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HomeMy WebLinkAboutLetter; Final OrderY �f STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida MEDIANET, INC., AND OLC, INC., Petitioners, vs, DEPARTMENT OF TRANSPORTATION, Respondent, DOT CASE NO.: 99-021 S DOAH CASE NO.: 99-3787T FIN&L ORDER 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 TRANSPORTATION (hereinafter DEPARTMENT), on July 20, 1999, informing MEDIANET that its applications for eighteen (18) state sign permits were denied because insufficient documentation of landowner permission had been submitted with the applications. Prior to the matter being heard, the parties entered into a Joint Stipulation of Settlement resolving all issues in the matter. FINDINGS OF FACT 1. On July 20, 1999, the DEPARTMENT issued a Notice of Denied Application for NIEDIANET'S eighteen (18) applications for state sign permit because insufficient documentation of landowner permission had been submitted with the applications. Page 1 of S RECEIVED THORNTON WILLIAMS a ASSOCIATES 2. On August 19, 1999. MEDIANET filed its Petition for Formal Administrative ProcecdL11g. 3. On October 29, 1999, the DEPARTMENT issued an Amended Notice of Denied Application which added land use issues as a basis for denial, 4. The matter was referred to. the Division of Administrative 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. !QONCLUSIONS_OF LAW 1, The DEPARTMENT has jurisdiction over the subject matter of and the parties to 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 request for hearing should be dismissed. QRPER Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that the Joint Stipulation of Settlement is approved. It is further Page 2 of 5 ORDERED that the Petition for Formal Administrative Proceeding filed by Petitioner, :NTEDIAINET, INC., and OLC, INC., is hereby dismissed. It is further ORDERED that Petitioners, MED1ANET, 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 Twnpft on parcels identified in the original applications that are the subject of this proceeding. The applications will be for locations within the same area as currently encompassed by the eighteen (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, MEDLANET, INC., and OLC, INC. All measurements 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 otherwise impair local government approval or present a conflict with existing structures or features on the property. If is further Page. 3of5 ORDERED that within thirty (30) days of receipt of complete applications for the foregoing locations, Respondent, DEPARTMENT OF TRANSPORTATION, will issue state sign permits therefor. DONE AND ORDERED this 17Aday of November, 2000, THOMAS R BARRY, JR., E. Secretary Department of 'Transportation Haydon Burns Building. 605 Suwannee Street Tallahassee, Florida 32399 Page 4 of 5 l J NOTLU OF RIGHT TO Ak AL THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED PURSUANT TO SECTION 120.683 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)I FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYI)ON 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 Assistant Gencral Counsel Department of Transportation Flavdon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Paul Sexwn, F.,squire Thornton Williams and Associates 215 South Monroe Street, Suite 600-A Tallahassee, Florida 32302 Juanice Hagan Assistant State Right of Way Manager for Operations Department of Transportation Haydon Burns Building, M.S. 22 605 Suwannee Street 'Tallahassee, Florida 32399-0450 Clark Turberville District Four ODA Administrator Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Page 5 of 5