of Ocoee $5,743,923 $1,929,691 $2,292,829 $770,284 NAI Realvest NAI Rea lvest" f aI407875 3137 tax A07 875 3137 Commercial Real Estate Services, Worldwide. nairealvest_com 2200 I..ucien Way, Suite 350 Maitland FL 32751 -7019 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 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 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 Shuffield Lowman & Wilson P.A. IN 20 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED 20 Under Agenda Item No. Scott A. Cookson, City Attorney EXHIBIT "A" (The "Property ") EXHIBIT "B" [INSERT MAP] EXHIBIT "C" LAND USE PLAN [ATTACH LAND USE PLAN] ffl Oran e Counter Public Schools 445 West Ameba Street • Ortando. FL 32801-1129 - Phone 407.317 3200 • www.ocps.net FINDING OF SCHOOL CAPACITY RECOMMENDATION FOR APPROVAL — SCHOOL CAPACITY DETERMINATION March 25, 2013 VIA E -MAIL: skorman(aD-skormanconstruction com Mark Skorman Skorman Development Corp. 6000 Metrowest Boulevard Suite 111 Orlando, FL 32835 Action: RECOMMENDATION FOR APPROVAL for Application OCE -13 -001. This letter serves as the official determination by Orange County Public Schools that school capacity for the following development application is 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) ® PUD / Final Site Plan RZ13 -02 -01 Park Place March 15, 2013 29- 22 -28- 8895 -01 -001 Total: 242 SF: 0 +/- 17.09 acres #4 M F: 242 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 Approval (CEP): N/A ® Concurrency Approval: The Concurrency Application is approved. There is sufficient capacity to support the development of 242 multi - family total residential units. (Concurrency evaluation is based on total number of units irrespective of vesting.) The following conditions apply to the approval of the application: 1. An original copy of this letter signed by the Applicant must be returned to the within 30 days of receipt: Orange County Public Schools Office of Planning & Governmental Relations 445 W. Amelia Avenue, Orlando Florida 32801 -1129 2. For a formal Capacity Determination to be valid, the local government must issue a Development Order or approve the Applicant's development application within 180 day of receiving this letter. 3. The Applicant must pay a Capacity Reservation Fee equal to 10% of the estimated School Impact Fees at the time the time the Final Site Plan for the project. The estimated School Impact Fees are approximately $948,882.00. 4. Capacity Reservation Fee schedule shall be as follows: Total Due at Issuance of 1 51 Building Permit: $ 94,888.00 2nd Installment Due 12 Months After Approval: $ 94,888.00 3rd Installment Due 24 Months After Approval: $ 94,888.00 Estimated Remaining Balance: $ 664,217.00 Total $948,882.00 5. Notwithstanding the schedule provided by Condition #4, the Applicant may prepay any or all of the Capacity Reservation Fee in advance or as the need arises. 6. Upon approval of the land use application and payment of the Capacity Reservation Fee, school capacity for the project will be reserved for three years from the date of land use approval at which time the project is subject to re- evaluation. 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) Allison Turnbull, BakerHostetler (via e-mail) Page 2 of 4 Acknowledgement of Conditions of Approval Applicant acknowledges receipt of this letter and agrees to the conditions set forth herein; applicant acknowledges that Capacity Enhancement and Concurrency are not officially approved until: • The conditions specified above are satisfied, • Approval of the land use action that precipitated this application is granted, and • A Capacity Reservation Fee is paid. Signed By Applicant: Date: STATE OF FLORIDA COUNTY OF _ The foregoing instrument was acknowledged before me this day of 20 b the produced (Notary Seal) Printed Name: Notary Public, State of Commission No. Commission expires: Applicant must return a signed and notarized copy of this letter the OCPS Office of Planning & Governmental Relations The Development Order or Development Agreement issued by the municipality granting the land use action may also accompany this document or may be transmitted at a later date J as of a on behalf of Said person (check one) ❑ is personally known to me or ❑ as identif ication. Page 3 of 4 Attachment A ORANGE COUNTY PUBIC SCHOOLS Plannlrg & Governroental Rewdons Cancurrency DetermhwHan Number of Invested Units: Number of Vested Units: " This project passes Concurrency based on capacity that is available due to Adjacency in Ocoee HS CSA. 3 /1 512 0 1 3 242 Page 4 of 4 cvffi" AIM -13 'This project passes Concurrency based on capacity that is available due to Adjacency in Lakeview MS CSA. Quieffy.914aking Noise, f; I')C Aeonstical Consrtltim and lVoise Control March 11, 2013 Mr. Marc Skorman Skorman Construction, Inc. 6000 Metrowest Boulevard Suite 11 I Orlando, FL 32835 Subject: Park Place at Ocoee Preliminary Assessment of Traffic Noise Dear Marc: As requested, I have reviewed the site location for the proposed Park Placc at Ocoee multi- family residential project and have developed the following information related to the acoustical design of the multi - family residential buildings and the potential for traffic noise impacts. The northern property boundary of the project site is located adjacent to the Florida's Turnpike, a limited access highway. The closest building is approximately 145 feet from the nearest traffic lane. Typically, projects that I have worked on at this distance from a multi -lane limited access highway have ambient sound levels in the range of 65 to 75 dB(A), depending upon traffic counts, vehicle speeds, and other information. As a general rule of thumb, the noise level will be reduced by approximately 6 dB(A) for every doubling of the distance from the highway. Thus, the buildings that are located farther fro n the highway will have lower levels of noise exposure. Please refer to the attached Noise Thermometer for a comparison of these sound levels to many common noise sources. Multi -story buildings such as the structures planned for this project provide significant shielding from other noise receptors located behind them. In other words, when one of the project buildings blocks the line of sight between other buildings or nearby residences and the highway, there will be a significant reduction in sound. Thus, any residential areas that currently have a line of sight to the Turnpike may benefit from the noise barrier effect of the new buildings. The most widely accepted recommendation for interior sound levels in residential buildings is to meet a day -night average sound level (DNI) of 45 dB(A) or less. This is consistent with 4521 Old Carriage Trad— Oviedo, Efotrda 32765 Tfione: (407 681 -7444 (681 Will') TaK.• (407) 682 -7444 (682 -Slt") tvcvcv. gttiet (yrrrakiugtroise. tout Jfetn6er, Institute of Noise Contro(Engineering atrdjY(itiouaf('ouucdof cottstica[Cousuftauts QgrN guidelines published by the U.S. Department of Housing and Urban Development (HUD) and other studies that have been clone for many highway, airport, and rail line projects. The DNL value is the average sound level experienced over a 24 -hour period, based upon hourly averages, with a 10 dB(A) penalty applied to night time hours between 10:00 PM and 7:00 AM. Thus, a DNL value of 45 dB(A) roughly represents average day time sound levels of 45 dB(A) and night time sound levels averaging 35 dB(A). Most multi - family residential buildings provide an exterior -to- interior noise reduction between 25 and 30 dB(A). This is referred to as the Sound Level Reduction (SLR) rating. I have completed acoustical analyses to determine SLR ratings for hundreds of multi - family projects located near highways, rail lines, airports, and other major sources of noise. I have also worked with your architect, Fugleberg Koch, on multi- family projects. The typical designs and construction types used by Fugleberg Koch and my other clients normally provide SLR ratings of 25 to 30 using conventional materials and design approaches. Commonly available acoustical ugprades can be implemented to improve the SLR rating to values higher than 30, if necessary. These upgrades would include windows and /or doors with higher Sound Transmission Class (STC) ratings and /or additional layers of gypsum board or exterior sheathing on the exterior walls. A detailed analysis has not yet been done. However, based upon an estimated highway traffic noise level of 70 DNL on site, and an SLR rating of 25 dB(A) for residential buildings, the day - night average sound level inside the residences is estimated to be 45 dB(A). This is generally considered to be acceptable for residences. A project- specific analysis could be done to verify these typical values and incorporate any recommended acoustical features into the project design. For comparison, most residences have a background ambient sound level of approximately 45 ± 5 dB(A) due to noise from their HVAC systems, appliances, and general activity. Normal conversational voice sound levels are in the mid -60's. Thus, the estimated sound levels are comparable to the normal interior sound levels of a typical residence. Please let me know if you need any additional information Sincerely, Lisa A. Schott President and Principal Acoustical Consultant Member, NCAC, INCE, and ASA Attachment Page 2 of .3 Q01N Noise 'Thermometer wy Military Aircraft Taking Off -- 1410 -- 1'Itreshold of Pain 130 -- Deafening Locomotive Train Whistle Hard Rock 120 y n Band y Accelerating 110 Motorcycle �, fIj Loud Auto - 100 — – Horn Noisy Very Loud Faclory b �J Noisy Urban Street • School • Cafeteria 40 O Loud 70 Restaurant _ o % runnel IL � Conversation Moderate General O 50 Office j Average Residence f n 40 0 1 Faint Bedroom at Night 30 I Average 0 Whisper Leaves Rustling Very Faint Whisper _ Sound Proof Romn l0 Ty — v� Human Breathing l Sound Levels are shown in A- weighted decibels, dB(A). t0' 2007 Qrtiedy Makitig Noise, LLC All rights reserved (Page 3 of 3