Appeal of School Concurrency Vested Rights Denial Vested Rights Denial Case: DRCA Bridgewater West Apartments a/k/a Parcel CB-9 Stillwater Crossings and Center Bridge PD

Case: DRCA Project: Bridgewater West Apartment School Concurrency Vested Rights Determination – DRC Appeal Appellant:Alison M. Yurko for Clarcona, Inc. Applicant: Clarcona, Inc. District: 1 Acreage:15.0 gross acres Request:To consider an appeal of a Development Review Committee (DRC) decision from February 10, 2016, to uphold a decision of the Concurrency Management Official (CMO) to deny school concurrency vested rights for 316 multi-family residential dwelling units on parcel Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

VESTED RIGHTS: Legal theory that states that if you have started to develop a parcel and have received certain approvals at the time a new regulation is implemented which would otherwise require you to do something additional in order to develop your property, then, by virtue of the approvals you have received, you should be vested from having to comply with the new regulation in order to complete the development of your property. Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD ORANGE COUNTY CODE Sec Developments entitled to exemption from school concurrency. (4)Common law. Any other project for which there is proof that, as of September 16, 2008: a.A development order has been issued or the county has otherwise taken official action specifically with respect to development of the property; AND b.Extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development have been incurred or there has otherwise been a substantial change in position; AND c.Such obligations, expenses, and changes in position were undertaken by the property owner in good faith reliance on the actions taken by the county; AND d.It would be unfair to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service for public schools as adopted by the comprehensive plan and implemented through the county concurrency management system.

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD FIRST REQUIREMENT in Section (4): As of September 16, 2008, has a development order been issued or has the county otherwise taken official action specifically with respect to development of the Property? Applicant relied upon: ● Approval of PD on 7/27/99 ● Approval of Stillwater Crossings and Centerbridge PD…Development Agreement on 7/27/99 ● Approval of Special Exception on 8/13/02 → EXPIRED on 8/13/07

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD SECOND REQUIREMENT in Section (4): As of September 16, 2008, have extensive obligations or expenses (other than land purchase costs and payment of taxes) including, but not limited to, legal and professional expenses related directly to the development been incurred or has there otherwise been a substantial change in position ? Applicant relied upon: ● Approximately $16 million spent by Bridgewater → Bridgewater spent after applicant acquired property ● Only approximately $39,000 in incidental expenses incurred by applicant over a 9-year period from 1999 to 2008 (≈$4,400/yr) → Extensive? Related directly to development?

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD THIRD REQUIREMENT in Section (4): As of September 16, 2008, were such obligations, expenses, and changes in position undertaken by the property owner in good faith reliance on the actions taken by the county? AGREEMENT REGARDING APF CREDITS November 16, …. nor shall [the applicant] be required to expend monies or incur costs to comply with the terms or conditions of the Development Agreement between Orange County and Bridgewater, recorded at O.R. Book 5805, Page 1483, hereinafter the “Development Agreement.”

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD FOURTH REQUIREMENT in Section (4): Would it be unfair to deny the property owner the opportunity to complete the project based on the project's effects on the levels of service for public schools as adopted by the comprehensive plan and implemented through the county concurrency management system? ● Development not started prior to September 16, 2008 → Development Plan not approved until January 27, 2016

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD CMA / OCPS -Concurrency Mitigation Agreement (“CMA”) approved by OCPS on January 26, Requires proportionate share mitigation for middle school -All affected schools over capacity, but middle school is over LOS standard -Pursuant to Section 18.2(l) of the Interlocal Agreement, the School Board may contest a vested rights determination as provided in our Code.

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD SUMMARY TEST FOR COMMON LAW VESTING NOT MET: ●Only development approval is the Development Agreement, but applicant exempted itself from complying with its terms ● Even if the applicant hadn’t, none of the requisite expenses under the Development Agreement had been spent as of the date applicant acquired the property ● Neither the good faith reliance, nor the requisite commencement of development are present, therefore, the project does not meet the test for common law vesting → Approval of the CMA will ensure that development will not be delayed

Action Requested Uphold the February 10, 2016, decision of the DRC to uphold a decision of the CMO to deny school concurrency vested rights for 316 multi-family dwelling units on parcel Uphold the February 10, 2016, decision of the DRC to uphold a decision of the CMO to deny school concurrency vested rights for 316 multi-family dwelling units on parcel Approve the CMA District 1 District 1

FUTURE DEVELOPMENT CB-9 TOWNHOME/APT. DISTRICT 438 UNITS Master Public Facilities Plan for Stillwater Crossings & Center Bridge PD and Preliminary Subdivision Plan for Center Bridge Parcels : CB-10, CB-20 Orange County, Florida October 27, 1999; REVISED December 20, 1999; REVISED March 15, 2000

Preliminary Subdivision Plan for Stillwater Crossings & Center Bridge P.D. Center Bridge Parcels : CB-8, CB-9, CB-12, CB-13, CB-18, CB-24, CB-25 & CB-26 Orange County, Florida April 4, 2001; REVISED May 14, 2001; REVISED June 15, 2001;REVISED SEPTEMBER 5, 2001

Plat of Summerport Village Center Phase 1 PB 52 PG 8 October 8, 2002

Section 3. Definitions.    Site Plan Approval: a subdivision approval or its functional equivalent under the Land Development Regulations of the Applicable Local Government, for any Residential Development or any phase of a Residential Development, whether single-family or multi- family. The Parties acknowledge that the County and the Municipalities may each have different terms within their individual Land Development Regulations describing this process. Residential Development: any development that is comprised of Residential Units, in whole or in part, for non-transient human habitation, and includes single-family housing and multi- family housing, regardless of whether the Applicable Local Government’s approval procedure for such development is Considered commercial or residential. Residential Unit: any occupied structure or part thereof, which is designed exclusively for human habitation and meets all applicable government requirements for residential use on a continuous basis; i.e., having hot and cold running water and adequate facilities for heating, cooking, sleeping, and the sanitary elimination of wastes. Hotels, motels, and temporary lodging facilities are specifically excluded. Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Sec Definitions.    Residential Development: Any development that is comprised of residential units, in whole or in part, for non-transient human habitation, and includes single-family and multi-family dwelling units, regardless of whether the approval procedure for such development is considered commercial or residential.    Site plan: Site plan shall be the point at which school concurrency is imposed. For multifamily projects this shall mean commercial site plan. For single-family projects, this shall mean preliminary subdivision plan; provided, however, that a capacity reservation certificate shall not be required until prior to plat approval.

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD

Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD Bridgewater West Apartments – a / k / a Parcel CB-9 Stillwater Crossings & Center Bridge PD