Item #02 Approval of City Center West Orange School Concurrency Mitigation Agreement between WSCC Development, LLC, Orange County Public Schools and City of Ocoee. ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: September 20, 2016
Item #
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Approval of City Center West Orange School Concurrency Mitigation Agreement
between WSCC Development, LLC, Orange County Public Schools and City of Ocoee
(OCE-16-004)
Commission District# 1 — Richard Firstner
Background Summary:
As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning Implementation
of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School Board and the Applicant
of the proposed development when the students generated fails to meet the adopted level of service.
The applicant submitted a School Concurrency Determination Application and Development Analysis to the
Orange County School Board in connection with a proposal to obtain approval for a Preliminary and Final
Subdivision Plan in order to develop 480 Residential Units on the City Center West Orange property. The
analysis indicated the proposed development would generate 27.36 students at Ocoee Middle School. The
capacity available at Ocoee Middle School could accommodate 0 students resulting in a need to mitigate 27.4
students.
Issue:
Should the Honorable Mayor and City Commission authorize the Mayor to approve and sign the School
Capacity Mitigation Agreement between the City Center West Orange Applicant, WSCC Development, LLC, 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 City Center West Orange Applicant, WSCC Development, LLC, the City of Ocoee, and
Orange County Public Schools.
Attachments:
School Concurrency Mitigation Agreement (OCE-16-004)
OCE-16-004 Concurrency Denial Letter with Attachment A
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
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■
After recording return to:
Tyrone K.Smith,AICP
Orange County Public Schools
6501 Magic Way,Building 200
Orlando,Florida 32809
[SPACE ABOVE THIS LINE FOR RECORDING DATA]
SCHOOL CONCURRENCY
MITIGATION AGREEMENT
OCE-16-004
City Center West Orange
20-22-28-0000-00-021
THIS SCHOOL CONCURRENCY MITIGATION AGREEMENT ("Agreement"), is
entered into by THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate
and political subdivision of the State of Florida, ("School Board"); CITY OF OCOEE, a
municipal corporation of the State of Florida, ("City") and WSCC DEVELOPMENT, LLC, a
Florida limited liability company, whose address is 7380 W. Sand Lake Road, Suite 395,
Orlando,Florida 32819 (the "Applicant"), collectively referred to herein as the "Parties."
RECITALS:
WHEREAS, the School Board, Orange County, and the municipalities within Orange
County have entered into that certain "Amended and Restated Interlocal Agreement For Public
School Facility Planning and Implementation of Concurrency"(the "Interlocal Agreement"), and
WHEREAS, pursuant to Section 16.6 of the Interlocal Agreement, an applicant
submitting a School Concurrency Determination Application for approval of a Site Plan that will
generate additional students in a School Concurrency Service Area in which there is insufficient
Available School Capacity to accommodate the anticipated additional students must enter into a
Proportionate Share Mitigation Agreement to prevent school overcrowding attributable to the
anticipated additional students generated by the Residential Development as specified in the
Interlocal Agreement;
WHEREAS, an Applicant must submit the School Concurrency Determination
Application along with a Development Analysis which identifies the proposed location of the
Residential Development, the number of Residential Units that will be created, a phasing
schedule (if applicable), a map demonstrating land use and zoning classifications for the
Applicant's property, as well as all other information required pursuant to Section 16.5 of the
Interlocal Agreement, to the County; and
WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that
certain tract of land, as more particularly described on Exhibit "A," attached hereto and
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incorporated herein by reference (the "Property"), the location of which is illustrated by a map
attached hereto as Exhibit"B," and incorporated herein by reference; and
WHEREAS, the Applicant has submitted a School Concurrency Determination
Application and Development Analysis to the City in connection with a proposal to obtain
approval for a site plan in order to develop 480 Multi-Family Residential Units on the Property
(the "Project") and the City has forwarded the School Concurrency Determination Application
and Development Analysis to the School Board; and
WHEREAS, the School Board has reviewed and evaluated the Applicant's School
Concurrency Determination Application and Development Analysis as required by Section 16.6
of the Interlocal Agreement, and has determined that based on the current adopted Level of
Service standards for the School Concurrency Service Areas within which the Property is located
and the anticipated new School Capacity that will be available in the first three (3) years of the
current District Facilities Work Program to serve the proposed Residential Development,there is
insufficient Available School Capacity at the middle school level to serve the new multi-family
Residential Units within the School Concurrency Service Areas for the Project or within adjacent
School Concurrency Service Areas as determined by an Adjacency Review; and
WHEREAS, approving the School Concurrency Determination Application without
requiring Proportionate Share Mitigation for the impacts of the proposed new Residential Units
will either create or worsen school overcrowding in the applicable School Concurrency Service
Areas; and
WHEREAS,the Applicant has agreed to enter into this Agreement with the School Board
and County to provide Proportionate Share Mitigation proportionate to the demand for Public
School Facilities to be created by the Project, as more particularly set forth herein.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged,the Parties hereto, intending to be legally bound, agree as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct
and are hereby incorporated into this Agreement by reference as if fully set forth herein.
2. DEFINITION OF MATERIAL TERMS. Any capitalized terms used herein but
not defined shall have the meaning attributed to such term in the Interlocal Agreement.
3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a legally
binding commitment by the Applicant to mitigate for the impacts of the new Residential Units
for which the Applicant is seeking approval pursuant to the School Concurrency Determination
Application and is intended to satisfy the requirements of Florida law and the Orange County
Code.
4. PROPORTIONATE SHARE MITIGATION. The Parties hereby agree that the
Applicant shall provide Proportionate Share Mitigation in order to meet the demand for School
Capacity created by the Project and to provide additional capacity for middle school students, as
follows, in accordance with Section 17.2 of the Interlocal Agreement: p
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Payment in the amount of FIVE HUNDRED SEVENTY THOUSAND TWO
HUNDRED SIXTY FOUR AND 00/100 DOLLARS ($570,264.00) to cover the Proportionate
Share Mitigation associated with providing the necessary capacity to complete the Project (the
"Proportionate Share") to the School Board. Such payment shall be due and payable prior to the
time the plat for the Property is approved and has been calculated in accordance with the formula
found in Section 17.2 of the Interlocal Agreement. To the extent the Applicant's proposed
Residential Development is subject to a Capacity Enhancement Agreement, any capacity
enhancement mitigation paid pursuant to such agreement was applied as a credit to the
Proportionate Share Mitigation required for the Project. Such credit was subtracted from the
total Proportionate Share Mitigation required pursuant to the Interlocal Agreement and is
reflected in the Proportionate Share required in this Section 4.
5. USE OF PROPORTIONATE SHARE. The School Board shall direct the
Proportionate Share to a School Capacity improvement identified in the capital improvement
schedule in the five (5) year district work plan of the School Board's District Facilities Work
Program which satisfies the demands from the proposed Residential'Development. If such a
School Capacity improvement does not exist in the District Facilities Work Program, the School
Board may, in its sole discretion, add a School Capacity improvement to its District Facilities
Work Program to mitigate the impacts from the Project, as provided in Section 17.6 of the
Interlocal Agreement.
6. IMPACT FEE CREDIT. The Proportionate Share paid pursuant to this
Agreement shall be credited against the School Impact Fee on a dollar for dollar basis at fair
market value.
The School Board shall notify the City of the amount of the School Impact Fee Credit
based upon one hundred six (106) Equivalent Residential Units (as defined in Section 30-622 of
the Orange County Code), currently estimated to be FOUR HUNDRED FIFTEEN SIX
HUNDRED TWENTY SIX AND 00/100 DOLLARS ($415,626.00), and shall request a School
Impact Fee credit account in such amount upon receipt of the Proportionate Share Mitigation.
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 County to issue a Capacity Encumbrance
Letter in accordance with Section 16.7 of the Interlocal Agreement.
8. SCHOOL CAPACITY ENCUMBRANCE AND RESERVATION. Upon final
execution of this Agreement by all Parties hereto, the School Board shall issue a Capacity
Encumbrance Letter documenting that School Capacity will be available for the Project. This
letter is in accordance with Section 16.6(g)of the Interlocal Agreement.
At such time as Applicant has prepaid the School Impact Fees further described in
Section 6 of this Agreement, and paid the applicable installment(s) of the School Capacity
Reservation Fee described in Section 9 below, School Capacity shall be reserved for the Project
Units reflected on the application; if the Applicant fails to make any of the required School
Capacity Reservation Fee payments described in Paragraph 9 below or if this Agreement is
terminated, such reserved School Capacity shall lapse and be returned to e applicable
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Concurrency Service Area. Applicant may utilize funds available in any School Impact Fee
Credit account set up as a result of this Agreement to pay said School Capacity Reservation Fees.
9. CAPACITY RESERVATION FEE. The Applicant shall be required to
pay a School Capacity Reservation Fee for the Project in accordance with Section 30-599 of the
Orange County Code which School Capacity Reservation Fee may be paid with any School
Impact Fee Credit account set up as a result of this Agreement. The Applicant shall pay the
School Capacity Reservation Fee further described below.
a. Prior to first building permit:
$ 488,818.00; and
b. 12 months from date of building permit:
$ 488,818.00; and
c. 24 months from date of building permit:
$ 488,818.00 (the remaining balance of the building permit fees).
Notwithstanding the schedule provided by this Section,Applicant may prepay any
or all of the School Capacity Reservation Fees in advance. School Capacity Reservation Fees
paid pursuant to this Agreement shall be credited towards School Impact Fees as provided in
Section 30-599 of the County Code. In the event Applicant has an established pre-paid School
Impact Fee Account, the School Capacity Reservation Fees may be paid from such School
Impact Fee Account.
10. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any
administrative fees paid, as well as any capacity encumbered or reserved under the following
circumstances, unless the County and the School Board agree to an extension of the Applicant's
Certificate of School Concurrency:
a. The City does not approve the Site Plan within one hundred eighty (180)
days from approval of the Site Plan by the County's Development Review Committee. In such
event, all Proportionate Share Mitigation paid by the Applicant shall be refunded to the
Applicant by the School Board.
b. The Applicant fails to proceed in good faith in a diligent and timely
manner and secure at least one Building Permit for a unit other than a model home within three
(3) years of recording of the plat. In such case, this Agreement shall be terminated and any
encumbered or reserved school capacity shall be returned to its applicable capacity bank. The
Applicant will not be entitled to a refund of any portion of the Proportionate Share Mitigation
paid under this Agreement, and will only be entitled to receive a 90% refund of the Capacity
Reservation Fee assuming all other applicable conditions are met.
11. COVENANTS RUNNING WITH THE LAND. This Agreement shall be binding,
and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the
parties, and shall be a covenant running with the Property and be binding upon the successors
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and assigns of the Owner and upon any person, firm, corporation, or entity who may become the
successor in interest to the Property.
12. NOTICES. Any notice delivered with respect to this Agreement shall be in
writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, certified mail, return receipt requested, addressed to the person at the
address set forth opposite the party's name below, or to such other address or other person as the
party shall have specified by written notice to the other party delivered in accordance herewith:
School Board Superintendent
445 West Amelia Street
Orlando,Florida 32801
With a Copy to: Office of Planning& Governmental Relations
445 West Amelia Street
Orlando, Florida 32801
Owner/Applicant: WSCC Development, LLC
7380 W. Sand Lake Road, Suite 395
Orlando, Florida 32819
City: 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.
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
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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").
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Signatures on Following Page
7
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,FLORIDA, a body corporate and
political subdivision of the State of Florida
By:
William E. Sublette, Chairman
Date: , 2016
Print Name:
Print Name:
Attest
Print Name: Barbara M. Jenkins, as its Secretary and
Superintendent
{Corporate Seal}
Print Name:
Approved as to form and legality by the
Office of the General Counsel to the School
Board of Orange County, Florida this
day of , 2016 for its
exclusive use and reliance.
Eileen D. Fernandez, Esq., Associate General
Counsel
8
OCE-16-004 - City Center West Orange
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2016, by , as the Chairman of The School
Board of Orange County, Florida, a body corporate and political subdivision of the State of
Florida on behalf of the School Board. Said person (check one) is personally known to me
or produced as identification.
Printed Name:
Notary Public, State of Florida
Commission No.
My commission expires:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this day of
, 2016, by Barbara M. Jenkins, as Secretary and Superintendent of The
School Board of Orange County, Florida, a body corporate and political subdivision of the State
of Florida on behalf of the School Board. Said person (check one) is personally known to
me or produced as identification.
Printed Name:
Notary Public, State of Florida
Commission No.
My commission expires:
9
OCE-16-004 - City Center West Orange
Signed, sealed and delivered in the "APPLICANT"
Presence of: WSCC DEVELOPMENT,LLC, a Florida
limited liability corporation
a J,Th - / OvaVV S 1
f
fl By 4/& i'/ .lys_
Print Name: t` orclkt �AtLGk
n (N---_____ ,.._ C---: ` Title: �j� tty,
Date: 9 ,2016
Print Name: 2a.:..,01 2a.:..,01 al7-4:1/4.,rk
4
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this 9 day of
rn b , 2016, by Dcz to c32 TOu-Y S-e not as
r(1ctv c of C,),s G C 2,cictoc,rvu v , a on
behalf of said corporation/partnership/limited liability company. Said person (check one) f/
is personally known to me or produced -- as identification.
/01. . MARIANA OVALLE
, c6 e, ' de L.2-- _ -__c_r_e__ __
• " `{ MY COMMISSION#FF123270 Printed Name: `ill c '� Orrc �
\ EXPIRES May 74,2018
Notary Public, State of Florida
(407)398-0153 Florldallotar�SeMce.00m �'
Commission No. r i 9_, 3 02 9
My commission expires: S//V 1 /
10
OCE-16-004 - City_ Center West Orange
GG
CITY"
CITY OF OCOEE, FLORIDA a municipal
corporation of the State of Florida
By: City of Ocoee
By:
Date:
ATTEST:
By:
Deputy Clerk
11
OCE-16-004- City Center West Orange
Exhibit"A"—Legal Description of Project
12
Exhibit"B"-Location Map
13
♦ t:
°-� - Orge County Public Schools
S
�—• —� 445 West Arnsla Street•Orlando,FL 32801.I 129•Phone 407.317.3200•www,ot ps.net
SCHOOL CONCURRENCY DETERMINATION
CONCURRENCY DENIAL LETTER
April 28, 2016
VIA E-MAIL: bargmmaterramaxinc.com
Momtaz Barg
Terra-Max Engineering, Inc
1507 S. Hiawassee Road,
Suite 211
Orlando, FL 32835
ACTION: RECOMMENDATION FOR DENIAL for Application OCE-16-004.
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 ® Preliminary Plat/Site Plan/Functional Equivalent
❑ Amendment or Extension of CEL
Local Government Application#: LS-2015-008
Project Name: City Center West Orange
OCPS Application Date: April 7, 2016
Parcel#(s): 20-22-28-0000-00-021
Requested Units (#): Total: 480 units SF: N/A MF: 480 units
Acreage: +/- 15.84 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
480 multi-family units. A Concurrency Mitigation Agreement(CMA)will be required.
To determine if this project can be approved through mitigation, the Applicant must contact the Office of
Planning &Governmental Relations within fourteen (14) days of this of this letter. The fee to process a CMA
for 480 units is $4,000.00, and the process takes approximately sixty (60) days. Please refer to
Attachment B for additional instructions on how to proceed with entering into a CMA. If you intend to
mitigate, the next step in the application process will be the School Development Review Committee
(SDRC).
This determination expires on October 25. 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.
"Tice Orange County School Board is an equal opportunity
Page 2 of 4
OCE-16-004 Concurrency Denial Letter
This determination is governed by the Amended and Restated Interlocal Agreement for Public School Facility
Planning and Implementation of Concurrency, the provisions of the municipality's adopted Comprehensive
Plan, the Orange County Charter, and the Florida Statutes.
Please contact me at(407) 317-3200 ext. 2002898 or e-mail me at tyrone.smith @ocps.net.
Sincerely,
Tyrone K. Smith,AICP
Senior Administrator
OCPS Planning &Governmental Relations
TKS
Attachments—Attachment A: Detailed Capacity Analysis
Attachment B: CMA Submittal Requirements and Information
Cc: Mike Rumer, City Planner, Planning Department, City of Ocoee(via e-mail)
Project File
"The Orange County School Board is an equal opportunity agency."
Page 3 of 4
OCE-16-004 Concurrency Denial Letter
Attachment A
ORANGE COUNTY PUBLIC SCHOOLS
Planning&Governmental Relations
Concurrency Determination 4/28/2016
Project ID: OCE-16-004 Adj Expires: 10/25/2016
Project Name: City Center West Orange
Number of Unvested Units: Si :le Farm : 0
Muni-F. 480
Number of Vested Units: e F : 0
M
M . 0
School Level Elementary Middle High
CSA U 252
School: Ocoee Ocoee Ocoee
Anal rsis of Existing Conditions ,
School Level Elementary Middle High
CSA Capacity(2015-16) 3,100 1,424 2,777
Enroll 2015-16) 3,077 1,409 2,355
U41'mtion 12015-16) 99.3% 989% 848%
LOS Standard 1100% 10(10% 10(10%,
4j Available Seats 333 15_ 422
Ana of Reserved Capacity
1 Encumbered Capacity 159 39 184
R. Reserved Capacity 0 0 168
V Adjusted Utilization 1041% 101.7% 97.1%
Adjusted Available Seats 173.60 0.00_ 70.42
Analysis of Proposed Development
Students Generated 65.76 2736 3120
Ad. • -. Utilization 1063% 103.8% 98_•
PASS/FAR. PASS FAIL PASS
Number of Seats to Mitigate 0.0 27.4 0.0
CSA U 252
. ,._.. r,..._
Analysis of Existing Cord rdans
School Level Elementary Middle flith
1
CSA Capacity(2015-16) 3,100 1,424 2,777
Enrolment(2015-16) 3,077 1,409 2,355
Utilization 12015-16) 99.3% 989% 848lf
Z. LOS Standard 1100% 1000% 1000%
fi Available Seats 333 15 422
V of Reserved Capacity
A. Encumbered Capacity 204 60 212
3 Reserved Capacity 0 0 168
Adjusted Utilization 105.6% 103.3% 98.2%
Adjusted Available Seats 129 0 42
Analysis of Proposed Development
Students Generated 65.76 27.36 31.20
Ad' •ed Utilization 107.8% 105.5% 993%
PASS/FAIL PASS FAIL PASS
Number of Seats to Mitigate 0.00 27.36 0.00
CARMA 2015-15'
Ocoee ES:
Adjacency is not available;Lakeview MS at 95%LOS
—
Ocoee MS:
(4/1812016)
Ocoee HS:
'The Orange County School Board is an equal opportunity agency"
Page 4 of 4
OCE-16-004 Concurrency Denial Letter
Attachment B
To proceed with entering into a CMA with OCPS and Orange County, please provide the Office of Planning&
Governmental Relations (P&GR)with the following,and initial each item to acknowledge:
1. Written confirmation that Applicant would like to proceed with the CMA must be provided
within sixty(60)days of receipt of the Capacity Encumbrance Letter(CEL).Written confirmation may
be provided via U.S. Mail or via E-Mail.
2. Check made out to Orange County Public Schools for mitigation agreement fee:
CMA Mitigation Agreement Fee
1 to 50 units:$1,500.00 501 to 1000 units:$6,000.00
51 to 200 units:$2,000.00 1001+units:$7,000.00
201 to 500 units:$4,000.00 Additional Fee for DRI Review:$3,000.00
3. Additional Submittal Requirements:
• CEL issued by Orange County
• Agent Authorization(if applicable)
• Certificate of Title,or Ownership and Encumbrance(O&E) Report(issued within 90 days of application)
• Certified legal survey
• GIS(Geographic Information System)shape file matching the legal description based on a certified survey
(on a CD or e-mail)created as a polygon in the following projection plane: NAD 1983 State Plane Florida East
FIPS 0901 Feet.
4. P&GR will provide you with a draft mitigation agreement upon the School Development
Review Committee's(SDRC) recommended approval of the draft agreement terms. Please review and
provide comments within two weeks of receipt of the draft agreement from P&GR.
5. Return three(3)signed originals to P&GR at least two(2)weeks prior to your School Board
hearing date.
6. A check, made out to the Orange County Comptroller, must be provided to P&GR prior to the
School Board hearing date. $10.00 for the first page and $8.50 for each additional page. Indexing-first
four(4) names free and a charge of$1.00 per additional name.
7. CMAs are required to appear on two(2)School Board meeting agendas. Staff is required to
submit materials, including a signed agreement,at least two weeks prior to the meeting date. The
2015 School Board meeting schedule is as follows:
December 8,2015 March 8,2016 June 14,2016 **September 13,2016
January 12,2016 April 12,2016 June 28,2016 September 27,2016
Jae 6,2016 April 26,2016 *July 12,2016 October 11,2016
February 9,2016 May 10,2016 **July 26,2016 October 25,2016
February 23,2016 May 24,2016 August 9,2016 November 8,2016
August 23,2016 November 15,2016
*Tentative/Optional school board meeting-if needed **Budget Public Hearing
8. Board of County Commission (BCC)approval of the CMA is also required. The CMA will be
scheduled on a BCC agenda after School Board approval and execution.
"The Orange County School Board is an equal opportunity agency."