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HomeMy WebLinkAboutVI(B) West Oaks Mall DRI, Notice Of Proposed Change to the Development Of Regional Impact, Case No. DRI-1-9-93 • Agenda 3-06-2001 • Item VI B • ,. , FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0312 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: West Oaks Mall DRI (formerly known as Lake Lotta Mall DRI) Notice of Proposed Change to the Development of Regional Impact for Extensions, Case No. DRI-1-9-93 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 ("Amended NOPC"). 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. 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. 006.209990.1 • 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 West Oaks Mall 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. As of the date of this Staff Report, the East Central Florida Regional Planning Council has not commented on the Amended NOPC but had no objection to the original NOPC (see Attachment 1). The Department of Community Affairs has no objection to the requested extensions (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 West Oaks Mall DRI. The Second 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 Second Amendment to the Development Order, and authorize execution thereof by the Mayor and City Clerk. cc: Russell B. Wagner, AICP, Planning Director Attachments: 1. Letter from the East Central Florida Regional Planning Council dated December 18, 2000 2. Letter from the Department of Community Affairs dated February 6, 2001 3. Second Amendment to the Development Order 4. Public Hearing Advertisements 006.209990.1 -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. CONSENT AGENDA The consent agenda consisted of approval of Item A:.( ,/2 A. Minutes of the Planning and Zoning Cbmmission�Regular Meeting held on Wednesday,January 24, 2001. \ q J7 Member West seconded by Vice`RChair nan Landefeld moved to accent the Consent Agenda as presented. Motion carried 7-0' NEW BUSINESS tom__ . \'//,‘ �' Planning Director Wagner'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- to which the developer must adhere, but they would like more information about the criteria 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 the City would require the developer to adhere to any City codes that are in.effecttat 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 A } i f Planning Director Wagner said 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. /2 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'ere'odmpleted but Phase II was not begun by 2007, the entire application process would hav\e.to be done again if there was a substantial change. \ ..--- \. Scott Gold said the commercial portion-would`now be considered "sub-threshold DRI," which means a DRI a DRI would not be needed. 'fie said in the unlikely event that Phase II was not developed by December\29,4007,`it;was probable that they would request an extension and begin the procesk vith`a,hearing 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. 3 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 out that the extension was within the 5 year to 7 year time period which carries tlie'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 to-the 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 stafffreport and included in detail in the motion below. The public hearing was opened. As,no.. one wished to speak, the public hearing was /. ' ', closed. .$ / ., As had been recommended,by'Staff,,Member Matthys, seconded by Vice Chairman Landefeld, moved that Planning 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 Pa Bbnd, Chairman _..� / l • 5 :y-Easr Central Florida �, -�- a -,n I ' r::::'REGIONAL ill , , r:`I I I _ lil1 :ii l PLANNING DEC 2 0 2000 --J C O U . N C I L . ��__...._._. __-- _ December 18, 2000 (; T v :r r-� =:- :Chairman/ Mr. Russ Wagner - `=. Commissioner Planning Department • - 5•=- Randall Morris Seminole County 150 North Lakeshore Drive _.. _=- Ocoee, FL 34761-2258 • _ 4Vice Chairman RE: Notification of a Proposed Change (NOPC) for the West Oaks Mall (FKA Welton G.Cadweil Lake Lotta Mall) DRI #5223 - >.Commissioner ;`'___take county Dear Mr. Wagner. "'- We have reviewed the referenced NOPC, which was received on November 20, }Secretary/Treasrer 2000. It is our understanding that the only change is to extend the buildout date :� =-Nancy N. Higgs_commissioner for Phase 1 and Phase 2 by 2 years and twenty-nine days. According to page -_;,3;�Bfevard County 4, lines 35 through 39 of the existing Development Order, any future time !f extensions should be considered in addition to a 2 year 11 month extension from the dates in the original traffic analysis and already incorporated into the "' =Executive Director :_;lam:.- Development Order. Consequently, the following timeframe extensions are Sandra S. Glenn � involved; - � ., • k; Original Current Proposed Total Extension 's'4`~:- Serum + -Brebard,Lake, ADA Development Extension :� '=O, range, Osceola, analysis Order Date Date senunole and Voiusia Phase 1 12/31/97 11/30/00 12/29/02 5 years less 2'days '`,:- ":= counties: Phase 2 12/31/00 11/30/03 12/29/05 5 years less 2 days _-' 631 N.wymore According to section 380.06(19)(c), F.S., • v =_- Suite 100. . 'T-T" =Maitland, Florida • An extension of the date.of buildout of a development, or any phase . -• #'32751• thereof, by 7 or more years shall be presumed to create a substantial deviation subject to further development-of-regional-impact review.- An extension of the date of buildout, or any phase thereof, of 5 years or more `_ Phone but less than 7 years shall be presumed not to create a substantial - -'-'- --- 407.623.1075 deviation. These presumptions may be rebutted by clear and convincing _ 7"ttf=IFax 407:623:1084 evidence at the public hearing held by the local government. An ';== := : extension of less than 5 years is not a substantial deviation. For the purpose of calculating when a buildout, phase or termination date has been exceeded, the time shall be tolled during the pendency of ===�=Suncoin 334.1075 administrative or judicial proceedings relating to development permits. = Suncom Fax Any extension of the buildout date of a project or a phase thereof shall .334.1084 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 =- Email: ecfrpc.org of time: • Printed on - =----:recycled paper • Accordingly, this change is not a substantial deviation and is not subject to further review by this agency. 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, a11. 01 Sandra Glenn Executive Director c: Mr. Terry L. James, FDOT . Mr. David Marsh, FDOT Mr. Thomas Cloud, Gray, Harris & Robinson . Mr. James Stansbury, FDCA . Ms. Allison Stetner, Orange County Transportation Planning Mr. James G..Kattlemann, LDDK&R Mr. Hal Kantor, LDDK&R . Mr.. Paul Rosenthal, Foley & Lardner STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEBSTFVFIVA.'SEIBERT BUSH Governor I- ) February 6, 2001 • F E 8 - $ 2001 Mr. Russell B. Wagner,AICP `�: l:• ti • Director of Planning City of Ocoee 150 N Lakeshore Drive Ocoee,Florida 34761 Re: Notice of Proposed Change for West Oaks Mall Development of Regional Impact:(ADA-0694-004) Dear Mr. Wagner: We have reviewed the Notice of Proposed Change (NOPC) for the West Oaks Center(fka Lake Lotta Mall)Development of Regional Impact(DRI),which was submitted to the Department on January 18,2001. The developer has proposed a change to extend the buildout date of the DRI by four years and 29 days, (December 29,2004 for phase I and December 29, 2007 for phase II) The Department is hereby notifying you pursuant to Section 380.06(19)(04.,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 me or Jim Hodges, Planner IV, in the Bureau of Local Planning at(850) 487-4545. Sincerely, (. :'esigei/CifB. St sb / Community Program Administrator JS/jh cc: Mr.Hal H.Kantor,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 2796 Overseas HichwaY,Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard THIS INSTRUMENT WAS PREPARED BY: HAL H.KANTOR,ESQUIRE Lowndes,Drosdick,Doster,Kantor &Reed,Professional Association 215 North Eola Drive Post Office Box 2809 Orlando,FL 32802-2809 SECOND AMENDMENT TO THE DEVELOPMENT ORDER LAKE LO.TTA_MALL DEVELOPMENT OF REGIONAL IMPACT CITY OF OCOEE,FLORIDA (WEST OAKS MALL) WHEREAS, Lake Lotta Mall (now known as West Oaks Mall) is an approved development of regional impact in accordance with Chapter 380.06, Florida Statues, pursuant to that certain Development Order for Lake Lotta Mall Development of Regional Impact approved January 26, 1995, as amended by that certain First Amendment to the Development Order for Lake Lotta Mall Development of Regional Impact approved on November 11, 1997 (collectively, the"Development Order"); and WHEREAS, in accordance with Section 380.06(19), Florida Statutes, John Bucksbaum, Robert A. Michaels, Bernard Friedman, William J. Rief and Edward G. Geist, as Trustees of the West Oaks Mall Trust dated November 23, 1999 (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 a Second Amendment to the Development Order to extend the buildout dates and phasing dates for both phases of the Lake Lotta Mall 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 Second 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 Second Amendment to the Lake Lotta Mall Development of Regional Impact (the "Second Amendment") is approved pursuant to the Section 380.06, Florida Statutes, subject to the following amended terms and conditions to which the Developer agrees: 006.208262.2 • 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 SECOND 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) 006.208262.2 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 Second 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 , • DEVELOPER WEST OAKS MALL TRUST By: Name: As Trustee* of the West Oaks Mall Trust dated November 23, 1999 Date: * Pursuant to that certain Warranty Deed conveying the West Oaks Mall to the West Oaks Mall Trust as recorded November 24, 1999 in O.R.Book 5888,Page 3323,the-above described Trustee has full power and authority to bind the West Oaks Mall Trust with respect to the matters set forth herein. State of County of Personally appeared before me, the undersigned authority, as Trustee of the West Oaks Mall Trust dated November 23, 1999, a Florida Trust. 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. K13 Advertisement NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED I CHANGE TO THE DEVELOPMENT OF REGIONAL IMPACT(DRI FOR WEST OAKS MALL NOTICE IS HEREBY GIVEN,pursuant to Chapter 380,Florida Statutes,that on February13,2001 at 7:30 p.m.,or as the soon thereafter PLANNING AND ZONING COMMISSION will hold a PUBLIC HEARING,in the Commission Cham— bers, 150 North Lakeshore Drive, Ocoee,Florida,to consider an amend- ment gional • mpacto the(DRI)Development WEST EST OAKS MALL(aka Lake Lotto Mall)to extend the build-out date. A copy of the application,legal descrip- tion,and other information pertaining to the proposed DRI amendment may be examined by the public in the office of the Ocoee Planning Department City Halt,:150.North Lakeshore Drive Ocoee,Florida,between the hours of thrrorg00 h Friday and ep0 ptt le'p.m., al hctdays Monday The Ocoee Planning and Zo' Com- mission may continue the pubcc to other dates and times as they deem necessary.Any Interested party shall be advised that the dates,times,and plac- es of any continuation of this or contin- ued public hearings shall be announced 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 and for. this purpose may need to enure that a verbatim record of the proceedings is made which includes the testrnony and evidence upon which'the appeal is based.Persons with disabilities needing assistance to participate in any of the proceedings should contact the City • Clerk's office 48 hours in advance of the meeting at(407)905-3105. -- JEAN GRAFTON CITY CLERK CITY OF OCOEE • Sunday,January 28,2001 --'- - OLS3711340 - JAN.28,2001 • Copy of Public Hearing Advertisement Date Published Friday,January 19, 2001 Advertisement • `NOTICE OF PUBUC HEARING: •TO CONSIDER A PROPOSED • ' CHANGE TO THE. • • 'DEVELOPMENT OF . -REGIONAL IMPACT(DRI) •FOR WEST OAKS MALL • NOTICE IS HEREBY GIVEN, pursuant to Chapter 380,Flori . da'Statutes,that on March'6, 2001 at 7:15 p.m.,ores soon• thereafter as practical, the •OCOEE CITY COMMISSION • will hold a PUBLIC HEARING In.1M Commission Chambers,' 150•North Lakeshore Drive, Ocoee,Florida,to consider arc` amendment to.the Develop- ment of Regional Impact(DRI) for the WEST.OAKS MALL: (aka Lake Lotta Mall)to extend the build-out date. . Acopyof the apOlication,legal • A, and other Informa- tion pertaining..to the•DRI amendment may be examined • 'bv the pubic in the office of the Ocoee Planning Department, city Hall,150 North Lakeshore Difre,,Ocoee,Florida;between the hours of 8:00 am.end 5:00 p.m`-Monday through Friday, • except legal hoidays._. . • The Ocoee City Commission may oontirtue the public hearing to other dates•and times as they deem necessary.Any In- terested party shall be advised 'that the dates,times,and plac- es d any continuation of this or continued public hearings shall be announced durtng'the hear- ing and that no further notices regarding this matter will be Interested parties may appear at the public hearing and be • heard with respect to the DRI amendment.Any person who desires to appeal any decision made during the public hearing will need a record of the pro- ceeding and for this purpose may need to ensure that a var..' bahm record of the proceedings Is made which indudes'the tes- • timony 'and evidence upon which the appeal is based.Per- sons with disabilities needing assistance to participate In any of the proceedings should con- tact the City Clerk's office 48 hours In advance of the meet-. trig at(407)905-3105. JEAN GRAFTON, CITY CLERK, . ' • • CITY OF OCOEE COR3703632 ' 1l19)01