FINAL ORDER NO. DCA07-GM-113 STATE OF FLORIDA 2 DIVISION OF ADMINISTRATIVE HEARINGS th 2,% ROSS BURNAMAN, ZS 's GEO. Py) , Petitioner, BEG Bw . ap S) Gee “S v. DOAH Case Nos. 06-2397GM "Zz o 06-2730GM is‘ DEPARTMENT OF COMMUNITY AFFAIRS, CITY OF TALLAHASSEE, and LEON COUNTY, Respondents. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files 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 the Leon County/City of Tallahassee comprehensive plan amendments adopted by Ordinance Nos. 06-11 and 06-0-21AA on April 25, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”). The Department of Community Affairs (“Department”) issued a Notice of Intent finding amendment 2006-1-M-007 adopted as a part of Leon County Ordinance No. 06-11 not “in compliance” and the remaining amendments “in compliance.” The Petitioner filed a petition alleging that all of the plan amendments referenced by the Department’s Notice of Intent were FINAL ORDER NO. DCA07-GM-113 not “in compliance.” The Department and County entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments via Ordinance No. 07-07 on March 27, 2007 and the Department subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with Chapter 163, Part I, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The parties were realigned. The Petitioner then filed a Notice of Voluntary Dismissal, withdrawing his petition. The Administrative Law Judge issued an Order Closing Files. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendments adopted by Leon County Ordinance Nos. 06-11 and 07- 07 and City of Tallahassee Ordinance No. 06-0-21AA are determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, Wie Counsel DEPARTMENT OF COMMUNITY AFFAIRS 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 2 FINAL ORDER NO. DCA07-GM-113 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. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this /4 — day of June, 2007. Paula Ford Agency Clerk VIA U.S. MAIL: The Honorable T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building , 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Ross Burnaman, Esq. 1018 Holland Drive Tallahassee, FL 32301 Herbert W.A. Thiele, Esq. Laura Youmans, Esq. County: Attorney’s Office Leon County 301 S. Monroe Street, Ste. 202 Tallahassee, FL 32301 Jim English, Esq. Linda Hudson, Esq. City Attorney’s Office City of Tallahassee 300 South Adams Street Tallahassee, FL 32301 VIA HAND DELIVERY: Kelly A. Martinson, Esq. Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-002397GM