HomeMy WebLinkAboutVI(A) Lake Lotta Center DRI, Notice Of Proposed Change To The Development Of Regional Impact, Case No DRI-2-9-93 Agenda 3-06-2001
Item VI A
• FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0313
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Martha H. Formella, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: February 22, 2001
RE: Lake Lotta Center DRI
Notice of Proposed Change to the Development of Regional Impact
for Extensions, Case No. DRI-2-9-93
On January 26, 1995, the City issued the Development Order for the Lake Lotta Center
Development of Regional Impact ("Lake Lotta Center DRI"). On November 6, 2000, the
Developer filed a Notification of Proposed Change ("NOPC") as amended on January 23,
2001 by an Amended Notification of.Proposed Change ("Amended NOPC"). The Amended
NOPC requests changes to the previously approved Lake Lotta Center DRI to extend the
Phase I buildout date from November 30, 2000 to December 29, 2004 and the Phase II
buildout date from November 30, 2003 to December 29, 2007. When combined with the
previous extension of two years, eleven months, the proposed buildout dates represent
cumulative extensions of just less than seven years. The,Amended NOPC also requests an
extension of the restriction on down zoning, unit density reduction, and intensity reduction.
The current restriction terminates 15 years from the effective date of the Development Order.
Section 380.06 (19)(c), Florida Statutes, provides, in pertinent part, the following:
. . . An extension of the date of buildout, or any phase thereof,
of 5 years or more but less than 7 years shall be presumed not to
create a substantial deviation. These presumptions may be
rebutted by clear and convincing evidence at the public hearing
held by the local government . . . Any extension of the buildout
date of a project or a phase thereof shall automatically extend the
commencement date of the project, the termination date of the
development order, the expiration date of the development of
regional impact, and the phases thereof by a like period of time.
'‘I)
006.209992.1
In accordance.with the above-referenced statutory provision, the requested extensions to the
Phase I and Phase II buildout dates are entitled to a rebuttable presumption of non-substantial
deviation. Pursuant to the Development Order, the Lake Lotta Center DRI is subject to
monitoring and modeling prior to Phase II. The Planning Department has concluded that there
is no basis to rebut the presumption that the requested extensions are a non-substantial
deviation which do not require additional development of regional impact review.
The East Central Florida Regional Planning Council has no objection to the requested
extensions (see Attachment 1). As of the date of this Staff Report, the Department of
Community Affairs has not commented on the Amended NOPC but had no objection to the
original NOPC which purported to request cumulative extensions of six years, eleven months
(see Attachment 2).
On February 13, 2001, the Planning and Zoning Commission found that the requested
extensions constitute a non-substantial deviation which does not require further development of
regional impact review and recommended that the City Commission approve the extension of:
1) the Phase I buildout date to December 29, 2004; 2) the Phase II buildout-date to December
29, 2007; and 3) the restriction on down zoning, unit density reduction, and intensity
reduction to 19 years, 29 days from the effective date of the Development Order for the Lake
Lotta Center DRI. The First Amendment to the Development Order incorporates the
requested extensions [see Attachment 3].
RECOMMENDATION:
It respectfully is recommended that the City Commission find that the requested
extensions constitute a non-substantial deviation which does not require further development of
regional impact review, approve the First Amendment to the Development Order, and
authorize execution thereof by the Mayor and City Clerk.
cc: Russell B. Wagner, AICP, Planning Director
Attachments:
1. Letters from the East Central Florida Regional Planning Council dated
a. January 29, 2001 and
b. December 18, 2000
2. Letter from the Department of Community Affairs dated December 21, 2000
3. First Amendment to the Development Order
4. Public Hearing Advertisements
006.209992.1 -2-
MINUTES OF THE PLANNING AND ZONING COMMISSION
REGULAR MEETING HELD TUESDAY,FEBRUARY 13, 2001
CALL TO ORDER
Chairman Bond called the meeting to order at 7:32 p.m. Following a moment of silent
meditation, Vice Chairman Landefeld led in prayer remembering Member McKey and his
family in the recent death of his mother. Chairman Bond led in the Pledge of Allegiance
to the Flag and declared a quorum to be present.
PRESENT: Chairman Bond, Vice Chairman Landefeld, Members Christoefl, Golden,
Matthys, Rhodus, and West. Also present were Planning Director
Wagner, Assistant City Attorney Cookson, and Deputy City Clerk Green.
ABSENT: Members McKey and Miller.
i/t
S! r
CONSENT AGENDA /
The consent agenda consisted of approval of Item A:
A. Minutes of the Planning and Zoning Conunission. Regular Meeting held on
Wednesday,January 24,2001.
� ...
Member West, seconded by Vice,Chair`man Landefeld, moved to accept the Consent
Agenda as presented. Motion carried
NEW BUSINESS
Planning Director Wag r said Assistant City Attorney Cookson was present to give
the staff reports and answer questions. He said representatives from the developers were
also present to answer questions''
Mr. Cookson explained that he was filling in for Assistant City Attorney Martha
Formella who is ill.
LAKE LOTTA CENTER DRI PUBLIC HEARING
NOTICE OF PROPOSED CHANGE TO THE DEVELOPMENT OF REGIONAL IMPACT FOR
EXTENSIONS- CASE No. DRI-2-9-93
Assistant City Attorney Cookson presented the staff report for the proposed change to
the Lake Lotta Center DRI. On January 26, 1995, the City issued the Development Order
for the Lake Lotta Center DRI. On November 6, 2000, the Developer filed a Notification
of Proposed Change (NOPC) as amended on January 23, 2001, by an Amended
Planning and Zoning Commission Regular Meeting
February 13, 2001
Notification of Proposed Change. The Amended NOPC requests changes to the
previously approved Lake Lotta Center DRI to extend the Phase I buildout date from
November 30, 2000, to December 29, 2004, and the Phase II buildout date from
November 30, 2003, to December 29, 2007. The Amended NOPC also requests an
extension of the restriction on down zoning, unit density reduction, and intensity
reduction. He explained that Florida Statutes provide that extension of the date of
buildout of 5 years or more but less than 7 years shall be presumed not to create a
substantial deviation. He said the NOPC was sent to the East Central Florida Regional
Planning Council and they have no objection to the extension. The Department of
Community of Affairs commented on the original notice, not the amended notice, but had
no objection to the original notice and the notices differed only in the calculation of years.
Mr. Cookson concluded with Staff's recommendation for approval as noted in the staff
report and included in detail in the motion below.
•
The public hearing was opened.
Carol Lindenauer, 863 Hammocks Drive, said the residents of her subdivision support
the extension based on their understanding of the°criteria'jto which the developer must
adhere, but they would like more information about theseriteria set when the original DRI
was approved. •..
Scott Gold, 860 State Road 434, Altamonte Springs, said he represented Lotta GP, a
general partner of Lake Lotta, Ltd.,the owners\of'the property. He said when the property
is sold and developed he would expect/that theCity would require the developer to adhere
to any City codes that are in.effect at the,time of development. It is his understanding that
the property that is directly contiguous to the Hammocks is presently zoned and has
vesting for 77 single family dwellings
•
Planning Director Wagner sai(the Lake Lotta Center DRI was originally approved for
four components: 1) 275,000 square feet of retail space for the large area immediately
across from Mall (40 to 60 acres); 2) north and west of the retail space, single family
homes on larger lots to buffer the Hammocks from the commercial area; 3) across the
street at Clarke and White Road, a development of single family homes with 50 foot lots
(now under construction); and 4) apartments south of the Mall on Highway 50 adjoining
Lake Lotta (also under construction). The two single family residential areas and the
multi-family area were the Phase I portion of Lake Lotta Center and the 275,000 s.f. retail
area is the Phase II portion.
Walt Wagner, 1109 Wineberry Court, Hammocks, asked if there would be a road with
houses on both sides to provide a double lot barrier between the Hammocks and the
commercial development. He said the residents would object to commercial development
2
Planning and Zoning Commission Regular Meeting
February 13, 2001
closer than two lots from their subdivision. Planning Director Wagner said he thought
the area between the commercial development and the Hammocks was wide enough for a
long cul-de-sac and a bay of lots along both sides of a street. He said the single family
portion could be developed now subject to approval of subdivision plans, but the
commercial portion could not be developed until a combined traffic study with the West
Oaks Mall was done as part of their Phase II project.
Karl Sontag, 9802 White Road, said his property is located to the east of the Hammocks
and asked if commercial or residential development is planned for the parcel to the east of
his property on White Road. Mr. Wagner confirmed that is the area scheduled for larger
lot single family development.
The public hearing was closed.
Member Christoefl asked if a new hearing on the entire,,property would be required if
Phase II were not developed by 2007. '
Assistant City Attorney Cookson said if Phase I were completed but Phase II was not
begun by 2007, the entire application process'would have-to be done again if there was a
substantial change. ;;
Scott Gold said the commercial portio-wouldnow be considered "sub-threshold DRI,"
which means a DRI a DRI would,hOt/be needed. 'He said in the unlikely event that Phase
II was not developed by December.29, 2007,`itrwas probable that they would request an
extension and begin the procdsswith'ahearing such as this one. He said the City always
has the final say. /
As had been recommended by Staff,'Vice Chairman Landefeld, seconded by Member
West, moved that Planning and Zoning Commission recommend approval of the Lake
Lotta Center DRI,Notice of Proposed Change to the Development of Regional Impact for
Extensions, Case No. DRI-2-9-93, finding that the requested extensions constitute a non-
substantial deviation which does not require further development of regional impact
review and recommending that the City Commission approve the extension of: 1) the
Phase I buildout date to December 29, 2004; 2) the Phase II buildout date to December
29, 2007; and 3) the restriction on down zoning. unit density reduction, and intensity
reduction to 19 years, 29 days from the effective date of the Development Order for the
Lake Lotta Center DRI. Motion carried 7-0.
•
Planning and Zoning Commission Regular Meeting
February 13, 2001
WEST OAKS MALL DRI (fka Lake Lotta Mall DRI) PUBLIC HEARING
NOTICE OF PROPOSED CHANGE TO THE DEVELOPMENT OF REGIONAL IMPACT FOR
EXTENSIONS, CASE No. DRI-1-9-93
Assistant City Attorney Cookson presented the staff report for the proposed change to
the West Oaks Mall DRI. On January 26, 1995, the City issued the Development Order
for the West Oaks Mall Development of Regional Impact ("West Oaks Mall DRI"). On
• November 17, 2000, the Developer filed a Notification of Proposed Change ("NOPC") as
amended on January 15, 2001, by an Amended Notification of Proposed Change. The
Amended NOPC requests changes to the previously approved West Oaks Mall DRI to
extend the Phase I buildout date from November 30, 2000, to December 29, 2004, and the
Phase II buildout date from November 30, 2003, to December 29, 2007. The Amended
NOPC also requests an extension of the restriction on down zoning, unit density
,
reduction, and intensity reduction. Mr. Cookson pointed,oiit that the extension was
within the 5 year to 7 year time period which carries the presumption not to create a
substantial deviation. The East Central Florida Regional Planing Council has not yet
commented on the change, but had no objection tathe original notice. The Department
of Community Affairs had no objection to the requested`extensions. He concluded with
Staff's recommendation for approval as noted in the staff report and included in detail in
the motion below.
The public hearing was opened. ,As/no 'one wished to speak, the public hearing was
closed. --,
- v
As had been recommendedby:Staff;.Member Matthys, seconded by Vice Chairman
Landefeld, moved that ' anning'and Zoning Commission forward Case No. DRI-1-9-93
to the City Commission'with the recommendation of approval based on the findings that
the requested extensions-constitute'a non-substantial deviation which does not require
further development of regional impact review and recommend that the City Commission
approve the extension of 1) the Phase 1 buildout date to December 29, 2004; 2) the Phase
II buildout date to December 29, 2007; and 3) the restriction on down zoning, unit density
reduction, and intensity reduction to 19 years, 29 days from the effective date of the
Development Order for the West Oaks Mall DRI. Motion carried 7-0.
OLD BUSINESS
None.
OTHER BUSINESS
None.
4
Planning and Zoning Commission Regular Meeting
February 13, 2001
COMMENTS
None.
ADJOURNMENT
The meeting_adjourned at 7:58 p.m. following a motion to adjourn by Vice Chairman
Landefeld and a second by Member West.
Attest: APPROVED:
,,, \
Marian Green, Deputy City Clerk ✓/attond, Chairman
i
f
•
5
_`;:;Fast Central Florida
Y ;f E.GIO N AL.
==RLANNING ;-;
-_�z. UN i • ..
C I L L`,_
+T Chairman/ January 29, 2001 JAN 3 1 2001 ---%
y •
-�
��=�:. �Commissioner •
- ' .;'Randall Morris Mr. Russ Wagner '
L ;'Seminole County Planning Department i
-w 3` . 150 North Lakeshore Drive • - -
- 4 Ocoee, FL 34761-2258
- " ;Vice:Chairman
x>
_.,,r,Welton G.Cadwell
,r -rvCoiiimissioner RE: Notification of a Proposed Change (NOPC) for the Lake Lotta Center
}; -:Lake County DRI Correction Letter (ECFRPC #5222)
zc'=' Dear Mr. Wagner:
.Secretary/Treasurer .
-; 'f, laricy N.-Higgs
= u - Mr. Tom Cloud, the agent for the above referenced DRI, has send a revision to
-•_,; , kCommissioner
• areyord_ County the NOPC which corrects some errors in the previous submittal. The revision
�1X .; ;- ' entails a revised extension for 7 years less 2 days.
gx▪ecutive Director Original Current Proposed Total Extension
- issandra S.Glenn ADA Development Extension Date
`` ' �4'•7-.�-•., analysis Order Date •
1-s ? . =,-"'• s Phase 1 11/31/00 10/31/03 10/31/07 7 years less 2
1.:, "Seivin
-- ;,,,, . g 12/31/97 11/31/00 12/29/04 days
s-f Brevaid-Lake,:-. :;Orange,Osceola, Phase 2 11/31/03 40134106 10/31/10 7 years less 2
s Sern mole and Volusia 12/31/00 11/31/03 12/29/07 days
-- 40,E --counties.
',.•fin•^1:�+,�y,'t. :_,.'-
: h 7:;,•;:;. -_,_ _ The conclusions of our December 18, 2000 letter remain valid (letter attached):
''p "�'" If you have any questions, please give me a call.
:-= ;Y-63;1;N;Wymore
. i 4 Suite 100
- �a .<_.- . Sincerely, - •
- rMalttand, Florida
• " , =32751
•
: ;, w - Cam ., ��\ -
.__. ,• ;Phone Sandra Glenn
.,9,:..�407.623.1075 Executive Director
:>.y ax;407.623.1084
`."''r` Mr. Terry L. James, FDOT
-▪..�..' --- ..-_ Mr. David Marsh, FDOT
-_:;Suncomnc 33m Fax
Mr. Thomas Cloud, Gray, Harris& Robinson
- ``�-`S..- Fax Y
- �' " ==s34.1084 Mr: James Stansbury, FDCA
- ` Ms. Alison Stettner, Orange County Transportation Planning
▪ , c;: Mr. James G. Kattlemann, LDDK&R
1' r`m Mr. Hal Kantor, LDDK&R
=�Ema11• ecfrpc•org .
=- - -- Mr. Paul Rosenthal, Foley & Lardner
▪Y-'--"`:Printed on
� vY'recycled paper
�h'`R.-ice _ i;,:-. •
Fast Central Florida
,f'kEGIONAL . -- ----- ,
IPLANNING - -
t :o_:_- 'U N, C. I L. DEC 2 0 2i;00 .
. December 18, 2000 A
A• l' Mr. Russ Wagner - ' i =
yksCommissioner J=
-.: � Planning Department • •
-'r :_Randall Morris "
. &Seminole County 150 North Lakeshore Drive -
';':5''-• Ocoee, FL 34761-2258 •
Vice chairman RE: Notification of a Proposed Change (NOPC) for the Lake Lotta Center DRI •
1,1-5'7,-7:Wilton G.'Cadwell #5222
-Commissioner
:-•;,: 'Lake-county Dear Mr. Wagner:
`''y Y We have reviewed the referenced NOPC, which was received on November 9,
.f:; retary/Treasurer.
ncy N Higgs 2000. It is our understanding that the only change is to extend the buildout date
'�-:Avcommissioner for Phase 1 and Phase 2 by an additional 4 years on top of the previously
= B[ey_prd`County approved extension of 2 years, eleven months. The following tirneframe
-4,--- - extensions are involved; - .
Executive• director:' Original Current Proposed Total Extension;
r;4anclra S.Glenn ADA Development Extension -
--� =-,,'=-= analysis Order Date - Date
.0 Phase 1' 11/30/00. 10/30/03 10/30/07 6 years eleven
Ar?Serving=: '-
--1:2 0oard,Lake, - - months
- OI4nge;,Osceola, Phase 2 11/30/03 10/30/06 - - 10/30/10 6 years eleven
enuir"ole and.Volusia . months
'�41_ ;= coisntiesL:.-.
' 4= � '--- According to section 380.06(19)(c), F.S., -
41'- 631 N
- � .Wymore
-`-'Suite 100 An extension of the date of buildout of a development, or any phase
ICaftland;Florida - thereof, by 7 or_more years shall be presumed to create a substantial -
-._ .,..':- 32751 deviation subject to.further development-of-regional-impact review. An •
-
x.. =''.. -= =- extension of the date of buiidout, or any phase thereof, of 5 years or more
but less than 7 -years shall be presumed not to create a substantial •
"'`�` deviation. These presumptions may be rebutted by clear and convincing
; .. :e< '-Phone=
�a_z21 evidence at the public hearing -held by the local. government. . An
" "==�-10 .:623.1075.
= --• extension of less than 5 years is not a substantial deviation. For the
�.= Fpx407.623..1084
Y _:,. purpose of calculating when a buiidout, phase or termination date has
•' ; :-1, been exceeded, the time shall be tolled during the pendency of
.: •- • administrative or judicial proceedings relating_to development permits. -
F 4=Suncom 334.1075 Any extension of the buildout date of a project or a phase thereof shall -
7 Suncorn Fax automatically extend the commencement- date. of :the project, the
---<_ = _.:334.1084 termination date of the development order, the expiration date of the -
4 ,_ . development of regional impact, and the phases thereof by a like period
Y .�:: of time.
r� maili eefrpc.org •
•
K;:
- - L.
:11.
•
-.- - Punted on . S -
17'_ie_cycled paper ' - _ -
Accordingly, this proposed change is presumed to not be a substantial
deviation, however this presumption may be rebutted by clear and _ •
convincing evidence. It is our thought that, since the project will be
subject to monitoring and modeling, this extension should be permitted
without attempting to rebut the presumption that additional regional
impacts will be experienced on the roadway network due to this change. •
The development order specifies that if significant and adverse impacts
are expected based on the results of monitoring and modeling, mitigation
must be provided by the developer.
In conclusion, it is our opinion that these proposed changes do not result in an
automatic substantial deviation determination pursuant to the threshold criteria of
. section 380.06(19), Florida Statutes, nor is it expected that it will cause new or
increased.impacts to regional resources or facilities when considered independently
or cumulatively with prior project changes. We therefore do not recommend that this
proposal be submitted for additional regional review by this agency.
•
We appreciate the opportunity to comment on this proposed change. If you have any
questions or if we can be of further assistance, please call Fred Milch of Council staff
at 623-1075.
. Sincerely,
* t ik .
•Sand
Executive Directo
c:_ . 'Mr. Terry L. James, FDOT
Mr. David Marsh, FDOT
Mr. Thomas Cloud, Gray, Harris & Robinson
Mr. James Stansbury, FDCA
Ms. Alison Stettner, Orange County Transportation Planning
• Mr. James G. Kattlemann, LDDK&R
Mr. Hal Kantor, LDDK&R .
Mr. Paul Rosenthal, Foley.& Lardner"
,trb
cic
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH STEVEN M. SEIBERT
Governor Secretary
December 21,2000
Mr.Russell B. Wagner,AICP
Director of Planning
City of Ocoee
150 N Lakeshore Drive ^ J ^^^nU
n � Lr
Ocoee,Florida 34761 L JJ
-
Re: Notice of Proposed Change for Lake Lotta Center
Development of Regional Impact:(ADA-0694-005)
Dear Mr. Wagner:
We have reviewed the Notice of Proposed Change(NOPC)for the Lake Lotta Center
Development of Regional Impact(DRI),which was submitted to the Department on November 8,2000.
The developer has proposed a change to extend the buildout date of the DRI by four years,(October 30,
2007 for phase I and October 30,2010 for phase II)representing a cumulative extension of the buildout
date by six years eleven months. This cumulative extension is therefore,presumed not to create a
substantial deviation pursuant to Section 380.06(19)(c),F.S.
The Department is hereby notifying you pursuant to Section 380.06(19)(f)4.,Florida Statutes,
that we do not have any outstanding objections to the notification of proposed change.
If you have any questions or comments,please call Jim Hodges,Planner IV, or James Stansbury,
Community Program Administrator,in the Bureau of Local Planning at(850)487-4545.
Sincerely,
•2
Bob Cambric,AICP
Growth Management Administrator
BC/jh
cc: Mr.Thomas A. Cloud,Authorized Agent
Mr.Fred Milch,AICP East Central Florida
Regional Planning Council
•
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291 .0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING&COMMUNITY DEVELOPMENT
,ccc nak Rnidovard 2555 Shumard Oak Boulevard
THIS INSTRUMENT WAS PREPARED BY:
MARTHA H.FORMELLA,ESQUIRE
Foley&Lardner
111 North Orange Avenue
Post Office Box 2193
Orlando,FL 32802-2193
FIRST AMENDMENT TO THE DEVELOPMENT ORDER
LAKE LOTTA CENTER DEVELOPMENT OF REGIONAL IMPACT
CITY OF OCOEE,FLORIDA
WHEREAS, Lake Lotta Center is an approved development of regional impact in
accordance with Chapter 380.06, Florida Statues,pursuant to that certain Development Order for
Lake Lotta Center Development of Regional Impact approved January 26, 1995 (the
"Development Order"); and
WHEREAS, in accordance with Section 380.06(19), Florida Statutes, Lake Lotta, Ltd.
(hereinafter referred to as the "Developer"), filed a Notification of Proposed Change to a
Previously Approved Development of Regional Impact (the "NOPC") with the City of Ocoee
(the "City"), the East Central Florida Regional Planning Council (the "ECFRPC") and the
Florida Department of Community Affairs (the "DCA") requesting an amendment to the
Development Order to extend the buildout dates and phasing dates for both phases of the Lake
Lotta Center Project by four (4) years and twenty-nine (29) days (which constitutes a cumulative
extension of six (6)years, eleven(11)months, and twenty-nine(29) days); and
WHEREAS, the City has held any and all required public hearings with due notice and
determined that this Second Amendment does not constitute a substantial deviation within the
meaning of Section 380.06 (19),Florida Statutes; and
WHEREAS, this First Amendment is consistent with applicable local and state
regulations.
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City
Commission of the City of Ocoee,Florida that based upon the findings of fact and conclusions of
law set forth below, the First Amendment to the Lake Lotta Center Development of Regional
Impact (the "First Amendment") is approved pursuant to the Section 380.06, Florida Statutes,
subject to the following amended terms and conditions to which the Developer agrees:
006.210091.1
PART I—FINDINGS OF FACT AND CONCLUSIONS OF LAW
The City Commission of the City of Ocoee,Florida(the"Ocoee City Commission")hereby
makes the following Findings of Fact and Conclusions of Law:
1. The amendment to the Development Order as set forth in the NOPC has been
approved at a duly noticed public hearing.
2. The amendment to the Development Order as set forth in the NOPC is consistent
with the Ocoee Comprehensive Plan, and the Ocoee Land Development Code.
3. The amendment to the Development Order as set forth in the NOPC does not •
constitute a substantial deviation within the meaning of section 380.06(19),Florida Statutes.
PART II—SCOPE OF FIRST AMENDMENT
1. Part II.C.8. is hereby amended to reference December 29, 2004 as the Phase I
buildout date.
•
2. Part III, Paragraph B of the Development Order is hereby deleted in its entirety
and replaced with the following amended Paragraph B:
The Project's phase buildout and final buildout dates, as
established during the review by the City, are as follows: The
phase buildouts will occur on December 29, 2004 for Phase I and
on December 29, 2007 for Phase II. Project buildout will be on
December 29, 2007. The right to develop subject to the terms,
general provisions, and conditions of this Development Order shall
terminate on December 29, 2010. The phase buildout dates as set
forth herein have been extended by 6 years, 11 months, 29 days
after the dates provided in the ADA. Extensions to the phase dates
may be made pursuant to Section 380.06(19), Florida Statutes.
Any further extensions of the phase dates shall be reviewed
cumulatively with the aforementioned extension.
3. Part V of the Development Order is hereby deleted in its entirety and replaced
with the following amended Part V:
This Development of Regional Impact will not be subject to down
zoning, unit density reduction or intensity reduction for a period of
nineteen (19) years 29 days from the effective date of this
Development Order unless: (1) it is demonstrated that (a)
006.210091.1
substantial changes in the conditions underlying the approval of
this Development Order have occurred, or (b) that this
Development Order was based on substantially inaccurate
information provided by the Developer, or (c) that the change is
clearly-established by the City to be essential to the public health,
safety or welfare; or (2) this Development Order is terminated
pursuant to Part III hereof.
4. Except as modified"hereby, all other terms, conditions and obligations of the
Development Order shall remain in full force and effect.
PART III—RECORDING.
Within ten (10) days of this issuance of.this First Amendment, the Developer shall cause
a Notice of Modification of the Development Order to be recorded, at the Developer's expense,
with the Clerk of the Circuit Court of Orange County, Florida, in which the development is
located. This notice shall meet the requirements of Section 380.06(15)(f), Florida Statutes. The
recording of this notice shall not constitute a lien, cloud or encumbrance on the property or actual
or constructive notice of any such lien, cloud or encumbrance.
PART IV—EFFECTIVE DATE
This Second Amendment shall become effective forty-five (45) days after rendition to
DCA.
PART V-SIGNATORIES
ISSUED THIS DAY OF ,2001.
CITY
By: City of Ocoee,Florida
By: .
ATTEST: Mayor
Date:
By:
City Clerk
Print Name
FOR THE USE AND RELIANCE APPROVED BY THE OCOEE CITY
ONLY BY THE CITY OF OCOEE, COMMISSION AT THE REGULAR
FLORIDA. APPROVED AS TO FORM MEETING HELD ON
AND LEGALITY this day of , 2001 UNDER AGENDA ITEM
,.2001 NO.
By:
City Attorney
Print Name
r
DEVELOPER
LAKE LOTTA, LTD,
a Florida limited partnership
By: Lotta GP, Inc. a Florida corporation,
its managing general partner
By:
Name:
Title:
Date:
(corporate seal)
State of
County of
Personally appeared before me, the undersigned authority,
as of Lotta GP, Inc., a Florida corporation, managing general partner
of Lake Lotta, Ltd., a Florida limited partnership. He/She is personally known to me or has
produced as identification and did/did not take an oath.
Witness my hand and official seal this day of 2001.
(Print Name)
Notary Public
Commission No.:
Commission Expires:
• •
Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel SUNDAY, January 28,2001 K4 3
Advertisement
NOTICE OF PUBLIC HEARING
TO CONSIDER A PROPSED CHANGE
TO THE DEVELOPMENT OF -
REGIONAL IMPACT(DRI)
FOR LAKE LOTTA CENTER
NOTICE IS HEREBY GIVEN,pursuant
to Chapter 380,Florida Statutes,that on
February 13,2001 at 7:30 p.m.,or as
soon thereafter as practical, the
OCOEE PLANNING AND ZONING
COMMISSION will hold a PUBLIC
HEARING,in the Commission Chem-
. bars, 150 North Lakeshore Drive,
Ocoee,Florida,to consider en amend-
ment to the Development of Regional l
Impact(DRI)for the LAKE LOTTA CEN-
TER to extend the build-out date.
A copy of the application,legal descrip-
tion,and other nfonnation pertaining to
the proposed DRI amendment may be
examined by the public in the office of
the Ocoee Planning Department,City
Hall, 150 North Lakeshore Drive
Ocoee,Florida,between the hours of
8:00 a.m.-and 5:00 p.m., Monday
through Friday,except legal holidays.
The Ocoee Planning and Zoning Corn- -
mission may continue the public hearing
to other dates and times as they deem
necessary.Any nterested party shall be
advised that the dates,times,and plac-
es of any continuation of this or contin-
ued public hearigs shall be anointed
during the hearing and that no further
notices regarding this.matter will be
published. .
•
Interested parties may appear at the
public hearing and be heard with re-
spect to the DRI amendment.Any per-
son who desires to appeal any decision
made during the public hearing will•
need a record of the proceeding end for
this purpose may need to ensure that a
verbatim record of the proceedings is•
made which includes the testimony end
evidence upon which the appeal is
based.Persons with disataies needing
assistance to participate in any of the
Croceedings should contact-the City
lerk's office 48 hours in advance of the
meeting at(407)905-3105.
JEAN GRAFTON.CITY CLERK,
CITY OF OCOEE •
Sunday,January 28,2001-
0L53711330 JAN.28R001 1
>-4 ' '
Copy of Public Hearing Advertisement
Date Published
- T _ - _, - •
-- -
THURSDAY, JANUARY 18,2001
Advertisement
NOTICE OF PUBLIC HEARING
TO CONSIDER A PROPOSED
CHANGE TO THE
DEVELOPMENT OF
REGIONAL IMPACT(DRO
FOR LAKE LOTTA CENTER
•
NOTICE IS HEREBY GIVEN,pursuant
to Chapter 380,Florida Statutes,that on
March 8,2001 at 7:15 pin,or as soon -
thereafter as practical, the 000EE
CITY COMMISSION tH hold a PUBLIC
HEARING In the Commission Cham-
bers, 150 North Lakeshore Drive,
Ocoee,Florida,tolconsider an amend-
Imp�ecto
(DRI)fora the LAID:LOTTA Regional
TER to extend the bu-out date.
A copy of the apples legal descrip-
tion,and other information pertainifs, to
the DRI amendment may be examined
the public in the office of the Ocoee
Planning Department,City Han, 150
North Lakeshore Drive.Ocoee,Florida,
between the hours of 8:00 a.m.and
5:00 p.m.,Monday through F*iday,ex-
cept legal holidays.
The Ocoee City Commission may con-.
Untie the public hearing to other dates•
and times as they deem necessary.Any
• Interested party shall be advised that
the dates,times and places ofon any c -
-tinuation of this or continued public
heheeanng ashall
d Brat no fwther notices r annoixed don; e-
garding this matter wil be prbiished.:-
Interested parties may appear at the
public heanng end be heard with re-
spect to the DR!amendment My per-
son who desires to appeal any decision
made during the pubic hearing will
need a record of the proeeedrg and for•
this purpose. need b ensure that a
verbatim record the proceedings is
• "made which includes ire testinony and
evidence upon which.the appeal is
based.Persons with drsabojes needing
"assistance to participate In any of the
-proceedings should contact the City
-Clerks office 48 hours in advance of the
meeting at(407)905-3105.--- --
JEAN GRAFTON,• ' - . -_.._.
CITY C OF ROCOEE .
--Thursday,-January 18 2001-
OLS3695352 JAN.18,2001