The URL can be used to link to this page

Home My WebLink AboutDLI Properties, Inc. Oviedo Marketplace First Amend -2006 02 27 THIS INSTRUMENT WAS PREPARED BY MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 06228 PGS 1402 - 1408; (7pgs) CLERK'S # 2006071290 RECORDED 05/03/2006 09:59:16 AM RECORDING FEES 61.00 RECORDED BY H Bailey Rebecca Furman, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 AND SHOULD BE RETURNED TO: Anthony A. Garganese, City Attorney 225 E. Robinson Street, Suite 660 Orlando, Florida 32802 CITY OF WINTER SPRINGS FIRST AMENDMENT TO THE DRI DEVELOPMENT ORDER FOR OVIEDO MARKETPLACE (FORMERLY KNOWN AS OVIEDO CROSSING) - WHEREAS, DLI Properties, Inc., a Florida corporation, filed an original Application for Development Approval entitled the "DLI Properties ADA" dated July 15, 1988 and additional information dated October 3, 1988 and December 12, 1988 (hereinafter together referred to as the "Original ADA") with Seminole County; and WHEREAS, Seminole County (hereinafter sometimes referred to as the "County") issued a development order in connection with the Original ADA dated March 10, 1990, and recorded March 20, 1990, in Official Records Book 2162, Page 1612, Public Records of Seminole County, Florida (hereinafter referred to as the "Original Development Order"); and WHEREAS, the Project as described in the Original ADA was modified in connection with the filing of a Notification of Proposed Change in 1993 and pursuant to which the County issued the First Amendment to Development Order dated June 2, 1993 and recorded June 30, 1993 in Official Records Book 2608, Page 117, Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment"); and WHEREAS, the Original Development Order and the First Amendment shall be jointly referred to as the "First Development Order;" and WHEREAS, the First Development Order set forth certain conditions with respect to the development of certain property in Seminole County as described therein (hereinafter referred to as the "Seminole County Property"); and WHEREAS, the First Development Order contemplated that the Seminole County 0009771 \1 03718\829957\2 Property would be developed into a mixed use project as contemplated in the Original ADA (which, as modified herein shall hereinafter be referred to as the "Oviedo Marketplace Project" or the "Project"); and WHEREAS, The Viera Company, a Florida corporation (hereinafter referred to as the "Developer") whose address is 7380 Murrell Road, Suite 201, Oviedo, Florida 32940 is the successor in interest to DLI Properties, Inc. and had the authority to and did seek a substantial deviation of the First Development Order with respect to the Project on the Seminole County Property, all in accordance with Section 380.06(19), Florida Statutes; and WHEREAS, the County issued a Substantial Deviation Development Order for Oviedo Crossing dated September 1995 and recorded October 27, 1995 in Official Records Book 2985, Page 1730, as amended and superceded pursuant to that certain First Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated December 16, 1997 and recorded February 11, 1998 in Official Records Book 3369, Page 1077, as further amended and superceded pursuant to that certain Second Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated August 31, 1998 and recorded October 15, 1998 in Official Records Book 3516, Page 1672, as further amended and superceded pursuant to that certain Third Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated May 7,2001 and recorded May 11, 2001 in Official Records Book 4075, Page 0478, all of the Public Records of Seminole County, Florida (hereinafter referred to as the "County Substantial Deviation Development Order"); and - WHEREAS, subsequently, the Developer annexed a portion of the Project into the City of Winter Springs; and WHEREAS, in accordance with Section 380.06(15)(h), Florida Statutes, in May, 2001 the Developer filed the County Substantial Deviation Development Order for approval by the City of Winter Springs; and WHEREAS, with respect to that portion of the Project annexed in to the City of Winter Springs, the City of Winter Springs issued that certain City of Winter Springs DRI Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated November 12, 2001 and recorded January 17, 2002 in Official Records Book 4298, Page 1855 of the Public Records of Seminole County, Florida (the "Winter Springs DO"); and WHEREAS, the Developer in November 2005 filed a Notification of Proposed change to a Previously Approved Development of Regional Impact with respect to the Project on the Property in accordance with Section 380.06(19), Florida Statutes, for the purpose of, among other things: (a) to change the build out date of Phase III; (b) including residential units on Parcel 14; and (c) reducing the amount of retail; and WHEREAS, the City of Winter Springs has reviewed the Developer's request and finds that the extension of the build out dates is not a substantial deviation under the criteria set forth in Section 380.06(19), Florida Statutes; and WHEREAS, the City of Winter Springs has reviewed the Developer's request and finds - - 2- 0009771\103718\829957\2 that the inclusion of residential units is not a substantial deviation under the criteria set forth in Section 380.06(19), Florida Statutes, and the statutory presumption has been rebutted by the information submitted in support of the NOpe; and that NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City 1. The Project's Summary of ApprovedlProposed Development as found in Section II, paragraph 15 of the Winter Springs DO shall be deleted and replaced with the following: -- Retail Services 316,400 SF 4.1 386 Office 79,000 Beds 7.5 300 Hospital (4) o to 120 Beds 240 Residential 284 DU 34.9 N/A Note: (1) Includes a hospital related wellness center. (2) Includes, but not limited to, Office, Clinical Facilities, and up to 120-bed Hospital. (3) Phase 2 includes a Regional Shopping Center with approximately 1,200,000 SF of gross leasable area. This is approximately equivalent to 1,450,000 SF of gross floor area. A portion of the Regional Shopping Center may include a multi-screen movie theater. (4) The hospital structure for 120 beds may contain approximately 170,000 square feet. The 120- bed hospital may be exchanged with office/clinical use in Phase 2 based upon traffic impact with a like amount of development transferred into Phase 3. -3- 0009771 \1 03718\829957\2 Retail Services/Office Office Hospital/Office 1,835,597 SF 205,800 SF 104,981 SF o to 120 Beds 284 DU 135.4 20.4 15.6 9,886 600 650 240 Residential Stormwater Ponds/BoITow Pits Wetland Conservation Canals and Canal Easements o enS ace Right-of-Way Total 34.9 48.6 89.3 20.2 36.0 30.8 431.2 11,376 The dates reflected in the above tables extend the build out date of Phase 3 by two (2) years, any dates in the Winter Springs DO shall be deemed to conform, including but not limited to those dates found in Section IV, paragraphs 12 and 15. 2. The Project's Summary of Land Use contained in the City of Winter Springs as found in Section II, paragraph 16 shall be deleted and replaced with the following: .- Retail/Office 131,000 SF 14 15.1 655 Residential up to 100 units Open Space - Upland Conservation 5.2 Open Space - Wetland Conservation 29.2 :t 49.51 131,000 SF 655 Total up to 100 units Notes: 1 Parcel acres shown are approximate and, during final planning and platting, parcel size may vary - - 4- 0009771\1 03718\829957\2 Source: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., July 1999. 3. Exhibit "C" of the Winter Springs DO; the Equivalency Matrix, shall be deleted in its entirety and replaced with the following Exhibit "C" attached hereto. 4. The Winter Springs DO shall continue in full force and effect as heretofore except as expressly amended hereby. ADOPTED and approved subject to the conditions set forth herein on this ~7"t'h day of ~bfu"'ll 'I ,2006 by the City Commission of the City of Winter Springs, Florida. - 5- 0009771 \ I 03718\829957\2 ATTEST: CITY COMMISSION OF CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH Mayor City of Winter Springs Joan L. Brown Deputy City Clerk Date: For use and reliance of Winter Springs City Commission only. approved as to form and Legal sufficiency. City Attorney As authorized for execution by the City Commission, City of Winter Springs, at their February 27, 2006 regular meeting. STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this 4th day of April, 2006, by John F. Bush as Mayor of the CITY OF WINTER SPRINGS CITY COMMISSION, on behalf of the City. He/She is personally known to me or produced as identification and did not take an oath. '1) Ancn. ....... ....... ! . . My CommIIIIoll D02OII1O ''t -,. ';I ExplntI MIry 09. 2007 Andrea Lorenzo-luaces Name of Notary NOTARY PUBLIC, STATE OF FLORIDA Commission No.: My Commission Expires: 5/9/07 Exhibit 'C' Oviedo Marketplace DRI Equivalency Matrix