HomeMy WebLinkAboutLetter; Final Order of Deniali , i
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida.
MEDIANET, INC., AND OLC, INC.,
Petitioners,
vs, DOT CA;SE'NO,: 99-0215
DOAH CASTE NO.: 99-3787T
DEPARTMENT OF TRANSPORTATION,
Respondent,
Films ORDER
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This proceeding was initiated by a Petition for Formal Administrative Proceeding -filed
by Petitioners, MEDIANET, INC., and OLC, INC. (hereinafter MEDIANET), on August
20, 1999. The request for hearing was filed in response to a Notice of Denied Application
issued by Respondent, DEPARTMENT OF TRANSPORTATIION (hereinafter
DEPARTMENT), on July 20, 1999, informing MEDIANET &t its applications for eighteen
(18) state sign permits were denied because insufficient documentation of landowner
permission had been submitted with the applications. Prior to a matter being heard, the
parties entered into a Joint Stipulation of Settlement resolving all issues in the matter.
FINDINGS OF FAC
1. On July 20, 1999, the -DEPARTMENT issued a Notice of Denied Application for
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MEDIANET'S eighteen (18) applications for state sign permit Because insufficient
documentation of landowner permission had been submitted with the applications.
Page 1 of 5 RECEIVED
THORNTON WILLIAMS
6 ASSOCIATES
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2. On August 19, 1999. MEDIANET filed its Petition for Formal Administrative
Proceeding.
3. On October 29, 1999, the DEPARTMENT issued an Ariiended Notice of Denied
Application which added land use issues as a basis for denial, 1,
4. The matter was referred to the Division of Administratlive Hearings (hereinafter
DOAH) on September 9, 1999.
5. On October 20. 2000, after numerous continuances, but prior to the matter being
heard, the parties entered into a Joint Stipulation of Settlement and Joint Motion to Relinquish
Jurisdiction, which is attached hereto and incorporated herein. Linder the terms of the Joint
Stipulation of Settlement, the DEPARTMENT agreed to issue twelve (12) outdoor advertising
sign permits to MEDIANET. All issues involving the appropriateness of issuing sign permits
for the locations were resolved by the Joint Stipulation of Settlement, which also serves as the
withdrawal of the request for hearing submitted by MEDIANET.1
!CONCLUSIONS _OF -LAW
e DEPARTMENT has jurisdiction over the subject (',matter of and the parties to
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this proceeding pursuant to Chapters 120 and 479, Florida Statutes,
2. Because the parties have entered into a Joint Stipulation of Settlement pursuant to
which MEDIANET has withdrawn its Petition for Formal Administrative Proceeding, the
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request for hearing should be dismissed.
-QRQER
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Based on the foregoing Findings of Fact and Conclusions of Law, it is
ORDERED that the Joint Stipulation of Settlement is apprloved. It is further
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ORDERED that the Petition for Formal Administrative Proceeding filed by Petitioner,
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NTEDIA_NET, INC., and OLC, INC., is hereby dismissed. It is further
ORDERED that Petitioners, MEDIANET, INC., and OLC, INC., shall promptly
complete applications for outdoor advertising sign permits for twelve (12) signs mounted in a
V-type configuration on six (6) structures adjacent to the Florida,Turnpike on parcels identifiers
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in the origival applications that are the subject of this prooeedingl The applications will be for
locations within the same area as currently encompassed by the esghteen (18) applications that
are the subject of this proceeding. It is further
ORDERED that the foregoing applications will be for locations spaced from 1,000 feet
to 1,990 feet apart, starting 1,500 feet to 1,900 feet away from the nearest structure to, the east
that is not owned by Petitioners, MEDIANET, INC., and OLC�, INC. All measurements .
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will be from the centerline of the "V" of each sign structure. Petitioners, MEDIANET,
INC,, and OLC, INC., will make a good -faith effort to locate the sign structures from 1,850
feet to 1,980 feet apart, measured from the centerline'of the "V" of each sign structure. The
exact locations will be subject to local government approval, local setback requirements,
existing structures or features on the property (such as roads and drainage ditches), and the
alignment of trees on the property. If Petitioners, MEDIANET; INC., and OLC, INC., do
not locate the sign structures between 1,850 feet and 1,950 feet apart, and fail to provide a
statement of a reason for not so doing, Respondent, DEPARTMENT OF
TRANSPORTATION, may require adjustments to the sign locations which would not
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otherwise impair local government approval or present a conflict (with existing structures or
features on the property. If is. further
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ORDERED that within thirty (30) days of receipt of corn!plete applications for the
foregoing locations, Respondent, DEPARTMENT OF TRANSPORTATION, will issue
state sign permits therefor.
DONE AND ORDERED this 11'744 day of November, 2000.
THOMAS F,', BARRY, 1R., E.
Secretary
Department of Transportation
Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399
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NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTIUN -AND MAY BE
APPEALED PURSUANT TO SECTION 120.685 FLORIDA. STATUTES, AND RULES 9.110
AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE
OF APPEAL CONFORMING TO'THE REQUIREMENTS OF RULE 9.110(d), FLORIDA
RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT
COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FM AND
WITH. THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS
BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-0458,
WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
Copies furnished to;
Robert M. Burdick, Esquire Juanice Hagan
Assistant General Counsel Assistant State Right of Way Manager
Department of Transportation for Operations
Haydon Burns Building, M.S. 58 Department of Transportation
605 Suwannee Street Haydon Burns Building, M.S. 22
Tallahassee, Florida 32399-0458 605 Suwannee Street
Tallahassee, Florida 32399-0450
Paul SeXLM F.,squire
Thornton Williams and Associates
215 South Monroe Street, Suite 600-A
Tallahassee, Florida 32302
Clark Turberville
District Four ODA Administrator
Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
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