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Item #05 Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 19, 2017 Item # 5 Reviewed By: Contact Name: Michael Rumer Department Director: Contact Number: Ext. 1018 City Manager: Subject: Approval of Eagle Creek of Ocoee School Concurrency Mitigation Agreement between Chevron Land and Development Co., Orange County Public Schools and City of Ocoee (OCE-16-003) Commission District# 1 - Richard Firstner Background Summary: As per Section 16.6 (f) of the Amended Interlocal Agreement for Public School Facility Planning Implementation of Concurrency ("ILA"), the City shall enter into a mitigation agreement with the School Board and the Applicant of the proposed development when the students generated fails to meet the adopted level of service. The applicant submitted a School Concurrency Determination Application and Development Analysis to the Orange County School Board in connection with a proposal to obtain approval for a Preliminary and Final Subdivision Plan in order to develop 173 Residential Units and 80 multi-family Residential Units on the Eagle Creek of Ocoee property. The analysis determined that based on the current adopted Level of Service standards for the School Concurrency Service Areas within the Property and including the anticipated new School Capacity available within the District Facilities Work Program, there is insufficient Available School Capacity at the middle school level. The Concurrency Analysis calculated that all 21.86 students generated will need to be mitigated. The parties agreed to a Proportionate Share Mitigation payment of $455,627.98 to cover the cost of 58 student stations. This payment along with three scheduled impact fee payments of $644,381.00 will keep the capacity reserved for Eagle Creek. Issue: Should the Honorable Mayor and City Commission authorize the Mayor to approve and sign the School Capacity Mitigation Agreement for the Eagle Creek of Ocoee Subdivision, between Chevron Land and Development Co. Applicant, the City of Ocoee, and Orange County Public Schools? Recommendation: Staff recommends the City Commission approve and the Mayor sign the School Concurrency Mitigation Agreement for the Eagle Creek of Ocoee Subdivision, between Chevron Land and Development Co. Applicant, the City of Ocoee, and Orange County Public Schools. Attachments: School Concurrency Mitigation Agreement (OCE-16-003) OCE-16-003 Concurrency Denial Letter with Attachment A Financial Impact: None Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading l Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 After recording return to: Tyrone K.Smith,AICP Orange County Public Schools 6501 Magic Way,Building 200 Orlando,Florida 32809 [SPACE ABOVE THIS LINE FOR RECORDING DATA] SCHOOL CONCURRENCY MITIGATION AGREEMENT OCE-16-003 Eagle Creek of Ocoee 07-22-28-0000-00-001 THIS SCHOOL CONCURRENCY MITIGATION AGREEMENT ("Agreement"), is entered into by THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA a body corporate and political subdivision of the State of Florida, ("School Board"); CITY OF OCOEE,a municipal corporation of the State of Florida, ("City/Town") and CHEVRON LAND AND DEVELOPMENT CO, a Delaware corporation, whose address is P.O. Box 285, Houston, Texas 77001 (the "Applicant"), collectively referred to herein as the "Parties." RECITALS: WHEREAS, the School Board, Orange County, and the municipalities within Orange County have entered into that certain "Amended and Restated Interlocal Agreement For Public School Facility Planning and Implementation of Concurrency" (the "Interlocal Agreement"), and WHEREAS,pursuant to Section 16.6 of the Interlocal Agreement, an applicant submitting a School Concurrency Determination Application for approval of a Site Plan that will generate additional students in a School Concurrency Service Area in which there is insufficient Available School Capacity to accommodate the anticipated additional students must enter into a Proportionate Share Mitigation Agreement to prevent school overcrowding attributable to the anticipated additional students generated by the Residential Development as specified in the Interlocal Agreement; WHEREAS,an Applicant must submit the School Concurrency Determination Application along with a Development Analysis which identifies the proposed location of the Residential Development, the number of Residential Units that will be created, a phasing schedule (if applicable), a map demonstrating land use and zoning classifications for the Applicant's property, as well as all other information required pursuant to Section 16.5 of the Interlocal Agreement, to the County; and WHEREAS, Applicant is the fee simple owner, or authorized agent of the owner, of that certain tract of land, as more particularly described on Exhibit "A," attached hereto and APPROVED 1,,//3/0 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 1 School Board Meeting: Agenda Item: 1.S t? incorporated herein by reference (the "Property"), the location of which is illustrated by a map attached hereto as Exhibit "B," and incorporated herein by reference; and WHEREAS, the Applicant has submitted a School Concurrency Determination Application and Development Analysis to the City in connection with a proposal to obtain approval for a master plan in order to develop 173 single family and 80 multi-family Residential Units on the Property (the "Project") and the City has forwarded the School Concurrency Determination Application and Development Analysis to the School Board; and WHEREAS, the School Board has reviewed and evaluated the Applicant's School Concurrency Determination Application and Development Analysis as required by Section 16.6 of the Interlocal Agreement,and has determined that based on the current adopted Level of Service standards for the School Concurrency Service Areas within which the Property is located and the anticipated new School Capacity that will be available in the first three (3) years of the current District Facilities Work Program to serve the proposed Residential Development, there is insufficient Available School Capacity at the middle school level to serve the new single-family and multi-family Residential Units within the School Concurrency Service Areas for the Project or within adjacent School Concurrency Service Areas as determined by an Adjacency Review;and WHEREAS, approving the School Concurrency Determination Application without requiring Proportionate Share Mitigation for the impacts of the proposed new Residential Units will either create or worsen school overcrowding in the applicable School Concurrency Service Areas; and WHEREAS, the Applicant has agreed to enter into this Agreement with the School Board and County to provide Proportionate Share Mitigation proportionate to the demand for Public School Facilities to be created by the Project, as more particularly set forth herein. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereto, intending to be legally bound, agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated into this Agreement by reference as if fully set forth herein. 2. DEFINITION OF MATERIAL TERMS.Any capitalized terms used herein but not defined shall have the meaning attributed to such term in the Interlocal Agreement. 3. LEGALLY BINDING COMMITMENT. This Agreement constitutes a legally binding commitment by the Applicant to mitigate for the impacts of the new Residential Units for which the Applicant is seeking approval pursuant to the School Concurrency Determination Application and is intended to satisfy the requirements of Florida law and the Orange County Code. 4. PROPORTIONATE SHARE MITIGATION. The Parties hereby agree that the Applicant shall provide Proportionate Share Mitigation in order to meet the demand for School Capacity created by the Project and to provide additional capacity for middle school students, as follows, in accordance with Section 17.2 of the Interlocal Agreement: 2 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 Payment in the amount of FOUR HUNDRED FIFTY FIVE THOUSAND SIX HUNDRED TWENTY SEVEN AND 98/100 DOLLARS ($455,627.98) to cover the Proportionate Share Mitigation associated with providing the necessary capacity to complete the Project (the "Proportionate Share") to the School Board. Such payment shall be due and payable prior to the time the plat for the Property is approved and has been calculated in accordance with the formula found in Section 17.2 of the Interlocal Agreement. To the extent the Applicant's proposed Residential Development is subject to a Capacity Enhancement Agreement,any capacity enhancement mitigation paid pursuant to such agreement was applied as a credit to the Proportionate Share Mitigation required for the Project. Such credit was subtracted from the total Proportionate Share Mitigation required pursuant to the Interlocal Agreement and is reflected in the Proportionate Share required in this Section 4. 5. USE OF PROPORTIONATE SHARE. The School Board shall direct the Proportionate Share to a School Capacity improvement identified in the capital improvement schedule in the five (5) year district work plan of the School Board's District Facilities Work Program which satisfies the demands from the proposed Residential Development. If such a School Capacity improvement does not exist in the District Facilities Work Program, the School Board may, in its sole discretion, add a School Capacity improvement to its District Facilities Work Program to mitigate the impacts from the Project, as provided in Section 17.6 of the Interlocal Agreement. 6. IMPACT FEE CREDIT. The Proportionate Share paid pursuant to this Agreement shall be credited against the School Impact Fee on a dollar for dollar basis at fair market value. The School Board shall notify the City of the amount of the School Impact Fee Credit based upon 58 Equivalent Residential Units (as defined in Section 30-622 of the Orange County Code), currently estimated to be FOUR HUNDRED FIFTY ONE THOUSAND NINE HUNDRED EIGHTY FIVE AND 54/100 DOLLARS ($451,985.54), and shall request a School Impact Fee credit account in such amount upon receipt of the Proportionate Share Mitigation. In the event that the School Impact Fees prepaid by the Applicant exceed the School Impact Fees due pursuant to the School Impact Fee Ordinance, Applicant may request that the excess School Impact Fees be transferred to another project within the jurisdiction where the Project is located. 7. ISSUANCE OF SCHOOL CONCURRENCY RECOMMENDATION. Upon final execution of this Agreement by all Parties hereto, this Agreement will serve as the Applicant's Capacity Encumbrance Letter in accordance with Section 18.7 of the Interlocal Agreement. 8. SCHOOL CAPACITY ENCUMBRANCE AND RESERVATION. Upon final execution of this Agreement by all Parties hereto, this Agreement will serve as the Applicant's Capacity Encumbrance Letter that School Capacity will be available for the Project. This is in accordance with Section 16.6(g) of the Interlocal Agreement. At such time as Applicant has prepaid the School Impact Fees further described in Section 6 of this Agreement,and paid the applicable installment(s)of the School Capacity Reservation Fee described in Section 9 below, School Capacity shall be reserved for the Project Units reflected on the application; if the Applicant fails to make any of the required School Capacity Reservation Fee 3 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 payments described in Paragraph 9 below or if this Agreement is terminated, such reserved School Capacity shall lapse and be returned to the applicable Concurrency Service Area. Applicant may utilize funds available in any School Impact Fee Credit account set up as a result of this Agreement to pay said School Capacity Reservation Fees. 9. CAPACITY RESERVATION FEE. The Applicant shall be required to pay a School Capacity Reservation Fee for the Project in accordance with Section 30-599 of the Orange County Code which School Capacity Reservation Fee may be paid with any School Impact Fee Credit account set up as a result of this Agreement. The Applicant shall pay the School Capacity Reservation Fee further described below. a. Prior to plat approval: $ 664,384.00; and b. 12 months from date of SCRC: $ 664,384.00; and c. 24 months from date of SCRC: $ 664,384.00 (the remaining balance of the SCRC fees). Notwithstanding the schedule provided by this Section, Applicant may prepay any or all of the School Capacity Reservation Fees in advance. School Capacity Reservation Fees paid pursuant to this Agreement shall be credited towards School Impact Fees as provided in Section 30-599 of the County Code. In the event Applicant has an established pre-paid School Impact Fee Account, the School Capacity Reservation Fees may be paid from such School Impact Fee Account. 10. TERMINATION. This Agreement shall terminate and Applicant shall forfeit any administrative fees paid, as well as any capacity encumbered or reserved under the following circumstances, unless the County and the School Board agree to an extension of the Applicant's Certificate of School Concurrency: a. The Applicable Local Government does not approve the Site Plan within one hundred eighty (180) days from approval of the Site Plan by the County's Development Review Committee. In such event, all Proportionate Share Mitigation paid by the Applicant shall be refunded to the Applicant by the School Board. b. The Applicant fails to proceed in good faith in a diligent and timely manner and secure at least one Building Permit for a unit other than a model home within three (3) years of recording of the plat. In such case, this Agreement shall be terminated and any encumbered or reserved school capacity shall be returned to its applicable capacity bank. The Applicant will not be entitled to a refund of any portion of the Proportionate Share Mitigation paid under this Agreement, and will only be entitled to receive a 90% refund of the Capacity Reservation Fee assuming all other applicable conditions are met. 11. COVENANTS RUNNING WITH THE LAND. This Agreement shall be binding, and shall inure to the benefit of the heirs, legal representatives, successors, and assigns of the 4 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 parties, and shall be a covenant running with the Property and be binding upon the successors and assigns of the Owner and upon any person, firm, corporation, or entity who may become the successor in interest to the Property. 12. NOTICES. Any notice delivered with respect to this Agreement shall be in writing and be deemed to be delivered (whether or not actually received) (i) when hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail,return receipt requested, addressed to the person at the address set forth opposite the party's name below, or to such other'address or other person as the party shall have specified by written notice to the other party delivered in accordance herewith: School Board Superintendent 445 West Amelia Street Orlando, Florida 32801 With a Copy to: Facilities Planning 6501 Magic Way, Building 200 Orlando, Florida 32809 Applicant: Greenberg Traurig Attn: Julie Kendig-Schrader, Esq. 450 South Orange Avenue, Suite 650 Orlando, Florida 32801 Owner: Chevron Land and Development Company P.O. Box 285 Houston, Texas 77001 City: Attn: City Planner City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 13. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only. They in no way define, describe, extend or limit the scope or intent of this Agreement. 14. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing,and signed by the party against whom it is asserted.Any such written waiver shall only be applicable to the specific instance to which it relates, and shall not be deemed to be a continuing or future waiver. 15. EXHIBITS. All Exhibits attached hereto are a part of this Agreement and are fully incorporated herein by this reference. 5 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 16. AMENDMENTS. No modification, amendment, or alteration to the terms or conditions contained herein shall be binding upon the parties hereto unless in writing and executed by all the Parties to this Agreement. 17. ASSIGNMENT, TRANSFER OF RIGHTS. The Applicant may assign its rights, obligations and responsibilities under this Agreement to a third-party purchaser of all or any part of fee simple title to the Property;provided,however,that any such assignment shall be in writing and shall require the prior written consent of all of the Parties hereto, which consent shall not be unreasonably withheld, conditioned, or delayed. Such consent may be conditioned upon the receipt by the other parties hereto of the written agreement of the assignee to comply with conditions and procedures to aid in the monitoring and enforcement of the assignee's performance of the Applicant's obligations with regard to Proportionate Share Mitigation under this Agreement. The assignor under such assignment shall furnish the Parties with a copy of the written assignment within ten(10) days of the date of execution of same. 18. COUNTERPARTS. This Agreement may be signed in counterparts, each of which may be deemed an original, and all of which together constitute one and the same agreement. 19. RECORDING OF THIS AGREEMENT. The School Board agrees to record this Agreement,at Applicant's expense,within fourteen(14)days after the Effective Date,in the Public Records of Orange County, Florida. 20. ENTIRE AGREEMENT. This Agreement sets forth the entire agreement among the Parties with respect to the subject matter addressed herein, and it supersedes all prior and contemporaneous negotiations,understandings and agreements,written or oral,among the Parties. 21. SEVERABILITY. If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction,the invalid or unenforceable provision will be stricken from the Agreement,and the balance of the Agreement will remain in full force and effect as long as doing so would not affect the overall purpose or intent of the Agreement. 22. APPLICABLE LAW.This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida and in accordance with the Orange County Code and venue for any action to enforce the provisions of this Agreement shall be in the Ninth Judicial Circuit Court in and for Orange County, Florida. 23. ATTORNEY'S FEES. In the event any party hereto brings an action or proceeding, including any counterclaim,cross-claim,or third party claim,against any other party hereto arising out of this Agreement, each party in such action or proceeding, including appeals therefrom, shall be responsible for its own attorney fees. 24. EFFECTIVE DATE. The effective date of this Agreement shall be the date when the last one of the parties has properly executed this Agreement as determined by the date set forth immediately below their respective signatures (the "Effective Date"). 6 OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17 Signatures on Following Page 7 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their respective duly authorized representatives on the dates set forth below each signature: "SCHOOL BOARD" Signed and sealed in the presence of: THE SCHOOL BOARD OF ORANGE COUNTY,FLORIDA, a body corporate and political subdivision of the State of Florida Prriti I �th2/ B 14° Wil iam E. Suble ' , its Chairman CLUeLriffc,,: r Name: H4✓rellz Pagan Date: '1 c37 (--1 STATE OF FLORIDA ) ) s.s.: COUNTY OF ORANGE ) 11( TrT foregoing instrument was acknowledged before me thisp3� day of J V , 2017, by William E. Sublette, Chairman of The School Board of Orange County, Fldrida, a body corporate and political subdivision of the State of Florida, on behalf of The School Board, who is personally known to me or had produced (type of identification) as identification. Ilk ��� 1II % MARGARITA C.RIVERA I1 s c4 u - 4 ._ ,+ MY COMMISSION#GGOe1ee8 NOTAR ' l : IC OFF + =..P A '?a►,' .0' EXPIRES January 10,2021 -- �'" � Print Name: 1�i ,; .•. 1t/ Commission No.: AFFIX NOTARY STAMP Expires: [ADDITIONAL SIGNATURE PAGES TO FOLLOW] 8 OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17 THE SCHOOL BOARD OF ORANGE COUNTY,FLORIDA, a body corporate Signed and sealed in the presence of: and political subdivision of the State of Florida Vii/✓. AC�,.IAttest- - .�1/ P Ji...,• e: / Al L i Bar e ara M. J `, in , Ed.D. as its irkf Secretary I Superintendent 'rm Name: - s ,h/7/ Dated: 1/81 /W l-7 STATE OF FLORIDA ) ) s.s.. COUNTY OF ORANGE ) 4- T - oregoing instrument was acknowledged before me this 22 % dayof A g g g J� . 1..4 ,2017,by Barbara M. Jenkins,Ed.D. as Secretary and Superintendent of The '11;ool B.il d of Orange County, Florida, a body corporate and political subdivision of the State o lorida, on behalf of The School Board, who is personally known to me or has produced (type o 1'ent --c. 10 - i'enti ication. 1 ,,�I.,N.�.�� SUSAN M.ADAMS Pa _ ' / �� I s • 7 'YP � ; OF - ► ORISA if.,.,'`.�s. MY COMMISSION 4 FF 175149 W._ �.41 EXPIRES:November 9,2018 Print Name Pe ! id ( j ' 'Q0 Bonded Thru Notary Pubic Undestelon Commission No.: AFFIX NOTARY STAMP Expires: Reviewed and approved by Orange County Approved as to form and legality by legal Public School's Chief Facilities Officer counsel to The School Board of Orange County, Florida, exclusively for its use and re iance. Y. it '1Iaka d v rutii John T. A .rris ura L. Kelly, Esq., Staff Attorney III and Chief Facilities Offi•er Executive Officer of Real Estate Date: dayy /1 , 2017 Date: VI) (1 , 2017 9 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 "APPLICANT" Signed and sealed in the presence of: CHEVRON LAND AND DEVELOPMENT COMPANY, a Delaware corporation 0001-0- Iat ' , k, Print Name" ab rne.�li vIel k , By: 11114qt, (l1l i Print Name: 0 5( net L. A,t( OlUitCUS1 rintName: LiS(` Olio0avIGI'l Title: ltta,1 (1;� 0/401) OA/ Date: I fp1 STATE OF TEXAS ) ' r ) s.s.: COUNTY OF Ha Cr,s ) 14, The foregoing }instrument was acknowledged before me this day of 7 (A 2017, by 60ac 'QnCC L . 1-401ol I l as iqeti ES` ci__ Co•-sull4 Qr of Cue U rl9 n A n of a n of b¢.Ve.l Opine cd- (D . , on behalf of the organization. He/she is personally known to me or has produced (type of identification) as identification. 1Agi, JENNIFER SMITH ► / Notary ID#� 125766214 1 g5- 1)4 I Wt My Commission Expires ► i .,��4 May 4,2020 ` Or OTARY ',4 :LIC OF EXAS Print Name: Tel lni- er Srr,;f"1 CommissioQ No.: I S 7e c) I c-i AFFIX NOTARY STAMP Expires: /'la ,/ 9 , A D 4.0 10 OCE-15-003 Eagle Creek of Ocoee CMA_DRAFT_08-03-2016 Signed, sealed and delivered in the "CITY" Presence of: CITY OF OCOEE,FLORIDA, a municipal corporation of the State of Florida By: Print Name: Title: Print Name: Date: , 2017 Print Name: {Corporate Seal} 11 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 Exhibit"A"—Legal Description of Project • CSM. *t'ir'h hman are_..4any Ord,: 5°34.309 • C..sre-rer•Zererence: t:he%:C:rand:rd Ptivicprrent C'o EXHIBIT"A" Tllui portion of the East One Hall(1/2)of the Northwest One Quarter 1/4)and the Wusl One,Halt (112)i i Ulu Nulttleast One Quarter(1/4)lying East of State Riad 437 and South of Fuller's Crass Road of Section 7,Township 22 South,Range 2.13 East,Orange County,Flo:rda-lielhg more partltlllarly descrihetl eis rDIIOIYs': That aertian of S>ecteri 7,Township 22 Soutn, Range 28 I-a;4,Orange County, Flor ea described as follows: Commence at the North 1/4 r Orier of oforese!d SecLiun 7,thence South 01'2235" Wes:along the West line of the Nurthaast La of Section 7 for 30.01 feet:v the South line of:he North 30.00 feel of Se!rtion 7 arc the Souther Right of Way line of Fuier5 Cuss Road as shown or Orange County Bend Protect took Number ber 5,sheets 5 and 8;therce South 99=50'45"East aloi5l bard South line of North 30.80 feet of Lhe Northeast 11. of Sec;t;urr 7 and Southerly alght-of Way Inc for 1280.941eet to rie East Zine of the West 1/7,of Lhe Northeast 1/4 of aforesaid Section 7; thence South Bir41745"West along said East line fo-2431.2S feet to tllo East-West center SecLiuri line;thence South E7°15'0?-"West ulnig call center secton Tile for 1:363.49 fear to the Easterly Riutr.of Way lila of former Stela k as No.4:SI,no>,y known as Ocoee Apcjka Ruud as shown in Road I'.at Book t, Pages Lig through 126 of the Put!c Records of Orange County, Flor:('-a; thence from a tangent bearing of North 17"53.57"West run Northerly along the aforelnentior•.ed EasLcriy Right-of-Way line and the arc of a curve concave Westerly having a radius of 1951.$6 feet thm(iyh v;antral anile of 03'15'25' to a point;thence.cent I c•E Mang said PasLe-ly Night-of Way line the follow r 4 courses; North 36'21'16"West for 510.18 feet;Blame North i50CC'04'west lar 1,088.110 feet: thence North 13°24'56" West for 407,21 feet;thence North 07°331'17" West:or 546.15 feet to the alara-lantlonoi Southerly Right of-Way line of ruIIC!3 Cruss Road; thence morn' 47x51'50" East along Said Southerly Right-elf--Way ine for/41..1G feet;o the Point of Beginning. C9pyris:Irt American told side AsicCYtiun.Air right*rhymed. Timm Thr t oe of lhs FCr'I•:e reteri.er.'r.ALTA tcensr-r.=and ilLTA•ur,nirrrs Iq coOC amrs,rg;is or tl,e dale err MR .II alba JY:!%:re Dr)hihilr:d.karrlllet under icon:a IOOH;;Ire Amen:.! sew Tole -11;e Ran1 n::crnmillrelliCi:1; 6::.'9h RL 11ndtre(r.rsl ;[rr 5 12 OCE-15-003 Eagle Creek of Ocoee CMA_05-18-17 Exhibit "B"-Location Map liderika. t • I l5 rt3 r Y. �.; �aa,ls iiepd - c Co3o., C U CI) u b .e s Q. , 0 Wm0 v U.; ' o 01 f 0 L. - m _Ct e C t i i- •Ip% .1 I ` s�. `' 1, _ �1il_ _ _._• 3aa.11§4adJe� . ' r anuany s�a�ad 4hS O. 'al _l'.• , I 3 - ' � a_ in ,-. 0 — anuat_>�.Jaung c c ,_4 N .o c, c 1` v ar m VI .4 > _1 . • :‘- a _ �.- . t 4' - z t u a .c I I •:o, - U) c w d -. y, _jar . -_Omand pooMaHei Nn �.• _ ../.. " vs O 0 I V Iaw2x w ( ".r CI 1 les o o 01 R CL - al 1 o U ° 1 n o Ln 1 M a, I 0 NNo W I 1 o0N1� LL A 1 1 r n 1 ` I 0 0 0 , 1 d.w C j M 0 aj is 1 oPA`a�oa J a °o a' Z ..OHO ood5 3 -)u4 a a s . Gsov+r<PointW E _ o . 1 41 o of T -- - R`, / 4 ;f A cn C ... Eb 6Z9 peo l ale1S p J:` ~� a ��4jOd a .: 8 4-4 IJ 'sack' l_— - - _v o. a�e�d / ;a81,/ " t tU + moo.n C -lUu • c f' O I re,•. ; , aUeiy Mbill llN -5., E `J N C� y v ,,`yI =r .7 All . em epolam E. . V item O[ J 1 13 OCE-15-003 Eagle Creek of Ocoee CMA 05-18-17 Orange County Public Schools (13,CD 44S west Ameha Street•Orlando,FL.32801.1124•Phone 407 317 3200•wwwaps.net SCHOOL CONCURRENCY DETERMINATION CONCURRENCY DENIAL LETTER April 28, 2016 VIA E-MAIL: kendig(&gtlaw.com Julie Kendig-Schrader, Esq. 450 South Orange Avenue, Suite 650 Orlando, FL 32801 ACTION: RECOMMENDATION FOR DENIAL for Application OCE-16-003. This letter serves as the official concurrency denial letter on behalf of the City of Ocoee by Orange County Public Schools that school capacity for the following development is not available: Type of Development Application ® Master Plan ❑ Amendment or Extension of CEL Local Government Application#: LS-2016-001 Project Name: Eagle Creek of Ocoee OCPS Application Date: April 1, 2016 Parcel #(s): Multiple Parcels Requested Units (#): Total: 253 units SF: 173 units MF: 80 units Acreage: +/- 97.90 acres School Board District: #7 Detailed Capacity Analysis: Attachment A Upon review of the above-named application for School Concurrency Determination, the Office of Planning & Governmental Relations of Orange County Public Schools finds this application is denied based on insufficient school capacity at the affected Concurrency Service Areas (CSA) to support the development of 173 single-family and 80 multi-family units. A Concurrency Mitigation Agreement (CMA) will be required. To determine if this project can be approved through mitigation, the Applicant must contact the Office of Planning & Governmental Relations within fourteen (14) days of this of this letter. The fee to process a CMA for 253 units is $4,000.00, and the process takes approximately sixty (60) days. Please refer to Attachment B for additional instructions on how to proceed with entering into a CMA. If you intend to mitigate, the next step in the application process will be the School Development Review Committee (SDRC). This determination expires on September 28, 2016. In the event this project does not possess a fully executed CMA by the expiration date but still intends to move forward in the development process, the applicant must resubmit the application and application fee to be reevaluated by OCPS. In addition, should the scope of the project change (e.g., modification of unit count and/or unit type), a new determination will be required. "The Orange County School Board is an equal opportunity agency" Page 2 of 4 OCE-16-003 Concurrency Denial Letter This determination is governed by the Amended and Restated Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency, the provisions of the municipality's adopted Comprehensive Plan, the Orange County Charter, and the Florida Statutes. Please contact me at (407) 317-3200 ext. 2002898 or e-mail me at tyrone.smith@ocps.net. Sincerely, Tyrone K. Smith, AICP Senior Administrator OCPS Planning & Governmental Relations TKS Attachments—Attachment A: Detailed Capacity Analysis Attachment B: CMA Submittal Requirements and Information Cc: Mike Rumer, City Planner, Planning Department, City of Ocoee(via e-mail) Project File The Orange County School Board is an equal opportunity agency' Page 3 of 4 OCE-16-003 Concurrency Denial Letter Attachment A ORANGE COUNTY PUBLIC SCHOOLS Planning&Governmental Relations Concurrency Determination 4/28/2016 P ID: OCE-16-003 Ad' Project Name: Eagle Creek of Ocoee Number of Unvested Units: Single Family: 173 Multi-Family: 80 Number of Vested Units: Single Family: 0 Multi-Family 0 Sdtool Level ._u1,.u11,,i018/ Middle IIMIC CSA: U 252 Conditions School Levet 11111=== Middle =111 LIT CSA 5.. 2015-16 3 100 1424 2 777 Enrollment 2015-16 3 077 1409 Utilization 2015-16 99.3% 98.9% ' LOS Standard 110.0% 100.0% =OS ill Available Seats 333 15 5 • - o Reserved , Encumbered Ca, 159 39 184 Reserved Ca,.c 0 0 168 Ad '• Utilization 104.1% 101.796 Ad' :,Available Seats 173.60 0.00 70.42 Students Generated 44.87 2186 2838 Er. .�. ,. n.� r .. :.r PASS/FAIL PASS FAIL PASS Number of Seats to Mit . e 0.0 213 0.0 K' • r -. r , •. . Cprrtjtions School Level Elemerrta Middle EMeraMMI CSA ,•"+a 2015-16 3 100 1424 2 777 Enrollment 2015-1.6 3 077 1 409 2 355 Utilization 2015-16 99.3% 98.9%IIIIIIIIIIIIIMIM LOS Standard 110.0% 100.0% 1000% Available Seats 333 15 422 y • Reserved Ca ,■i 8 Encumbered Ca..c 225 66 215 l' Reserved ,.c 0 0 168 Ad" _• Utilization 106.3% 103.8% 98.'' -.Available Seats 108 0 39 44.87 21.86 28.38 PASS/FAIL PASS FAIL PASS -Number of Seats to Mit:. e 0.00 21.86 0.00 CARMA 2015-16 Spring Lake ES: Updatedto reflect Find FISH from the LOS report 10/22,/15 Ocoee MS: Adjacency is not available;Lakeview MS at 95%LOS (4/18/2016) Ocoee HS: "The Orange County School Board is an equal opportunity agency" Page 4of4 OCE-16-003 Concurrency Denial Letter Attachment B To proceed with entering into a CMA with OCPS and Orange County, please provide the Office of Planning & Governmental Relations (P&GR)with the following, and initial each item to acknowledge: 1. Written confirmation that Applicant would like to proceed with the CMA must be provided within sixty(60) days of receipt of the Capacity Encumbrance Letter(CEL). Written confirmation may be provided via U.S. Mail or via E-Mail. 2. Check made out to Orange County Public Schools for mitigation agreement fee: CMA Mitigation Agreement Fee 1 to 50 units: $1,500.00 501 to 1000 units: $6,000.00 51 to 200 units:$2,000.00 1001+units: $7,000.00 201 to 500 units:$4,000.00 Additional Fee for DRI Review:$3,000.00 3. Additional Submittal Requirements: • CEL issued by Orange County • Agent Authorization(if applicable) • Certificate of Title, or Ownership and Encumbrance (O&E) Report(issued within 90 days of application) • Certified legal survey • GIS(Geographic Information System)shape file matching the legal description based on a certified survey (on a CD or e-mail)created as a polygon in the following projection plane: NAD 1983 State Plane Florida East FIPS 0901 Feet. 4. P&GR will provide you with a draft mitigation agreement upon the School Development Review Committee's (SDRC) recommended approval of the draft agreement terms. Please review and provide comments within two weeks of receipt of the draft agreement from P&GR. 5. Return three(3) signed originals to P&GR at least two (2)weeks prior to your School Board hearing date. 6. A check, made out to the Orange County Comptroller, must be provided to P&GR prior to the School Board hearing date. $10.00 for the first page and $8.50 for each additional page. Indexing-first four(4) names free and a charge of$1.00 per additional name. 7. CMAs are required to appear on two (2) School Board meeting agendas. Staff is required to submit materials, including a signed agreement, at least two weeks prior to the meeting date. The 2015 School Board meeting schedule is as follows: December 8,2015 March 8,2016 June 14,2016 **September 13,2016 January 12,2016 April 12,2016 June 28,2016 September 27,2016 January 26,2016 April 26,2016 *July 12,2016 October 11,2016 February 9,2016 May 10,2016 **July 26,2016 October 25,2016 February 23,201G May 24,2016 August 9,2016 November 8,2016 August 23,2016 November 15,2016 *Tentative/Optional school board meeting-if needed ** Budget Public Hearing 8. Board of County Commission (BCC) approval of the CMA is also required. The CMA will be scheduled on a BCC agenda after School Board approval and execution. "The Orange County School Board is an equal opportunity agency'.