HomeMy WebLinkAboutOrdinance 95-03
ORDINANCE NO. 95-03
(PROJECT NO. 94-012)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING THE CURRENT LAKE LOTTA POO ZONING AS
APPROVED BY ORDINANCE NO. 88-58 ON NOVEMBER
22, 1988 WITH RESPECT TO CERTAIN REAL PROPERTY
LOCATED NORTH OF S.R. SO, SOUTH OF WHITE ROAD,
AND BOTH EAST AND WEST OF CLARKE ROAD;
REZONING SAID LANDS TO A NEW POO, PLANNED UNIT
DEVELOPMENT; REPEALING THE CURRENT LAKE LOTTA
POO LAND USE PLAN AND APPROVING A NEW LAND USE
PLAN FOR LAKE LOTTA CENTER POO; PROVIDING FOR
AND AUTHORIZING THE REVISION OF THE OFFICIAL
CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner (the "Applicant") of certain real
property located within the corporate limits of the City of Ocoee,
Florida, as hereinafter described, has applied to the City
Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to rezone said real property to PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT and in connection therewith approve a
land use plan for a proj ect to be constructed on said real
property, said project being known as the "Lake Lotta Center PUD";
and
WHEREAS, pursuant to Section 4 - 5 of Article IV and
Section 5-9.B of Article V of Chapter 180 of the Code of Ordinances
of the City of Ocoee, Florida (the "Ocoee City Code"), the Planning
Director and the Development Review Committee have reviewed and
approved said application and determined that the rezoning
requested by the Applicant and the proposed land use plan for the
Lake Lotta Center PUD are consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28 which was
adopted September 18, 1991, and subsequently amended by Ordinance
No. 94-19 adopted on June 21, 1994 and by Ordinance No. 95-01
adopted on the same date as this Ordinance (the "Ocoee
Comprehensive Plan"); and
WHEREAS, said rezoning and land use plan were scheduled
for study and recommendation by the Planning and Zoning Commission
of the City of Ocoee, Florida (the "Planning and Zoning
Commission"); and
WHEREAS, the Planning and Zoning Commission has reviewed
said zoning application and land use plan for consistency with the
Ocoee Comprehensive Plan and on January 12, 1995 held an advertised
public hearing in connection therewith; and
WHEREAS, following an advertised public hearing, the
Planning and Zoning Commission determined that the rezoning and
land use plan requested by the Applicant are consistent with the
Ocoee Comprehensive Plan and are in the best interest of the City
and recommended to the Ocoee City Commission that it repeal the
existing Planned Unit Development Zoning and Land Use Plan for the
Lake Lotta PUD and rezone said real property which is the subject
of the application in Project No. 94-012 to PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT, as requested by the Applicant, and in
connection therewith approve the new Lake Lotta Center PUD Land Use
Plan, including the Conditions of Approval and waivers set forth
therein; and
WHEREAS, on January 26, 1995, the Ocoee City Commission
held a de novo advertised public hearing with respect to the
proposed rezoning of said real property and the proposed land use
plan for the Lake Lotta Center PUD; and
WHEREAS, the Ocoee City Commission has determined that
the rezoning requested by the Applicant and the proposed land use
plan for the Lake Lotta Center PUD are consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
City Commission in accordance with the procedure set forth in
Section 166.041(3) (a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. Authoritv. The City Commission of the City
of Ocoee has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION TWO. ReDeal of Current Zoninq. Ordinance
No. 88-58, as approved by the Ocoee City Commission on November 22,
1988, is hereby repealed as it relates to the following described
parcel of land located within the corporate limits of the City of
Ocoee, Florida:
See Exhibit II A" attached hereto and by this
reference made a part hereof (hereinafter
referred to as lithe Property").
This Ordinance and Ordinance No. 95-02 repeal Ordinance No. 88-58
in its entirety.
SECTION THREE. Rezoninq. The Property is hereby rezoned
to PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, as defined in the Land
Development Code of the City of Ocoee, subject to the provisions of
Section Five of this Ordinance.
SECTION FOUR. ReDeal of Current Land Use Plan. The
current Lake Lotta PUD Land Use Plan is hereby repealed as it
relates to the Property, said Land Use Plan consisting of the Lake
Lotta Planned Development Preliminary Master Plan dated September
22, 1988, the Lake Lotta P.D. Land Use Summary and the Conditions
of Approval for the Lake Lotta Planned Development, all as set
forth and described in that certain Development Agreement dated
November 22, 1988 between the City of Ocoee, Florida and Lake
Lotta, Ltd., as recorded on June 1, 1989 in Official Records Book
4085, Page 223 of the Public Records of Orange County, Florida.
This Ordinance and Ordinance No. 95-02 repeal the current Lake
Lotta PUD Land Use Plan, as described in this Section Four, in its
entirety.
SECTION FIVE. New Land Use Plan. The following new Land
Use Plan for the Property, including the waivers set forth therein,
is hereby approved, subject to the conditions of approval set forth
therein and further subj ect to a development agreement
incorporating all plans and conditions of approval by reference:
That certain Land Use Plan for the Lake Lotta
Center PUD dated November 1994 as revised thru
January 17, 1995 and date stamped as received
by the City on January 20, 1995 and consisting
of the following cover sheet and five (5 )
additional sheets:
Sheet 1:
Sheet 2:
Sheet 3:
Sheet 4:
Sheet 5:
Cover Sheet for Lake Lotta Center PUD Land Use Plan
PUD Land Use Plan for Parcel 1 & 2
PUD Land Use Plan for Parcel 3 & 4
Conditions of Approval
Conditions of Approval (revised 1/26/95)
Boundary Sketch (revised 1/19/95)
The above described new Land Use Plan is attached hereto as Exhibit
"B" and by this reference made a part hereof (hereinafter referred
to as the "Lake Lotta Center PUD Land Use Plan") .
SECTION SIX. Comprehensive Plan. The Ocoee City
Commission hereby finds the new zoning of the Property as set forth
in Section Three hereof and the Lake Lotta Center PUD Land Use Plan
as set forth in Section Five hereof to be consistent with the Ocoee
Comprehensive Plan, as amended by Ordinance No. 95-01.
SECTION SEVEN. Zoninq Map. The City Clerk is hereby
authorized and directed to revise the Official Zoning Map of the
City of Ocoee in order to incorporate the zoning amendments enacted
by this Ordinance and the Mayor and City Clerk are hereby
authorized to execute said revised Official Zoning Map in
accordance with the provisions of Section 5-1.G of Article V of
Chapter 180 of the Ocoee City Code.
SECTION EIGHT. Inconsistent Ordinances. All ordinances or
parts of ordinances in conflict or inconsistent herewith are hereby
repealed and rescinded.
3
SECTION NINE. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION TEN. Effective Date.~ This Ordinance shall
become effective on the later of (1) the date that the Development
Order for the Lake Lotta Center Development of Regional Impact
becomes effective as provided in Part III (A) thereof, said date
being simultaneous with or subsequent to the effective date of
Ordinance No. 95-01, or (2) the date that Ordinance No. 95-02
becomes effective.
PASSED AND ADOPTED this 26th day of January, 1995.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
(l
Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROV~~AS TO FORM AND LEGALITY
this day of January, 1995.
ADVERTISED JANUARY 15, 1995
READ FIRST TIME JANUARY 17, 1995
READ SECOND TIME AND ADOPTED
AT A SPECIAL MEETING HELD ON
JANUARY 26, 1995, UNDER
AGENDA ITEM NO. III H
FOLEY & LARDNER
~J z. {4j-jJ
City Attorney
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A.U.J ~ 'Po..u.L ~1.cU
~ ~Cl...t\~ tl~ LfwjO-C\S.
By:
C:IWP51 IOOCSIOCOEILOTI AIORD03.REV I Im/95 I DEBBIEH IPER:dh
4
EXHIBIT "A"
(Page 1 of 4)
PARCEL "B"
(Comprised of Parcels 1 and 2)
DESCRIPTION:
That part of Section 21, Township 22 South, Range 28 East, Orange County,
Florida, described as follows:
BEGIN at the Southeast comer of the East 1/4 of the Southwest 1/4 of the
Northwest 1/4 of said Section 21, thence run S 89042'47" W along the South
line of said East 1/4 of the Southwest 1/4 of the Northwest 1/4 for a distance
of 333.18 feet to the Southwest comer thereof; thence run N 00015'09" W
along the West line of said East 1/4 of the Southwest 1/4 of the Northwest
1/4 and the East line of THE HAMMOCK'S, recorded in Plat Book 24,
Pages 49 and 50 of the Public Records of Orange County, Florida, for a
distance of 1108.17 feet to the South line of the North 208.71 feet of said
East 1/4 of the Southwest 1/4 of the Northwest 1/4; thence run
N 89045'04" E along said South line for a distance of 208.71 feet to the East
line of the West 208.71 feet of said East 1/4 of the Southwest 1/4 of the
Northwest 1/4; thence run N 00015'09" W along said East line for a distance
of 178.71 feet to a point on a non-tangent curve concave Northwesterly
having a radius of 375.00 feet and a chord bearing of N 70036'39" E, said
point being on the South Right-of-Way line of White Road (60' RIW);
thence run the following 6 courses along said South Right-of-Way line;
thence run Northeasterly along the arc of said curve through a central angle
of 38016'50" for a distance of 250.55 feet; thence run N 51028' 14" E for a
distance of 68.95 feet to the point of curvature of a curve concave Southerly
having a radius of 135.00 feet; thence run Easterly along the arc of said
curve through a central angle of 68057'52" for a distance of 162.49 feet;
thence run S 59033'54" E for a distance of 95.57 feet to the point of
curvature of a curve concave Northeasterly having a radius of 605.00 feet;
thence run Southeasterly.along the arc of said curve through a central angle
of 30041 '03" for a distance of 324.00 feet; thence run N 89045'04" E for a
distance of 535.58 feet to the West Right-of-Way line of Clarke Road;
thence run the following 13 courses ,,:long said West Right-of-Way line:
thence run S 45002'03" E for a distance of 63.40 feet; thence run
S 000 10'51" W for a distance of 562.45 feet to the point of curvature of a
curve concave Northwesterly having a radius of 1191.00 feet; thence run
EXHIBIT "A"
(Page 2 of 4)
Southwesterly along the arc of said curve through a central angle of
41020'59" for a distance of 859.53 feet; thence run S 41031 '50" W for a
distance of 70.59 feet; thence run N 48028'10" W for a distance of 20.00
feet; thence run S 41031'50" W for a distance of 20.00 feet; thence run
S 48028'10" E for a distance of 20.00 feet; thence run S 41031'50" W for a
distance of 501.23 feet to the point of curvature of a curve concave
Southeasterly having a radius of '1291.00 feet; thence run Southwesterly
along the arc of said curve through a central angle of 17029' 14" for a
distance of 394.03 feet; thence run N 65057'24" W along a radial line for a
distance of 20.00 feet to a point on a curve concave Southeasterly having a
radius of 1311.00 feet and a chord bearing of S 23034'54" W; thence run
Southwesterly along the arc of said curve through a central angle of
00055'24" for a distance of 21.13 feet; thence run S 66052'48" E along a
radial line for a distance of 20.00 feet to a point on a curve concave
Southeasterly having a radius of 1291.00 feet and a chord bearing of
S 13011'36" W; thence run Southwesterly along the arc of said curve through
a central angle of 19051'13" for a distance of 447.34 feet; thence run
S 89046'31" W along the South line of the Northeast 1/4 of the Southwest
1/4 of said Section 21 for a distance of 260.60 feet to the Southwest corner
thereof; thence run N 00009'11" W along the West line of said Northeast 1/4
of the Southwest 1/4 for a distance of 1327.57 feet to the POINT OF
BEGINNING.
Containing 63.936 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
AND
EXHIBIT IIAII
(Page 3 of 4)
PARCEL 3
DESCRIPTION:
That part of Section 21, Township 22 South, Range 28 East, Orange County,
Florida, described as follows:
Commence at the East 1/4 comer of said Section 21; thence run
S 89042'47" W along the South line of the Northeast 1/4 of said Section 21
for a distance of 1670.96 feet; thence run N 00004' 18" W along the East line
of the West 3/4 of the Southwest 1/4 of said Northeast 1/4 of Section 21 for
a distance of 878.68 feet to the POINT OF BEGINNING; thence continue
N 00004'18" W along said East line for a distance of 407.16 feet to the
South Right-of-Way line of White Road; thence run S 89042'35." W along
said South Right-of-Way line for a distance of 908.37 feet to the East Right-
of-Way line of Clarke Road; thence run S 44056'43" W along said East
Right-of-Way line for a distance of 63.90 feet; thence run S 00010'51" W
along said East Right-of-Way line for a distance of 354.31 feet; thence run
S 89049'09" E for a distance of 955.13 feet to the POINT OF BEGINNING.
Containing 8.810 acres more or less and being subject to any rights-of-way,
restrictions and easements of record.
..
AND
EXHIBIT "A"
(Page 4 of 4)
PARCEL 4
DESCRIPTION:
That part of Section 21, Township 22 South, Range 28 East, Orange County,
Florida and ORLANDO GROVES ASSOCIATION, LAKE LOTTA
GROVES, as recorded in Plat Book "E", Page 52 of the Public Records of
Orange County, Florida, being described as follows:
Commence at the East 114 comer of said Section 21, thence run
S 89042'47" W along the South line of the Northeast 114 of said Section 21,
for a distance of 1336.77 feet to the Northeast comer of the Northwest 114 of
the Southeast 1/4 of said Section 21,- thence run S 00014'27" W along the
East line of said Northwest 114 of the Southeast 1/4 for a distance of 1325.27
feet; thence run N 89032'59" E along the North line of Tracts 15, 16 and 17
of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA GROVES
for a distance of 90.63 feet to the POINT OF BEGINNING; thence continue
N 89032'59" E along said North line for a distance of 1226.53 feet to the
Northeast comer of said Tract 17; thence run S 00026'33" W along the East
line of said Tract 17 and the Southerly prolongation thereof for a distance of
941.78 feet to fue Easterly prolongation of the South line of Lot 3, Block
"A" of said ORLANDO GROVES ASSOCIATION, LAKE LOTTA
GROVES; thence run S 89026'02'~ W along said South line of Lot 3, Block
"A" and the Easterly prolongation for a distance of 1223.25 feet to a point
which lies N 89026'02" E, a distance of 180.83 feet distant from the
Southwest comer of said Lot 3, Blbck "A"; thence run N 00014'27" E for a
distance of 944.21 feet to the POINT OF BEGINNING.
Containing 26.514 acres more or less and being subject to any rights-of-way,
re.strictions and easements of record.
THE ABOVE DESCRIBED PROPERTY CONSISTING OF PARCELS B, 3 AND 4 TOTALING
99.26 ACRES, MORE OR LESS.
FOLEY & LARDNER
TAMPA. FLORIDA
JACKSONVILLE. FLORIDA
TALLAHASSEE. FLORIDA
WEST PALM BEACH. FLORIDA
III NORTH ORANGE AVENUE. SUITE IBOO
ORLANDO. FLORI DA 32801
TELEPHONE 14071 4;23-7656
FACSIMILE 14071 648-1743
MAILING ADDRESS:
POST OFFICE BOX 2193
ORLANDO. FL. 32802-2193
MILWAUKEE. WISCONSIN
MADISON. WISCONSIN
WASHINGTON. D.C.
ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
:MEl\10RANDUM
TO: Jean Grafton, City Clerk
FROM:
Paul E. Rosenthal, Esq., City Attorney
~
DATE:
April 10, 1995
Effective Date of Various Actions Related to
The Lake Lotta Mall and Lake Center DRI's
RE:
On January 26, 1995, the City Commission held a Special Meeting at which time
it considered various actions related to the Lake Lotta Mall and Lake Center DRI's. Agenda
Items III(B) through III(I), inclusive, involved certain actions which the City Commission made
contingent upon subsequent events. These subsequent events related to the period of time
allowed for review by the Department of Community Affairs ("DCA") and for the filing of
appeals of the City Commission actions.
Attached hereto is a copy of a Memorandum dated April 5, 1995 from Martha
Formella to Russ Wagner which sets forth the various timeframes with respect to which the
DRI's and Comprehensive Plan Amendments will become effective. As indicated therein, the
appeal period to challenge the Development Orders for the Lake Lotta Mall and Lake Lotta
Center Developments of Regional Impact ended on March 18, 1995. The appeal period for
challenging the Comprehensive Plan Amendments adopted by Ordinance No. 95-01 ended on
April 6, 1995. We have been verbally advised by the Department of Community Affairs that
no appeal has been fIled with respect to any of the foregoing actions. As a result, on April 7,
1995 the DCA Notice of Intent to Find the City of Ocoee Comprehensive Plan Amendment In
Compliance, as published on March 16, 1995, became a fmal order which found City of Ocoee
Comprehensive Plan Amendment Numbers CPA-I-9-93 and CPA-2-9-93 to be in compliance
in accordance with Section 163.3184, Florida Statutes. Set forth below is a brief discussion.
Ordinance No. 95-01. adopted January 26. 1995. This Ordinance adopted the
comprehensive plan amendments required for the City Commission to approve the DRI
Development Orders. Section 7 of Ordinance No. 95-01 provided that the Ordinance would
become effective upon the issuance by the DCA of a fmal order fmding the comprehensive plan
amendments to be in compliance and the approval by the City Commission of Development
Orders for the Lake Lotta Mall and Lake Lotta Center Developments of Regional Impact. As
indicated above, all contingencies to Ordinance No. 95-01 becoming effective were satisfied on
April 7, 1995 and such date is the Effective Date of Ordinance No. 95-01.
Development Order for Lake Lotta Mall Development of Re~ional ImDact.
as approved on January 26. 1995. The provisions of Part ITI(A) of this Development Order
provided that the effectiveness would be stayed by the filing of an appeal within 45 days after
rendition. As indicated above, no such appeal was taken. However, Part ITI(A) also provided
that this Development Order would not become effective until Ordinance No. 95-01 became
effective. As indicated above, Ordinance No. 95-01 became effective on April 7, 1995.
Accordingly, the Development Order for the Lake Lotta Mall DR! became effective and
authorized development pursuant to the terms thereof on April 7, 1995.
Development Order for Lake Lotta Center Development of Re!!ional Impact.
as approved on January 26. 1995. The provisions of Part ITI(A) of this Development Order
provided that the effectiveness would be stayed by the filing of an appeal within 45 days after
rendition. As indicated above, no such appeal was taken. However, Part ITI(A) also provided
that this Development Order would not become effective until Ordinance No. 95-01 became
effective. As indicated above, Ordinance No. 95-01 became effective on April 7, 1995.
Accordingly, the Development Order for the Lake Lotta Center DR! became effective and
authorized development pursuant to the terms thereof on April 7, 1995.
Ordinance No. 95-02. adopted on January 26.1995. This Ordinance approved
the Lake Lotta Mall PUD, including the Land Use Plan and Conditions of Approval. Section
Ten of Ordinance No. 95-02 provided that it would become effective on the date that the Lake
Lotta Mall DR! became effective as provided in Part ITI(A) thereof. As indicated above, the
Lake Lotta Mall DR! has become effective and, accordingly, the Effective Date of Ordinance
No. 95-02 is April 7, 1995. The City Clerk should note for her records that Ordinance No. 88-
58 was repealed by this Ordinance. Further, Section Seven of this Ordinance directs the City
Clerk to revise the Official City Zoning Map.
Ordinance No. 95-03. adopted on January 26. 1995. This Ordinance approved
the Lake Lotta Center PUD, including the Land Use Plan and Conditions of Approval. Section
Ten of Ordinance No. 95-03 provided that it would become effective on the later of the date that
the Development Order for the Lake Lotta Center DR! became effective, or the date that
Ordinance No. 95-02 became effective. Both of these events occurred on April 7, 1995.
Accordingly, the Effective Date of Ordinance No. 95-03 is April 7, 1995. The City Clerk
should note for her records that Ordinance No. 88-58 was repealed by this Ordinance. Further,
Section Seven of this Ordinance directs the City Clerk to revise the Official City Zoning Map.
Development A2l"eement-Lake Lotta Mall PUD. allproved on January 26.
1995. The provisions of Section 18 of this Development Agreement provided that its Effective
Date would be the date that Ordinance No. 95-02 became effective and that the recording of this
Development Agreement would be conclusive evidence that Ordinance No. 95-02 became
effective. As a result, the Effective Date of this Development Agreement is April 7, 1995. The
City Attorney has proceeded to record this Development Agreement in the Public Records of
Orange County, Florida in order evidence that it has become effective.
Development A~eement-Lake Lotta Center PUD. The provisions of Section
18 of this Development Agreement provided that its Effective Date would be the date that
Ordinance No. 95-03 became effective and that the recording of this Development Agreement
would be conclusive evidence that Ordinance No. 95-03 became effective. As a result, the
Effective Date of this Development Agreement is April 7, 1995. The City Attorney has
proceeded to record this Development Agreement in the Public Records of Orange County,
Florida in order evidence that it has become effective.
Lake Lotta Mall PUD Preliminary Subdivision Plan/Site Plan-Project No. 94-
011. The City Commission on January 26, 1995 approved the Lake Lotta Mall PUD
Preliminary Subdivision Plan/Site Plan subject to certain contingencies being satisfied. These
contingencies related to the other items discussed in this memorandum. All such contingencies
were fully satisfied on April 7, 1995. As a result, the approval date for said Plans is April 7,
1995.
Issuance of Development Permits. As a result of the items set forth above
becoming effective, the City may now issue development permits for the Lake Lotta Mall PUD
and the Lake Lotta Center PUD, such development permits including any building permits,
zoning permits, subdivision approvals and other approvals having the effect of permitting the
development of land. All such development permits must be consistent with the approvals set
forth above.
cc: Ellis Shapiro
Russell Wagner
Montye Beamer
Don Flippen
James Shira
Janet Resnik
Ken Hooper
Jim Grant
Barry Goodman
Hal Kantor, Esq.
Tom Cloud, Esq.
Martha Formella, Esq.
A:\GRAFTONMEM 14110195 INlGIrr TRANSFER DISK IPER:jcd
3
TAMPA. F"LORIDA
..JACKSONVILLE. F"LORrDA
TALLAHASSEE. F"LORIDA
WEST PAI..M BEACH. F"LORIDA
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FLORIDA 32801
TELEPHONE 14071 423-7656
F"ACSIMrLE 14071 648-1743
MAILING ADDRESS:
POST OF"F'ICE BOX 2193
ORLANDO. F"L. 32802-2193
MILWAUKEE. WISCONSIN
MADISON. WISCONSIN
WASHINGTON. D.C.
ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANDUM
TO:
Russell B. Wagner, Planning Director
Martha H. Formella, Esq., Assistant City Attorney /t{ff~
Paul E. Rosenthal, Esq., City Attorney~
April 5, 1995
FROM:
THROUGH:
DATE:
RE:
Lake Lotta Mall and Center
The City of Ocoee transmitted the adopted Development
Orders for both the Mall and the Center to the Department of
Community Affairs ("DCA") on January 31, 1995 and DCA received them
on February 1, 1995. "Rendition" means issuance of a written
development order and transmittal of a certified completed copy of
the Development Orders. FAC Rule 9J-2.025(5). Within 45 days of
rendition, the owner, developer, or DCA may appeal by filing a
Notice of Appeal with the Florida Land and Water Adjudicatory
Commission ("FLWAC"). Even assuming the most conservative
interpretation (i.e. rendition means received), the appeal period
for the Development Order ended on March 18, 1995. I confirmed
with the FLWAC Clerk that no Notice of Appeal was filed.
Therefore, the Development Orders are final. Both Development
Orders include a provision which stays their effectiveness until
the concurrent Comprehensive Plan Amendments become effective.
DCA published their Notice of Intent to Find the City of
Ocoee Comprehensive Plan Amendment In Compliance on March 16, 1995.
An affected party must file a petition with the Agency Clerk within
21/ days of publication of the Notice of Intent in order to
challenge the compliance determination. Fla. stat. S 163,3184(9).
If a petition is not tiled by April 6, 1995, the Notice. of Intent
becomes final agency action and the Comprehensive Plan Amendments
become effective. Fla. stat. SS 163.3184(9), 163.3189(2) (a),
120.57(1). On April 7, 1995, we will confirm with the DCA Clerk
that no petition has been filed and advise you regarding the
effectiveness of the Comprehensive Plan Amendments.
Upon the Comprehensi ve Plan Amendments becoming
effective, the City then will be in a position to issue local
development orders, including building permits. On Thursday, Paul
Rosenthal will coordinate with the City Clerk regarding the
documents to be recorded.
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