20-001616 Lamar South Florida vs. Department Of Transportation Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 9, 2020.

3. Lamar owns and operates a second sign, which was not issued a Notice in the

current matter , bearing permit tags AU418 and A W392 ("Second Sign"). The Second Sign is

also located on the property of the Covered Wagon Trailer Park and is approximately 639 feet

away from the Subject Sign.

4. On May 14,2019 and September 13,2019, the Department issued Notices to Lamar

for each of the Subject Sign's facings. The Notices state that the nonconforming Subject Sign had

not displayed advertising copy for a period greater than 12 months and is thus deemed abandoned

pursuant to Rule 14-10.007(5)(b), Florida Administrative Code. The Notices further state that the

Department intends to revoke the Subject Sign's Permits due to the violation.

5. On August 8, 2019, Lamar requested a hearing challenging the Department's

Notices. The Petition was assigned DOT Case Nos. 19-047 and 19-067.

6. On January 02, 2020, the Department, finding no material facts in dispute in the

Petition, set the cases for an informal administrative law hearing.

7. On January 1 7, 2020, Lamar filed an Objection to Informal Hearing, Motion for

Leave to File Amended Request for Hearing Involving Disputed Issues of Material Fact, and

Motion to Refer Matter to the Division of Administrative Hearings.

8. On March 31, 2020, the Department referred this matter to DOAH .

9. On August 24, 2020, Mary Gibbs, F AICP, the Community Development Director

for the Village of Estero, emailed the Department and confirmed that the Covered Wagon Trailer

Park property is zoned "RV-3" (Recreational Vehicle). Ms. Gibbs explained that the Coveted

Wagon Trailer Park "property is being used exclusively as an RV and mobile home park. The

RV-3 district is residential and does not allow commercial or industrial use." (Ms. Gibbs' email

is attached as Exhibit "A").

10. The Department and Lamar have agreed to amicably resolve the issue without the

necessity of a hearing, under the terms set forth in the Stipulation.

CONCLUSIONS OF LAW

The Department has jurisdiction over the subject matter of and the parties to this

proceeding pursuant to Chapters 120 and 4 79, Florida Statutes, and Chapters 14-1 0 and 28-1 06,

Florida Administrative Code. Further, the Subject Sign and the Second Sign, do not meet the land

use requirements in accordance with Section 479.024, Florida Statutes. The Subject Sign and the

Second Sign are both legally permitted nonconforming outdoor advertising signs.

ORDER

Based on the foregoing Findings of Fact and Conclusions of Law, it is

ORDERED that the Department and Lamar stipulate that the Subject Sign and the Second

Sign are both legally permitted nonconforming outdoor advertising signs. Lamar and the

Department further stipulate that a reason for the nonconforming designation is due to the current

zoning detenninations which do not meet the requirements of Section 479.024, Florida Statutes.

It is further

ORDERED that Lamar may continue to maintain the Subject Sign and the Second Sign

as legally permitted nonconforming signs. Lamar must maintain both the Subject Sign and the

Second Sign in a manner consistent with all applicable Florida Statutes and Florida Administrative

Code rules. It is further

ORDERED that Lamar provide the Department with outdoor advertising consistent with

the attached Stipulation and incorporated herein to help promote the health, safety, and welfare of

the public. It is further

ORDERED that Lamar pay the Department $2,500 in attorney's fees and costs within 45

days of issuance ofthis Final Order. It is further

ORDERED that Lamar's request for an administrative hearing is DISMISSED. It is

further

ORDERED that the attached Stipulation of Settlement js incorporated into this Order by

reference .

DONE AND ORDERED day of October , 2020.

Secretary

Dep artm ent of Transportation

Haydon Bums Building

605 Suwannee Street

Tallahassee, Florida 32399

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, 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 FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

ORDER.

Copies furnished to:

David Tropin, Esq.

Assistant General Counsel

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

Michael Green

Outdoor Advertising Administrator

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0450

Matthew Bryant, Esq.

Jerry Livingston, Esq.

Pennington, P .A.

215 South Monroe St, 2nd Floor,

Tallahassee, FL 32301

FDQT\\)

...

Florida Department of Transportation

RON DESA!'o'TIS 605 Suwannee Street KEVIN J.l'HIBAULT, P . E.

GOVERNOR T allahassee, FL 32399 - 0450 SECRETARY

DELEGATION OF AUmORITY

I, J. Thibault, P .E., Secretary of the Florida Department of

Transportation, delegate to Torey Alston as the Chief of Staff and Courtney

Drummond, P .E. as the Assistant Secretary for Engineering and Operations, and

Stacy Miller, P.E . , as the Assistant Secretary for Finance and Administration, the

authority and responsibility to take action on my behalf at anytime during my

absence :from the Department headquarters in Tallahassee. I also rescind any

prior delegations to the contrary.

4 'Z,ol.O

Date

\\;.-;fe(v :\\fohdUy. bmovnrinn

EXHIBIT A

Greene, Amber

From: Mary Gibbs

Sent: Monday, August 24, 2020 3:44 PM

To: Tropin, David

Cc: Nancy E. Stroud, PA

Subject: Estero land use question

Attachments: 21446 S Tamiami Trail - Google Maps.pdf

EXTERNAL SENDER: Use caution with links and attachments.

Good Afternoon Mr. Tropin,

Thank you for reaching out to the Village with your questions. I am happy to respond. In my position as

Community Development Director for Estero, I am responsible for implementation ofthe Comprehensive Plan

and Land Development Code/zoning regulations.

In response to our recent conversation, I have rev i ewed the property where the bil lbo ard i s located. The

property is known as the Covered Wagon trailer park, 21446 Tamiami Trai l. The zoning for this property is RV-

3, Recreational Vehicle. The property is not zoned for Commercial or Industrial use. It is developed and being

used exclusively as an RV and mobile home park. The RV - 3 district is residential and does not allow

commercial or industrial use .

Please feel free to contact me if you have further questions .

Mary Gibbs, FAICP

Community Development Director

Main Office: 239-221-5036

Fax : 239 - 390-1135

g i bbs@estero-fl.g o v

ww w . E s tero-f l. gov

Email which Is created or received by a Village of Estero employee or offlclalin conn ect ion with the transaction of official busine ss of the Village of Estero is consider e d public

record and Is subject to inspection and/or copying In accordance with Chapter 119, Florida Statuti!S and Is subject to applicabl e state retention laws, unless exempted by l aw.