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HomeMy WebLinkAbout2004 02 09 Informational 305 COMMISSION AGE~NDA ITEM 305 CONSENT . INFORMA TIONAL X PUBLIC HEARING REGULAR February 9, 200'! Meeting ./ ;yY MGR./l./' IDEPT Authorization REQUEST: Community Development Department is advising the City Commission of a proposed change of use from retail to retail and office in an adjacent portion of the Oviedo Marketplace Development of Regional Impact (DRI). PURPOSE: This agenda item is to advise the Commission of a proposed change of use for Parcel 13 of the Oviedo Marketplace DRI, which abuts at least one lot in Tuscawilla Unit 13. The proposed change would convert approval for 2,300 square feet of retail to 10,000 square feet of office space for medical purposes. Parcel 13 had been approved for as much as 200,000' square feet of retail and no office area. The proposed transfer of.,uses would convert 2,300 square feet of this retail to 10,000 square feet of office, with 197,700 square feet of retail still allowed. CONSIDERATION: Staff received the attached letter on January 26, 2004, and called the attorney's office for confirmation of the location. The attached fax was subsequently provided. Staff also commented that it seemed unusual that the Fourth Amended and Restated Substantial Deviation Development Order to this project in Seminole County is reported to have been recorded in the public records of Brevard County. When staff contacted Oviedo Planning Director Bryan Cobb about the letter on January 28, he stated that Oviedo had not yet received any such correspondence regarding the actual exchange/transfer and asked that we fax the letter and map to him. RECOMMENDATION: None required ATTACHMENTS: Letter and Map COMMISSION ACTION: RECEIVED JAN 2 6 2004 THE . "VIERA . : COMpANY. VIA CERTIFIED U.S. MAIL! . . RETURN RECEIPT REQUESTED, CllY OF WINTER 'SPRINGS. Current Plannmg January 22,2004 Mr. Tony Matthews Senior Planner, Seminole County Services Building' 1101 E. First Street Sa!iford, FL 32773 Ms. Sandra Glenn East Central Florida Planning Council . 631 Wymore Road Maitland,FL 32751 . Mr. Tom Walker City of Oviedo 400 Alexandria Blvd. Oviedo,FL 32765 Mr. 'Charles Gauthier Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Re: The Viera Company (the "Developer") - Amended Oevelopment Order for a Development of Regional Impact known as the Oviedo Marketplace (formerly known as Oviedo Crossing) Development of Regiomil Impact (the "Oviedo Marketplace DiU"), amended, adopted and approved by the City Council of the City Of Oviedo on May 20, 2002, as described in Fourth , Amended and Restated .Substantial Deviation Development Order for Oviedq Marketplace (formerly known as Oviedo Crossing) rec?,rded in Officiai Records Book 4571 at page 1283, Public Records of Brevard County, Florida (the "Oviedo Marketplace DJU Developmerit Order"). ~ .. NOTICE OF AJLLOW ABLE LAND USE EXCHANGES AND TRANSFERS . Pursuant to numbered Paragraph t 5 of Section II of the Oviedo. M~rketplace DRl Development Order, notice is hereby given thirty (30) days in advance of the Developer's intention to make the following allowable land use transfer of retail services space to office space for medical purposes within a parcel within Oviedo Marketplace DR!: . . . OVIEI?O MARKETPLACE EXCHANGE ExchilDe:e . Land Use: Retail Services. 2,300 s.f. of "Retail Services Use" converted to 10,000 square .feet of "Office Use" for medical purposes in Parcel 13. '7~~() ).,{l1rre.11 'Q"..,,l <::11:1-03 7"ru . \/:""..'" t:l,.....:...tn 11011" . T,.,I^-.h,....:,.,. (.111\ 1A., 11'"'(\ . t:'.._~:_:1... /1,1\ ,e') 10^" o ,,- . ' Pre;Transfer ApprovedLand Uses:, Parcel "13" - , Retail Se}\Tices Office (medical purposes) 200,00b s.f: o s.f. Post-Transfer Approved Land Uses: . Parcel ,"IT' - R~tail Services Office (medical purposes) 197,700 s.f. 10,000 s.f. . The foregoing allowable land use' exchange complies with the appliCable requirements for such landuse transfers as set forth in Paragraph 15 of Section II,' the Master. Development Plan (Map H) and Exhibit F . of the Oviedo Marketplace DRI Development Order. The post4ransfer uses will not exceed. the ma~i.mum ~llowable by phase and cumulatively f9r eac~ such use under the Oviedo marketplace DR! Development Order. . The transfer proposed in this letter is based on the approved Development Order. of May 20,2002. All previous land usetransfers and exchanges have been reported in the Oviedo Marketplace DR! . Development Order referenced above. Therefore, therequirerilent of a cumulative report regardit'1g prior allowable exchanges is not applicable at this time. THE VIERA COMPANY 'I' , Enclosures:. Paragraph 15; Section II, Oviedo Marketplac~ DR! Development Order . Map H, Master Development Plan cc:' Mr. Stephen L. Johnson Ms. Mary Ellen McKibben Ms. 13etsy Bowman Ms. Carey Hayd Mr. John Moore Mr. Hassan Kamajl Mr. Jolin Baker . Mr. Ed Ely DRI/I)R/ Exchange/DRI Swap Ltr Oviedo Parcel 13 JAN. 26. 2004 5:10PM \ o (~... \ 6 \'? NO. 283 P.2/2 ~.: '~ (~ '\. . .""",,:, 0" ! i . . , I \ 1cmwl .t:=I City of Oviedo _ Seminole County _ City of Wint~~ Springs 1 Master ~Developme~~ PlaJIn. OVIEDO CROSSING Tht Vim Compao]' A\llIIIcallI GlattlDa JneboA ~~II' Au;Ihl Lapei lUIIohllrft IDe. i'Illjtl:l ~~Ilon PInmm 141R~ DrcslIItk I~r KAlla, It: Reell, 1'1\ Lcpl ~I ProfamlullDl BnglnccrIDg Colllllltallte, J1tt. ~ IlDIlaCft Kom. L J!ntjQ ConrnIIIIlg Ecologill ~lIlSd~LIsl Nomu~ llI9I ( lIOO uco