Petitioner: TRIPLE H. RANCH PROPERTY, LTD; DEBUYS PROPERTY INVESTMENT GROUP, LTD; AND CITY OF PARKLAND
Respondent: PALM BEACH COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: West Palm Beach, Florida
Filed: Nov. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 17, 2009.
Latest Update: Jul. 29, 2009
FINAL ORDER NO. DCA09-GM-265
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
TRIPLE H. RANCH PROPERTY, LTD.;
DEBUYS PROPERTY INVESTMENT
GROUP, LTD.; and CITY OF
PARKLAND,
Petitioners,
vs. DOAH Case No. 07-5238GM
PALM BEACH COUNTY and
DEPARTMENT OF COMMUNITY
AFFAIRS,
Respondents,
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as
Exhibit A.
BACKGROUND
This is a proceeding to determine whether Palm Beach County’s Comprehensive Plan
Amendment adopted by Ordinance No. 2007-008 on August 27, 2007 (“Amendment”), is “in
compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part II, Florida Statutes. The Department reviewed the Amendment and
issued a Notice and Statement of Intent to find it not in compliance.
FINAL ORDER NO. DCA09-GM-265
The City of Coral Springs, the City of Tamarac, the City of Coconut Creek, Triple H.
Property, Ltd., Debuys Property Investment Group, Ltd., and the City of Parkland were granted
leave to intervene in this proceeding.
On April 21, 2009, the County, the Department, Triple H. Property, Ltd., and Debuys
Property Investment Group, Ltd. entered into a Stipulated Settlement Agreement. Although the
City of Parkland fully supports the Stipulated Settlement Agreement, it did not sign such
agreement. On June 25, 2009, the City of Coral Springs, the City of Tamarac, and the City of
Coconut Creek filed a Joint Dismissal of Petitions and the Administrative Law Judge issued an
Order of Dismissal dismissing their petitions.
On May 19, 2009, the County adopted a remedial comprehensive plan amendment
pursuant to the Stipulated Settlement Agreement. The Department reviewed the remedial
amendment, determined that it fully addressed the compliance issues raised in this matter, and
issued a Cumulative Notice of Intent to find the Amendment, as remediated, in compliance. On
June 24, 2009, the Cumulative Notice of Intent was published in the Palm Beach Post.
No party filed a petition for administrative hearing or intervened with respect to the
remedial amendment. Accordingly, the Department filed with the Division of Administrative
Hearings a Motion to Close File and Relinquish Jurisdiction. On July 17, 2009, the
Administrative Law Judge issued his Order Closing File.
FINAL ORDER NO. DCA09-GM-265
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 in Tallahassee, Florida.
Nauk?
Shaw P. Stiller
General Counsel
NOTICE OF RIGHTS
EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW
OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND
FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(C) AND 9.110.
TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE
FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK
BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY
THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST
BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE
PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH
THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY
THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES.
YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL
IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE
DISTRICT COURT OF APPEAL.
MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA09-GM-265
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned Agency Clerk of the Department of Community Affairs, and that true and correct
copies have been furnished to the persons listed below in the manner described, on this vf, upey
of July, 2009.
ula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail:
Bram D.E. Canter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Amy Taylor Petrick, Esquire
Palm Beach County Attorney's Office
300 North Dixie Highway, Third Floor
West Palm Beach, Florida 33401-4705
Henry B. Handler, Esquire
Weiss, Handler, Angelos & Cornwell, P.A.
One Boca Place, Suite 218A
2255 Glades Road
Boca Raton, Florida 33431
Margaret-Ray Kemper, Esquire
Ruden, McClosky, Smith, Schuster & Russell, P.A.
215 South Monroe Street, Suite 815
Tallahassee, Florida 32301
Andrew S. Maurodis, Esquire
City of Deerfield Beach
150 Northeast Second Avenue
Deerfield Beach, Florida 33441-3506
Daniel A. Seigel, Esquire
Weiss, Serota, Helfman, Pastoriza
Metropolitan Planning Organization
200 East Broward Boulevard, Suite 1900
Fort Lauderdale, Florida 33301
Hand Delivery:
Richard Shine, Esquire
L. Mary Thomas, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
FINAL ORDER NO. DCA09-GM-265
Docket for Case No: 07-005238GM
Issue Date |
Proceedings |
Jul. 29, 2009 |
Final Order filed.
|
Jul. 17, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 16, 2009 |
Joint Motion to Close File and Relinquish Jurisdiction filed.
|
Jul. 16, 2009 |
CASE STATUS: Motion Hearing Held. |
Jul. 14, 2009 |
Order Realigning Parties.
|
Jul. 14, 2009 |
Motion for Realignment of Parties filed.
|
Jul. 13, 2009 |
Notice of Filing Cumulative Notice of Intent filed.
|
Jun. 25, 2009 |
Order (petitions of Intervenors City of Coral Springs, City of Tamarac, and City of Coconut Creek are dismissed).
|
Jun. 25, 2009 |
Joint Dismissal of Petitions filed.
|
May 08, 2009 |
Order Canceling Hearing and Staying Proceeding (parties to advise status by August 10, 2009).
|
May 07, 2009 |
Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
|
Apr. 07, 2009 |
Order of Pre-hearing Instructions.
|
Apr. 07, 2009 |
Notice of Hearing (hearing set for August 25 through 27, 2009; 9:00 a.m.; West Palm Beach, FL).
|
Apr. 06, 2009 |
Notice of Appearance (filed by M. Thomas).
|
Mar. 19, 2009 |
Amended as to Certificate of Service Status Report filed.
|
Mar. 19, 2009 |
Status Report filed.
|
Mar. 05, 2009 |
Notice of Substitution of Counsel for Department of Community Affairs (R. Shine) filed.
|
Jan. 27, 2009 |
Order Continuing Case in Abeyance (parties to advise status by March 19, 2009).
|
Jan. 23, 2009 |
Joint Status Report Due January 23, 2009 Joint Motion for the Case to Remain in Abeyance filed.
|
Dec. 17, 2008 |
Order of Dismissal.
|
Dec. 16, 2008 |
City of Parkland`s Response and Opposition to Broward Metropolitan Planning Organization`s Amended Petition to Intervene filed.
|
Dec. 12, 2008 |
Broward Metropolitan Planning Organization`s Amended Petition to Intervene filed.
|
Dec. 08, 2008 |
(Palm Beach County`s) Notice of Unavailability filed.
|
Dec. 05, 2008 |
Order Continuing Case in Abeyance (parties to advise status by January 23, 2009).
|
Dec. 04, 2008 |
Status Report Due December 2, 2008 Motion for the Case to Remain in Abeyance filed.
|
Dec. 02, 2008 |
Order of Dismissal (denying Broward Metropolitan Planning Organization`s Petition to Intervene).
|
Nov. 26, 2008 |
Broward Metropolitan Planning Organization`s Petition to Intervene filed.
|
Nov. 21, 2008 |
Order (denying Intervenors` request that Palm Beach County be ordered to allow them to participate in the settlement negotiations).
|
Nov. 20, 2008 |
Response to Status Report and Joint Response to Order Continuing Case in Abeyance Entered on October 2, 2008 filed.
|
Nov. 14, 2008 |
Status Report and Joint Motion in Response to Order Continuing Case in Abeyance Entered October 2, 2008 filed.
|
Oct. 22, 2008 |
Amended Notice of Unavailability filed.
|
Oct. 02, 2008 |
Order Continuing Case in Abeyance (parties to advise status by December 2, 2008).
|
Oct. 01, 2008 |
Notice of Unavailability filed.
|
Oct. 01, 2008 |
Amended Status Report Due October 1, 2008 Motion for the Case to Remain in Abeyance filed.
|
Oct. 01, 2008 |
Status Report Due October 1, 2008 Joint Motion for the Case to Remain in Abeyance filed.
|
Aug. 01, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 1, 2008).
|
Jul. 31, 2008 |
Status Report Due July 31, 2008 Joint Motion for the Case to Remain in Abeyance filed.
|
Jun. 16, 2008 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by July 31, 2008).
|
Jun. 13, 2008 |
Motion for Continuance filed.
|
Mar. 19, 2008 |
Notice of Hearing (hearing set for August 18 through 20, 2008; 9:00 a.m.; West Palm Beach, FL).
|
Mar. 18, 2008 |
Notice of Unavailability filed.
|
Mar. 14, 2008 |
Joint Response to Order Dated March 6, 2008 Recommended Hearing Date filed.
|
Mar. 06, 2008 |
Order Canceling Hearing (parties to advise status by March 14, 2008).
|
Mar. 03, 2008 |
Motion for Continuance filed.
|
Jan. 07, 2008 |
Order Granting Petition to Intervene (City of Tamarac, Florida and the City of Coconut Creek, Florida).
|
Dec. 19, 2007 |
City of Coconut Creek`s Petition to Intervene filed.
|
Dec. 18, 2007 |
City of Tamarac`s Petition to Intervene filed.
|
Dec. 12, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 12, 2007 |
Notice of Hearing (hearing set for April 21 through 25, 2008; 9:00 a.m.; West Palm Beach, FL).
|
Dec. 11, 2007 |
Order Granting Petitions to Intervene (City of Coral Springs, Florida and City of Parkland).
|
Dec. 04, 2007 |
City of Parkland Petition for Intervention filed.
|
Dec. 03, 2007 |
Order Granting Petition to Intervene (Triple H. Ranch Property, Ltd., and Debuys Property Investment Group, Ltd.).
|
Nov. 27, 2007 |
Joint Response to Initial Order filed.
|
Nov. 26, 2007 |
Petition to Intervene (Triple H Ranch Property, Ltd.,) filed.
|
Nov. 19, 2007 |
Notice of Unavailability filed.
|
Nov. 16, 2007 |
Letter to C. Llado from S. Bunton enclosing a copy of the City of Coral Springs Petition to Intervene filed.
|
Nov. 16, 2007 |
Notice of Intent filed.
|
Nov. 16, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Nov. 16, 2007 |
Letter to Honorable Addie Green from T. Pelham regarding review of Palm Beach County Comprehensive Plan Amendment filed.
|
Nov. 16, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Nov. 16, 2007 |
Initial Order.
|
Nov. 13, 2007 |
City of Coral Springs, Florida Petition to Intervene filed by.
|
Orders for Case No: 07-005238GM