FINAL ORDER No. DCA08-GM-353 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, PS a: ang », De, v. DOAH Case No. 07-@327GM ST. JOHNS COUNTY Respondent, FINAL ORDER. This cause is before the Department of Community Affairs on an Order Closing File, a copy of which is appended hereto as Exhibit A, and on adoption of an ordinance rescinding amendments, appended hereto as Exhibit B. On November 15, 2006, Respondent St. Johns County adopted an amendment to its comprehensive plan by Ordinance Nos. 2006-145, 2006-146, and 2006-147 (Amendment). The Department reviewed the Amendment, determined that Ordinance Nos. 2006-146 and 2006-147 did not meet the criteria for compliance set forth in Section 163.3184(1) (b), Florida Statutes, and caused to be published a Notice of Intent to find the Amendment not “in compliance.” The Department then instituted this administrative proceeding against the County pursuant to Section 163.3184(10), Florida Statutes. On October 28, 2008, by adopting Ordinance No. 2008-53, the County repealed the not “in compliance” Ordinance Nos. 2006-146 and 2006-147, along with related Ordinance 2006-145. By virtue of this rescission, the instant controversy has been rendered moot and this proceeding must be dismissed. See Department of Highway Safety & Motor Vehicles v. Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver’s license was rescinded by the Department) . 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 day in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER No. DCA08-GM-353 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)®) 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. DCA08-GM-353 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 by U.S. Mail to each of the persons listed below on this / 5D say of Detembu 2000. U CAnyel Paula Ford Agency Clerk By U.S. Mail The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 James G. Whitehouse, Esquire Assistant County Attorney St. Johns County 4020 Lewis Speedway St. Augustine, Florida 32084 By Hand Delivery: Lynette Norr, Esquire Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 07-0327GM ST. JOHNS COUNTY, Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause came before the Administrative Law Judge on Petitioner’s Response to Order Requiring Response which requests that this case remain in abeyance for 45 more days to allow the Respondent to determine “whether, when, and how it will rescind the amendments” that are the subject of. the case. When and how to rescind the amendments are not issues in dispute. Nor has Petitioner shown that there remains an active factual dispute about whether the amendments are “in compliance” so that a formal evidentiary hearing is needed. Therefore, it is ORDERED that the file of the Division of Administrative Hearings in this case is CLOSED and jurisdiction is relinquished to the Department of Community Affairs for final action, without prejudice to re-file its petition if the parties’ settlement negotiations are unsuccessful. EXHIBIT 1 A DONE AND ORDERED this 19th day of May, 2008, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of May, 2008. COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Marcia Parker Tjoflat, Esquire Pappas, Metcalf, Jenks & Miller, P.A. 245 Riverside Avenue, Suite 400 Jacksonville, Florida 32202 James G. Whitehouse, Esquire St. Johns County, Florida 4020 Lewis Speedway St. Augustine, Florida 32084 William E. Williams, Esquire Gray Robinson, P.A. 301 South Bronough Street, Suite 600 Tallahassee, Florida 32302 Amy W. Schrader, Esquire Gray Robinson, P.A. Post Office Box 11189 Tallahassee, Florida 32302 . EXHIBIT ORDINANCE NO. 2008_5Y ‘tabbles* AN ORDINANCE REPEALING ORDINANCE NOS. 2006-145, 2006-146 AND 2006-147, WHICH (A) AMENDED THE 2015 COMP PLAN ORD. 2000-34, AS AMENDED, BY ADDING LANGUAGE TO THE FUTURE LAND USE ELEMENT OF THE GOALS, OBJECTIVES & POLICIES TO INCLUDE THE WELLS FARM RURAL CENTER DISTRICT, (B) AMENDED THE 2015 COMP PLAN ORD. 2000-34, AS AMENDED, BY CHANGING THE FLUM DESIGNATION FROM A-I & R/S TO RCD FOR THE WELLS FARM RURAL CENTER DISTRICT, AND (C) ADOPTED AN AMENDMENT TO THE 5-YEAR CAPITAL IMPROVEMENT SCHEDULE, 2003-2008 OF THE COMP PLAN FOR THE WELLS FARM RURAL CENTER DISTRICT; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, on November 15, 2006, the St. Johns County Board of County Commissioners adopted Ordinance Nos. 2006-145, 2006-146 and 2006-147; WHEREAS, Ordinance No. 2006-145 amended the 2015 Comprehensive Plan Ord. 2000-34, as amended, by adding text to the Future Land Use Element of the Goals, Objectives and Policies in connection with the Wells Farm Rural Center District; WHEREAS, Ordinance No. 2006-146 also amended the 2015 Comprehensive Plan Ord. 200-34, as amended, by changing the Future Land Use Map designation from A-I & R/S to RCD for the Wells Farm Rural Center District; WHEREAS, Ordinance No. 2006-147 adopted an amendment to the 5-Year Capital Improvement Schedule, 2003-2008, of the Comprehensive Plan in connection with the Wells Farm Rural Center District; : WHEREAS, the amendments to the Comprehensive Plan were found by the Department of Community Affairs (‘DCA”) to be “not in compliance” and filed an administrative proceeding (DOAH Case No. 07-0327 GM) challenging these amendments (the “Administrative Proceeding”) and the Applicant, J. Daniel Collins, filed for and was granted “Intervener” Status by the ALJ; WHEREAS, on May 8, 2008, the Applicant filed a Notice of Voluntary Dismissal of their participation as an Intervener in the DOAH case and indicated his intent to not move forward with the Wells Farm Rural Center District at this time; WHEREAS, the County wishes to rescind the above mentioned Comprehensive Plan amendments, thereby mooting the Administrative Proceeding; BE IT ENACTED BY ST. JOHNS COUNTY, FLORIDA, THAT: SECTION ONE. The Future Land Use Element of the Goals, Objectives and Policies of the St. Johns County. Florida, Comprehensive Plan, as amended by Ordinance 2006-145, is hereby amended, as is set forth in Appendix A attached hereto and incorporated herein by reference, to the extent of removing the language that was added in conjunction with the Wells Farm Rial Center District. The Future Land Use text amendment adopted in Ordinance No. 2006-145 is hereby repealed. SECTION TWO. The Future Land Use Map of the St. Johns County, Florida, Comprehensive Plan, is hereby amended as is set forth in Appendix B attached hereto and incorporated herein by reference. The FLUM amendment adopted in Ordinance No. 2006-146 is hereby repealed. SECTION THREE. The amendments adopted in Ordinance No. 2006-147 to St. Johns County’s 5-Year Capital Improvement Schedule, 2003-2008, of the Comprehensive Plan in connection with the Wells Farm Rural Center District are hereby repealed. SECTION FOUR. The Director of Growth Management Services is hereby authorized and directed to forward a copy of this ordinance which repeals the aforementioned Comprehensive Plan amendments to the Florida Department of Community Affairs, Bureau of Local Planning, and shall also transmit copies to the Northeast Florida Regional Planning Council, to the St. Johns Water Management District, to the Department of Environmental Protection, to the Department of Transportation, and to any other unit of local government or governmental agency in the state that has filed a written request with the County Commission for a copy of the Comprehensive Plan amendments. SECTION FIVE. All Ordinances or parts of Ordinances in conflict herewith, including without limitation the conflicting provisions of Ordinance No. 2006-145, 2006-146 and 2006-147 are hereby repealed to the extent of such conflict. ; SECTION SIX. This Ordinance shall take effect immediately upon its adoption. DONE, ORDERED AND ADOPTED by the St. Johns County Board of County Commissioners, this 29% day of October, 2008. BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, FLORIDA ay. Gach Sfarenem seston oat te] 31] 08 L€yndi Stevenson, Chair Effective Date:

Docket for Case No: 07-000327GM