HomeMy WebLinkAboutIII (H) Approval and Acceptance of Maguire Road Corporation Vested Rights Appeal Order as presented by Attorney Scott Clark AGENDA 9-19-95
"CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" Item III H
Ocoee
O � 1O COMMISSIONERS
'� CITY OF OCOEE RUSTY JOHNSON
+• O. PAUL W.FOSTER
v s(1_5___}?
0 150 N.LAKESHORE DRIVE SCOTT A.GLASS
f'e OCOEE,FLORIDA 34761 2258JIM GLEASON(407)656-2322
CITY MANAGER
�'� Op GpO� ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: September 15, 1995
RE: MAGUIRE ROAD CORPORATION VESTED RIGHTS APPEAL
Pursuant to your request, Maguire Road attorney, Mr. Clark, has provided the attached
Order as a result of your actions on September 5, 1995. Staff has not received any other
back-up information other than the Order but has been advised by Mr. Clark that other
information shall be available regarding the attached Order by Tuesday night's meeting.
Res I ectfully bmitted,
//,, ,
- -. _ .11.. 111)3
CITY COMMISSION OF OCOEE,FLORIDA
IN THE MATTER OF
MAGUIRE ROAD CORPORATION
APPEAL OF CERTIFICATE OF VEST) (G NO. CV-95-01
ORDER
A hearing was held before the City Commission of Ocoee,Florida on September 5, 1995
to consider an appeal by Maguire Road Corporation of Certificate of Vesting No. CV-95-01.
After consideration of the evidence contained within the record and the testimony offered
at the hearing, the City Commission determines that the appeal of vi
hereby granted and that Certificate of V No. amendedm Road Corporation h
below: eating CV-95-01 is in the manner set forth
1. The first sentence of Paragraph V on page 2 is amended to read as follows:
"not to emceed (a) 480 multi-family residential
dwelling units and 3,106 Average Daily Trips on
Parcel A as described in the RLUP;and(b) 107,589
gross square feet of commercial space and 12,255
Average Daily Trips on Phases U and III of
Commercial Parcel F as described in the 1992
Commercial Preliminary Subdivision Plan."
2. Paragraph I4(A)(i) of the Conclusions of Law on Page 7 is amended to provide
for.3,106 Average Daily Trips in place of 2,322 Average Daily Trips.
3. Conclusion of Law 14(B)(1)is amended to read as follows:
"Tratfc Circulation: vested for 107,589 square feet
of commercial space with 5,384 Average Daily
Trips for Phase II and 6,871 Average Daily Trips
for Phase IIT."
4. Paragraph I4(B)(iv) is amended to provide vesting for 107,589 square feet cf
commercial space.
5. Conclusion of Law 16 is amended to add the following sentence:
"This paragraph shall not be construed to prevent
the Applicant from making a future application for
•
vested rights for the property pursuant to Section 1-
S.1(C)(I)(b)of the Ocoee Land Development Code."
6. Paragraph VIII on Page 9 is amended to add the word"substantial" immediately
arzer the word "development's"at the end of the third line thereof.
It shall be further amended to add the following sentence:
"Nothing in this paragraph shall be construed to
prevent the Applicant from making any future
requests for amendment to any of the above-
referenced plans or agreements, and in the event
thereof, the vested rights granted hereunder shall
remain applicable to the extent that said amendment
does not exceed the maximum volume or intensity
of development set forth herein."
7. The Conclusions of Law are amended to add the following Paragraph 14(C)under
Conclusions of Law:
"As to the Average Daily Trip litaitations expressed
herein, the parties intend that the property shall be
vested for the number of trips anticipated to be
generated by the density of development described
in 14(A)and 14(B)above based on the Institute of
Transportation Engineer's Trip Generation Manual,
Fifth Edition. To the extent that the City may assert
in the future that a different standard for measure of
Average Daily Trips should be applied or that
permitted uses on the property exceed the Average
Daily Trip counts contained within the Certificate,
the vesting granted hereunder shall extend to such
reasonable additional trips as may be necessary
using said methodology."
DATED this day of , 1995.
CITY OF OCOEE,FLORIDA
By:
S. Scott Vandergrift,
Attest_:
Mayor
Scan Gratton,
City Cleric