HomeMy WebLinkAboutOrdinance 95-01
ORDINANCE NO. 95-01
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE OCOEE COMPREHENSIVE PLAN AS
ADOPTED ON SEPTEMBER 18, 1991 BY ORDINANCE NO.
91-28, AS AMENDED, AS FOLLOWS: AMENDING
FIGURE 2 OF THE FUTURE LAND USE ELEMENT TO
CHANGE THE FUTURE LAND USE DESIGNATION FROM
LOW DENSITY RESIDENTIAL, MEDIUM DENSITY
RESIDENTIAL, AND HIGH DENSITY RESIDENTIAL TO
COMMERCIAL FOR THE LANDS WHICH ARE PART OF THE
LAKE LOTTA MALL DEVELOPMENT OF REGIONAL
IMPACT; AMENDING FIGURE 2 OF THE FUTURE LAND
USE ELEMENT TO CHANGE THE FUTURE LAND USE
DESIGNATION FROM LOW DENSITY RESIDENTIAL AND
HIGH DENSITY RESIDENTIAL TO COMMERCIAL FOR THE
LANDS WHICH ARE PART OF THE LAKE LOTTA CENTER
DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Findinqs. PurDose. and Intent. In adopting
this Ordinance, the City commission hereby makes, expresses, and
incorporates the following findings, purposes, and intent:
a. On september 18, 1991, the City commission of
the City of Ocoee ("City Commission") adopted a new
comprehensive plan pursuant to Chapter 163, Florida
statutes, by adopting Ordinance No. 91-28, which was
subsequently amended by Ordinance No. 94-19 adopted on
June 21, 1994 ("the Ocoee Comprehensive Plan").
b. On or about August 31, 1993, Homart Development
Co., a Delaware corporation ("Homart"), submi tted an
Application for Development Approval for a Development of
Regional Impact known as the Lake Lotta Mall DRI.
c. The Lake Lotta Mall DRI requires an amendment
to the Ocoee Comprehensive Plan to change the future land
use designation of certain lands located within the
corporate limits of the City totaling 118.1 acres from
Low Density Residential (20.4 acres), Medium Density
Residential (37.3 acres), and High Density Residential
(60.4 acres) to Commercial ("Amendment No. CPA-1-9-93").
d. On or about September 21, 1993, Lake Lotta,
Ltd., a Florida limited partnership ("Lake Lotta"),
submitted an Application for Development Approval for a
Development of Regional Impact known as the Lake Lotta
Center DRI.
e. The Lake Lotta Center DRI requires an amendment
to the Ocoee Comprehensive Plan to change the future land
use designation of certain lands located wi thin the
corporate limits of the City totaling 35 acres from Low
Density Residential (15 acres) and High Density
Residential (20 acres) to Commercial ("Amendment No. CPA-
2-9-93").
f. As explained above, Amendment Nos. CPA-1-9-93
and CPA-2-9-93, which are the subject of this Ordinance,
are directly related to the Lake Lotta Mall DRI and Lake
Lotta Center DRI, respectively.
g. On May 12, 1994, the City of Ocoee Local
Planning Agency ("LPA") held an advertised public hearing
and recommended transmittal of Amendment Nos. CPA-1-9-93
and CPA-2-9-93 to the Florida Department of Community
Affairs ("DCA").
h. On May 26, 1994, the City commission held an
advertised public hearing and approved transmittal of
Amendment Nos. CPA-1-9-93 and CPA-2-9-93 to the DCA.
i. On August 15, 1994, the city received DCA' s
Objections, Recommendations, and Comments Report (the
"ORC Report").
j. On January 26, 1995, the City Commission held
an advertised adoption public hearing with respect to
Amendment Nos. CPA-1-9-93 and CPA-2-9-93.
k. The city has analyzed the comments set forth in
the ORC Report and prepared a response to the ORC Report.
At the above referenced public hearing held on January
26, 1995 the City commission approved a response to the
ORC Report and directed that such response be forwarded
to the DCA.
1. All required public hearings have been held
after due public notice in accordance with Chapter 163,
Florida statutes, Chapter 9J-11, Florida Administrative
Code, and Section 1-8 of Article I of the City of Ocoee
Land Development Code.
SECTION 2. 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, Chapters
163 and 166, Florida Statutes, and Section 1-8 of Article I of the
city of Ocoee Land Development Code.
3
SECTION 3. Amendment No. CPA-1-9-93. The Ocoee
Comprehensive Plan is hereby amended as follows: Figure 2 of the
Future Land Use Element of the Ocoee Comprehensive Plan is hereby
amended by changing the Future Land Use Designation from Low
Density Residential (20.4 acres), Medium Density Residential (37.3
acres), and High Density Residential (60.4 acres) to Commercial for
certain lands located within the corporate limits of the City as
depicted in Exhibit "A" attached hereto and by this reference
incorporated herein. Exhibit "A" hereto identifies the current
Future Land Use Designations of said lands as "city of Ocoee's
Future Land Use Map (2010)" and the new Future Land Use Designation
approved by this Ordinance as "Proposed Change to the Future Land
Use Plan".
SECTION 4. Amendment No. CPA-2-9-93. The Ocoee
Comprehensive Plan is hereby amended as follows: Figure 2 of the
Future Land Use Element of the Ocoee Comprehensive Plan is hereby
amended by changing the Future Land Use Designation from Low
Density Residential (15 acres) and High Density Residential (20
acres) to Commercial for certain lands located within the corporate
limits of the City as depicted in Exhibit "B" attached hereto and
by this reference incorporated herein. Exhibit "B" hereto
identifies the current Future Land Use Designations of said lands
as "City of Ocoee's Future Land Use Map (2010)" and the new Future
Land Use Designation approved by this Ordinance as "Proposed Change
to the Future Land Use Plan".
4
SECTION s. Authority of city plannina Director to Amend
Fiaure 2.
The City Planning Director is hereby authorized and
directed to amend Figure 2 of the Future Land Use Element
consistent with Exhibits "A" and liB" attached hereto and
incorporated herein by reference and in accordance with the
provisions of this Ordinance.
SECTION 6. 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 7. Effective Date. This Ordinance shall become
effective on the date that all of the following events have
occurred:
a) the Florida Department of community Affairs or
Administration Commission has issued a final order finding
Amendment Nos. CPA-1-9-93 and CPA-2-9-93 as set forth in this
Ordinance to be in compliance in accordance with Section 163.3184,
Florida Statutes, whichever occurs earlier; b) the city commission
has approved a Development Order for the Lake Lotta Mall
Development of Regional Impact; and c) the City commission has
approved a Development Order for the Lake Lotta Center Development
of Regional Impact. No development order, development permits, or
land uses dependent on these amendments may be issued or commence
before the effective date of this Ordinance, except that such
development orders or development permits approved concurrent with
5
Amendment Nos.
CPA-1-9-93 or CPA-2-9-93
(which amendments
constitute Development of Regional Impact related comprehensive
plan amendments) may be issued so long as such development orders
or development permits state that they do not become effective or
authorize development until the relevant comprehensive plan
amendment becomes effective as defined in Section 163.3189 (2) ,
Florida Statutes. If a final order of noncompliance is issued by
the Administration Commission, this Ordinance and Amendment Nos.
CPA-1-9-93 and CPA-2-9-93 may nevertheless be made effective by
adoption by the City Commission of a resolution affirming the
effective status, a copy of which shall be sent to the Department
of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED this 26th day of January, 1995.
APPROVED:
Clerk
::~ OF OCOEE~ORIDA
S. Scott Vandergrift
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPRO~9 AS TO FORM AND LEGALITY
this ~ day of January, 1995.
ADVERTISED JANUARY 19, 1995
READ FIRST TIME AND ADOPTED
AT A SPECIAL MEETING HELD ON
JANUARY 26, 1995 UNDER
AGENDA ITEM NO. III B.
::~EY CQr 4itO
City Attorney
A:\CPAORD.REV\lm/95ILAKE LO'ITA (DISK MHF)IPER:dp
· J.IJJL .J).. ~ ~ ola:J:L, ~ 4/- - 7 . 95 A.U.,)
'Po...u.L ~14J a.J::;t~
;tUhMYl.,~ tia../:uJ..J ~ /~,lqqS
6
-
""
LAKE LOTTA MALL
Case Number CPA-1-9-93
c
Exhibit A
City of Ocoee's Future Land Use Map (2010)
Proposed Change to the Future Land Use Map
o
AREA OF PROpOSED CHANGE
P'flOf'CSSIOU"1.. s~C[
~~
.,A
l]~~':~r.:>y~~
~~....,....,...,-., ," .....,
,.........."......',...
".
10(/'( t,~1:t~,~L'B
o
cona Of tt,n.u(ltC[
IWAIER _tu.5}
"[A"" .IQUSmIAL.
LDW otH,,", .RESKllHtw..
( C 4 DufACII[)
1H~/CO'v'EAt''''E'fl
tr.lEDM' DtttSffY Rt5'Otlnw.
(..-a au/ACRC)
w....TtA aoo.ts
"It" DOISCTY AESIDOtTW.
(I-I. ou/ACll<l
C.OllstRYAnOU AREAS
It[Cft~TIOIl .....o.s
COW..,,[Acw.
uOtf1 "'OUS1"W.
PADPQSm ~...y
OCDU em UWIT' (' III)
-------
"'llTtH ~O(H arr uwns (III')
.
.UTtIIOWICE JltW/
AC1MN C[JIT(AS
1
LAKE LOTTA CENTER
CASE NO: CPA-2-9-93
EXHIBIT B
o
City of Ocoee's
Future Land Use Map (2010)
proposed Change to the
Future Land Use Map
~~"JI
.~
G
II
i
ft
@
~
Legend
PROFESSIONAL SDN1cE
HEAVY lNDUSTR\AL
o
lOW DENSITY RES\ODl'T\AL
( < . Du/t.CR()
MEDIUM oENSTfY RES1ODlTW-
("'0 CU/t.CR()
INStTMlOw.l./GO"ERl'UENT
HIGH o[NS('N RESlDENTW.
(0_10 cu/t.CR()
w....TER BODIES
CONSERVA.TION ,t,REt'S
CO\olumcw..
F
J
o
CONES or II'lFUJENCE
(WAru< WEllS)
RECRD-llOH AREAS
uGHT INOUSTRLAL
_ _ _ _ OCOEE CfTY UUfTS (1/91)
_ _ _ _ _ _ _ PROpOSED ROAfNIAY
_.__.__.__ Wltm:R CARllEN CIlY UulTS (1/91)
.
I"'lERCHANCE ARUS/
ACrMlY c[N1UlS
~
FOLEY & LARDNER
III NORTH ORANGE AVENUE. SUITE 1800
ORLANDO. FLORIDA 32801
o
TAMPA. FLORIDA
.JACKSONVILLE. FLORIDA
TALLAHASSEE. FLORIDA
WEST PALM 8EACH. FLORIDA
TELEPHONE 14071 423-7656
FACSIMILE (407\ 646-1743
MAILING ADDRESS:
POST OFFICE BOX 2193
ORLANDO. FL. 32802-2193
MILWAUKEE. WISCONSIN
MADISON. WISCONSIN
WASHINGTON. D.C.
ANNAPOLIS. MARYLAND
CHICAGO. ILLINOIS
MEMORANJ2UM
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 DRl's. Agenda
Items m(B) through moo, 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
DRl'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 final order which found City of Ocoee
Comprehensive Plan Amendment Numbers CPA-I-9-93 and CPA-2-9-93 to be in compllance
in accordance with Section 163.3184, Florida Statutes. Set forth below is a brief discussion.
o
Ordinance No. 95-01. adopted Januarv 26. 1995~ This Ordinance adopted the
comprehensive plan amendments required for the City Commission to approve the DRl
Development Orders. Section 7 of Ordinance No. 95-01 provided that the Ordinance would
become effective upon the issuance by the DCA of a final order fmding the comprehensive plan
amendments to be in compllance and the approval by the City Commission of Development
\
\
\
\
\
I
I
I
I
I
\
\
I
,
1
\
,
Orders for the Lake Lotta Mall and Lake Lotta Center Developments of Regiooal 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.
D
Develo ment Order for Lake Lotta Mall Develo ment of R .onal 1m act
as approved on ,Japuary 26. 1995. The provisions of Part ill(A) of this Development Order
provided that the effectiveness wonld be stayed by the filing of an appeal within 45 days after
rendition. As indicated above, no snch 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, tbe Development Order for the Lake Lotta Mall DR! became effective and
authorized development pursuant to the terms thereof on April 7, 1995.
Develo ment Order for Lake Lotta Center Develo ment of R .onal 1m act
as approved on ,Jannary 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 sucb 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) tbereof. 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 sbould note for ber 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. adoQted on Januarv 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. Botb of these events occurred on April 7, 1995.
Accordingly, the Effective Date of Ordinance No. 95-03 is April 7, 1995. The City Clerk
sbould 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.
o
Develo ment A eement-Lake Lotta Mall PUD a roved on anua 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
\
\
\
1
I
I
,
I
l
I
\
\
1
\
.
-
City AttOrney haS proceeded to record this Development p,.greement in the Public ReCords of
orange County. Florida in order evidence that it bas beCOme effective.
o
Develo ment A ....ment-Lake LQW! Center J'UD. The provisions of section
18 of this Development Agreement provided that its Effective Date would be the date tba1
or<\inllOce No. 95-03 iJeCUlOe effective and that the recording of this Development Agreement
would be conclusive evidence that ordinance No. 95-03 became effective. A.s a result, the
Effective pate of this Development Agreement is April 7. 1995. The City AttOrneY haS
proceeded to record this Development p,.greement in the Public RecOf<!s of orange County.
Florida in order evidence that it haS become effective.
Lake LQW! M;!II pUD Prelimina Snbdivision Plan/Site Plan.Pro' ect No. 94-
!lll. The City Commission on January 26. 1995 approved the Lake Lotta Mall pUP
preliJninatY Subdivision plan/Site Plan subject to certain contingencies being satisfied. These
contingencies related to the other itemS diSCUSsed in this memorandum. A.II sucb contingencies
were fully satisfied on APril 7. 1995. A.s a result, the approval date for said Plans is APril 7.
1995.
~ance of Development Permits. A.s a result of the items set forth above
becoming effective, the City may now issue development permits for the LaI<e Lotta Mall pUP
and the LaI<e Lotta Center PUP. such develOpment permits including any building permits.
zoning permits, subdivision approvals and other approvals having the effect of perntittlog the
development of land. A.II such development permits must be consistent with the approvals set
forth above.
\
\
\
\
\
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.
cc:
\0
A.:\G\VJ'"iON.MEM\41\O/9SlmG}{1' 1"JU'oNsfER DISKIPER:jcd
3
\
,
.
\
I
,
,
,
,
1
\
,
,
,
\
\
I
-
T...""P.... FLORIO'"
J...Cl<.SONVILl.E. FLORIO'"
T...Ll....H...SSEE. Fl.ORIO'"
WEST p...l."" eE...CH. FLORIO'"
FOLE.Y & LARDNER
III NORTH OR...NGE ...VENUE. SUITE 1600
ORL.ANDO. FL.ORIDA 3280\
TEl.EPHONE \4071 423.7656
F...CSIl-\Il.E \4071 646.1743
""",Il.ING ...OORESS:
pOST OFFICE 80)(. 2193
ORl....NOO. Fl.. 32802.2193
""I l.W",UKEE. WISCONSIN
""...01501'1. WISCONSIN
W...SHINGTON. D.C.
M~N"'POl.IS. ""...RYl.ANO
CHIC...GO. Il.LINOIS
\
\
,
,
,
,
,
-
,
\
c
~
,
\
\
\
RE:
The city of Ocoee transmitted the adopted De"elopment
orders for both the Mall and the center to the Department of
co_unity Affairs ("DCA") on :1anuarY 31. 1995 and DCA recei"ed them
on FebruarY 1. 1995. "Rendition" means issuance of a written
de"elopment order and transmittal of a certified completed copy of
the De"elopment orders. FAC Rule 9:1_2.025(5). within 45 daYS of
rendition. the o""er. de"eloper. or DCA may appeal bY filing a
Notice of APpeal ",ith the Florida Land and water AdjUdicatorY
co_iss ion ( "FLWAC") . E"en assUll\ing the most cons er"at i 'Ie
interpretation (i.e. rendition means recei"ed). the appeal period
for the De"elopment Order ended on March 18. 1995. I confirmed
",ith the FLWAC Clerk that nO Notice of APpeal ",as filed.
Therefore, the De"elopment .orders are final. Both De"elopment
orders include a pro"ision ",hich staYs their effecti"enesS until
the concurrent comprehensi"e plan Amendments become effecti"e.
RUSsell B. wagner, Planning Director
Martha H. Formella. Esq.. ASsistant city Attorney
paul E. ROsenthal, Esq.. city Attorney f5;L
April 5, 1.995
Lake Lotta Mall and center
jU H1-.
,
\
,
\
,
TO:
FROM:
THROUGH:
DATE:
,
l
\
I
\
o
DCA published their Notice of Intent to Find the city of
ocoee comprehensi"e Plan Amendment In compliance on March 16. 1995.
An affected party must file a petition ",ith the AgencY Clerk ",ithin
211 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 filed bY April 6. 1995. the Notice. of Intent
becomes final agency action and the comprehensi"e plan Amendments
become effecti"e. Fla. stat. SS 163.3184 (9), 163.3189 (2) (a) ·
120.57(1)' on April 7, 1995. ",e ",ill confirm ",ith the DCA Clerk
that nO petition haS been filed and ad"ise yoU regarding the
effecti"enesS of the comprehensi"e plan Amendments.
Upon the comprehensi"e Plan Amendments becoming
effecti"e, the city then ",ill be in a position to issue local
-
~
~
\
I
\
I
\
\
development orders, including building permits. on Thursday, paul
Rosenthal will coordinate . with the Ci ty Clerk regarding the
documents to be recorded.
\
\
\
I
\
o
\
\
\
~
-2-