HomeMy WebLinkAboutOrdinance 95-02
ORDINANCE NO. 95-02
(PROJECT NO. 94-011)
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
REPEALING THE CURRENT LAKE LOTTA POD ZONING AS
APPROVED BY ORDINANCE NO. 88-58 ON NOVEMBER
22, 1988 WITH RESPECT TO CERTAIN REAL PROPERTY
LOCATED NORTH OF S.R. 50, SOUTH OF WHITE ROAD,
EAST OF CLARKE ROAD, AND WEST OF GOOD HOMES
ROAD; REZONING SAID LANDS TO A NEW POD,
PLANNED UNIT DEVELOPMENT; REPEALING THE
CURRENT LAKE LOTTA POD LAND USE PLAN AND
APPROVING A NEW LAND USE PLAN FOR LAKE LOTTA
MALL POD; PROVIDING FOR AND AUTHORIZING THE
REVISION OF THE OFFICIAL CITY ZONING MAP;
REPEALING INCONSISTENT ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the authorized agent of 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 Mall PUD";
and
WHEREAS, pursuant to Section 4-5 of Article IV and
Section 5-9 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 Mall PUD are consistent with the City of Ocoee
Comprehensive Plan as set forth in Ordinance No. 91-28 which was
adopted on 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. 94-011 to PLANNED UNIT
DEVELOPMENT (PUD) DISTRICT, as requested by the Applicant, and in
connection therewith approve the new Lake Lotta Mall 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 Mall 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 Mall 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. Repeal 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 "A" attached hereto and by this
reference made a part hereof (hereinafter
referred to as "the property").
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. Repeal 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.
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
Mall PUD dated December 29, 1994 as revised
thru January 16, 1995, and date stamped as
received by the City on January 20, 1995 and
consisting of the following fourteen (14)
sheets:
Sheet SP 1:
Sheet 2 :
Sheet 3 :
Sheet 4:
Sheet 5 :
Sheet 6 :
Sheet 7:
Sheet 8:
Sheet 9 :
Sheet 10:
Sheet 11:
Sheet 12:
Sheet 13:
Sheet 14:
Land Use Plan
Conceptual Grading and Drainage Plan
Conceptual Utility Plan - Water & Sewer
Conceptual Utility Plan - Power, Gas,
Telephone & Site Lighting
Conceptual Signing & Marking Plan
Conditions of Approval (dated August 26,
1994 as revised thru January 26, 1995)
Sketch to Accompany Legal Description
(as revised thru January 19, 1995)
Heavy Duty Pavement Areas
Tree Removal and Preservation Plan (dated
December 20, 1994)
Conceptual Landscape Development Plan
(dated December 20, 1994)
Conceptual Landscape Detail Sections
(dated December 20, 1994 as revised
thru January 16, 1995)
Conceptual Landscape Entry Enlargement
Development Plans (dated December 20,
1994)
Site Plan with Topography
Proposed Conditions Drainage Map
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 Mall 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 Mall PUD Land Use Plan
3
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.
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. -II This Ordinance shall
become effective on the date that the Development Order for the
Lake Lotta Mall 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.
PASSED AND ADOPTED this 26th day of January, 1995.
APPROVED:
ATTEST:
CITY OF OCOEE,
Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROV~(AS TO FORM AND LEGALITY
this b 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 D
::~EY P:;~RMJ
City Attorney
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EXHIBIT "A"
BEING ALL THAT TRACT OF LAND LYING AND BEING PARTS OF SECTION 21,
TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST QUARTER CORNER OF SECTION 21, TOWNSHIP 22
SOUTH, RANGE 28 EAST; THENCE S 89042'47" W, A DISTANCE OF 1336.77 FEET
TO A POINT BEING THE N.E. CORNER OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21 AND BEING THE POINT OF BEGINNING; THENCE
S 0014'27" W, ALONG THE EAST LINE OF THE N.W. QUARTER OF THE S.E.
QUARTER OF SAID SECTION 21, A DISTANCE OF 1325.27 FEET; THENCE N
89032'59" E ALONG THE NORTH LINE OF TRACT 15, ORLANDO GROVES
ASSOCIATION, LAKE LOTTA GROVES, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK E, PAGE 52, PUBLIC RECORDS, ORANGE COUNTY,
FLORIDA, A DISTANCE OF 90.63 FEET; THENCE S 0014'27" W, A DISTANCE OF
944.21 FEET; THENCE S 89026'02" W ALONG THE SOUTH LINE OF LOT 3, BLOCK
A, SAID PLAT, A DISTANCE OF 180.83 FEET; THENCE S 19055'46" W ALONG THE
WEST LINE OF LOTS 4 THROUGH 7, BLOCK A, SAID PLAT, A DISTANCE OF 343.13
FEET TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY OF STATE ROAD
50, HAVING A 150 FOOT RIGHT OF WAY; THENCE ALONG THE NORTH RIGHT OF
WAY OF STATE ROAD 50 AT A BEARING OF S 89048'09" W, A DISTANCE OF
1106.89 FEET; THENCE N 0002'25" E ALONG THE WEST LINE OF TRACT 6, SAID
PLAT AND ITS NORTHERLY PROLONGATION, A DISTANCE OF 611.73 FEET,
LEAVING THE NORTH RIGHT OF WAY OF STATE ROAD 50; THENCE S 89048 '24"
W ALONG THE SOUTH LINE OF TRACTS 11 AND 12, SAID PLAT, AND ITS
EASTERLY PROLONGATION, A DISTANCE OF 678.03 FEET; THENCE N 0003'23" W
ALONG THE WEST LINE OF TRACT 11, SAID PLAT, A DISTANCE OF 649.15 FEET;
THENCE S 89046'31" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, SECTION 21, A DISTANCE OF 303.32 FEET
INTERSECTING THE EAST RIGHT OF WAY OF CLARKE ROAD HAVING A 100
FOOT RIGHT OF WAY TO A POINT ON A NON-TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A CENTRAL ANGLE
OF 19033'36"; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE TO THE
RIGHT, A DISTANCE OF 406.59 FEET, SAID ARC SUBTENDED BY A CHORD
WHiCH BEARS N 13020'24" E, A DISTANCE OF 404.62 FEET TO THE END OF THE
CURVE; THENCE ALONG SAID IUGHT OF WAY S 66052'48" E, A DISTANCE OF
20.00 FEET TO THE BEGINNING OF A CURVE CONCA VE SOUTHEASTERLY
HAVING A RADIUS OF 1171.00 FEET AND A CENTRAL ANGLE OF 0055'24";
THENCE NORTHERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE TO THE RIGHT, A DISTANCE OF 18.87 FEET, SAID ARC SUBTENDED BY A
CHORD WHICH BEARS N 23034'54" E, A DiSTANCE OF 18.87 FEET TO THE END OF
CURVE; THENCE ALONG THE EASTERLY RIGHT OF WAY OF CLARKE ROAD N
65057'24" W, A DISTANCE OF 20.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1191.00 FEET AND A
(Page 1 of 2)
CENTRAL ANGLE OF 1r29'14"; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY AND THE ARC OF SAID CURVE TO THE RIGHT, A DISTANCE OF 363.50 FEET
SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 32047'13" E, A DISTANCE
OF 362.10 FEET TO THE END OF THE CURVE; THENCE REMAINING ALONG THE
EASTERLY RIGHT OF WAY OF CLARKE ROAD N 41031' 50" E, A DISTANCE OF
501.23 FEET; THENCE S 48028'10" E, A DISTANCE OF 20.00 FEET ALONG SAID
RIGHT OF WAY; THENCE ALONG THE RIGHT OF WAY OF CLARKE ROAD, N
41031 '50" E, A DISTANCE OF 20.00 FEET; THENCE N 48028' 10" W ALONG SAID
RIGHT OF WAY, A DISTANCE OF 20.00 FEET; THENCE ALONG RIGHT OF WAY OF
CLARKE ROAD N 41031 '50" E, A DISTANCE OF 70.59 FEET TO THE BEGINNING OF
A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1291.00 FEET
AND A CENTRAL ANGLE OF 41020'59"; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY AND THE ARC OF SAID CURVE TO THE LEFT, A DISTANCE OF
931.70 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS N 20051 '21" E, A
DISTANCE OF 911.61 FEET TO THE END OF THE CURVE; THENCE ALONG THE
EAST RIGHT OF WAY OF CLARKE ROAD N 0010'51" E, A DISTANCE OF 208.91
FEET; THENCE S 89049'09" E, A DISTANCE OF 955.13 FEET, LEAVING THE EAST
RIGHT OF WAY OF CLARKE ROAD; THENCE S 0004'18" E ALONG THE EAST LINE
OF THE WEST 3/4 OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER, SECTION 21, A DISTANCE OF 878.68 FEET; THENCE N 89042'47" E,
ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER, SECTION 21 A DISTANCE OF 334.19 FEET TO THE POINT OF
BEGINNING.
CONTAINS 130.004 ACRES, MORE OR LESS.
(Page 2 of 2)
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
TAMPA. FLORIDA
-JACKSONVILLE. FLORIDA
TALLAHASSEE. FLORIDA
WEST PALM BEACH. FLORIDA
ORLANDO. FLORIDA 32801
TELEPHONE 14071 4;:!3-7656
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
l\tIEl\10RANDUM
TO: Jean Grafton, City Clerk
FROM:
Paul E. Rosenthal, Esq., City Attorney
~
DATE:
April 10, 1995
RE:
Effective Date of Various Actions Related to
The Lake Lotta Mall and Lake Center DRI's
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 IIIOO, 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
Fonnella 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 R~onal Impact.
as approved on January 26. 1995. The provisions of Part ill(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 ill(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 Develo{)ment of R~onal Impact.
as atlproved on January 26. 1995. The provisions of Part ill(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 ill(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 Januarv 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 ill(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 A&reement-Lake Lotta Mall PUD. approved on Januarv 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.
DeveloQment Aereement-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-Proiect 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: EllisShaprro
Russell Wagner
Montye Beamer
Don Flippen
James ShITa
Janet Resnik
Ken Hooper
Jim Grant
Barry Goodman
Hal Kantor, Esq.
Tom Cloud, Esq.
Martha Formella, Esq.
A:\GRAFTON.MEMI4I1O/951N1GHT TRANSFER OISKIPER:jed
3
TAMPA. FLORIDA
..JACKSONVILLE:. FLORIDA
TALI..AHASSE:E:. FLORIDA
WE:ST PALM BE:ACH. FLORIDA
FOLEY & LARDNER
III NORTH ORANGE: AVE:NUE:. SUITE: 1800
ORLANDO. FLORIDA 32801
TE:LE:PHONE: 14071 423-7656
FACSIMILE: 14071 648-1743
MAILING ADDRE:SS:
POST OFFICE: BOX 2193
ORLANDO. Fl... 32802-2193
MILWAUKE:E:. WISCONSIN
MADISON. WISCONSIN
WASHINGTON. D.C.
ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANDUH
TO:
Russell B. Wagner, Planning Director
FROM:
Martha H. Formella, Esq., Assistant City Attorney
Paul E. Rosenthal, Esq., City Attorney~
April 5, 1995
/U 1+1:
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 (ttDCAn) on January 31, 1995 and DCA received them
on February 1, 1995. nRendi tion n 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 (nFLWACtt). 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 Comprehensive 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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