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Home My WebLink AboutVI(C) Discussion/Action Re: Notification Of Proposed Change For West Oaks Mall/Amc Movie Theater Expansion AGENDA 12-17-96 Item VI C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" f Ocoee S.SCOTT VANDERGRIFT O COMMISSIONERS CITY OF OCOEE RUSTY JOHNSON +- a SCOTT ANDERSON 150 N.LAKESHORE DRIVE SCOTT A.GLASS to v OCOEE,FLORIDA 34761-2258 JIM GLEASON '1>• As' (407)656-2322 CITY MANAGER Op G p00 ELLIS SHAPIRO MEMORANDUM DATE: December 6, 1996 TO: The Honorable Mayor and City Commission FROM: Russell B. Wagner, Director of Planning SUBJ: West Oaks Mall AMC Movie Theater Expansion AMC Theater has previously submitted a Notification of Proposed Change (NOPC) for the West Oaks Mall DRI to allow expansion of their movie facility from 14 screens to 24 screens. As outlined in the attached letter from the mall's attorney, Hal Kantor,the developer intends to reduce the overall square footage of mall expansion space permitted in Phase I of the project at a ratio of 1.3 to 1 to accommodate the movie theater. From a traffic generation standpoint, this conversion appears to result in a net decrease in the number of trips that would otherwise be associated with retail space. Accordingly, the developer contends that the proposed addition to the theater should be processed as a non-substantial change. Conversely, the attached letter from the Department of Community Affairs (DCA) indicates that they believe such an expansion would constitute a substantial change to the DRI thereby requiring a much more elaborate review process. Without commenting on the technical merits of the proposed expansion, Staff believes the developer has raised some plausible arguments to permit review of the application as a non- substantial change to the DRI. Since the processing of such a request falls within the prerogative of the City Commission, Staff is requesting specific direction as to how to proceed once the Commission has discussed the matter and evaluated the information to be presented by the developer. Attachment RBW/csa C:\CAPDFILE\MEMORA-1\MFP96303.WPD = wannumnemumonnm Ernest R.Drosdick Thomas E.Francis Timothy J.Manor David G.Williford John D.Ruttier (19361982) Julia L Frey Daniel F.McIntosh Jon C.Yergler Mark D.Sccnaca LOWNDES Louis Frey,Jr. H.Gregory McNeill Terry C.Young T.Austin Suomo James Ballecta Barry L Goff David E.PetersonWendS.y L Spitler Matt E.Beal Aaron J.Gorovitz T.Todd Pittenger Kathi W.Borkholder Wen Tellam DR®STLICK William A.Beckett Linda C.Hankins Nicholas A.Pope Casey M.Cavanaugh Christopher P.T-{ William R.Bird.Jr. James F.Hceicin,Jr. Shawn G.Rader Stacey L Collard James S.Toscana4110 Matthew G.Brenner Robert F.Higgins Morey Raiskin Clinton R Darien,Jr. Todd D.Walker DOSTER Dale A.Burka Loran A.Johnson John A.Reed Jr. Darrell D.Garvey Taylor D.Ward Chula C.Carrington Gary M.Kaleita Michael Ryan Michael R Gibbons W.Michael Clifford John T.Wcttaach,Jr. 0 �r1C��v�T��'1 R /Q�j Hal H.Kantor Margaret H.Schreiber James J.Hoctor �L`►1 �.L \ i Old. LJ�r W.Terry Costolo James G.Kattelmann Cleatous J.Simmons Peter L Lopez Karen A.Williams Janet M.Courtney Joseph G.Kern Gary R.Soles Amy S.Lawndes William E Dauer Joseph A.Lane James M.Spoonhour Keith Manzi Of Counsel: REED �•�• William T.Dymond.Jr. Harry W.Lawrence Scott C.Thompson John G.Morris Michael V.ElsberryC:‹ 1\J.JL �_ Richard J.Ma R Kimbuk Lee Bradford D.West Matthew R O'ICane Teresa B.Finer Miranda F.Fitzgerald John F.Lowndes Julian E.Whitehurst Patrick K.Rinks Attorneys at Law November 26, 1996 �at *, , 4r • .111 ‘.11t.1 NOV 2 7 - ?lc Mayor Scott Vandergrift %r`c Councilman Rusty Johnson CITY OF Councilman Scott Anderson Councilman Scott Glass • Councilman Jim Gleason Ocoee City Hall • 150 No. Lakeshore Drive Ocoee, FL 34761 Ellis Shapiro, City Manager Ocoee City Hall 150 No . Lakeshore Drive Ocoee, FL 34761 Gentlemen: As you know, our law firm represents the West Oaks Mall . We have an exciting opportunity to modify the proposed theater on the site. At present, we have approval for a 60 , 000 sq. ft . theater with up to 3 , 000 seats . We have requested a change that would add an additional 35, 000 sq. ft . or a total of 95, 000 sq. ft . which would allow up to 5, 000 seats with multiple screens . In order to be able to do this, we have to reduce the amount of square footage in the mall area at a ratio of 1.3 to 1. In other words, we would remove more square footage in the mall than we would gain in the expanded theater. The purpose of this trade-off is to ensure that the transportation impact from the modified project will be no more than has already been approved by the City. By the way, the same formula has been used in other malls in this area. Because of a technical circumstance, the statute applicable to this matter would conclude that the proposed change is substantial, rather than non-substantial, thereby calling for different procedural requirements . The professional traffic studies, however, clearly indicate that the transportation impact is the same or less than that which has already been • 215 NORTH EOLA DRIVE •POST OFFICE BOX 2809•ORLANDO.FLORIDA 32802 TELEPHONE 407-843-4600.•FAX 407423.4495 A MEMBER OF COMMERCIAL LAW AFFILIATES.A WORLDWIDE ORGANIZATION OF INDEPENDENT LAW FIRMS. November 26, 1996 Page 2 approved. The appropriate documentation supporting this request has been filed with the. City. However, because of the anomaly created by the statute, neither your staff nor that of the regulatory agencies can officially conclude that the request -is non-substantial . It is our intention to present to you, at the hearing on this matter, the documentary evidence supporting our position and we are confident that it will ultimately be approved by the regulatory authorities . With the foregoing in mind, we request that this matter be set for public hearing as soon as reasonably possible . Than, you for your attention to this matter. Very u y' / s, ',40110",/- .I( 6a- H Kan•or HHK: ta c : Paul Rosenthal, Esq. Russ Wagner John Percy Jim Grant Jim Kattelmann, Esq. xog TKE • • '7117, =' "'"STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY MANAGEMENT• HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT LAWTON CHILES JAMES F.MURLEY Governor Secretary September 19, 1996 • Mr. Russ Wagner Director of Planning City of Ocoee 150 Lakeshore Drive Ocoee, Florida 32761 Re: West Oaks Mall (fka Lake Lotta Mall) DRI Notification of Proposed Change File No. ADA-1089-060 • • Dear Mr. Wagner: The Department has received a Notification of Proposed Change (NOPC) to the West Oaks Mall (fka Lake Lotta Mall) Development of Regional Impact (DRI) development order. The NOPC was rendered to the Department on August 8, 1996 by Mr. John Percy of Glatting Jackson, et .al., on behalf of GGP/Homart, Inc. The applicant indicates that the proposed change is to accommodate future expansion of the 3,000 seat theater complex. The proposed change would allow for conversion of up to 35,000 sq.ft. of mall space to theater space to accommodate 2,000 additional theater seats (5,000 total). The expansion will be accommodated by a concurrent decrease in approved square footage for the mall. The Department has reviewed the proposed changes and does not concur with the applicant's claim that the proposed modifications are consistent with the parameters identified in Section 380.06(19)(e)2., Florida Statutes (F.S.). The proposed change was reviewed using the criteria of Section 380.06(19)(b)1., F.S., which provides, in part, that a proposed change is a substantial deviation if it results in an increase in the number of spectators that may be accommodated at such a facility by 5 percent or 1,000 spectators, whichever is greater. The 2,000 seats proposed for addition to the theater complex represents a 60% increase in the number 2 5 5 5 SHUMARD OAK BOULEVARD • T A L L A H A S S E E , FLORIDA 3 2 3 9 4 - 2 1 0 0 FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SOUTH FLORIDA RECOVERY OFFICE GREEN SWAMP AREA OF CRITICAL STATE CONCERN FIELD OFFICE P.O.Box 4022 FIELD OFFICE 2796 Overseas Highway,Suite 212 8600 N.W.36111 Street 155 East Summerlin Marathon.Flodda 33050-2227 Miami,Florida 33159-4022 • Bartow,Florida 33830-4641 • Mr. Russ Wagner September 19, 1996 Page Two of spectators that the theater complex could accommodate. This exceeds the threshold established by Section 380.06(19)(b)1., F.S., for attraction and recreation facilities and is therefore a substantial deviation and further DRI review is required pursuant to 380.06(19)(g), F.S.. The Department has determined that, pursuant to Section 380.06(19)(b)1., F.S., the proposed change would constitute a substantial deviation without the necessity for a finding of the same by the local government. Therefore, no public hearing is necessary by the City of , Ocoee since the proposed change does constitute a substantial deviation. However, if a public hearing is to be held concerning this proposed change, you are hereby notified that the Department has objections pursuant to Section 380.06(19)(f)4., F.S. If you have any questions or comments concerning this matter, please call John Healey, Community Program Administrator, or James Truesdell, Planner IV, in the Bureau of Local Planning at (904) 487-4545. Sincerely, J°tAik- J. Thomas Beck, Chief Bureau of Local Planning JTB/jt cc: Aaron Dowling, ECFRPC Mr. John Percy, Glatting Jackson, et. al.