STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHEROKEE PROPERTIES, INC., ) and STILES TRUSTS, )

)

Petitioners, )

)

vs. ) Case Nos. 03-3485VR

) 03-3486VR

CITY OF TALLAHASSEE, )

)

Respondent. )

____________________________ )

FINAL ORDER

This cause came before the undersigned after the parties stipulated that there were no facts in dispute, and that the issues raised in the two proceedings had been resolved.

Therefore, they have waived their right to a final hearing. However, they have asked that a final order be entered memorializing the terms of their agreement. That agreement is set forth in a Substitute Joint Proposed Final Order filed on February 6, 2004. In broad terms, the parties have agreed that jurisdiction in Case No. 03-3485VR should be relinquished to the Director of the City's Growth Management Department so that he may extend the vested rights for certain parcels, and that in Case No. 03-3486VR a final order be entered extending the vested rights for another parcel for a period of three years. The stipulated facts are set forth below.

Both cases involve applications filed by Petitioners with the City of Tallahassee (City) for an extension of vested rights on certain property in the Hillcrest Planned Unit Development (Hillcrest PUD), which was approved by the City by Ordinance No. 79-0-1685 on June 26, 1979.

In 1990, the City approved the 2010 Tallahassee-Leon County Comprehensive Plan (Plan) imposing new objectives, goals, and policies for development within the City. That same year, the City also approved its Vested Rights Ordinance to preserve development rights for parcels that had begun the development process. Property owners who felt that they were entitled to vested rights applied to the City under Section 18-101, City Code of Ordinances.

Petitioners applied to the City for vested rights, and the applications were granted under file number VR0138T. The property was vested by the City under Certification of Vested Status issued on March 25, 1991, which vested 28.5 acres from consistency and concurrency requirements of the Plan, and set maximum densities of development.

On May 10, 1991, at Petitioners' request, the City granted an Amended Certification of Vested Status, clarifying the development rights remaining under the Hillcrest PUD.

On June 26, 2002, the City adopted Ordinance No. 02-0-32AA, which set a date certain (October 1, 2003) for termination of

vested rights within the City limits. That Ordinance also set up a process whereby property owners who felt that they should be allowed to retain vested rights could apply for an extension.

Petitioners, who own the remaining undeveloped portion of the Hillcrest PUD, have developed a large part of their property and believe that their continuing efforts at development warrant an extension of the vested rights they had obtained in 1991.

Based upon information presented to the City on the development within the PUD and visits to the site, the City agrees that the PUD has been developed to a large extent. It further agrees that Petitioners should receive an extension of vested rights.

More specifically, the City has agreed that the property in Case No. 03-3485VR is eligible for summary extension of vested rights, which can be granted by the Director of the City's Growth Management Department with instructions to approve a summary extension on Parcel Nos. 21-27-14-A3-0030; 21-27-14-A3- 0040; 21-27-14-A3-0050; and 21-24-20-015-0000.

The parties have further agreed that an extension of vested rights will be approved on Parcel No. 21-24-14-0001, with the following conditions:

1. During the three years extension of vested rights, the road serving the parcel shall be constructed; all conduit necessary for electricity to serve the parcel shall be

   installed; and water lines necessary to serve the parcel shall be installed in the roadway;

2. All infrastructure work (other than the roadway) shall be done to City standards, and all infrastructure shall be inspected and approved by the City;

3. The maximum amount of development on Parcel No. 21-24- 14-0001 shall be 44,000 gross square feet of office;

4. Although Petitioner had previously obtained a site plan approval for this parcel, the site plan expired in 2003. Therefore, Petitioner will be required to have a new site plan approved to preserve vested rights; and

5. All building permits for development on Parcel No. 21- 24-14-0001 shall be obtained prior to the expiration of the three year extension of vested rights. The vested rights on any portion of Parcel No. 21-24-14-0001 that does not have a building permit by the time this three year extension expires shall not be considered vested, and the parcel shall be developed under regulations in effect at the time the building permit is requested.

Based upon the foregoing, it is

ORDERED that jurisdiction in Case No. 03-3485VR be returned to the Director of the City's Growth Management Department for entry of a summary order extending the vested rights for Parcel Nos. 21-27-14-A3-0030; 21-27-14-A3-0040; 21-27-14-A3-0050; and

21-24-20-015-0000 granted by the Amended Certification of Vested Status on May 10, 1991, with no additional conditions. It is further

ORDERED that in Case No. 03-3486VR the vested rights on Parcel No. 21-24-14-0001 granted by the Amended Certification of Vested Status on May 10, 1991, shall be extended for three years from the date of the Final Order, with the conditions described in the main body of this Final Order.

DONE AND ORDERED this 13th day of February, 2004, in Tallahassee, Leon County, Florida.

S

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 13th day of February, 2004.

COPIES FURNISHED:

Guyte P. McCord, III, Esquire McCord, Bubsey & Ketchum, LLP

210 South Monroe Street Tallahassee, Florida 32301-1824

Linda R. Hurst, Esquire Office of the City Attorney City Hall, Box A-5

300 South Adams Street Tallahassee, Florida 32301-1731

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review in Circuit Court pursuant to Section 18-103(6)(b)6., Code of Ordinances.

Docket for Case No: 03-003486VR

Orders for Case No: 03-003486VR