Item #05 Approval of Crown Pointe Cove School Concurrency Mitigation Agreement between Pulte Homes, Orange County Public Schools and City of Ocoee (OCE-15-005) Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 17, 2016
Item # .�
Reviewed By: /
Contact Name: Michael Rumer71/41 Department Direct. /../..Z74.4, -
Contact Number: Ext. 1018 City Manager: IW/Z '
Subject: Approval of Crown Pointe Cove School Concurrency Mitigation Agreement between
Pulte Homes, Orange County Public Schools and City of Ocoee (OCE-15-005)
Commission District# 1 —John Grogan
Background Summary:
As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning Implementation
of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School Board and the Applicant
of the proposed development when the students generated fails to meet the adopted level of service.
The applicant submitted a School Concurrency Determination Application and Development Analysis to the
Orange County School Board in connection with a proposal to obtain approval for a Preliminary and Final
Subdivision Plan in order to develop forty-four (44) Residential Units on the Westyn Bay Commercial PUD
property. The analysis indicated the proposed development would generate 4.4 students at Ocoee Middle
School. The capacity available at Ocoee Middle School could accommodate 1.4 students resulting in a need to
mitigate three (3) students.
Issue:
Should the Honorable Mayor and City Commission authorize the Mayor to approve and sign the School
Capacity Mitigation Agreement between the Crown Pointe Cove Applicant, Pulte Home Corporation, the City of
Ocoee, and Orange County Public Schools?
Recommendation:
Staff recommends the City Commission approve and the Mayor sign the School Concurrency Mitigation
Agreement between the Crown Pointe Cove Applicant, Pulte Home Corporation, the City of Ocoee, and Orange
County Public Schools.
Attachments:
School Concurrency Mitigation Agreement (OCE-15-005)
OCE-15-005 Concurrency Denial Letter
OCE-15-005 Concurrency Determination Attachment A
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Heating
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
After recording return to:
Tyrone K.Smith,AICP
Orange County Public Schools
445 West Amelia Street
Orlando,Florida 32801-1129
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
SCHOOL CONCURRENCY
MITIGATION AGREEMENT
OCE-15-005
Crown Pointe Cove
06-22-28-0000-00-067(a portion thereof)
THIS SCHOOL CONCURRENCY MITIGATION AGREEMENT ("Agreement"), is
entered into by THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate
and political subdivision of the State of Florida, ("School Board"); CITY OF OCOEE,
FLORIDA, a municipal corporation of the State of Florida, ("City") and PULTE HOME
CORPORATION, a Michigan corporation, whose address is 4901 Vineland Road, Suite 500,
Orlando, Florida 32811, (the"Applicant"),collectively referred to herein as the"Parties."
RECITALS:
WHEREAS, the School Board, Orange County, and the municipalities within Orange
County have entered into that certain "Amended and Restated Interlocal Agreement For Public
School Facility Planning and Implementation of Concurrency""recorded September 17, 2008 in
Official Records Book 9762, beginning at Page 5045, of the Public Records of Orange County,
Florida(the"Interlocal Agreement"), and
WHEREAS, pursuant to Section 16.6 of the Interlocal Agreement, an applicant
submitting a School Concurrency Determination Application for approval of a Final Subdivision
Plan that will generate additional students in a School Concurrency Service Area in which there
is insufficient Available School Capacity to accommodate the anticipated additional students
must enter into a Proportionate Share Mitigation Agreement to prevent school overcrowding
attributable to the anticipated additional students generated by the Residential Development as
specified in the Interlocal Agreement;
WHEREAS, an Applicant must submit the School Concurrency Determination
Application along with a Development Analysis which identifies the proposed location of the
Residential Development, the number of Residential Units that will be created, a phasing
schedule (if applicable), a map demonstrating land use and zoning classifications for the
Applicant's property, as well as all other information required pursuant to Section 16.5 of the
Interlocal Agreement,to the City; and
APPROVED /Z
1 Bets0°l Board Aleadow
Agenda
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that
certain tract of land located in the City of Ocoee, Florida, as more particularly described on
Exhibit "A," attached hereto and incorporated herein by reference (the "Property"), the location
of which is illustrated by a map attached hereto as Exhibit "B," and incorporated herein by
reference; and
WHEREAS, the Applicant has submitted a School Concurrency Determination
Application and Development Analysis to the County in connection with a proposal to obtain
approval for a preliminary subdivision plan in order to develop forty-four(44) Residential Units
on the Property (the "Project") and the County has forwarded the School Concurrency
Determination Application and Development Analysis to the School Board; and
WHEREAS, the School Board has reviewed and evaluated the Applicant's School
Concurrency Determination Application and Development Analysis as required by Section 16.6
of the Interlocal Agreement, and has determined that based on the current adopted Level of
Service standards for the School Concurrency Service Areas within which the Property is located
and the anticipated new School Capacity that will be available in the first three (3) years of the
current District Facilities Work Program to serve the proposed Residential Development, there is
insufficient Available School Capacity at the middle school level to serve the new 7 Residential
Units within the School Concurrency Service Areas for the Project or within adjacent School
Concurrency Service Areas as determined by an Adjacency Review;and
WHEREAS, approving the School Concurrency Determination Application without
requiring Proportionate Share Mitigation for the impacts of the proposed new Residential Units
will either create or worsen school overcrowding in the applicable School Concurrency Service
Areas; and
WHEREAS,the Applicant has agreed to enter into this Agreement with the School Board
and County to provide Proportionate Share Mitigation proportionate to the demand for Public
School Facilities to be created by the Project,as more particularly set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the Parties hereto,intending to be legally bound, agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct
and are hereby incorporated into this Agreement by reference as if fully set forth herein.
2. DEFINITION OF MATERIAL TERMS. Any capitalized terms used herein but
not defined shall have the meaning attributed to such term in the Interlocal Agreement.
3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a legally
binding commitment by the Applicant to mitigate for the impacts of the new Residential Units
for which the Applicant is seeking approval pursuant to the School Concurrency Determination
Application and is intended to satisfy the requirements of Florida law and the Orange County
Code.
4. PROPORTIONATE SHARE MITIGATION. The Parties hereby agree that the
Applicant shall provide Proportionate Share Mitigation in order to meet the demand for School
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Capacity created by the Project and to provide additional capacity middle school students, as
follows,in accordance with Section 17.2 of the Interlocal Agreement:
a. Payment of School Impact Fees as set forth in the Orange County
Ordinance 2011-04 (the "School Impact Fee Ordinance") in the amounts as specified in the
School Impact Fee Ordinance and paid prior to the recording of the final plat for the Property
(the"Final Subdivision Plan")in the Public Records of Orange County, Florida. As of the date of
this Agreement, the total estimated School Impact Fees for such residential units are FORTY
FIVE THOUSAND SIX HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($45,675.00).
In the event such School Impact Fees increase,Applicant shall be obligated to pay any additional
sums at the time building permits for such residential units are applied for by Applicant; and
b. Payment of an additional SEVEN TEEN THOUSAND FIVE HUNDRED
SIXTY TWO AND 00/100 DOLLARS ($17,562.00) as a portion of the Proportionate Share
Mitigation associated with providing the necessary capacity that exceeds the estimated School
Impact Fees. Such additional payment shall be due and payable prior to the time of recording
Applicant's Final Subdivision Plan in the Public Records of Orange County,Florida; and
5. USE OF PROPORTIONATE SHARE. The School Board shall direct the
Proportionate Share to a School Capacity improvement identified in the capital improvement
schedule in the five (5) year district work plan of the School Board's District Facilities Work
Program which satisfies the demands from the proposed Residential Development. If such a
School Capacity improvement does not exist in the District Facilities Work Program, the School
Board may, in its sole discretion, add a School Capacity improvement to its District Facilities
Work Program to mitigate the impacts from the Project, as provided in Section 17.6 of the
Interlocal Agreement.
6. IMPACT FEE CREDIT. The Proportionate Share paid pursuant to this
Agreement shall be credited against the School Impact Fee on a dollar for dollar basis at fair
market value.
The School Board shall notify the City of the amount of the School Impact Fee Credit
based upon seven (7) Equivalent Residential Units (as defined in Section 30-622 of the Orange
County Code), currently estimated to be FORTY FIVE THOUSAND SIX HUNDRED
SEVENTY FIVE AND 00/100 DOLLARS ($45,675.00), and shall request a School Impact Fee
credit account in such amount upon receipt of the Proportionate Share Mitigation.
In the event that the School Impact Fees prepaid by the Applicant exceed the School
Impact Fees due pursuant to the School Impact Fee Ordinance, Applicant may request that the
excess School Impact Fees be transferred to another project within the jurisdiction where the
Project is located
7. ISSUANCE OF SCHOOL CONCURRENCY RECOMMENDATION. Upon
final execution of this Agreement by all Parties hereto, the School Board shall issue a School
Concurrency Recommendation documenting that School Capacity will be available for the
Project. This recommendation may be used by the City to issue a Capacity Encumbrance Letter
in accordance with Section 16.7 of the Interlocal Agreement.
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
8. SCHOOL CAPACITY ENCUMBRANCE AND RESERVATION. At such time
as the Applicant has paid the Proportionate Share, and paid the School Capacity Reservation
Fees further described in Paragraph 9, School Capacity shall be reserved for the total units
reflected on the application;provided,however,if the Applicant fails to make any of the required
School Capacity Reservation Fee payments described in Paragraph 9 below or if this Agreement
is terminated, such reserved School Capacity shall lapse.
9. CAPACITY RESERVATION FEE. In order to reserve capacity for the
remaining units in the Project, Applicant shall be required to pay a School Capacity Reservation
Fee. As of the date of this Agreement, the School Capacity Reservation Fees for the remaining
units are estimated to be TWO HUNDRED EIGHTY SEVEN THOUSAND ONE HUNDRED
AND 00/100 DOLLARS ($287,100.00) and are anticipated to be paid in accordance with the
schedule below. However, Applicant shall be obligated to pay the School Capacity Reservation
Fees at the rates in effect at the time for the Project and in accordance with the schedule
contained within this paragraph.
a. At the time of Plat approval: $95,700.00; and
b. 12 months after Plat approval: $95,700.00; and
c. 24 months after Plat approval: $95,700.00
Notwithstanding the schedule provided by this Section, Applicant may prepay any
or all of the School Capacity Reservation Fees in advance Capacity Reservation Fees paid
pursuant to this Agreement shall be credited towards School Impact Fees as provided in Section
16.7 of the Interlocal Agreement. Applicant may only obtain building permits in direct
proportion to the Capacity Reservation Fees paid. In the event Applicant has an established pre-
paid School Impact Fee Account, the School Capacity Reservation Fees may be paid from such
School Impact Fee Account.
10. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any
administrative fees paid, as well as any capacity encumbered or reserved under the following
circumstances, unless the City and the School Board agree to an extension of the Applicant's
Certificate of School Concurrency:
a. The City does not approve the Plat within one hundred eighty (180) days
of the Effective Date of this Agreement. In such event, all Proportionate Share Mitigation paid
by the Applicant shall be refunded to the Applicant by the School Board.
b. The Applicant fails to proceed in good faith in a diligent and timely
manner and secure at least one Building Permit for a unit other than a model home within three
(3) years of recording of the plat. In such case, this Agreement shall be terminated and any
encumbered or reserved school capacity shall be returned to its applicable Concurrency Service
Area. The Applicant will not be entitled to a refund of any portion of the Proportionate Share
Mitigation paid under this Agreement, and will only be entitled to receive a 90% refund of the
Capacity Reservation Fee assuming all other applicable conditions are met.
11. COVENANTS RUNNING WITH THE LAND. This Agreement shall be binding,
and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
parties, and shall be a covenant running with the Property and be binding upon the successors
and assigns of the Owner and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.
12. NOTICES. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered(whether or not actually received)(i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:
School Board School Board of Orange County,Florida
Attn: Superintendent
445 West Amelia Street
Orlando, Florida 32801
With a Copy to: Orange County Public Schools
Office of Planning&Governmental Relations
445 West Amelia Street
Orlando, Florida 32801
Owner/Applicant: Pulte Home Corporation
Attn: Doug Hoffman
4901 Vineland Road, Suite 500
Orlando,Florida 32811
County: City of Ocoee
Attn: City Planner
150 N. Lakeshore Drive
Ocoee, Florida 34761
13. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings
contained in this Agreement are for convenience and reference only. They in no way define,
describe, extend or limit the scope or intent of this Agreement.
14. NO WAIVER. No waiver of any provision of this Agreement shall be effective
unless it is in writing, and signed by the party against whom it is asserted. Any such written
waiver shall only be applicable to the specific instance to which it relates, and shall not be
deemed to be a continuing or future waiver.
15. EXHIBITS. All Exhibits attached hereto are a part of this Agreement and are fully
incorporated herein by this reference.
16. AMENDMENTS. No modification, amendment, or alteration to the terms or
conditions contained herein shall be binding upon the parties hereto unless in writing and
executed by all the Parties to this Agreement.
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
17. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant may assign its rights,
obligations and responsibilities under this Agreement to a third-party purchaser of all or any part
of fee simple title to the Property; provided, however, that any such assignment shall be in
writing and shall require the prior written consent of all of the Parties hereto,which consent shall
not be unreasonably withheld, conditioned, or delayed. Such consent may be conditioned upon
the receipt by the other parties hereto of the written agreement of the assignee to comply with
conditions and procedures to aid in the monitoring and enforcement of the assignee's
performance of the Applicant's obligations with regard to Proportionate Share Mitigation under
this Agreement. The assignor under such assignment shall furnish the Parties with a copy of the
written assignment within ten(10)days of the date of execution of same.
18. COUNTERPARTS. This Agreement may be signed in counterparts, each of
which may be deemed an original, and all of which together constitute one and the same
agreement.
19. RECORDING OF THIS AGREEMENT. The School Board agrees to record this
Agreement, at Applicant's expense, within fourteen (14) days after the Effective Date, in the
Public Records of Orange County, Florida.
20. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement among
the Parties with respect to the subject matter addressed herein, and it supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, among the
Parties.
21. SEVERABILITY. If any provision of this Agreement is declared invalid or
unenforceable by a court of competent jurisdiction,the invalid or unenforceable provision will be
stricken from the Agreement, and the balance of the Agreement will remain in full force and
effect as long as doing so would not affect the overall purpose or intent of the Agreement.
22. APPLICABLE LAW. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to the laws of the State of Florida and in
accordance with the Orange County Code and venue for any action to enforce the provisions of
this Agreement shall be in the Ninth Judicial Circuit Court in and for Orange County, Florida.
23. ATTORNEY'S FEES. In the event any party hereto brings an action or
proceeding, including any counterclaim, cross-claim,or third party claim, against any other party
hereto arising out of this Agreement, each party in such action or proceeding, including appeals
therefrom, shall be responsible for its own attorney fees.
24. EFFECTIVE DATE. The effective date of this Agreement shall be the date when
the last one of the parties has properly executed this Agreement as determined by the date set
forth immediately below their respective signatures (the"Effective Date").
25. PRE-PAYMENT, MITIGATION & CAPACITY RESERVATION FORMS. This
Agreement requires the Applicant to pay a Capacity Reservation Fee and Proportionate Share
Mitigation prior to the recording of a Plat. The form attached hereto as Exhibit "C," must be
completed and returned to the School Board's Office of Planning & Governmental Relations
with all fees due hereunder, including, but not limited to, Capacity Reservation Fees and
Proportionate Share Mitigation. This form must be completed and returned to the Office of
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Planning & Governmental Relations, in addition to all fees payable pursuant to the terms of this
Agreement,to satisfy Paragraph 4 and Paragraph 9 of this Agreement.
Signatures on Following Page
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by
their respective duly authorized representatives on the dates set forth below each signature:
Signed, sealed and delivered in the "SCHOOL BOARD"
Presence of: THE SCHOOL BOARD OF ORANGE
COUNTY,FLORI A, a body corporate and
political subdiv'. ► .f �j j; Florida
By . ..�...��
William E. Sublett-/Chairman
Date: 1 L ,2016
Print Name:C ‘t-Q 4q a,-,a I o kc
Print Name: \ n,� tr' w i /
Attest
gr
Print Name: /\ Pn h I-1,'■ Barbara M. Jenk'` s, as its Secretary and
Superintendent
Print Name:C C.,,or(-PLC's {Corporate Seal}
Approved as to form and legality by the
Office of the General Counsel to the School
Board of Orange County, Florida this /9
day of , 2016 for its
exclu e u e and reliance.
Eileen D. Fernandez, Esq., Associate General
Counsel
8
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing nstrument was acknowledged before me this of
g (I g day
1 , 2016, by Y�111�(,dry1 cL • :�� C., as the Chairman of The School
Board df Orange County, a body corporate and political subdivision of the State of
Florida on behalf of the School Board. Said person(check one) vis personally known to me
or produced as identification.
l , .
MARGARITA RIVERA '�,'� GC/
;��' = Printed Nam-. ' �/_ �!G � /
*- MY COMMISSION#EE664042 4N EXPIRES January 10,2017 Notary Public, State . Florida•
1407)398-0153 ` FIocldallotary8ecMCe.oem
Commission No.
My commission expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 00.111. day of
VI l , 2016, by Barbara M. Jenkins, as Secretary and Superintendent of The
AT)
Sch 1 Board of Orange County, Florida, a body corporate and political su vision of the State
of Florida on behalf of the School Board. Said person (check one) is personally known to
me or produced as identification.
-AlltAtilikertUd4 X177
__�r__,!J5AP1 Ai.,f!�.4S Printed Name: • Lw/ ,
'' .,�'.` MY COMMMIS2r 1 k rF 175J
*:.-���,- EXPIRES:tkI ,slnix1 Notary Public, State of Florida
,R , Bonded 7hm Notary Pa.5c uJrs Commission No.
My commission expires:
9
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Signed, sealed and delivered in the "APPLICANT"
Presence of: PULTE HOME CORPORATION,a Michigan
corporation
By:
Doug Hoffman, as Director of Land
Date: fEA• 96- , 2016
Print Name:cln ice A l l 1 fl 4h
9A
Print Name: TER-g-y E• arssEn/
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this c2.5-TN day of
FEB R u gR y , 2016, by Doug Hoffman, as Director of Land of Pulte Home
Corporation, a Michigan corporation, on behalf of said corporation/partnership/limited liability
company. Said person (check one) 1/ is personally known to me or produced
as identification.
�1�JLA c,
y, TERRY E.BISSEN Printed Name: Terry F Omen
°° ,k STATE OF FLORIDA Notary 1: NOTARY PUBLIC Notar Public, State of Florida
. ._,, Gomm#EE190607 Commission No.
Expires 5/22/2018
My commission expires:
10
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Signed, sealed and delivered in the "CITY"
Presence of: CITY OF OCOEE,FLORIDA,a municipal
corporation of the State of Florida
By:
Print Name:
Print Name:
Title:
Print Name:
Date: ,2016
(Corporate Seal}
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Exhibit"A"—Legal Description
A PARCEL OF LAND LYING IN SECTION 6,TOWNSHIP 22 SOUTH,RANGE 28 EAST, ORANGE
COUNTY,FLORIDA BEING DESCRIBED AS FOLLOWS:
COMMENCE AT A 4"X4" CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 6,AS A POINT OF REFERENCE;THENCE RUN
S86°38'39"W,ALONG THE SOUTH LINE THEREOF, 649.91 FEET TO A POINT ON THE WEST
RIGHT OF WAY LINE OF COUNTY ROAD 437;THENCE CONTINUE S86°38'39"W ALONG SAID
SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 6,A DISTANCE OF 317.15 FEET TO THE
POINT OF BEGINNING; THENCE RUN S28°1718"W,A DISTANCE OF 424.48 FEET;THENCE
RUN N62°13'45"W,A DISTANCE OF 23.37 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTH,HAVING A RADIUS OF 180.00 FEET;THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°04'40",AN ARC
DISTANCE OF 50.51 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE
TO THE NORTH,HAVING A RADIUS OF 720.00 FEET;THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°05'19",AN ARC
DISTANCE OF 503.77 FEET;THENCE RUN N38°13'06"W,A DISTANCE OF 188.46 FEET TO A
POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF OCOEE CROWN POINT
PARKWAY;THENCE RUN N51°46'54"E ALONG SAID SOUTHEASTERLY RIGHT OF WAY
LINE,A DISTANCE OF 342.38 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
SOUTH,HAVING A RADIUS OF 640.00 FEET;THENCE CONTINUE ALONG SAID
SOUTHEASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 47°18'09",AN ARC DISTANCE OF 528.37 FEET; THENCE DEPARTING
SAID SOUTHEASTERLY RIGHT OF WAY LINE,RUN Si 1°16'42"W,A DISTANCE OF 14.36 FEET
TO THE BEGINNING OF A CURVE, CONCAVE TO THE EAST,HAVING A RADIUS OF 86.50
FEET;THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 72°59'24",AN ARC DISTANCE OF 110.19 FEET; THENCE RUN
S61°42'42"E,A DISTANCE OF 101.31 FEET TO THE BEGINNING OF A CURVE,CONCAVE TO
THE WEST,HAVING A RADIUS OF 37.50 FEET; THENCE RUN SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00",AN ARC DISTANCE OF
58.90 FEET;THENCE RUN S28°17'18"W,A DISTANCE OF 223.46 FEET TO THE POINT OF
BEGINNING.
CONTAINING 9.884 ACRES,MORE OR LESS.
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Exhibit"C"-Forms
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OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
Exhibit"C"-Forms
CAPACITY RESERVATION FEE & MITIGATION FORM
t-#S4,fei OFFICE OF PLANNING&GOVERNMENTAL RELATIONS
P J[S) 445 W.AMELIA STREET,ORLANDO FL 32801-1129
TEL:407-317-3974/FAX:407-317-3263/WEBSITE:http://pgr.ocps.net.
•A Concurrency Mitigation Agreement (CMA) or Concurrency Encumbrance Letter (CEL) may require certain
property owners and developers to pay a Capacity Reservation Fee(CRF)and/or Proportionate Share Mitigation
at some point in the development process prior to issuance of a building permit. This form must be completed
and returned to the Office of Planning&Governmental Relations at Orange County Public Schools(OCPS)with a
check payable to OCPS in the amount of the estimated Capacity Reservation Fees,and/or Proportionate Share
Mitigation. This form must be completed and returned to the Office of Planning&Governmental Relations at
Orange County Public Schools. Any questions regarding this form should be directed to the following:
Contact: Tyrone K.Smith,AICP
(407)317-3200 x2898
tyrone.smith @ocps.net
CMA\CELN:
CMA \CEL Title:
Jurisdiction:
iQ:.
Parcel ID(s):1
O 23e
Z
General Location:
Development Permit Type:2
Date:
Z. Applicant Name:
Company:
a cc
zo' Address:
oz
Of
Si:
Q,-
Email:
1
Od`.2013
R.,.07.2014
14
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
CAPACITY RESERVATION FEE&MITIGATION FORM
Plat/Site Plan Title:'
jProject Title:
4ii%..`"' Phase:
,,w"9 N Single Family Unks:
V .., N Multi-Family Units:
Total A of Units:
Local Governmental Approval date of Plat\Site Plan:
Capacity Reservation Fee Amount
Installment: ❑1"02nd❑3rd❑Remaining Balance $
Proportionate Share Mitigation Amount(Payable to Orange County School Board)
$
i 0.� A check made payable to OCPS must accompany this form.lithe prepayment amount is correct and the form
a ', complete and sufftdent a Letter of Authorization will be prepared by OCPS to inform the Applicable Local
-4ee'X. Government to create a credit account OCPS will forward the Letter of Authorization to the Applicable Local
O"
piGovernment and copy the Applicant.
,„,,T-
s' Single Family Impact Fee Multi-Family Impact Fee
an= .
a $6,525/unit
a $3,921/unit
Does this CMA\CEL require an additional contribution? Yes ❑ No ❑
I Identify the section of the CMA\CEL that requires the mitigation payment?
}
ApjfAcant Ctiec!Lli{tm
❑ Capacity Reservation Fee&Mitigation Form signed and notarized.
❑ Capacity Reservation Fee check,payable to the OCPS.
❑ Proportionate Share Mitigation check,payable to the OCPS.
❑ 11 X 17 copy of the site plan/plat associated with this request.
2
15
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
CAPACITY RESERVATION FEE&MITIGATION FORM
Signature of Property Owner Date
Printed Name of Property Owner
STATE OF FLORIDA (Notary Seal)
COUNTY OF
The foregoing instrument was acknowledged
before me this day of Printed Name
20_,by
Notary Public,State of Florida
Said person is personally known to me or Commission/t
produced
as identification. My commission expires:
For OCPS Use Only
Received Stamp
Reviewer
Date
Reviewed:
❑ Application Sufficient
❑ Letter of Authorization Approved
Footnotes:
1. List all parcel Identification numbers assigned to the parcels within the Preliminary Subdivision Plan(PSP),site plan,or plat
boundaries that apply to this application.List parcel IDs in a separate attachment,if necessary.
2. Development permit type—state whether the credit will be applied to a plat,PSP,site plan,or other type of permit
required by local government.Only one development permit type should apply.A separate Prepaid School Impact Fee
Form must be completed for each development permit application.
3. State the title of the PSP,site plan or plat exactly as it appears on that document.
3
16
OCE-15-005 Crown Pointe Cove CMA 02-18-2016 DRAFT
odst-
Orange P Coun ty Public Schools
44s
West Amelia Street•Orlando.FL 32801.1 129•Phone 407.317.3200•www.ocps net
SCHOOL CONCURRENCY DETERMINATION
CONCURRENCY DENIAL LETTER
September 2, 2015
VIA E-MAIL: douq.hoffman(capultegroup.com
Doug Hoffman
Pulte Home Corporation
4901 Vineland Road, Suite 500
Orlando, FL 32811
ACTION: RECOMMENDATION FOR DENIAL for Application OCE-15-005.
This letter serves as the official concurrency denial letter on behalf of the City of Ocoee by Orange County
Public Schools that school capacity for the following development is not available:
Type of Development Application ® Master Plan
❑ Amendment or Extension of CEL
Local Government Application#: LS-2015-004
Project Name: Crown Point Cove
OCPS Application Date: August 4, 2015
Parcel#(s): Multiple Parcels
Requested Units (#): Total: 44 units SF: 44 units MF: 0 units Exempt: 0 units
Acreage: +/-9.8 acres
School Board District: #7
Detailed Capacity Analysis: Attachment A
Upon review of the above-named application for School Concurrency Determination, the Office of Planning &
Governmental Relations of Orange County Public Schools finds this application is denied based on
insufficient school capacity at the affected Concurrency Service Areas (CSA) to support the development of
44 single-family residential units. A Concurrency Mitigation Agreement(CMA)will be required.
To determine if this project can be approved through mitigation, the Applicant must contact the Office of
Planning & Governmental Relations within fourteen (14) days of this of this letter. The fee to process a CMA
for 44 units is $1,500.00, and the process takes approximately sixty (60) days. Please refer to Attachment
B for additional instructions on how to proceed with entering into a CMA. If you intend to mitigate, the
next step in the application process will be the School Development Review Committee (SDRC).
This determination expires on February 15, 2016. In the event this project does not possess a fully
executed CMA by the expiration date but still intends to move forward in the development process, the
applicant must resubmit the application and application fee to be reevaluated by OCPS. In addition, should
the scope of the project change (e.g., modification of unit count and/or unit type), a new determination will be
required.
"The Orange County School Board is an equal opportunity agency."
Page 2 of 4
OCE-15-005 Concurrency Denial Letter
This determination is governed by the First Amended and Restated Interlocal Agreement for Public School
Facility Planning and Implementation of Concurrency, the provisions of the municipality's adopted
Comprehensive Plan,the Orange County Charter, and the Florida Statutes.
Please contact me at(407) 317-3200 ext. 2002898 or e-mail me at tyrone.smith @ocps.net.
Sincerely,
Tyrone K. Smith,AICP
Senior Administrator
OCPS Planning & Governmental Relations
TKS
Attachments—Attachment A: Detailed Capacity Analysis
Attachment B: CMA Submittal Requirements and Information
Cc: Mike Rumer,City Planner, Planning Department, City of Ocoee (via e-mail)
Project File
"The Orange County School Board is an equal opportunity agency."
Page 3 of 4
OCE-15-005 Concurrency Denial Letter
Attachment A
"The Orange County School Board is an equal opportunity agency"
Page 4 of 4
OCE-15-005 Concurrency Denial Letter
Attachment B
CONCURRENCY MITIGATION AGREEMENT
SUBMITTAL REQUIREMENTS AND INFORMATION
To proceed with entering into a Concurrency Mitigation Agreement (CMA) with OCPS, please
provide the Office of Planning & Governmental Relations with the following items to complete this
process:
1. Written confirmation that Applicant would like to proceed with a CMA. Written
confirmation can be provided via U.S. Mail or via E-Mail.
2. Check made out to Orange County Public Schools for mitigation agreement fee:
CEA/CMA Mitigation Agreement Fee CEA/CMA Extension/Amendment Fee
1 to 50 units: $1,500.00 1 to 50 units: $1,000.00
51 to 200 units: $2,000.00 51 to 200 units: $1,500.00
201 to 500 units: $4,000.00 201 to 500 units: $4,000.00
501 to 1000 units: $6,000.00 501 to 1000 units: $4,000.00
1001+ units: $7,000.00 1001+ units: $5,000.00
Additional Fee for DRI Review: $3,000.00 Additional Fee for DRI Review: $2,000.00
3. Legal description formatted on 8.5" X 11", labeled "Exhibit A." (Electronic Copy in
MSWord format)
4. OCPS will provide the Applicant with a draft CMA after the School Development
Review Committee recommends approval of the draft agreement terms. Please
review and provide comments within two weeks of receipt of the draft agreement
from OCPS.
5. Return three (3) signed originals to the Office of Planning & Governmental
Relations at least two weeks prior to the scheduled School Board hearing date.
6. CMAs are required to appear on two (2) School Board meeting agendas. Staff is
required to submit materials, including a signed agreement, at least two weeks
prior to the meeting date. The 2015 meeting schedule is as follows:
January 13, 2015 June 23, 2015
January 27, 2015 *July 14, 2015
February 10, 2015 August 11, 2015
February 24, 2015 August 25, 2015
March 10, 2015 **September 8, 2015
April 11, 2015 September 22, 2015
April 28, 2015 October 13, 2015
May 12, 2015 October 27, 2015
May 26, 2015 November 10, 2015
Junc 9, 2015 *Tentative/Optional Meeting
**Budget Meeting
The School Board's 2016 meeting schedule will be available after the November 10,2015 meeting.
7. The applicant will provide a check for recording of the agreement, made out to the
Orange County Comptroller must be provided to OCPS prior to the School Board
hearing date. $10.00 for the first page and $8.50 for each additional page. Indexing
-first four(4) names free and a charge of$1.00 per additional name.
"The Orange County School Board is an equal opportunity agency."
ORANGE COUNTY PUBLIC SCHOOLS
Planning&Governmental Relations
Concurrency Determination 8/19/2015
Project ID: OCE-15-005 Expires: 2/15/2016
Project Name: Crown Point Cove
18.92
Number of Unvested Units: Sin:le Famil 44
Multi-Famil : 0
Number of Vested Units: Sin:le Famil 0
Multi-Famil : 0
School Level Elementary Middle High
CSA: U
School: Clarcona Lakeview Ocoee
Analysis of Existing Conditions
'School Level Elementary Middle High
CSA Capacity(2014-15) 3,633 1,168 2,777
Enrollment(2014-15) 3,155 1,033 2,241
Utilization (2014-15) 86.8% 88.4% 80.7%
C LOS Standard 110.0% 100.0% 100.0%
i Available Seats 841 135 536
Analysis of Reserved Capacity
= Encumbered Capacity 186 104 246
0 Reserved Capacity 0 29 193
Adjusted Utilization 91.1% 99.9% 95.9%
Adjusted Available Seats 654.85 1.37 96.57
Analysis of Proposed Development
Students Generated 8.62 4.40 5.90
Adjusted Utilization 91.3% 100.3% 96.1%
PASS/FAIL PASS FAIL PASS
Number of Seats to Mitigate 0.0 3.0 0.0
CSA: U
School: _ Clarcona _ Lakeview Ocoee
Analysis of Existing Conditions
School Level Elementary Middle High
CSA Capacity(2014-15) 3,633 1,168 2,777
Enrollment(2014-15) 3,155 1,033 2,241
Utilization (2014-15) 86.8% 88.4% 80.7%
LOS Standard 110.0% 100.0% 100.0%
u Available Seats 841 135 536
C Analysis of Reserved Capacity
a Encumbered Capacity 186 104 246
"1 Reserved Capacity 0 29 193
Q Adjusted Utilization 91.1% 99.9% 95.9%
Adjusted Available Seats 655 1 97
Analysis of Proposed Development
Students Generated 8.62 4.40 5.90
Adjusted Utilization 91.3% 100.3% 96.1%
PASS/FAIL PASS FAIL PASS
Number of Seats to Mitigate 0.00 3.03 0.00
CARMA 2014-15
Clarcona ES: FISH modified to include 558 from OLD Clarcona
02/21/14
Lakeview MS: Adjacency is not available
Ocoee HS:
i