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HomeMy WebLinkAboutVI(A1) First Amendment To The Development Order, Lake Lotta (aka West Oaks) Mall DRIAGENDA 11-04-97 Item VI Al 1 2 3 4 5 6 7 8 FIRST AMENDMENT TO THE DEVELOPMENT ORDER 9 LAKE LOTTA MALL DEVELOPMENT OF REGIONAL IMPACT 10 CITY OF OCOEE, FLORIDA 11 (WEST OAKS MALL) 12 13 14 15 16 WHEREAS, on January 26, 1995, the City Commission of the City 17 of Ocoee, Florida approved the Development Order for the Lake Lotta 18 Mall Development of Regional.Impact (the "Development Order); and 19 20 WHEREAS, in accordance with Section. 380.06(19), Florida 21 Statutes, GGP/Homart, Inc., a Delaware corporation, as legal 22 successor to Homart Development Co., a Delaware corporation (the 23 "Developer"), filed a Notification of Proposed Change to a 24 Previously Approved DRI (11NOPC11) with the City of Ocoee (the 25 "City"), the East Central Florida Regional Planning Council 26 ("ECFRPC") , and the Department of Community Affairs (11DCA10) 27 requesting an amendment to the Development Order to convert floor 28 area approved for shopping center use to theatre use; and 29 30 WHEREAS, the City has held any and all required public 31 hearings with due public notice and determined that the requested 32 amendment does not constitute a substantial deviation within the 33 meaning of Section 380.06(19), Florida Statutes; and 34 35 WHEREAS, the requested amendment is consistent with applicable 36 local and state regulations. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City Commission of the City of Ocoee, Florida, that, based upon the Findings of Fact and Conclusions of Law set forth below, this First Amendment to the Lake Lotta Mall Development of Regional Impact ("First Amendment") is APPROVED pursuant to Section 380.06, Florida Statutes, subject to the following terms and conditions: PART I. FINDINGS OF FACT AND CONCLUSIONS OF LAW The City. Commission of the City of Ocoee, Florida ("the Ocoee City Commission") hereby makes the following Findings of Fact and Conclusions of Law: 1. The amendment to the Development Order as set forth in the NOPC has been approved at a duly noticed public hearing. 54 2. The amendment to the Development Order as set forth in the NOPC does not constitute a substantial deviation within the meaning, of section 380.06(19), Florida Statutes. 3. . The amendment to the Development Order as set forth in the NOPC is consistent with the Ocoee Comprehensive Plan, as amended, and the Ocoee Land Development Code. PART II. SCOPE OF FIRST AMENDMENT A. Condition of Approval 3 in Part II.A. of the Development Order is hereby amended to read as set forth on Schedule 1 attached hereto and by this reference incorporated herein. B. Condition of Approval 4 in Part II.A. of the Development Order is hereby amended to read as set forth on Schedule 2 attached hereto and by this reference incorporated herein. C. Condition of Approval 10 in Part II. C. of the Development Order is hereby created to read as follows: The Developer shall, as part of the Traffic Monitoring and Modelling required to proceed to Phase 2, conduct a study to determine the trip generation 'of the movie theatre. D. Condition of Approval 12 in Part VII. B. of the Development Order is hereby amended to read as follows (with additions underlined): The Development Summary Table (Exhibit X) shall be completed each year to summarize development activity and to project anticipated activity for the coming year. The Lake Lotta Mall DRI Status Report Table (Exhibit Y_ shall be completed each year for the Annual Report and within thirty (30) days of issuance of a Certificate of Occupancy for any development activity in order to document the GLA and GSF of uses approved in the Development Order. E. Except as specifically amended by this First Amendment, the terms and. conditions of the Development Order shall remain in full force and effect as originally issued. PART III. RECORDING Within ten (10) days of the issuance of this First -Amendment, the Developer shall cause a Notice of the Modification of the Development Order to be recorded, at the Developer's expense, with the Clerk of the Circuit. Court of Orange County, Florida in which the development is located. This notice shall meet the OA 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 requirements of Section 380.06(15)(-f), Florida Statutes. The recording of this notice shall not constitute a lien, cloud, or encumbrance on the Property, or' actual or constructive notice of any such lien, cloud, or encumbrance. PART IV. EFFECTIVE DATE This First Amendment shall become effective forty-five (45) days after rendition to DCA or after issuance of a Final Order by the Florida Land and Water Adjudicatory Commission approving the First Amendment, whichever occurs later. ' PART V. SIGNATORIES ISSUED THIS DAY OF Attest: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1997. FOLEY & LARDNER By: Paul E. Rosenthal, City Attorney 3 -1997. CITY CITY OF OCOEE, FLORIDA By: S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT A REGULAR MEETING HELD ON , 1997 UNDER AGENDA ITEM NO. 1 2 3 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared S. -SCOTT VANDERGRIFT and JEAN GRAFTON, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally acknowledged executing the same freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this day, of , 1997. 4 Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires Cf not legible on seal): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DEVELOPER GGP/HOMART, INC., a Delaware corporation By: Printed Name: Title: (CORPORATE SEAL) Executed on: STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as of GGP/HOMART, INC., a Delaware corporation, and who [ ] is personally known to me or [ ] produced as identification, and that he acknowledged executing the same on behalf of said corporation, freely and voluntarily, for the uses and purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1997. AAIMMFNDMO110121971OCOMMALL SKIMHF.Iod F Signature of Notary Name of Notary (typed, Printed or Stamped) Commission Number (f not legible on seal): My Commission Expires (if not legible on seal): SCHEDULE 1 (Page 1 ,of 2) For the purposes of this Development Order, "the Project" is the work and development that is to occur on the Property as permitted through this Development Order. The Project shall consist of no more than the following uses: Land Use Phase I (11/30/2000) Phase II (11/30/2003)* RETAIL GLA GSF GLA GSF Mall 1.100.000 1.245.276 150.000 155.955 Peri hersRetail 100.000 105.000 150.000 157.000 Total 1,200,000 1 50 276 300,000 312,955 Land Use Total All Phases Parking RETAIL GLA GSF GLA Mall 1,250,000 1,401,231 6,250 Spaces Peripheral Retail 250,000 262,000 1,250 Spaces Total 1,500,000 1,663,231 7,500 Spaces GLA = Gross Leasable Area GSF = Gross Square Feet • •WNW111 �_! ,•! •!. ,Iwo 111MIMu•_! • • • 111 • , �.. •, •• • 111 • • . ! 1 •n".011.441 "� •. . ! • • 111 • 11-112-01 11MIT.M.•• •.•• •!. RON•. ! �! • ! ! !••• ! •. Theatre Space (Sq. Ft.) Actual Built (9/97) Proposed Additional Equivalent Shopping Center Space Total 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) This Development Order has extended the dates of each phase by 2 years 11 months after the dates provided in the ADA. Extensions to the phase dates may be made pursuant to §380.06(19), Florida Statutes. Any future extensions shall be reviewed cumulatively with the extensions provided by this Development Order condition to the original phase dates projected in the ADA. SCHEDULE 1 (Page 2 of 2) 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. RETAIL USES include all uses permitted under the City Land Development Code within a C-2 Zoning District, including, but not limited to, retail mall, retail, restaurants, a movie theatre, an auto service/gasoline sales center and related retail activities, but expressly excluding the following uses which are hereby prohibited: gasoline stations, automobile sales, commercial convenience stores with or without gas sales, drive-in restaurants with no inside seating, equipment sales, miniature golf courses, pawn shops, funeral homes, nursing homes, non -retail galleries and non -retail museums. Notwithstanding the foregoing or any provision to the contrary contained in this Development Order, no more than 50,000 gross square feet ofthe Project's Retail Uses approved by this Development Order shall be developed for use as medical, dental, or professional offices. Attached hereto as Exhibit "C" and by this reference made a part hereof is Table 5-1, Use Regulations, of the City of Ocoee Land Development Code which sets forth those land uses permitted within a C-2 Zoning District. 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 of modifying this Development Order, under the following parameters: (i) 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 MO Retail; (ii) 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 increase the Peripheral Retail as set forth above unless the City determines that the additional on-site and near -site traffic analysis is satisfactory; (iii) 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 (iv) The Developer shall include in the Annual Report any increases in the Peripheral Retail pursuant to the provisions set forth above. SCHEDULE 2 The Project shall consist of no more than 1,663,231 gross square feet of retail space with 7,500 parking spaces on 130 acres as more fully set forth in Condition 3 of Part II(A) above and shall be developed in accordance with the revised Master Development Plan dated February 24, 1995 (Revised Map H from ADA), which is presented as Exhibit "B" of this Development Order and by this reference incorporated in this Development Order. The foregoing includes a movie theatre with up to 6i,656 97,613 square feet (69;669 95,000 gross leasable area) and up to 3;699 5.000 seats, along with 500 parking spaces. EXHIBIT Y LAKE LOTTA MALL DRI STATUS REPORT PHASE 1 C:WLL_DATAICAPDFiLE1FORMSIFORMS 178.doc II +� ��Li E. Durr, Jr. Mary Raulerson Egan 3 Bruce C. Hall l Carey S. Hayo Jay R. Hood - Gail D. Lacey September 4, 1997 GLERG John H. Perry —! Daniel A. Preslar Mr. Russ Wagner Troy P. Russ J0CKS0� Director of Planning i Peter C. Sechler City of Ocoee Laura K. Turner KCRC�CR 150 Lakeshore Drive LJ. G. Wade Walker Noel O. Wainer Ocoee, Florida 32761 i G LI Re: West Oaks Mall GJ Project No. 9371.05 ^� 10P9 Dear Russ: s j9, e � SCP 3 0 1997 CITY OF ocou RI I 1111 R 1 Attached please find 14 copies of the revised NOPC for West Oaks Mall reflecting changes you requested. The changes provide numbers to be used in William J. Anglin, Jr. tracking the amount of shopping center space actually used.- David sed:David L. Barth l Jay H. Exum Also attached are 14 copies of the revised plan sheets showing the revised Note Jack F. Glatting P P g Timothy T. Jackson (6) for the Final Subdivision Plan and the revised Condition 11 of the 1 - William C. Kercher, Jr. Walter M. Kulash Conditions of Approval. Sharon K. Lamantia S. Raymond Lopez John F. Rinehart Sincerely, Carlos A. Asturrizaga Greg A. Bryla �J Richard 33 East Pine Street The Ellis Building Orlando, Florida USA 32801 P1 AMMIUr. License # EB 0005812 LC C000049 j Phone (407) 843-6552 - i Fax (407) 839-1789 email: corporate@glatting.com John Percy JHP\blp f:\admin2\09371-1\corres"1\rw70819 Enclosures cc: Jim Grant Hal Kantor Bill Kercher Martha Formella Paul Rosenthal E. Durr, Jr. Mary Raulerson Egan [J' Bruce C. Hall Carey S. Hayo Jay R. Hood - Gail D. Lacey John J. Moore III John H. Perry Daniel A. Preslar Troy P. Russ Julie Adams Scofield i Peter C. Sechler Laura K. Turner Ronald L. Urbaniak G. Wade Walker Noel O. Wainer 33 East Pine Street The Ellis Building Orlando, Florida USA 32801 P1 AMMIUr. License # EB 0005812 LC C000049 j Phone (407) 843-6552 - i Fax (407) 839-1789 email: corporate@glatting.com John Percy JHP\blp f:\admin2\09371-1\corres"1\rw70819 Enclosures cc: Jim Grant Hal Kantor Bill Kercher Martha Formella Paul Rosenthal NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT LAKE LOTTA MALL (Now known as West Oaks Mall) Ocoee, Florida Prepared For: GGP/HOMART, INC. Prepared By:. GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. LOWNDES DROSDICK DOSTER KANTOR & REED, P.A. August 1996 Revised April 1997 Revised August 15, 1997 Revised September 3, 1997 LIST OF EXHIBITS Exhibit Thi k A Substantial Deviation Determination Chart i Page 0 y� FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive r Tallahassee, Florida 32399 904/488-4925 �4 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL Il4PACT (DRI) �Yl SUBSECTION 380.06(19)9 FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Jim Grant , the undersigned owner/authorized representative of GGP/Homart, Inc. , hereby give notice of a proposed change to a (developer) previously approved' Development of Regional Impact in accordance with Subsection I iLi 380.06(19), Florida Statutes. In support thereof, I submit the following information 0 concerning the Lake Lotta Mall DRI (now known as West Oaks Mall) development, which (original & current project names) ' information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to City of Ocoee to the U(local government) , � East Central Florida Regional Planning Council, and to the Bureau of State Planning, i Department of Community Affairs. �J J(Date) (Signature) f 2 GGP/Homart, Inc. 1000 Parkwood Circle, Suite 325 Atlanta, Georgia 30339 Telephone: (770) 541-6599 FAX: (770) 541-1087 Attention: Jim Grant 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Ocoee, Orange County, Section 21, Township 22 South, Range 28 East. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The following change is proposed: P The development program in the approved Development Order includes 1,250,000 square feet (sq.ft.) of gross leasable area (GLA) for Mall uses, including up to 60,000 sq.ft. GLA and up to 3,000 seats for a movie theatre. Up to 500 parking spaces are allocated for the movie theatre. 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 1.0 sq.ft. GLA of actual constructed AMC Theatre space to 1.3 sq. ft. GLA permitted " Shopping Center space, or 45,500 sq. ft. GLA (46,752 sq. ft. GSF). This would allow i3 2. Applicant (name, address, phone). GGP/Homart, Inc. Xerox Centre 55 W. Monroe Street, Suite 3000 Chicago, Illinois 60603-5060 Telephone: (312) 551-5000 FAX: (312) 551-5476 Attention: General Counsel 3. Authorized Agent (name, address, phone). GGP/Homart, Inc. 1000 Parkwood Circle, Suite 325 Atlanta, Georgia 30339 Telephone: (770) 541-6599 FAX: (770) 541-1087 Attention: Jim Grant 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. City of Ocoee, Orange County, Section 21, Township 22 South, Range 28 East. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The following change is proposed: P The development program in the approved Development Order includes 1,250,000 square feet (sq.ft.) of gross leasable area (GLA) for Mall uses, including up to 60,000 sq.ft. GLA and up to 3,000 seats for a movie theatre. Up to 500 parking spaces are allocated for the movie theatre. 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 1.0 sq.ft. GLA of actual constructed AMC Theatre space to 1.3 sq. ft. GLA permitted " Shopping Center space, or 45,500 sq. ft. GLA (46,752 sq. ft. GSF). This would allow i3 ~` a maximum total of 95,000 sq. ft. GLA (97,613 sq. ft. GSF) of movie theatre space and up to 5,000 seats. Parking for the theatre will be part of the Mall parking. The proposed ratio for the conversion is based on ITE trip generation data;no additional traffic impacts will be created. For the purposes of tracking the actual construction versus the approved square footage, the new theatre space must be converted to "equivalent shopping center" space and added to the "actual construction" as shown in the following table: Theatre Space (Sq. Ft.) Actual Built Proposed Additional Equivalent Shopping Center Space Total 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) 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Exhibit A. 7. List all the dates and resolution numbers (or other appropriate identification ! numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local `-` government adopted a new DRI development order for the project? There have been no previous changes to the originally approved DRI development order. There has been no change in local government jurisdiction. ! 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site ,_J subsequent to the. original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land uses within '/z mile on a project master site plan or other map. No lands have been purchased or optioned within 1/4 mile of the project site. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(6), Florida Statutes. t L_- 4 Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2, F.S. YES NO X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No change to the buildout or.phasing dates is proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code. No change to the local government comprehensive plan will be needed. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. No changes are proposed to the master plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; .ti The following amendments to the Development Order are proposed: 1) Revise Condition of Approval No. 3 to read as follows: 3. For the purposes of this Development Order, "the Project" is the work and development that is to occur. on the Property as permitted through this Development Order. The Project shall consist of no more than the following uses: 1J 5 Land Use Phase I (11/30/2000) Phase II (11/30/2003)* RETAIL GLA GSF GLA GSF Mall 1,100,000 1,245,276 150,000 155,955 Peripheral Retail 100,000 105,000 150,000 157,000 Total 1,200,000 1,350,276 300 000 1 312955 Land Use Total All Phases Parking RETAIL GLA GSF GLA Mall 1,250,000 1,401,231 6,250 Spaces Peripheral Retail 250,000 262,000 1,250 Spaces Total 1,500,000, 1,663,231 7,500 Spaces GLA = Gross Leasable Area GSF = Gross Square Feet 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 1.0 sq.ft. GLA of actual constructed AMC Theatre space to 1.3 sq. ft. GLA permitted Shopping Center fig, or 45.500 sq, ft. GLA (46,752 sq.ft. GSFI. This would allow -a maximum total of 95,000 sq. 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 app_ roval12lus the proposed additional theatre space in terms of equivalent shopping center space as shown in the following table: Theatre Space (Sq. Ft.) Actual Built Proposed Additional Equivalent Shopping Center Space Total Allowed' GLA - 56,683 35,000 45,500 102,183 60,125 --FIGSF 35,963 46,752 .. 106,877 ' Actual Built + Proposed Additional (Equivalent Shopping Center Space) ' This Development Order has extended the dates of each phase by 2 years 11 months after the dates provided in the ADA. Extensions to the phase dates may be made pursuant to §380.06(19), Florida Statutes. Any future extensions'shall be reviewed cumulatively with the extensions provided by this Development Order condition to the original phase dates projected in the ADA. n t_ 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. RETAIL USES include all uses permitted under the City Land Development Code within a C-2 Zoning District, including, but not limited to, retail mall, retail, restaurants, a movie theatre, an auto service/gasoline sales center and related retail activities, but expressly excluding the following uses which are hereby prohibited: gasoline stations, automobile sales, commercial convenience stores with or without gas sales, drive-in restaurants with no inside seating, equipment sales, miniature golf courses, pawn shops, funeral homes, nursing homes, non -retail galleries and non -retail museums. Notwithstanding the foregoing or any provision to the -7 contrary contained in this Development Order, no more than 50;000 gross square { feet of the Project's Retail Uses approved by this Development Order shall be developed for use as medical, dental, or professional offices. Attached hereto as Exhibit "C" and by this reference made a part hereof is Table 5-1, Use Regulations, of the City of Ocoee Land Development Code which sets forth those land uses permitted within a C-2 Zoning District. " 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 of modifying this _ Development Order, under the following parameters: j (i) 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; (ii) 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 increase the Peripheral Retail as set forth above unless the City determines that the additional on-site and near -site traffic analysis is satisfactory; (iii) The Developer shall not be entitled to increase the Peripheral Retail r 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 1, (iv) The Developer shall include in the Annual Report any increases in the Peripheral Retail pursuant to the provisions set forth above. 2) Revise Condition of Approval No. 4 to read as follows: I J l C i I ` - 7 4. The Project shall consist of no more than 1,663,231 gross square R' feet of retail space with 7,500 parking spaces on 130 acres as more fully set forth in Condition 3 of Part H(A) above and shall be developed in accordance with the revised Master Development Plan dated February 24, 1995 (Revised Map H from ADA), which is presented as Exhibit "B" of this Development Order and by this reference incorporated in this Development Order. The foregoing ~- includes a movie theatre with up to 6i,659 97,613 square feet (66,666 95,000 gross leasable area) and up to 3;666 5.000 seats, along with 500 parking spaces. 3) Add new Condition of Approval to read as follows: ' The Developer shall, as part of the traffic Monitoring and Modeling required to proceed with Phase 2, conduct a study to determine the trip generation of the movie theatre. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No change is proposed to the legal description. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change is proposed; physical development has commenced. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; No change is proposed. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and No change is proposed. -f. Proposed -amended -development order specifications, for the annual report, ~' including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. No change is proposed. Exhibit A SUBSTANTIAL DEVIATION DETERMINATION CHART Land Use DRI Change Category Original Development Order Previously Approved Changes Proposed Changes Wholesale, Retail Service Acreage 130 No change -- • Mall Gross Square Feet 1,401,231 No change - No change Parking Spaces 6,250 No change No change • Movie Theatre* Gross Square Feet 62,650 No change 97,613 Seats 31000 No change 5,000 Parking Spaces 500 No change No change • Peripheral Retail Gross Square Feet 262,000 No change No change Parking Spaces 1,250 No change No change • Total Gross Square Feet 1,663,231 No change No change Parking Space 7,500 No change . No change External Trips (ADT) 70,691 No chane No,chane * Movie Theatre numbers are included in the Mall figures. Each gross square foot actually used for movie theatre reduces.the square footage available for other Mall uses by one square foot. Original Development Order allowed up w 61,650 gsf (60,000. GLA) of Mall space to be used for a movie theatre,.with up to 3,000 seats and up to 500 parking spaces allocated to the movie theatre. 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 1.0 sq.ft. 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 allow a maximum total of 95,000 sq. 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: Theatre Spaces (Sq. Ft.) Actual Built Proposed Additional Equivalent Shopping Center Space Total 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) The total number of external trips will not change based on ITE trip generation data. E