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HomeMy WebLinkAboutOrdinance 97-31 ORDINANCE NO. 97-~ 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 PUD, FORMERL Y 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 ~O\lEMQe~ , 1997. 3 ATTEST: Je (SEAL) FOR THE USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO Fp~ AND L~qALITY this Lf day of ~6~~~ , 1997. ::~EY/lJi~ City Attorney A:\MALLPUD.AM 110/16/971 OCOEE MALL DISK I MHF:jed APPROVED: CITY OF OCOEE, FLORIDA ~C:-'.! ~ C~) J,pr[ ~~. .. S. Scott Vandergrif , Mayor ADVERTISED October 16, 1997 READ FIRST TIME October 21, 1997 READ SECOND TIME AND ADOPTED Nb\lEI'I\Q.EA.. 4- , 1997 UNDER AGENDA ITEM NO. "\ZT. B ~ 4 EXHIBIT A (page 1 of 2) II. Floor Area: Maximum Gross Square Foota~e (~sf) Mall 1,401,231 sq.ft. 262,000 sq.ft. * 1,250,000 sq.ft. *250,000 sq."t. Maximum Gross Leasable Area (gla) Peripheral Retail Parcels Mall Peripheral Retail Parcels * 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 GSFl may be utilized for AMC Theatre by con\'erting 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. GSFl. This would allow a maximum total of 95.000 SQ. ft. GLA (97,613 sQ. ft. GSFl 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 GSFI 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 Allowedl GLA 56,683 35,000 45,500 102,183 GSF 60,125 35,963 46,752 106,877 I 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 EXillBIT 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) GLA = Gross Leasable Area Note: GSF = Gross Square Feet 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-l 5,176 sq.ft. 5,424 sq.ft. D-2 13,007 sq.ft. 13,631 sq.ft. 2A 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.