FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

October 30, 2001

1. Approval of the minutes of the meeting held April 10, 2001.

2. Consideration of a Recommended Order issued by the Division of Administrative Hearings in the case of W.T. Cox, Jr., Individually and as Trustee; Priceco, a Florida general partnership, the Trustees of the Karick and Barbara Price Irrevocable Trust dated June 26, 1989, Agnes T. May; John B. Whitaker; and Betty Sue Whitaker vs. Lake County. (FLWAC Case No. APP-00-001; DOAH Case No. 01-0461).

Petitioners, W.T. Cox, Jr., Individually and as Trustee; Priceco, a Florida general partnership, the Trustees of the Karick and Barbara Price Irrevocable Trust date June 26, 1989, Agnes T. May; John B. Whitaker; and Betty Sue Whitaker, own 1,433 acres of property known as Sugarloaf Mountain located east of the City of Clermont and the Florida Turnpike and just west of Lake Apopka in Lake County. The land, for the most part, is former orange groves. Initial action to develop the property occurred in February, 1991, when Lake County approved Planned Unit Development Ordinance No. 9-91 for the Sugarloaf Mountain Development of Regional Impact (DRI). In July, 1994, Lake County issued the initial Development Order for the Sugarloaf Mountain DRI. The Development Order was appealed by the Department of Community Affairs (DCA) and was submitted to binding arbitration on the issue of vesting. In October, 1995, the arbitrator found that the property was vested and that the project was exempt from the density and intensity provisions of the County's then current Comprehensive Plan. Petitioners and Lake County entered into an agreement modifying the Development Order to conform to the terms of the settlement. As a result of the arbitration and agreement, the Petitioners were obligated to "substantially proceed" with development within five years of the effective date of the Development Order - development must "substantially proceed" by December 18, 2000.

In January, 2000, Petitioners filed a Notice of Proposed Change (NOPC) to the Sugarloaf DRI Development Order to extend all deadlines by five years less one day. Lake County required the NOPC to be considered by its Board of County Commissioners at a public meeting and on September 26, 2000, the Board denied the NOPC. On November 6, 2000, Petitioners filed a petition for appeal with the Florida Land and Water Adjudicatory Commission. The Commission forwarded the matter to the Division of Administrative Hearings (DOAH) for assignment of an Administrative Law Judge and further. An administrative hearing was conducted and the Administrative Law Judge issued a Recommended Order on July 25, 2001, which is the subject of this proceeding before the Commission. The Administrative Law Judge recommends the Commission issue a final order approving Petitioner's Notice of Proposed Change. Lake County filed exceptions to the Recommended Order on August 10, 2001, and Petitioners filed a response to Lake County's exceptions on August 20, 2001.

RECOMMENDATION:

To be distributed separately.

BACK-UP:

DOAH's Recommended Order received on July 30, 2001. (Distributed to Cabinet Aides under memo dated August 6, 2001.)

Lake County's Exceptions to the Recommended Order received on August 10, 2001.

Petitioner's Response to Lake County's Exceptions to Recommended Order received on August 20, 2001.

Draft Final Order to be distributed separately.