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Home My WebLink AboutVI(A) Lake Lotta (aka West Oaks) Mall Development Of Regional Impact Notice Of Proposed ChangeDATE: AGENDA 11-04-97 "CENTER OF GOOD LIVING - PRIDE OF NEST ORANGE" t t em VI A S. SCOTT VANDERGRIPT CITE' OF OCOEE HOWELL DCOMMIONERS ANNY 150 N. LAKESHORE DRIVE SCOTT ANDERSON SCOTT A. GLASS OCOEE, FLORIDA 34761-2258 NANCY J. PARKER (407) 656-2322 CITY MANAGER ELLIS SHAPIRO STAFF REPORT October. 29, 1997 TO: The Honorable Mayor and Cityy `Commissioners FROM: Robert Lewis, Senior Planner `'('"' THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Lake Lotta (aka West Oaks) Mall Development of Regional Impact (DRI) Notice of Proposed Change (NOPC) Project # 94-011 ISSUE: Should the Mayor and City Commission approve of a Notice of Proposed Change and the First Amendment to the Development Order for the Lake Lotta Mall DRI? BACKGROUND: Phase I of the Lake Lotta Mall DRI, also 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 29, 1997 The proposed expansion will require a change to some of the conditions of approval in the Development Order for the DRI, which is accomplished with the Notice of Proposed Change (NOPC) procedure. Last December, at the request of the applicant, the City Commission discussed this issue and came to a consensus that the proposed change should not be processed as a Substantial Deviation to the approved DRI. This means the City can review and approve the change at the local level rather than involving the Florida Department of Community Affairs (DCA) and other state agencies in a more extensive review process. This approach will save many months and a lot of staff time in reviewing the proposed change. The DCA and other agencies will have the right to appeal the City's approval if they wish, but the City does not have to wait for their recommendations before making its decision. DISCUSSION: This NOPC for the Lake Lotta Mall DRI includes proposed changes to a total of four Conditions of Approval in the DRI Development Order. The primary change involves the theater expansion described above and affects two conditions (Part II.A., Conditions 3 and 4). The third change creates a new condition (Part II. C., Condition 10) which requires the Developer to conduct a trip generation study for the movie theater prior to starting Phase II of the DRI. The fourth change (Part VII.B., Condition 12) requires a new Status Report Table (Exhibit Y) to be included in the Annual Report and within 30 days of any new Certificate of Occupancy. In spite of the other changes, the primary emphasis of the NOPC is to allow the Mall to exchange some of the square footage originally approved as Shopping Center Space for the proposed additional theater space. The proposed theater expansion would increase the total square footage of the theater area at the Mall by up to 35,000 square feet GLA, bringing the total theater area to 95,000 square feet GLA. It would also increase the total number of seats permitted by up to 2,000 to bring the total to 5,000 seats. At the same time it would reduce the total amount of permitted Shopping Center Space by 45,500 square feet. The East Central Florida Regional Planning Council (ECFRPC) staff and City staff agree, along with the City Commission in its discussion last December, that the proposed change as described above will not create any additional regional impact beyond that already considered when the original DRI was approved. The attached NOPC document was assembled using the format adopted by the ECFRPC to present proposed changes to an approved DRI. The NOPC document and the proposed amendment to the Development Order were reviewed by the Development Review Committee (DRC) on September 23, 1997. The Committee voted unanimously to recommend approval of the Notice of Proposed Change and the First Amendment to the Development Order for the Lake Lotta Mall DRI (also known as the West Oaks Mall). Page 3 Honorable Mayor and City Commissioners October 29, 1997 PLANNING & ZONING COMMISSION MEETING AND RECOMMENDATION: On October 14, 1997, the Planning and Zoning Commission held a public hearing on the NOPC and Development Order amendment for the Lake Lotta Mall DRI. During the public hearing, the developer's representatives were present to answer questions. There was no opposition to the proposed changes. After a brief discussion, the Planning -and Zoning Commission voted unanimously to recommend approval of the NOPC and the First Amendment to the Development Order for the Lake Lotta Mall DRI, in accordance with staffs recommendation. STAFF RECOMMENDATION: Based on the consensus of the City Commission in its discussion last December that this does not constitute a Substantial Deviation, and on the recommendations of the DRC and the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commission approve of the Notice of Proposed Change and the First Amendment to the Development Order for the Lake Lotta Mall DRI, also known as the West Oaks Mall, date stamped received by the City on September 30, 1997. Attachments: Notice of Proposed Change Document, date stamped September 30, 1997 First Amendment to the Development Order Copy of the Public Hearing advertisement CAALL_DATA\rlpdfile\Staff Reports\CC WOM NOPC @ 11-4.doc The Orlando Sentinel. Thursday, October 18,1997 NOTICE OF PUBLIC HEARING TO CONSIDER A PROPOSED CHANGE TO THE DEVELOPMENT OF GREFDOINAL IMPACT (DRI) FOR WEST OAKS MALL NOTICE IS HEREBY GIVENpurstrertt to Section 188.641._ Ftonda steurtes, ttta an No - bets. 156 North • Lakeshore Drive. Ocoee. Florida to consider an mewl. mem to the Devetopmem of Regional Impact(DRI) ) for the WEST OAKS MALL (oke a tta Mall) to permit eon. sbuction of additional movie theatre sr &we � as othCommission er dates parrytshall be advised :and firnes as d" deemnecassW. UW the dates tGnes and places of any con... dinuatian of Mis or continued pubile- heanrxp shad be armamce.+d dunrg the hgearadrinugg and that not further-notces To- f this masd. er will be published merested parties may appear ei the public heanngg end Ge heard with he sped to the DW amendment. Arryper- son who tlesires to appeal arty deasion rtmda du ng the ppuu lic hearing will need a record of tffe prowetlirg end for this purpose rttay need to ensure that a verbantrt record cf the proceed- ings is made which includes the testl- morty and evidence upon Which the ap- peal is broad Pei so with disebiraisa needing assrstance to participate in airy of the proceedings should contact the City Ck tk's office 48 tours in advar= d tM .—n— n urrn A -A- m tall UUM CITY OF OCOEE I. October 16. 1997 OLS1774977 OCT. 18. 1997