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Ocoee attorneys say Department of Commerce letter on Envision 2045 was issued in error; commission OKs preserving appeal rights
Summary
City attorneys told the City Commission they believe the Department of Commerce wrongly declared Ocoee’s Envision 2045 comprehensive plan “null and void” under Senate Bill 180 and asked the commission for consensus to preserve the city’s right to seek an administrative hearing if needed.
City attorneys told the Ocoee River City Commission on Sept. 16 that a letter from the Florida Department of Commerce saying the city’s newly adopted Envision 2045 comprehensive plan is “null and void” was sent in error and that the city should preserve its right to seek review before the Division of Administrative Hearings.
The city attorney said the commission adopted Envision 2045 with an “opt out” provision that allows property owners to request regulation under the earlier plan if they believe a provision is more restrictive. He said that provision makes the city compliant with Senate Bill 180’s restrictions on adopting more restrictive comprehensive-plan amendments during the statutory window. “We do not believe that [the Department of Commerce] has the authority to do so,” the city attorney said, adding that the department “specifically…
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