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Item #04 a. and b. Approval of Park Place (Skorman Development Corp)S.�e enter of Good L� AGENDA ITEM STAFF REPORT Meeting Date: May 21, 2013 Item # 4 Contact Name: Contact Number Michael Rumer� 407 - 905 -3100, Ext. 1018 Reviewed By: City Planner: r . City Manager: Subject: Park Place ( Skorman Development Corp.) a) Rezoning from C -3 to PUD, Land Use Plan & b) First Amendment to Development Agreement 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 Road right-of-way Road riqht-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 West 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. 2 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). DEVELOPMENT REVIEW COMMITTE 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 First Amendment to Development Agreement FINANCIAL IMPACT: 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 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 Reviewed by Finance Dept. Reviewed by ( ) N/A X N/A N/A 11 �� � � ....._ .. � "��� ►111111111! m����R��� ,. 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I II I _ r �I I — °y�e /(,I I a� I li e III o LLL o — a III O W -� I� O - 6 _ - -- _ J Z g N Q A LL� -- a o _ e e aw I 111111 N Z aiv fi .ma W � I II II I I I F I I J t —i .. 0 _ �J III W W y�m I I ° xl b I G I f, a 1 III / / " s o7c gsrt oFS T _OH"31f1DBIQX z - - ----- - - _ ~ma S@ o 00 'oo C7 a NAI rRhealvest" Commercial Real Estate Services, Worldwide. MAR G 2013 t ; Ocoee and Southwest Orange County Apartment and Office Market Overview Introduction This report analyzes recent trends in the Orlando area rental apartment and office markets, with focus in the Ocoee and West Orange county sub - markets. Key data analyzed includes inventory, occupancy rates, lease rates and construction trends. 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. 07.64""' 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 Cassel berry- 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. Zl� �. Ocoee and Southwest Orange County Apartment and Office Market Overview Residential Market Reports Sub - markets Map 44, \ Lak — - V- O- L -U'''9 1- A'41c4 437 44 ounl Dora L K F 48n _46..... 1_ake e k 431 J -. 46' Sa for \\ 415 ~ sooA� I Mount + t5 L . J Plymouth — 4 40 1 441 1I kI. y - fvla N k J .rm2 448 ^� - -- - -_ /� 'Lake Jesup - - _ ;iT ilderness '4e l Ponkan_ art;l 427 ea Park -r Seminole _ongwood..41h Win Springs z Cnly Palos L� A�p-1 ftecreat� ° r �Ca lb �E r M`_f \ U1 L G I <za r � l Y_R . 0 13s . 1 Apop Fgrest City Alt monte Spri 1gs 0 i do � I � c' t = -- �// - � r oaf -�_ :. Rark I 417 L 437 �� 414 434 - '�\F I Rive rsid < Lake Apopka 435 � Park `--l � GO1 4� A Ij� _. 128 I L 434 \ 428 �I nChor I Winter �� Ocoee ' 43e (� P nlon Par , 420 I I Garden f ° ��pp, 50 Oakland Pine Hill so _ ' f �Silhlo 13a O 4oeE = rA 409 Chri Was, 1 r 7423 O t 1s' �of AP *Central Park I Orlovisfa . 1 53s s, � Orlando 1 Ii D A 4 ) A I ri, 67l (4 w \ WWWIII ndermera " i ,:. : : ' n, '�Cori ] a rN c2a l �) Edgewond sos , : .I -- �- Taq c!o Park Pine Castle l ll Islet `� 417 Sky Lake A; I; A P1 �7 1 1 I nke Buena li Vita el� Rd �� If� 21ggyJ � ` 19 (1l X17 15 I 545, A __ � ifasi In I _532-- I 1 532' - : 1 _ /CB p6ell t Clo O E L A f- �.:.� S �Lough� � ,_ 18 n _ 535 ® � P WL I< �n' s _ 1 ,92 ' Davenport ` MAI Realvest" 3 Ocoee and Southwest Orange County Apartment and Office Market Overview Apartment Construction Trends The table below summarizes the change in number of apartment complexes, units under construction, and total inventory since March 2000. This data includes all classes of rental communities (market -rate and income restricted). The decrease in total inventory between 2005 and 2008 was due to the number of properties sold for condominium conversion. Since 2008, as the condominium trend reversed and properties have reverted back to conventional rental, the number of rentable units has increased. Since the housing market collapse in 2006 and the subsequent crash in financial markets, construction of new rental apartment communities has fallen to less than half of the annual level seen prior to 2006. ORLANDO AREA APARTMENT MARKET CONSTRUCTION AND INVENTORY 2000-2012 Number of Rentable Units Under Total Survey Date Complexes Units Construction Inventory March 2000 516 118,869 13,003 131,872 September 2000 532 125,361 11,297 136,658 March 2001 544 131,767 8,202 139,969 September 2001 553 136,370 6,511 142,881 March 2002 568 141,135 5,564 146,699 September 2002 575 144,526 4,951 149,477 March 2003 585 146,802 5,822 152,624 September 2003 590 150,064 3,761 153,825 March 2004 598 151,948 4,688 156,636 September 2004 596 151,037 6,196 157,233 March 2005 598 151,496 4,440 155,936 September 2005 592 147,154 3,940 151,094 March 2006 577 140,052 3,308 143,360 September 2006 563 134,459 3,783 138,242 March 2007 557 135,782 4,050 139,832 September 2007 567 136,987 5,598 142,585 March 2008 586 139,605 6,675 146,280 September 2008 604 144,659 3,699 148,358 March 2009 618 147,511 3,888 151,399 September 2009 623 149,672 3,169 152,841 March 2010 627 150,955 1,627 152,582 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. a 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 110.000 IUO,000 150,000 y ° 1-10.000 z 134000 120.000 W 110.000 J` t $1 c J` uc \ ct 61 Ot �P J & S. .c a \ Q �u \• ��u \• ��u \• �u \- 111 \• ��c \•' 11 c \• Q u \• ��c b Q �u` b .4 C \ �� 5`�' h� 9 y� 5 Survey Dale —10 Renlabla $ Total % Occupancy 98 0',; 913 T" 9.101; 92 W. 2 90 as n 0 88 0'.; 80 0',: 940'e 82 050 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 Occupancy Rate Lease Rates Lake Sherwood 1724 London Crest Drive 2006 120 N/A N/A 100% $759 - $1,099 Orlando 32818 Villa Tuscany 753 Sherwood Terrace Drive 2002 342 24.0 14.3 92% $815 - $1,175 Orlando 32818 Key Isle at Windennere Phase 1 2415 Treasure Landing Parkway 1999 282 N/A N/A 98% $860- $1,210 Ocoee 34761 Key Isle at Windennere Phase 2 2415 Treasure Landing Parkway 2007 165 N/A N/A 98% $900 - $1,305 Ocoee 34761 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 I` ' 1. 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: O 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 050,000 000,000 550,000 500,000 u u 450,000 u n N) 400,000 u a 350,000 u R' 300,000 250,000 200,000 350% 30.0° 0 25.0% u 20.0 °! n K r C 15.0% j 10.0% 5.0 ",6 150,000 0.0% ' 0 , ' O , ,�0 5 0 ,�0 y 0 ti 0 O ' 0 O ' 0 „O ti 0 , ,�0 , �0 „O ti 0 , ,�0 y 0 Q , , , �O �O , ry 0 �O , �O r r10 r10 , ry 0 ry 0 , �O ry0 ry 0 , ry0 ,y ry 0 ry 0 quartor ® Total RenlahloSF -- Vacancy 7 OCOEE- WINTER GARDEN PROFESSIONAL OFFICE MARKET TRENDS V f� _ i 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 201240 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 $19.291fs 2012 2Q 61 591,779 116,723 19.7% (1,068) 0 0 0 0 $18.90 /fs 20121Q 61 591,779 115,655 19.5% 12,464 0 0 0 0 $19.231fs 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 $19.64/fs 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/fs 2010 4Q 59 552,489 110,694 20.0% 24,072 0 0 1 33,290 $20.221fs 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 $22.581fs 20101 Q 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 $21.90 /fs 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 /fs 2008 4Q 58 546,240 156,709 28.7% 5,909 0 0 1 6,249 $23.49/fs 2008 3Q 57 534,240 152,618 28.6% (6,208) 0 0 2 18,249 $22.78/fs 2008 2Q 56 524,240 136,410 26.0% 6,145 1 45,000 3 28,249 $22.651fs 20081Q 55 479,240 97,555 20.4% 33,344 5 74,000 3 67,000 $24.911fs 2007 4Q 52 427,240 78,899 18.5% (5,948) 0 0 5 107,000 $25.681fs 2007 3Q 52 427,240 72,951 17.1% (17,062) 1 12,550 4 97,000 $25.651fs 2007 2Q 51 414,690 43,339 10.5% (7,654) 0 0 4 64,550 $25.02/fs 20071Q 50 407,338 28,333 7.0% 8,267 4 30,843 1 7,352 $25.10/fs 20064Q 47 383,847 13,109 3.4% 4,754 0 0 4 30,843 $23.01 /fs 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 20061Q 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 $23.101fs 2005 3Q 43 336,735 26,626 7.9% 7,724 0 0 4 37,602 $23.101fs 200520 42 331,735 29,350 8.8% 2,200 0 0 5 42,602 $22.621fs 20051Q 42 331,735 31,550 9.5% 5,165 3 15,000 1 5,000 $22.681fs 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/fs 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 $19.711fs 2003 2Q 35 281,539 19,400 6.9% (575) 0 0 4 33,334 $19.75/fs 20031Q 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% (2,2.13) 0 0 2 19,840 $22.321fs 2002 2Q 33 261,699 18,970 7.2% (5,770) 0 0 1 6,840 $23.471fs 20021Q 33 261,699 13,200 5.0% 12,689 1 8,056 1 6,840 $24.611fs 20014Q 32 253,643 17,833 7.0% 7,903 1 11,536 1 8,056 $23.111fs 20013Q 31 242,107 14,200 5.9% 36,930 2 24,928 2 19,592 $23.471fs 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 V f� _ i 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 $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 Tolals 17,000 $3,670,000 $756,376 242 $24,200,000 $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 $770,2.84 Y_' t 7, M ,�. , i�� O NAI lei 407 875 9989 east fax 407 875 3137 Commercial Real Estate Services, Worldwide. 2200 Lucien Way, Suite 350 nairealvest.com Maitland FL 32751 -7019 Orange County Public Schools 445 West Amelia Street - Orlando, FL 32801 -1129 - Phone 407.3 17.3200 - www,ocps.net FINDING OF SCHOOL CAPACITY RECOMMENDATION FOR APPROVAL — SCHOOL CAPACITY DETERMINATION March 25, 2013 VIA E -MAIL: skorman(cDskormanconstruction.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 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_ by as of a on behalf of the produced Said person (check one) ❑ is personally known to me or ❑ as identification. Printed Name: Notary Public, State of (Notary Seal) 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. Page 3 of 4 Attachment A ORANGE COUNTY PUBLIC SCHOOLS Planning & Governmental Relations Concurremy Determination 311512013 Proiect ID: OCE-13-001 Expires: 9111/2013 Single Family: 0 Number of Unvested Units: Multi-Family: 242 Single Family: 0 Number of Vested Units: Multi - Family: 0 y C O U School Level Elementary Middle High CSA: J School: Westbrooke SunRidge West Orange Analysis of btisting Conditions School Level Elementary Middle High CSA Capacity (2012 -13) 4,075 1,217 3,272 Enrollment (2012 -13) 3,931 1,105 3,472 Utilization (2012 -13) 96.5% 90.8% 106.1 LOS Standard 110.0% 100.0%1 100.0% Availa ble Seats 552 112 Analysis of Resemd Capacity Encumbered Capacity 31 791 141 Reserved Capacity 0 1 561 16 Ad usted Utilization 96.5%1 102.1%1 111.5 Analysis of Proposed Dewjbpment Students Generated 1 33 14 16 Ad usted Utilization 97.2%1 103.5% 112.0 I PASS/FAI L ' ' ' M I S fAIMUi M1243 'This project passes Concurrency based on capacity that Is available due to Adjacency in Lakeview MS CSA. This project passes Concurrency based on capacity that is available due to Adjacency in Ocoee HS CSA_ Page 4 of 4 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. 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 ATTEST: 20 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. C 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 ") PARCEL 1, VILLAGES OF WESMERE, AS RECORDED IN PLAT BOOK 70, PAGES 9 THROUGH 17, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. CONTAINS 614,510 SQUARE FEET OR 14,107 ACRES MORE LESS rd EXHIBIT 46 Park Place (FKA Lake Butler Professional Campus) Location Map �► �``����� ��'�� ��� , .� /� X111= 11= 1ni11' u y Me ��i���ii� ■�ii�i ■ ■�i����, ■� 11111 FIR �I ■[�� © •Si��� ■ ■3� ��3�� 111111 = _ = °— Poll EXHIBIT "C" LAND USE PLAN [ATTACH LAND USE PLAN] 30VId >1add L£L00 2 S ° 0 `... ... � � "/111111 Oo„ i¢nv ' a >moR w m. o ui zZwo, ° r�omm� Mci ¢N . a�.° Na�°,oaLLO �, Z IL 0 W L LJ J I J W w8 .1LL n ¢ss � a J x N> WU'a N m - Y¢ CL mx JO¢F'�� U ¢nom ® Q¢w¢ w J W awaw w W ° eG ~_ W� ® z J Oww.�F J 6 — U °y ^3o< >J�iOii ZO 3z ¢ OmmznLLB U�m3uu aLLN 3au. Z . ®o p Z N Q U. L, UJ CD Im 00 00 LLJ ■ ■ =000 Fa am Lu 4 w o C4 U. 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II ae % � 88 � I Q R _ % °„ �i 1 VIII i ❑' @ �� a� �. o.��_ x9lg _�77 .I I�I I �i I -11 � aw � ��' �.. �_� ✓ I III � � � I � Q _ I �g� ✓ I �� P I Z a s;✓ I 'I It I LU II I of el Si `E I �� �__--- - --- -_ - --- III a e o � l � � < • /�. I ->.,s - - � 1, -_ - I vrivn3�rms�azWar- — al S F I e < a w Q W 4 , O m J told � r N Orange County Public schools 445 West Amelia Street • Orlando. 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 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 Interloca/ 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_ by the produced as of a on behalf of Said person (check one) ❑ is personally known to me or ❑ as identif ication. Printed Name: Notary Public, State of (Notary Seal) 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. Page 3 of 4 Attachment A ORANGE COUNTY PUBUC SCHOOLS PlanrJng & Governnwntal RehMons Concurrency Determination Number of Unvested Units: of Vested Units: 13.001 242 CAIRM 701213 *This project passes Coacurrency based on capacity that is available due to Adjacency in Lakeview MS CSA. " This project passes Concurrency based on capacity that is available due to Adjacency in Ocoee HS CSA. 3/15/2013 Page 4 of 4 School Level Elementary NWddle H' CSA: J School: Westbrooke SunRidge West Orange Ana*sls of MOW I C omMom School Level Elementary Middle High CSA Capacity (2012.13) 4,075 1,217 3,272 Enrollment (2012.13) 3,931 1,105 3,472 UtWzation (2012 -13) 96.5% 90.9% 106.1 LOS Standard 110.0% i 100.0% 100.0% ` Available Seats SS21 112 AmNysk of Reserwd Capacity p Encumbered Capacity Reserved Capacity 3 0 79 S6 1d1 16 Ad usted Utilization 96.591 102.196 111.5 Anaysfs of DeveilaeneM Students Generated 331 141 16 Ad usted Utiliza " 97.2%1 103.5%1 112. PASS/FAI M PASS PASS* PASS" CAIRM 701213 *This project passes Coacurrency based on capacity that is available due to Adjacency in Lakeview MS CSA. " This project passes Concurrency based on capacity that is available due to Adjacency in Ocoee HS CSA. 3/15/2013 Page 4 of 4 o 1 V 9V o �/ S(,-,P, Q-qualetty Acon deal Considiiyw, and Noise Couliwl March 11, 2013 Mr. Marc Slcorman Slcorman 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 Place 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 from 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 (DNL) of 45 dB(A) or less. This is consistent with 4521 Ofd Carriage Trait Oviedo, Eforida 32765 Tfione: (407 681 -7444 (681 -S700fo Fad (407 682 -7444 (682- SXJOfo zvzvru. qii ietCynrakindnoise. coat �q4entfier, Institute ofTroise Corrtro(Eggineering andNationaC CornrcdofAcortsticafCousurtants (Z I/W guidelines published by the U.S. Department of Housing and Urban Development (HUD) and other studies that have been done 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 uggrades 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, INCC, and ASA Attachment (Page 2of3 Q�hN Noise Thermometer �� � _ AMilifary Aircraftlalcing Off — 110 j �W ... "Chreshold of 130 H Pain Deafening Locomotive "Crain whistle Hard Roclt 2 �+ 15 LO Band ^ yA \ccelcrating 110 ' Motorcycle Lund Au n .% n — -loo Horn 4 , Very Loud Facto r ?0 M Noisy Urban s r street school v e yy 80 v... Cafeteria 1 I Loud 70 Restaurant y �� B e Normal O Conversation 60 C- ;Moderate Cencral -� 50 orree of Average Residence} 40 fn.J Faint t 1 11 Bedroom at Night 30 Average 20 Whisper i -, Leaves Rustling Very Faint e 11- � \Vhisper Sound Proof Room l0 .. .�.• 1-. Human Breathing Sound Levels are shown in A- weighted decibels, dB(A). v 2007 Qrrietll Making Noise, LL C'. /111 rights reserver!. Pay 3of3 PREPARED BY AND RETURN TO: Scott A. Cookson, Esq. Shuffield, Lowman & Wilson, P.A. 1000 Legion Place, Suite 1700 Orlando, FL 32801 407 - 581 -9800 For Recording Purposes Only FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Park Place PUD, FKA Lake Butler Professional Campus) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment ") is made and entered into as of the day of May, 2013 (the "Effective Date ") among BNP PARIBAS VPG LAKE BUTLER LLC, a Delaware limited liability company, whose mailing address is 787 Seventh Ave., 28 Floor, New York, NY 10019 (the "Owner "), and the CITY OF OCOEE, a Florida municipal corporation, whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761, Attention: City Manager (hereinafter referred to as the "City "). WITNESSETH: WHEREAS, the City and Lake Butler Professional Center, LLC ( "Lake Butler "), previously entered into that certain Development Agreement between Lake Butler and the City dated June 17, 2008 as recorded in Official Records Book 9714, Page 5734, Public Records of Orange County, Florida (the "Development Agreement ", and together with this Amendment, the "Amended Development Agreement "); and WHEREAS, subsequent to the execution of the Development Agreement, Lake Butler conveyed the Property, as defined in the Development Agreement, to Owner in lieu of foreclosure; and WHEREAS, Owner owns fee simple title to the Property; and WHEREAS, the Development Agreement provided that the Property would be developed consistent with the Development Agreement and the Preliminary /Final Subdivision Plan for Lake Butler Professional Campus and the Preliminary /Final Site Plan for Lake Butler 4811- 3960- 2192.2 Professional Campus, as prepared by Miller Legg and being dated stamped as received by the City on March 19, 2008, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting; and WHEREAS, the Owner wishes to develop the Property for a use different than that described in the Development Agreement and the Final Plans defined therein and referenced above; and WHEREAS, the Owner has applied to the City to rezone the Property to PUD and approve a PUD Land Use Plan in connection therewith; and WHEREAS, the Planning and Zoning Commission has held a public hearing to review the proposed rezoning for the Property and has recommended that the Ocoee City Commission approve the same along with the PUD Land Use Plan subject to additional conditions, if any, recommended by the Planning and Zoning Commission; and WHEREAS, on May 21, 2013 the Ocoee City Commission approved, subject to the execution of this Amendment, Ordinance No. rezoning the Property as "PUD" under the Ocoee Land Development Code and approved the PUD Land Use Plan for the Property prepared by Miller Legg and being date stamped received by the City on , 2013, with such additional revisions to such plans, if any, as may be reflected in the minutes of said City Commission meeting (collectively, the "Final Plans "); and WHEREAS, the City has determined that the execution of this Amendment is essential to the public health, safety and welfare and the ability of the City to plan for the development of the Property; and WHEREAS, the Ocoee Land Development Code allows density within a defined development project to be computed by allowing clustering in certain areas, which clusters may be of greater density than otherwise allowable within the land use designations as long as the total project does not exceed maximum density as designated on the Future Land Use Map; and WHEREAS, the City has determined that the density limitations described in the Final Plan, as hereinafter described, ensure that the density for the project will not exceed the maximum density as designated on the Future Land Use Map; and WHEREAS, the provisions of Section 4 -5A(5) of Article IV of the Ocoee Land Development Code requires that the Owner and the City enter into a development agreement incorporating all plans and conditions of approval by reference; and WHEREAS, the City and Owner desire to execute this Amendment in order to evidence their mutual agreement as to certain matters related to the development of the Property in accordance with the Final Plans. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 2 4811 - 3960- 2192.2 Section 1. Recitals; Definitions The above recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall be as defined or described in the Development Agreement or the Final Plan, unless otherwise indicated. The term "Final Plan" and "Final Plans" in the Amended Development Agreement shall mean and refer to the "Final Plans" defined in this Amendment and not the "Final Plans" defined in the Development Agreement, unless otherwise specified. Section 2. Development of Property Section 4 of the Development Agreement is hereby revised to read as follows: Section 4. Development of the Property (A) The Owner hereby agrees to develop the Property in accordance with the Final Plans, and all permits and approvals issued by the City and other governmental entities with respect to the Property. As of the date of the Amendment the Final Plan has been approved by the City, such Final Plan being hereby incorporated by reference as if fully set forth herein. (B) The Owner hereby agrees that the Property shall be developed in accordance with and is made subject to those certain Conditions of Approval attached hereto as Attachment "1" and by this reference made a part hereof (the "Conditions of Approval "). The Owner further agrees to comply with all of the terms and provisions of the Conditions of Approval. The Conditions of Approval attached hereto as Attachment "1" are the same as the Conditions of Approval set forth in the Final Plans. (C) . Except as otherwise expressly set forth in the Amended Development Agreement and the Final Plans it is agreed that (1) the Owner shall comply with the zoning and subdivision regulations of the City as set forth in the Ocoee Land Development Code, as it may from time to time be amended, and (2) all preliminary subdivision plans, final subdivision plans, and final site plans for the Property or any portion thereof shall conform to the Ocoee Land Development Code requirements in effect at the time of approval of any such plans. In the event of any conflict between the provisions of the Ocoee Land Development Code, as it may from time to time be amended, and the Amended Development Agreement, it is agreed that the provisions of the Amended Development Agreement shall control Section 3. Additional Waivers from the Ocoee Land Development Code As part of the approval of the Final Plans, the Owner has been granted additional waivers from the requirements of the Ocoee Land Development Code, said waivers being set forth in the Attachment "2 " , attached hereto and by this reference being made a part hereof. The additional waivers are also set forth on the Final Plans. Se ction 4. Off -Site Transportation Mitigation A Traffic Impact Analysis Update dated the City 4811 - 3960- 2192.2 (the "Traffic Update ") was prepared by for the benefit of The Traffic Update is premised upon the Property being developed with the following 3 uses on the Property: (i) 242 multifamily, residential units, and (ii) two (2) separate buildings with not more than 25,000 square feet of commercial /retail uses (the "Mixed Use Development "). The Traffic Update indicated that the total number of traffic trips generated by the Mixed Use Development is less than the total number of traffic trips mitigated for by the Development Agreement. Notwithstanding the foregoing, Section 6(B) of the Development Agreement is hereby revised to read as follows: (B) In order to comply with requirements of Article IX of the City's Land Development Code entitled "Concurrency" and as a material inducement to the City to approve the Final Plans and thereafter issue a Final Certificate of Concurrency for the development of the Property, the Owner hereby agrees, at its option, to either (i) construct certain turn lane improvements (the "Improvements ") pursuant to the Construction Plans for City of Ocoee, Maguire Road & Old Winter Garden Road, Intersection Improvements prepared by Pegasus Engineering and submitted to the City on March 17, 2009 or (ii) pay to the City the sum of FOUR HUNDRED THOUSAND AND NO /100 DOLLARS ($400,000) (the "Traffic Mitigation Payment "). To the extent that the Owner elects to construct the Improvements, in no event shall it be responsible for the relocation or undergrounding of any utilities or any payments to Progress Energy or other utility providers in connection with the construction of the Improvements. To the extent that the Owner elects to pay the Traffic Mitigation Payment to the City, such Traffic Mitigation Payment will be used by the City exclusively for the payment of costs associated with the design, engineering, permitting and construction of the Improvements. The Traffic Mitigation Payment shall be paid by the Owner in a lump sum upfront payment on the date of issuance of the first building permit for the Property. Section 5. Concurrency Section 7 of the Development Agreement is hereby deleted in its entirety. Section 6. Notice Section 10 is hereby revised to modify the Owner's contact information for notices to be: OWNER: BNP Paribas VPG Lake Butler LLC 787 Seventh Ave., 28 Floor New York, NY 1009 With a copy to: Skorman Development Corp. 6000 Metrowest Blvd. Suite 111 Orlando, FL 32835 Section 7. Reversion Condition of Approval No. 69 of the Final Plans requires the developer to commence construction on the Property within a certain time period. Condition of Approval No. 68 further provides for the possibility of extending that time period or terminating the Land Use Plan in the event the commencement of construction is delayed. In the event the City Commission desires to terminate the Land Use Plan and cause that the Property revert back 4 4811 - 3960- 2192.2 to Ocoee General Commercial (C -3) District, this Amendment shall be deemed automatically rescinded and the terms and conditions of the Development Agreement shall stand alone without modification by this Amendment. The City may cause to be recorded an instrument providing such notice with such instrument being signed only by the City. Section 8. Ratification of Prior Agreements Except as amended hereby, the Development Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Development Agreement. All references herein to the Development Agreement shall refer to the Development Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Development Agreement and this Amendment it is agreed that this Amendment shall control. Section 9. Covenant Running with the Land This Amendment shall run with the Property and inure to and be for the benefit of the parties hereto and their respective successors and assigns and any person, firm, corporation, or entity who may become the successor in interest to the Property or any portion thereof. Section 10. Recordation of Amendment The parties hereto agree that an executed original of this Amendment shall be recorded by the City, at the Owner's expense, in the Public Records of Orange County, Florida. Section 11. Counterparts This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Section 12. Effective Date This Amendment shall first be executed by the Owner and submitted to the City for approval by the Ocoee City Commission. Upon approval by the Ocoee City Commission, this Amendment shall be executed by the City. The Effective Date of this Agreement shall be the later of the date of execution by the City or the effective date of Ordinance No. IN WITNESS WHEREOF, the Owner and the City have caused this instrument to be executed by their duly authorized elected officials, partners, and /or officers as of the day and year first above written. 5 4811 - 3960- 2192.2 Signed, sealed and delivered in the presence of: Print Name Print Name Signed, sealed and delivered in the presence of: Print Name: Print Name: OWNER: BNP PARIBAS VPG LAKE BUTLER LLC, a Delaware limited liability company By: Name: Its: (SEAL) CITY CITY OF OCOEE, FLORIDA i S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. Approved as to form and legality this day of , 2012. SHUFFIELD, LOWMAN & WILSON, P.A. City Attorney 6 4811 - 3960- 2192.2 STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared as the of , a corporation, as the general partner of a Florida who [ ] is personally known to me or [ ] produced as identification, and that he /she acknowledged executing the same on behalf of said corporation and limited partnership in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2012. STATE OF FLORIDA COUNTY OF ORANGE Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and BETH EIKENBERRY, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2012. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (if not legible on seal): 7 4811 - 3960 - 2192.2 ATTACHMENT 46 1" (Conditions of Approval) CONDITIONS OF APPROVAL 1. THE CITY OF OCOEE IS SUBJECT TO THE TERMS, PROVISIONS, AND RESTRICTIONS OF FLORIDA STATUTES, CHAPTER 163, CONCERNING MORATORIA ON THE ISSUANCE OF BUILDING PERMITS UNDER CERTAIN CIRCUMSTANCES. THE CITY HAS NO LAWFUL AUTHORITY TO EXEMPT ANY PRIVATE ENTITY OR ITSELF FROM THE APPLICATION OF SUCH STATE LEGISLATION AND NOTHING HEREIN SHALL BE CONSTRUED AS SUCH AN EXEMPTION. 2. EXISTING TREES 8" OR LARGER (OTHER THAN CITRUS TREES OR 'TRASH' TREES) LOCATED ALONG PROPOSED LOCATIONS OF BUFFER WALLS OR ROAD RIGHT -OF -WAY LINES WILL BE PRESERVED IF AT ALL POSSIBLE. THE BUFFER WALLS AND ROADS WILL BE DESIGNED AROUND THOSE TREES TO INCORPORATE THEM INTO REQUIRED LANDSCAPE BUFFERS AND AS STREET TREES. 3. THE EXISTING GRADES ON INDIVIDUAL LOTS CONTAINING PROTECTED TREES WILL BE MAINTAINED AS MUCH AS POSSIBLE TO PRESERVE EXISTING PROTECTED TREES. FOR LOTS CONTAINING PROTECTED TREES, THERE WILL BE NO GRADING OR OTHER CONSTRUCTION ON INDIVIDUAL LOTS EXCEPT AS SPECIFIED IN THE FINAL SUBDIVISION PLAN, UNTIL BUILDING PERMITS ARE ISSUED FOR THOSE LOTS. 4. REMOVAL OF EXISTING PROTECTED TREES WILL BE LIMITED TO CLEARING ROAD RIGHT -OF -WAY AND RETENTION AREAS AS DETAILED IN THE FINAL SUBDIVISION PLAN. ALL EXISTING PROTECTED TREES ON INDIVIDUAL LOTS WILL BE EVALUATED AT THE TIME OF SITE PLAN REVIEW FOR THAT LOT, TO DETERMINE WHETHER OR NOT EACH TREE NEEDS TO BE REMOVED. 5. IN ORDER TO INSURE THAT AS MANY EXISTING TREES AS POSSIBLE WILL BE PRESERVED, ALL ROAD RIGHT -OF -WAYS AND RETENTION AREAS WILL BE FLAGGED FOR REVIEW BY THE CITY PRIOR TO ANY TREE REMOVAL. NO CLEARING PERMITS WILL BE ISSUED FOR SITE WORK OR BUILDING CONSTRUCTION UNTIL THE TREES TO BE PRESERVED HAVE BEEN CLEARLY MARKED WITH TREE PROTECTION BARRIERS. 6. NO PERSON SHALL UNDERTAKE LAND CLEARING OR THE REMOVAL OF ANY PROTECTED TREES WITHOUT FIRST OBTAINING A PERMIT FROM THE BUILDING DEPARTMENT. THE REMOVAL OF PROTECTED TREES SHALL BE MINIMIZED TO THE MAXIMUM EXTENT POSSIBLE AND NO AUTHORIZATION SHALL BE GRANTED TO REMOVE A TREE IF THE 8 4811 - 3960- 2192.2 DEVELOPER HAS FAILED TO TAKE REASONABLE MEASURES TO PRESERVE THE TREES ON SITE. 7. EACH FIRE HYDRANT SHALL BE OSHA YELLOW IN COLOR AND A BLUE REFLECTIVE MARKER SHALL BE AFFIXED TO THE STREET IN THE CENTER OF THE LANE CLOSEST TO EACH HYDRANT. 8. DRAINAGE, SEWER AND MAINTENANCE EASEMENTS SHALL BE PROVIDED FOR THE BENEFIT OF THE PROPERTY OWNERS ASSOCIATION. UTILITY EASEMENTS SHALL BE PROVIDED FOR THE BENEFIT OF PROGRESS ENERGY, TELEPHONE AND CABLE COMPANIES, AS APPLICABLE. WATER LINES WITHIN THE PROJECT SHALL BE OWNED BY THE CITY OF OCOEE AND WATER UTILITY EASEMENTS OVER THESE WATER LINES SHALL BE PROVIDED FOR THE BENEFIT OF THE CITY OF OCOEE. THE LAND BURDENED BY SUCH EASEMENTS SHALL BE OWNED BY THE INDIVIDUAL LOT OWNERS. 9. THE DEVELOPER SHALL CONSTRUCT APPROPRIATE CURB CUTS TO ENABLE CONSTRUCTION OF RAMPS AT ALL RIGHTS -OF -WAY INTERSECTIONS (AND OTHER AREAS AS REASONABLY REQUIRED) IN ORDER TO ACCOMMODATE ACCESS TO SIDEWALKS FOR PERSONS WHO ARE IN WHEELCHAIRS AND OTHER PERSONS WHO ARE PHYSICALLY CHALLENGED. SIDEWALKS ABUTTING EACH PLATTED LOT SHALL BE CONSTRUCTED AT THE TIME OF DEVELOPMENT OF THE LOT AND OTHERWISE COMPLY WITH ALL ADA REQUIREMENTS. WHEN SIDEWALKS ARE CONSTRUCTED ON CORNER LOTS AT CERTAIN LOCATIONS, THE SIDEWALKS WILL BE EXTENDED TO THE CURB AND THE APPROPRIATE RAMPS WILL THEN BE CONSTRUCTED. SIDEWALKS ADJACENT TO COMMON AREAS SHALL BE CONSTRUCTED AT THE TIME OF PERMANENT CONSTRUCTION OF ADJACENT COMMON AREAS. THE PROPERTY OWNERS ASSOCIATION WILL BE RESPONSIBLE FOR THE CONTINUED MAINTENANCE OF ALL STREETS AND SIDEWALKS IN ACCORDANCE WITH ALL ADA REQUIREMENTS THAT MAY NOW OR HEREINAFTER BE APPLICABLE TO THE PROJECT. 10. ALL COMMON AREA IMPROVEMENTS, INCLUDING ENTRY FEATURES, WALLS, LANDSCAPING AND SIDEWALKS ALONG ALL ROADS SHALL BE COMPLETED PRIOR TO ISSUANCE OF THE CERTIFICATE OF COMPLETION FOR THE PHASE OF THE PROJECT IN WHICH SAID COMMON AREA IMPROVEMENTS ARE LOCATED. 11. SUBDIVISION SITE LIGHTING MEETING CURRENT CODE REQUIREMENTS SHALL BE INSTALLED BY THE DEVELOPERS PRIOR TO CERTIFICATE OF COMPLETION. LIGHTING WITHIN COMMON AREAS OF THE SUBDIVISION SHALL BE OWNED AND OPERATED BY THE PROPERTY OWNERS ASSOCIATION. 9 4811 - 3960 - 2192.2 12. ALL TRACTS THAT ARE TO BE OWNED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION SHALL BE CONVEYED TO THE PROPERTY OWNERS ASSOCIATION BY WARRANTY DEED AT THE EARLIER OF THE TIME OF APPROVAL OF THE FIRST SITE PLAN FOR THE PROJECT OR THE TIME OF REPLATTING. 13. ANY DAMAGE CAUSED TO ANY PUBLIC ROADS AS A RESULT OF THE CONSTRUCTION ACTIVITIES RELATED TO THE PROJECT OR ANY PORTION THEREOF SHALL BE PROMPTLY REPAIRED TO THE APPLICABLE GOVERNMENT STANDARDS AT THE SOLE COST AND EXPENSE OF THE OWNER OF THE PORTION OF THE PROJECT BEING DEVELOPED IN CONNECTION WITH THE CONSTRUCTION ACTIVITIES THAT WERE THE CAUSE OF THE DAMAGE. 14. ALL CROSS ACCESS, UTILITY AND DRAINAGE EASEMENTS SHALL BE PROVIDED AT THE EARLIER OF THE TIME OF APPROVAL OF THE FIRST SITE PLAN FOR THE PROJECT OR THE TIME OF REPLATTING. 15. ALL UTILITIES INCLUDING ELECTRICAL, CABLE, AND TELEPHONE AND INCLUDING ON -SITE EXISTING OVERHEAD WIRES SHALL BE PLACED UNDERGROUND. 16. A PROPERTY OWNER'S ASSOCIATION SHALL BE CREATED FOR OWNERSHIP AND MAINTENANCE OF ALL COMMON AREAS. 17. ALL LEGAL INSTRUMENTS, INCLUDING BUT NOT LIMITED TO, EASEMENTS, DECLARATIONS OF COVENANTS, EASEMENTS, AND RESTRICTIONS, ARTICLES OF INCORPORATION OF THE PROPERTY OWNERS ASSOCIATION, AND WARRANTY DEEDS TO THE ASSOCIATION SHALL BE PROVIDED TO THE CITY FOR APPROVAL PRIOR TO THE EARLIER OF THE TIME OF APPROVAL OF THE FIRST SITE PLAN FOR THE PROJECT OR THE TIME OF REPLATTING. 18. THE COMPONENTS OF THE STORMWATER SYSTEM, INCLUDING ALL PIPES INLETS, MANHOLES AND STRUCTURES WILL BE OWNED, OPERATED AND MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION IN ACCORDANCE WITH THAT CERTAIN DECLARATION OF COVENANTS AND RESTRICTIONS FOR WESMERE COVE RECORDED IN OFFICIAL RECORDS BOOK 7669, PAGE 83 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, AS AMENDED FROM TIME TO TIME. 19. DELETED. 20. EXCEPT AS SPECIFICALLY NOTED ON THIS PLAN, DEVELOPMENT OF THIS PROPERTY SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE CITY OF OCOEE CODE. 10 4811 - 3960- 2192.2 21. ANY EXISTING STRUCTURES (INCLUDING BUILDINGS, POWER LINES, EXISTING AERIAL AND UTILITY FACILITIES) AND PROGRESS ENERGY EASEMENTS WILL BE REMOVED AND /OR TERMINATED PRIOR TO OR DURING CONSTRUCTION OF THE DEVELOPMENT REPLACING THOSE USES. 22. PURSUANT TO ORDINANCE NO. 2001 -18, ALL SUBDIVISION SIGNAGE MUST BE CONSISTENT WITH THE NAME OF THE SUBDIVISION. ANY SUBSEQUENT CHANGE TO THE NAME OF THE SUBDIVISION MUST BE APPROVED BY THE CITY COMMISSION. 23. DELETED. 24. ALL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING THE PROPERTY SHALL INCLUDE THE FOLLOWING PROVISIONS: (A) PROVISION ALLOWING THE CITY TO LEVY, COLLECT, AND ENFORCE ASSESSMENTS FOR MAINTENANCE OF COMMON AREAS IF THE ASSOCIATION FAILS TO DO SO OR FAILS TO MAINTAIN ASSESSMENTS AT A LEVEL ALLOTTING FOR ADEQUATE MAINTENANCE. (B) DELETED. (C) DELETED. (D) PROVISION THAT THE ASSOCIATION SHALL AT ALL TIMES BE IN GOOD STANDING WITH THE FLORIDA SECRETARY OF STATE. (E) DELETED. (F) PROVISION THAT NO PROPERTY OWNED BY THE CITY OR ANY OTHER GOVERNMENTAL ENTITY SHALL BE SUBJECT TO ASSESSMENTS LEVIED BY THE ASSOCIATION. (G) DELETED. 25. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE PROPERTY OWNERS ASSOCIATION SHALL BE CONSISTENT WITH THE FOREGOING PROVISIONS. 26. NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY PROVISION OF THE LAND DEVELOPMENT CODE EXCEPT TO THE EXTENT EXPRESSLY SET FORTH ON A WAIVER TABLE OR EXPLICITLY SET OUT ON THE PLAN. 27. THIS PROJECT SHALL BE DEVELOPED IN THREE PHASES, EACH OF WHICH MAY BE DEVELOPED IN ANY ORDER. 11 4811 - 3960- 2192.2 28. EACH PHASE SHALL BE DEVELOPED WITH INFRASTRUCTURE (WATER, SEWER, DRAINAGE, PARKING AND INGRESS /EGRESS) SUFFICIENT TO SERVE THAT PHASE OF THE PROJECT. 29. DELETED. 30. TO THE EXTENT ANY LIFT STATIONS ARE REQUIRED ON THE PROPERTY, THEY WILL BE CONVEYED TO THE CITY AT THE TIME OF REPLATTING. ALL SUCH LIFT STATIONS SHALL BE FENCED WITH BLACK VINYL CHAIN LINK FENCE WITH POSTS AND RAILS PAINTED BLACK AND SHALL BE SET BACK NO LESS THAN 25' FROM ANY STREET. SUCH LIFT STATIONS SHALL ALSO BE SCREENED WITH HEDGE TYPE SHRUBBERY SUCH AS VIBURNUM OR LIGUSTRUM. 31. DELETED. 32. DELETED. 33. DELETED. 34. DELETED. 35. DELETED. 36. DELETED. 37. IF ANY LOTS /TRACTS ARE SUBDIVIDED AFTER THE INITIAL REPLATTING OF THE SUBDIVISION, A PRELIMINARY SUBDIVISION PLAN AND FINAL SUBDIVISION PLAN WILL BE REQUIRED FOR THE DEVELOPMENT OF EACH SUBDIVIDED LOT /TRACT AND A REPLAT OF THAT LOT OR TRACT WILL BE REQUIRED. 38. DELETED. 39. DELETED. 40. DELETED. 41. DELETED. 42. DELETED. 43. LANDSCAPING IN ACCORDANCE WITH THE CITY OF OCOEE LAND DEVELOPMENT CODE WILL BE PROVIDED AROUND THE OFF -SITE LIFT STATION LOCATED ADJACENT TO THE PROPERTY. 44. DELETED. 45. ALL PIPE SIZES TO BE DETERMINED AT FINAL ENGINEERING. 12 4811 - 3960- 2192.2 46. DELETED. 47. DELETED. 48. DELETED. 49. DELETED. 50. DELETED. 51. DELETED. 52. DEVELOPMENT OF THE PROJECT SHALL BE REQUIRED TO PROVIDE THE CITY OF OCOEE PAVED, UNGATED ACCESS TO THE LIFT STATION TRACT LOCATED ADJACENT TO THE PROPERTY. 53. THIS PROJECT SHALL COMPLY WITH, ADHERE TO, AND NOT DEVIATE FROM OR OTHERWISE CONFLICT WITH ANY VERBAL OR WRITTEN PROMISE OR REPRESENTATION MADE BY THE OWNER/APPLICATION (OR AUTHORIZED AGENT THEREOF) TO THE CITY COMMISSION AT ANY PUBLIC HEARING WHERE THIS PROJECT WAS CONSIDERED FOR APPROVAL, WHERE SUCH PROMISE OR REPRESENTATION, WHETHER ORAL OR WRITTEN, WAS RELIED UPON BY THE CITY COMMISSION IN APPROVING THE PROJECT, COULD HAVE REASONABLY BEEN EXPECTED TO HAVE BEEN RELIED UPON BY THE CITY COMMISSION IN APPROVING THE PROJECT, OR COULD HAVE REASONABLY INDUCED OR OTHERWISE INFLUENCED THE CITY COMMISSION TO APPROVE THE PROJECT. FOR PURPOSES OF THIS CONDITION OF APPROVAL, A "PROMISE" OR "REPRESENTATION" SHALL BE DEEMED TO HAVE BEEN MADE TO THE CITY COMMISSION BY THE OWNER/APPLICANT (OR AUTHORIZED AGENT THEREOF) IF IT WAS EXPRESSLY MADE TO THE CITY COMMISSION AT A PUBLIC HEARING WHERE THE PROJECT WAS CONSIDERED FOR APPROVAL. 54. UNLESS OTHERWISE NOTED, A 5' UTILITY AND DRAINAGE EASEMENT WILL BE PLATTED ALONG ALL SIDE LOT LINES AND A 10' UTILITY, DRAINAGE AND SIDEWALK EASEMENT WILL BE PLATTED ADJACENT TO ALL STREET RIGHTS -OF -WAY AND OTHER PAVED AREAS. SIDEWALKS WILL ONLY BE PLACED IN THIS EASEMENT IF NECESSARY TO RUN THEM AROUND EXISTING PROTECTED TREES TO BE PRESERVED. 55. ALL UTILITIES TO BE PLACED WITHIN THE 10' EASEMENT ADJACENT TO ALL STREET RIGHTS -OF -WAY OR OTHER PAVED AREAS WILL BE PLACED AROUND EXISTING PROTECTED TREES TO BE PRESERVED. 56. AN EMERGENCY ACCESS EASEMENT TO AND OVER ALL DRAINAGE EASEMENTS SHOWN HEREON SHALL BE DEDICATED TO THE CITY FOR EMERGENCY MAINTENANCE PURPOSES AT THE TIME OF REPLATTING. THE EMERGENCY ACCESS EASEMENT WILL NOT IMPOSE ANY 13 4811 - 3960- 2192.2 OBLIGATION, BURDEN, RESPONSIBILITY OR LIABILITY UPON THE CITY, TO ENTER UPON ANY PROPERTY IT DOES NOT OWN OR TAKE ANY ACTION TO REPAIR OR MAINTAIN THE DRAINAGE SYSTEM ON THE PROPERTY. 57. A PERPETUAL, NON - EXCLUSIVE EASEMENT FOR ACCESS OVER ALL INTERNAL ROADWAYS AND PAVED AREAS SHALL BE GRANTED IN FAVOR OF THE CITY AND OTHER APPLICABLE AUTHORITIES FOR LAW ENFORCEMENT, FIRE, AND OTHER EMERGENCY SERVICES. 58. DELETED. 59. DELETED. 60. DELETED. 61. ALL FINISHED FLOOR ELEVATIONS WILL BE A MINIMUM OF 2' ABOVE THE 100 YEAR STORM ELEVATION AS ESTABLISHED BY THE DEVELOPMENT'S STORMWATER SYSTEM DESIGN AND /OR ADJACENT WATER BODY AS IDENTIFIED ON THE CURRENT FEMA FIRM PANEL. 62. THE PROPERTY SHALL NOT BE SUBDIVIDED OR OTHERWISE CONVEYED IN LESSER CONSTITUENT PARTS PRIOR TO THE APPROVAL OF A FINAL SUBDIVISION PLAN AND SUBSEQUENT REPLATTING OF THE PROPERTY IN ACCORDANCE WITH THE SAME. 63. TO THE EXTENT THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL CONFLICT WITH THE CITY OF OCOEE LAND DEVELOPMENT CODE, THE PROVISIONS OF THE LAND USE PLAN AND THESE CONDITIONS OF APPROVAL SHALL CONTROL. 64. THE DEVELOPER IS TO PROTECT AND PREVENT ANY DISTURBANCE, SILTATION, OR OTHER CONSTRUCTION WITHIN THE CONSERVATION AREAS INSIDE THE 100 -YEAR FLOOD ELEVATION. THOSE AREAS ARE TO BE FENCED OFF DURING CONSTRUCTION AND SILT FENCES INSTALLED TO ELIMINATE ANY POSSIBLE DISTURBANCE IN THOSE AREAS DURING CONSTRUCTION. 65. THERE SHALL BE NO ACCESS FROM THE PROJECT TO ANY PUBLIC ROADS EXCEPT AT THE APPROVED LOCATIONS SHOWN ON THE LAND USE PLAN. 66. NO DEVELOPMENT RIGHTS ARE GRANTED BY THIS LAND USE PLAN WITH RESPECT TO LOTS 1, 2 AND 3. THESE LOTS MUST SUBMIT A SEPARATE FINAL SUBDIVISION PLAN AND /OR PRELIMINARY SITE PLAN, AS APPLICABLE. BUILDING PADS, PARKING AREAS, SIDEWALKS AND IMPROVEMENTS SHOWN HEREON ARE INCLUDED FOR CONCEPTUAL PURPOSES ONLY. THE ACTUAL SIZE, SHAPE, CONFIGURATION AND LOCATION OF THE BUILDINGS AND IMPROVEMENTS MAY CHANGE WITH THE SUBSEQUENT SUBMITTALS OF THE SUBDIVISION /SITE PLANS. 14 4811 - 3960- 2192.2 SIMILARLY, THE BOUNDARY LINE SHOWN BETWEEN LOTS 2 AND 3 IS CONCEPTUAL ONLY AND SUBJECT TO CHANGE WITH THE APPROVAL OF THE SUBSEQUENT SUBDIVISION PLAN. CHANGES CONSISTENT WITH THIS CONDITION OF APPROVAL SHALL NOT REQUIRE AN AMENDMENT TO THIS LAND USE PLAN. 67. THE OCOEE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT CONTEMPLATES CERTAIN FORMS OF HIGH AND MEDIUM DENSITY RESIDENTIAL HOUSING TO BE PERMITTED IN COMMERCIAL LAND USE AREAS WHEN ECONOMIC CONDITIONS DICTATE A LOWER INTENSITY USE AND WHEN THE DEVELOPMENT IS COMPATIBLE AND INTEGRATED INTO THE SURROUNDING URBAN FRAMEWORK. THE PROJECT SHOWN ON THIS LAND USE PLAN MEETS THE CRITERIA DUE TO THE NOVEL MIXED COMMERCIAL AND RESIDENTIAL -TYPE DEVELOPMENT PROPOSED. THE PROJECT AIMS TO PROVIDE DESIGNATED, FUNCTIONAL COMMERCIAL LOTS ALONG A MAJOR THOROUGHFARE WHILE MEETING THE NEED FOR HIGH -END RENTAL RESIDENCES IN THE CITY. HIGH -END RESIDENCES ARE CURRENTLY IN SHORT SUPPLY AND IN HIGH DEMAND, ESPECIALLY NEAR ORLANDO HEALTH'S PRESENTLY EXPANDING HEALTH CENTRAL HOSPITAL CAMPUS. 68. NOTWITHSTANDING DELAYS DUE TO CIRCUMSTANCES OUTSIDE OF THE DEVELOPER'S CONTROL, INCLUDING BUT NOT LIMITED TO A BUILDING MORATORIUM, NATURAL DISASTER OR TERRORIST ACT IMPACTING THE AVAILABILITY OF FUEL OR BUILDING SUPPLIES, ECONOMIC CRISIS RENDERING THE OBTAINMENT OF CONSTRUCTION LENDING TO BE AN IMPOSSIBILITY OR EXTREME HARDSHIP, THE DEVELOPER SHALL MAKE AN 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 THIS LAND USE PLAN. IN THE EVENT THE DEVELOPER IS UNABLE TO MEET THE DEADLINE IMPOSED BY THIS CONDITION, THE DEVELOPER MAY SUBMIT TO THE CITY AN UPDATED MARKET STUDY SHOWING CONTINUING FAVORABLE CONDITIONS FOR MULTIFAMILY HOUSING DEVELOPMENT, WHEREUPON THE CITY COMMISSION MAY EXTEND THE TIME FOR DEVELOPER TO MAKE APPLICATION FOR THE FIRST BUILDING PERMIT FOR THE RESIDENTIAL PORTION OF THE SITE FOR AN ADDITIONAL EIGHTEEN (18) MONTHS. IN THE EVENT THE CITY COMMISSION DOES NOT DESIRE TO EXTEND THE TIME PERIOD, AFTER NOTICE AND A 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. 69. THE OCOEE LAND DEVELOPMENT CODE ALLOWS DENSITY WITHIN A DEFINED DEVELOPMENT PROJECT TO BE COMPUTED BY ALLOWING CLUSTERING IN CERTAIN AREAS, WHICH CLUSTERS MAY BE OF GREATER DENSITY THAN OTHERWISE ALLOWABLE, WITHIN THE LAND USE 15 4811 - 3960- 2192.2 DESIGNATIONS AS LONG AS THE TOTAL PROJECT DOES NOT EXCEED THE MAXIMUM DENSITY AS DESIGNATED ON THE FUTURE LAND USE MAP. THE CITY HAS DETERMINED THAT THE USE OF THE PROPERTY FOR 242 MULTI - FAMILY DWELLING UNITS AND 25,000 SQUARE FEET OF RETAIL /COMMERCIAL USES WITHIN THE PROPOSED COMMERCIAL LOTS DOES NOT EXCEED THE MAXIMUM DENSITY FOR THE PROPERTY OF 3.0 FAR AS SHOWN ON THE FUTURE LAND USE MAP. OWNER AGREES THAT THE PROJECT SHALL BE DEVELOPED SO AS NOT TO EXCEED THESE SPECIFIED DENSITIES. 4811 - 3960 - 2192.2 16 N 3 x U ° H W N O N O 07 M 00 V o C -5 Q��UQz Qz zo�H O wd�xhdw w�7r�.HE --WQ d 0 zaHQ� w� P w >a� 4 r oz�Qxa� U ti ars.HaaOd� a:da,Qdr aav�da, O � U-� w U <�z 00 z O hwa Wj � � � z Qp���pC7 a"Q cx w U Qw U QEn En N..4 z o c� �- w� oW U� x� O W N O N O 07 M 00 V Orlando Sentinel City Of Ocoee 150 N Lakeshore Drive OCOEE, FL 34461 -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 Public Hearing in the matter of MAY 21, 2013, AT 7:15 P.M. in the Orange County _, was published in said newspaper in the issue(s); of 05/09/13 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. he foregoing instrument was acknowledged before me this Jay of May, 2013, Pam L. Davis /Tamela Vargas /Deborah M. oney,, is personally known to me and who did take an oath. NOTARY PUBLIC STATE OF FLORIDA Cori m# 00939521 Expires 11/13/2013 NOTICE OF PUBUC FOR PARR PLACE PUB REZONING CASE NUMBER: RZ13 -02.01 NOT'CE IvE sec S1REOEBA"(V) osthetCitSuof Ocoee Land Development Code, that on TUESDAY. MAY 71 21n, eT 7 1 0. Chambers, 150 Y NOrth Lakeshore Drive, Ocoee, Florida, to consider the rezon- ing for a parcel identified as parcel number 29- 22 - 28- 6895 -01 -001, located at 1650 Maguire Road. The parcel is 14.11 acres. The rezoning would be from C -3, General Commercial to Planned Unit Development (PUD) for 242 mul- ti- family units and 2 '/z acre commer- cial outporcel. The complete case file including a complete legal description by metes and bounds, may be inspected at the Ocoee PI-11 g.Departmentlocated ai 150 North Lakeshore Drive, Ocoee, and X5:00 e1ween the hours of 8:00 a.m. p m., Monday through Fri- day, except legal holidays. The Ocoee City Commission may con- tinue the public hearing to at dates and times, as it deems necessary. Any interested party shall be advised of the date and places of any continuation of these or continued pub- lic hearings shall be announced during I he hearing and no further notices re- liisshed. You B are advised that a ey per- 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 proceedings 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 on interpreter 1. participate in this Clerk's d Office h 48 I ou s advance the m eeting at (407) 905 -3105. Beth Eikenberry, City Clerk Publish Date: May 9, 2013 CORI237226 05/09/2013 1237226 Qy ACow Date PubUshed and Media Name E2 Orlando sentinel THURSDAY, MAY 9, 2013 A dve fflcement ®r ArNd NMI CITY Of OCOEE NOTICFOREPARKL HEA RING PLACE PUO REZONING CASE NUMBER: RZ -13 -02.01 40TICE IS GIVEN po the City of Dcoee Land Development Code, that on TUESDAY, MAY 21, 2013, AT 7.15 P.M. or as CITY COMMISSION will hotd a HEAR- ING at the City Of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, to i dentified the rezon- ing for a parcel dentified as parcel 650 Maguire 29-2 2 -2 8- 8 895 -01-001, Road S The Parcel is located at s 14 11 acres. The rezoning would be from C -3, General Commercial 10 Planned Unit Development (PUD) for 242 mul- 'I family units and 2 1 /1 acre commerr ciol outporcel. The complete case file. Including s and bou s, 9 mav e be r in 5pected pt 150 NorthnLakesshogre Drive,: loc eet Florida between the hours of a 8: U0 m. add ::00ePt IegalAhold'�daysh rough Fir The Ocoee City Commission may con- tinue the public hearing to other dotes and times, as it deems necessary. Any interested party shall be advised of the dotes, times, and places of any continuation of these or continued pub- lic hearings shall be announced, during g i ng l ile h wi al l o b e pub - lished. You are advised that any per- son who desires to appeal any decision made at the public hearings will need record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is mode which includes the testimony evidence in dance w the cons with Disabilities Act, persons needing a special occOmmad atlan Or an inlerpreter to parhupate in this proceeding should contact the ity lerk eeofficd1AB hou90.3105 dvance of the B eth Eike Clerk '— Publish Datat may ay Y, , 2013 CORi237226 05/09/2013