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HomeMy WebLinkAboutVII (A1) First Reading Ordinance No. 97-31. West Oaks Mall PUD Land Use Plan - Conditions of Approval Amendment Project #94-011 Agenda 10-21-97 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" ItMAYO I CVI OMMISSIONER S. SCOTT VANDERGRIFT Ocoee (� COMMISSIONERS 0:43 CITY OF OCOEE O •411.1DANNYHOWELL ► 150 N.LAKESHORE DRIVE SCOTT ANDERSON v Q OCOEE FLORIDA 34761-2258 SCOTT A.GLASS 0 NANCY J.PARKER ?v (407)656-2322 CITY MANAGER OP GO®�`�` ELLIS SHAPIRO STAFF REPORT DATE: October 15, 1997 TO: The Honorable Mayor and City Commissioners FROM: Robert Lewis, Senior Planner THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Ordinance# 97-31 West Oaks Mall PUD Land Use Plan Conditions of Approval Amendment Project# 95-011 ISSUE: Should the Mayor and City Commission adopt Ordinance # 97-31, which will amend Condition 11 in the Land Use Plan Conditions of Approval for the West Oaks Mall PUD? BACKGROUND: Phase I of the Lake Lotta Mall DRI, now known as the West Oaks Mall, was approved to include a total of 1,200,000 square feet GLA, with 1,100,000 square feet in the mall and 100,000 square feet on outparcels. Phase I included up to 60,000 square feet GLA for a movie theater with up to 3,000 seats. AMC Theaters now wants to expand its theater space from 14 screens to 24 screens, with construction to begin some time next year. This change will require amendments to the Lake Lotta Mall DRI Development Order, the West Oaks Mall PUD, the Development Agreement, the Final Subdivision Plan and the Final Site Plan. To summarize, the proposed change would allow an increase of 35,000 square feet in the total square footage of the theater area for a total of 95,000 square feet GLA, and increase the total number of seats permitted by 2,000 for a total of 5,000 seats. At the same time it would reduce the total amount of permitted Shopping Center Space by 45,500 square feet. Page 2 Honorable Mayor and City Commissioners October 15, 1997 DISCUSSION: This is the first reading of Ordinance # 97-31, which if adopted, will provide local zoning approval to allow the Mall to implement the proposed changes described above. The second reading and Public Hearing for this ordinance, along with all the other required amendments mentioned above will be considered by the City Commission on its November 4, 1997 agenda. The Lake Lotta Mall DRI Development Order will also be reviewed by the Florida Department of Community Affairs and other state agencies. All the proposed amendments will be subject to the amendment to the DRI Development Order becoming effective. The proposed amendment to Condition 11 was reviewed by the Development Review Committee (DRC) on September 23, 1997. The Committee voted unanimously to recommend approval of this amendment to the Land Use Plan Conditions of Approval for the West Oaks Mall PUD. PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION: On October 14, 1997, the Planning and Zoning Commission held a public hearing on the proposed amendment to Condition 11. During the public hearing, the developer's representatives were present to answer questions. There was no opposition to the proposed amendment. After a brief discussion, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed amendment to Condition 11 of the Land Use Plan Conditions of Approval for the West Oaks Mall PUD, in accordance with staffs recommendation. STAFF RECOMMENDATION: Based on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission approve the first reading of the Ordinance# 97-31,which will amend Condition 11 (Sheet 6 of 14) of the Land Use Plan Conditions of Approval for the West Oaks Mall PUD with the following considerations: • as date stamped received by the City on September 26, 1997, • finding that it is consistent with the Ocoee Comprehensive plan, and • subject to the First Amendment to the Lake Lotta Mall DRI Development Order becoming effective. Attachments: Copy of Ordinance#97-31 Copy of the Public Hearing advertisement C:\ALL_DATA\rlpdfile\StaffReports\CC WOM PUDAlst @ 10-21.doc The Orlando Sentinel,Thursday,October 16,1997 • NOTICE OF PUBLIC HEARING CITY OF OCOEE - WEST OAKS MALL PUD NOTICE IS HEREBY GIVEN pursuant. toSection 166.041, Florida Statutes, and Section 4-5D,Ocoee Land Devel- opment Code; that the Ocoee City Commission will hold,at a regular ses- sion to be held November 4,,1997 at 7:15 p.m.or as soon thereafter as poi sible,a PUBLIC HEARING in the Corti• mission Chambers, Ocoee City Hall, 150 North Lakeshore Drive, Ocoee _Florida,to consider on the second of_ two readings the adoption of the follow- ing ordinance: ORDINANCE'N0.,97.31 _. • AN ORDINANCE OF.THE CITV.c • OF OCOEE,FLORIDA APPROV- ING AN AMENDMENT TO CON- DITION OF APPROVAL NO. 11 '• OF THE LAND USE PLAN FOR WEST OAKS MALL PUD, FOR- ' MERLY KNOWN AS LAKE LOTTA MALL PUD,ON CERTAIN REAL PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF S.R. 50 AND CLARKE ROAD,AS PETI- TIONED BY THE PROPERTY OWNER; AMENDING ORDI- NANCE NO.95-02 RELATING TO THE WEST OAKS PUD; REVIS- ING THE CONDITION OF AP- PROVAL RELATING TO FLOOR AREA FOR THEATRE USE;PRO- VIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. - Article VIII of the A copy of the pro-- Ordinance may be examined by the public in the office of the Ocoee Planning Department, City Hall, 150 North Lakeshore Drive,Ocoee,Florida, Between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,ex- ext.capt legal holidays,or phone 656-2322 The 4Oco6 ee City Commission may con- tinue the public hearing to other dates as they deem n Any interested party shall be advisedthat the dates, times,and places of any continuation of this or continued public hearings shall be announced during the hearing and that no-further notices regarding this matter will be pubrished.: - :- Interested parties may appear'at the public hearing and be heard with,re- spect to the proposed Ordinance.Any person who desired to appeal any deci- sion made during the public hearing will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceed- ings is made which includes the testi- mony and evidence upon which the ap- pealPersons with needingassistanceateinany of the roceedings should contact the Cityre Clerk's Office 48 hours In advance Jean of By meeting _ Oclop Grafton ber 9,1997 OLS1774874 .- - - OCT.16,1997 ORDINANCE NO. 97- 7 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA APPROVING AN AMENDMENT TO CONDITION OF APPROVAL NO. 11 OF THE LAND USE PLAN FOR WEST OAKS MALL POD, FORMERLY KNOWN AS LAKE LOTTA MALL PUD, ON CERTAIN REAL PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF S .R. 50 AND CLARKE ROAD, AS PETITIONED BY THE PROPERTY OWNER; AMENDING ORDINANCE NO. 95-02 RELATING TO THE WEST OAKS MALL PUD; REVISING THE CONDITION OF APPROVAL RELATING TO FLOOR AREA FOR THEATRE USE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of certain real property located within the corporate limits of the City of Ocoee, Florida , as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission" ) to approve an amendment to Condition of Approval No . 11 ( "Land Use Plan Amendment" ) of the Land Use Plan for the West Oaks Mall PUD, formerly known as the Lake Lotta Mall PUD, as adopted by the City of Ocoee in Ordinance No. 95-02 and amended in Ordinance No. 95-19 (the "Land Use Plan") ; and WHEREAS, pursuant to Chapter 180 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee City Code") , the Planning Director has reviewed said petition and determined that the Land Use Plan Amendment is consistent with the City of Ocoee Comprehensive Plan (the "Ocoee Comprehensive Plan" ) ; and WHEREAS, the Land Use Plan Amendment was scheduled for study and recommendation by the Planning and Zoning Commission of 1 the City of Ocoee, Florida (the "Planning and Zoning Commission" ) ; and WHEREAS, the Planning and Zoning Commission has reviewed the Land Use Plan Amendment for consistency with the Ocoee Comprehensive Plan and determined that the Land Use Plan Amendment is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that the Land Use Plan Amendment be approved and the Ocoee City Commission find the Land Use Plan Amendment to be consistent with the Ocoee Comprehensive Plan; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof with respect to the proposed Land Use Plan Amendment; and WHEREAS, the Ocoee City Commission has determined that the Land Use Plan Amendment is consistent with the Ocoee Comprehensive Plan; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166 . 041 (3) (c) , Florida Statutes . NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The Ocoee City Commission has the authority to adopt the Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes . 2 SECTION 2 . Revision to Ordinance 95-02 . The Land Use Plan, as adopted by Ordinance No . 95-02 and amended by Ordinance No. 95-19 of the City of Ocoee, Florida is hereby further amended by amending Condition of Approval No. 11 on Sheet 6 of 14 to read as set forth on Exhibit A attached hereto and by this reference incorporated herein. SECTION 3 . Ocoee Comprehensive Plan Consistency. The Ocoee City Commission hereby finds the Land Use Plan Amendment as set forth in Section 2 above to be consistent with the Ocoee Comprehensive Plan. SECTION 4 . 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 5 . Effective Date. This Ordinance shall become effective on the date that the First Amendment to the Development Order for the Lake Lotta Mall Development of Regional Impact becomes effective . PASSED AND ADOPTED this day of , 1997 . 3 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) ADVERTISED October 16, 1997 READ FIRST TIME October 21, 1997 READ SECOND TIME AND ADOPTED , 1997 UNDER AGENDA ITEM NO. FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1997 . FOLEY & LARDNER By: City Attorney A:1MALLPUD.AM 110/16/971 OCOEE MALL DISK I MHF:jed 4 EXHIBIT A (Page 1 of 2) 11. Floor Area: Maximum Gross Square Footage(gsf) Mall 1,401,231 sq.ft. Peripheral Retail Parcels 262,000 sq.ft. Maximum Gross Leasable Area(gla) Mall *1,250,000 sq.ft. Peripheral Retail Parcels *250,000 sq.ft. * The Mall land use set forth above includes a movie theatre of up to 61,650 GSF (or 60,000 GLA) and up to 3,000 seats. An additional amount of up to 35,000 sq. ft. of actual GLA space (35.963 GSF) may be utilized for AMC Theatre by converting unused Shopping Center space at a ratio of LO sq fl,, GLA of actual constructed AMC Theatre space to 1.3 sq. ft. GLA permitted Shopping Center space. or 45.500 sq. ft. GLA (46.401 sq.ft. GSF). This would allo}v a maximum total of 95.0O0 so, ft. GLA (97.613 sq. ft. GSF) of movie theatre space and up to 5.000 seats. For tracking purposes. the total allowed square footage for theatre in terms of shopping center space is 102.183 sq, ft. GLA (106,877 GSF) based on the theatre space actually built under the original approval plus the proposed additional theatre space in terms of equivalent shopping center space as shown in the following table: Actual Proposed Equivalent Shopping Total Built (9/97) Additional Center Space Allowed' GLA 56,683 35,000 45,500 102,183 GSF 60,125 35,963 46,752 106,877_ Actual Built + Proposed Additional (Equivalent Shopping Center Space) Of the 6.250 parking spaces allocated to the Mall land uses, up to 500 parking spaces are allocated to a movie theatre within the Mall. * Upon written request to the City, the Developer shall have the right to increase the Peripheral Retail use up to an additional 50,000 square feet GLA (52,400 GSF) by reducing retail square footage in the Mall without the necessity or modifying the Land Use Plan under the following parameters: a. Any transfer shall be based on trip generation levels, as provided by the most current edition of the Institute of Transportation Engineer's Trip Generation manual since Peripheral Retail will generate more trips per thousand square feet than will the Mall Retail; b. Additional on-site and near-site traffic analysis shall be conducted to the City of Ocoee's satisfaction when additional Peripheral Retail development is proposed. The Developer shall not be entitled to EXHIBIT A (Page 2 of 2) increase the Peripheral Retail as set forth above unless the City determines that the additional on-site and near-site traffic analysis is satisfactory; c. The Developer shall not be entitled to increase the Peripheral Retail as set forth above unless the Developer has been issued a building permit for a mall of at least 800,000 gross square feet and has commenced construction pursuant thereto; and d. The Developer shall include in the Annual Report any increases in the Peripheral Retail pursuant to the provisions set forth above. Maximum Floor Area Ratio: .30 (1,663,231 sq.ft. on 130.0 acres) Note: GSF= Gross Square Feet GLA = Gross Leasable Area The building square footages for individual parcels other than the Mall and Automotive Center are not known at this time. Based on parcel sizes, they are estimated to be as follows: • Estimated Building Size Estimated Building Size Parcel (g.l.a.) (g.s.f.) A 130,740 sq.ft. 137,016 sq.ft. B-1 48,125 sq.ft. 50,435 sq.ft. B-2 33,600 sq.ft. 35,213 sq.ft. C 9,538 sq.ft. 9,996 sq.ft. D-1 5,176 sq.ft. 5,424 sq.ft. D-2 13,007 sq.ft. 13,631 sq.ft. 9.814 sq.ft. 10.285 sq.ft. Total 250,000 sq.ft. 262,000 sq.ft. The actual square footage constructed may vary, but the total constructed area will not exceed the maximum amounts allowed as indicated above for Peripheral Retail Parcels.