DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
Final Order No. DEO-16-213
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,
Petitioner,
And
DEPARTMENT OF THE AIR FORCE,
Intervenor,
Final Order No. DEO-16-213
vs.DOAH Case No. 08-4820GM
CITY OF TAMPA,
Respondent,
and
SPRAY MISER INTERNATIONAL, INC.
AND FLORIDA ROCK AND TANK
LINES, INC.,
Intervenors.
______________________________________/
FINAL ORDER OF DISMISSAL
This matter is before the Florida Department of Economic Opportunity (“DEO”) for issuance of a final order disposing of a challenge to comprehensive plan amendments (collectively “Amendments”) adopted by the City of Tampa (“City”) that change the future land use designations on properties owned by Spray Miser International, Inc. (“Spray Miser”), and Florida Rock and Tank Lines, Inc. (“Florida Rock”), from Light Industrial Use to Community Mixed Use -35, which allows multiple uses, including residential uses. Residential uses are prohibited under the Light Industrial Use designation.
On September 26, 2008, the Department of Community Affairs (DEO’s predecessor agency and hereinafter referred to as “DEO”) filed a Petition for formal administrative hearing (“Petition”) challenging the Amendments - Amendment 07-02 and Amendment 07-08 - on the grounds that the Amendments were not “in compliance” with Chapter 163, Part II, Florida Statutes. Spray Miser and Florida Rock intervened in the proceeding as full parties in support of the City on October 17, 2008. The Department of the Air Force (“Air Force”) intervened as a party aligned with DEO on April 22, 2009. On or about November 5, 2010, a settlement was reached with Spray Miser resolving the dispute surrounding Amendment 07-02.
Amendment 07-08 relates to property owned by Florida Rock (“Property”), which consists of approximately 25.5 acres located immediately north of the entrance to MacDill Air Force Base (“MacDill”) and within 150 feet of the base runway. Flights out of MacDill are generally large tanker aircrafts filled with jet fuel. The Property lies within Accident Potential Zones established by the U.S. Department of Defense for areas where accidents are most likely to occur and that experience high noise levels. DEO contended Amendment 07-08 was not “in compliance” because: (i) the proposed land use was not compatible with the adjacent military installation, specifically because it allows residential development; and (ii) it was not based on relevant and appropriate data and analyses, as required by section 163.3177(6)(a), Florida Statutes (2009).
On August 26, 2009, the Administrative Law Judge entered a Recommended Order concluding that Amendment 07-08 was “in compliance” and recommended DEO enter a final order determining Amendment 07-08 to be “in compliance.” On September 10, 2009, DEO and the Air Force each filed Exceptions to the Recommended Order. The City filed a response to these Exceptions to the Recommended Order. Florida Rock filed its Exceptions on September 18, 2009.
DEO, the Air Force, and Florida Rock (the “Parties”) agreed to place the case in abeyance pending settlement negotiations and have been actively involved in ongoing settlement negotiations. Recently, an agreement was executed between Florida Rock and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (“Trustees”) which grants a restrictive easement to the Trustees prohibiting residential uses on the Property. This restrictive easement effectively resolves all issues giving rise to the dispute surrounding Amendment 07-08 and renders this matter moot. The agreement is attached hereto as Exhibit 1. Accordingly, DEO dismisses this matter.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file.
DONE AND ORDERED this 2nd day of November, 2016.
/s/
Taylor Teepell, Director
Division of Community Development
Notice of administrative rights
Any person whose substantial interests are affected by this order has the opportunity for an administrative proceeding pursuant to section 120.569, Florida statutes.
For the required contents of a petition challenging agency action, refer to Rules 28-106.104(2), 28-106.201(2), and 28-106.301, Florida Administrative Code.
Depending on whether or not material facts are disputed in the petition, a hearing will be conducted pursuant to either sections 120.569 and 120.57(1), Florida statutes, or Sections 120.569 and 120.57(2), Florida statutes.
Any petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the final order being published in the florida administrative register. A petition is filed when it is received by:
Agency Clerk
DePartment of Economic Opportunity
Office of the general Counsel
107 East Madison St., MSC 110
Tallahassee, Florida 32399-4128
Fax: (850)921-3230
agency.clerk@deo.myflorida.com
You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the final order being published in the florida administrative register.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 2nd day of November, 2016.
/s/
Stephanie Chatham
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified U.S. Mail:
The Honorable Donald R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Julia Cole, Esquire
Senior Assistant City Attorney
City of Tampa
5th Floor, City Hall
315 E. Kennedy Boulevard
Tampa, Florida 33602
Mark Bentley, Esquire
201 N. Franklin Street
Suite 1650
Tampa, Florida 33602
John F. Rudy, III, Esquire
Assistant U.S. Attorney
400 North Tampa Street
Suite 3200
Tampa, Florida 33602
