Case No. 95-3502DRI • 1
( �ECEIV I
p E
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
CASE NO. 95-3502DRI
LARRY THRELKELD, STRIKE ZONE
CHARTERS, INC., and
ivIONROE COUNTY, FLORIDA,
Respondents.
NOTICE OF VOLUNTARY DISMISSAL
Petitioner, the Department of Community Affairs, hereby gives notice of its intent to
withdraw its petition in this matter. This withdrawal is based on the execution of a settlement
agreement, a copy of which is attached herewith.
Respectfully submitted this? day of September, 1996.
Al Able.
Karen Brodeen
.611,„ _ Assistant General Counsel
ui "tng OMbiN Department of Community Affairs
ABO- LOW Kris 2555 Shumard Oak Boulevard
ABO Middle Kern Tallahassee, Florida 32399 -2100
(904) 488 -0410
Planning Director
Environmental Resources Director
Marine Resources Director
040,419--
CERTIFICATE OF SERVICE.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to the parties listed below on this 3 day of September, 1996.
Karen Brodeen
Assistant General Counsel
Copies furnished to:
Bob Herman
Monroe County Regional Service Center
27978 Overseas Highway
Marathon, Florida 33050 -2227
Theodore W. Herzog, Esquire
202 Duval Street
Key West, Florida 33040
,
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner, CASE NO. 95- 3502DRI
vs.
LARRY THRELKELD AND STRIKE ZONE
CHARTERS, and MONROE COUNTY,
a political subdivision of the
State of Florida,
Respondents.
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between Larry Threlkeld and
Strike Zone Charters; and Monroe County; and the Department of
Community Affairs ( "DCA), an agency of the State of Florida, as a
complete and final settlement of all claims raised in the above -
styled appeal filed by DCA pursuant to s.380.07, Florida Statutes
(F.S ) .
WHEREAS, Larry Threlkeld and Strike Zone Charters are the
owners of real property located at the corner of Ship's Way Drive
and U.S. 1 on Big Pine Key, and further described as part of
Government Lot 1, Section 27, Township 66 South, Range 29 East,
Tallahassee Meridian, at approximately Mile Marker 30, in
unincorporated Monroe County, Florida, as described in Resolution
No. P70 -94 attached hereto as Exhibit A; and
WHEREAS, Monroe County is a political subdivision of the
State of Florida, and adopted Resolution No. P70 -94 authorizing
major conditional use at the above described location for a sport
1
4
fishing /dive operation limited to seven hundred (700) square feet
of office /retail floor area, limited to the dive shop uses, on
one acre of land with thirty -two (32) parking spaces, fuel
storage of less than five hundred (500) gallons, and accessory
structures, all serving a maximum of four dive /fishing charter
boats having a total maximum capacity of 110 persons; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical
State Concern, as designated under ss.380.05 and 380.0552, F.S.;
and;
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380, Florida Statutes,
the Environmental Land and Water Management Act (the "Act "), and
the rules and regulations promulgated thereunder, which include
the Monroe County Comprehensive Plan and Land Development
Regulations; and
WHEREAS, DCA is authorized by s. 380.032, F.S., to enter
into an agreement with any landowner, developer or other
governmental agency as may be necessary to effectuate the
provisions and purposes of Chapter 380, F.S., or any related
rule; and
WHEREAS, the Department timely appealed the subject
resolution authorizing major conditional use to the Florida Land
and Water Adjudicatory Commission pursuant to s.380.07, F.S.; and
WHEREAS, the parties hereto wish to avoid the expense and
2
delay of lengthy litigation and resolve the pending appeal of
Resolution No. P70 -94 under the terms and conditions set forth
herein, which terms and conditions effectuate the provisions and
purpose of the Act, and it is in their best interests to do so.
NOW, THEREFORE, in consideration of the terms and conditions
set forth herein; and in consideration of the benefits to accrue
to the parties to this agreement, the receipt and sufficiency of
which are hereby acknowledged; and the full, complete and final
settlement of all claims arising out of the above - styled appeal,
the parties hereto agree as follows:
1. Representations. The representations set forth above
are incorporated herein and are essential elements hereof.
2. Recitals. The parties hereby stipulate that the Owners
shall adhere to and comply with all conditions of the major
conditional use approved by Monroe County in Resolution No. P70-
94 (Conditions 1 -18, Exhibit A). In addition, Owners agree to
adhere to and comply with the following conditions:
a. The parking area described in Conditions 1 and 2 of
Exhibit A shall not be hard surfaced, and all parking shall be
directed to the west end Of the property along the western
property line; and
b. Cwners shall achieve the requirements of Condition 7,
in part by erection of a fence along the landward side of the
bulkhead on site, to be constructed of a material that will serve
to block noise and light and to reduce the impacts of the subject
business operation, so as to alleviate neighborhood disruption;
3
and
c. All exotic Australian Pines on site shall be removed;
and
d. The vegetation plans for the site, attached hereto as
Exhibit B, shall be adhered to as sealed; shall be supported by a
$10,000.00 bond; and the vegetation activities shall be completed
within one (1) year of the effective date of this agreement. The
$10,000 bond also shall cover other site improvements required by
this agreement.
e. Owners shall comply with the assumptions utilized in
the traffic impact study prepared in support of the charter
fishing /dive operation being relocated at the subject site and
restrict the number of daily trips for each vessel to two (2)
trips per vessel, per day, not to exceed four (4) vessels under
the ownership, operation and control of Owners at the subject
site; and
f. Owners agree to use, and provide for their patrons'
use, biodegradable soap, paper, garbage bags, etc., in order to
decrease p.tential impacts of the operation to nearshore water
quality; and
g. - Owners shall extend only the bulkhead.currently in
place on the subject site, including, but not limited to, the
addition of intermittent, regularly- spaced stairs to allow ease
of access from the shore to the vessels in operation. No new
separate bulkheads shall be constructed on the site.
3. Further Proceedings., Within five (5) days after this
4
settlement agreement is executed by all parties, the Department
shall file its Notice of Voluntary Dismissal, dismissing this
appeal with prejudice, and seek a final order from the Florida
Land and Water Adjudicatory Commission concluding this appeal
proceeding.
4. Caveat. The parties acknowledge their disagreement
over whether the subject major conditional use approval is
consistent with the Monroe County land development regulations
and have entered into this settlement agreement solely in the
spirit of comprise. This agreement shall not be deemed to
constitute a waiver of any party's position with regard to the
proper interpretation of the Monroe County Code, and shall not be
given precedential effect with regard to any other permit issued
by Monroe County.
5. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any
purpose.
6. Enforcement. This agreement may be enforced by any
party as provided in Chapter 380, F.S., or as otherwise allowed
by law. In the event of breach of this agreement, or if this
agreement is based upon materially inaccurate information, the
Department may terminate this agreement or file suit to enforce
this agreement as provided in s.380.06 or 380.11, F.S., including
a suit to enjoin all development.
7. Scope of Authority. This Agreement affects the rights
5
and obligations of the parties under Chapter 380, Florida
Statutes. It is not intended to influence or determine the
authority or decisions of any other state or local government or
agency in issuance of any other permits or approvals that might
be required by state law or local ordinance for any development
authorized by this agreement.
8. Entirety of Agreement. The parties further agree that
this Settlement Agreement contains the entire and exclusive
understanding and agreement among the parties and may not be
modified in any manner except by an instrument in writing and
signed by the parties.
9. Binding Effect;Recordation of Agreement. This
agreement is intended to and shall create a covenant running with
the land, and shall be binding on the parties, their heirs,
successors and assigns. Within ten (10) days after entry of a
final order by the Florida Land and Water Adjudicatory Commission
concluding this appeal, the Owner shall record this agreement in
the public records of Monroe County, Florida, and shall promptly
provide proof of recordation to Monroe County and the Department,
including the official records book and page where this agreement
is recorded. Proof of recordation shall be furnished by hand
delivery or U.S. Mail, postage prepaid, to Monroe County by
directing same to the Monroe County Planning Director, Growth
Management Division, Marathon Regional Service Center, 2798
Overseas Highway, Suite 400, Marathon, Florida 33050; and to the
Department by directing same to Mike McDaniel, Growth Management
6
Administrator, Department of Community Affairs, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399 -2100.
10. Release; Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject appeal of major conditional use approval. Each
party shall bear its own costs and attorney fees incurred in
connection with this proceeding.
11. Date of Agreement. The date of this agreement shall be
the date that the Department signs and acknowledges this
Agreement.
IN WITNESS THEREOF, the parties by and through their
respective undersigned duly authorized representatives have
executed this Agreement on the dates and year below written.
LARRY T`RELKELD, individually and
d /b /a STRIKE ZONE CHARTERS
• Witnesses: J
& V4
STATE OF FLORIDA
COUNTY OF MONROE
The f regoing instrument was acknowledged before me this /-
day of / calqt r-- 1996, by LARRY THRELKELD, individually
and d /b /a STRIKE ZONE CHARTERS who is p rsonally known to mP or
who has produced has identification and who 4 (did not) take an
oath.
7
Y
Notary Public
Name (typed, printe• or stain•
O W
W� , ,OT44) Commission Number
H My Comm. Expires 0
No.CCCC242123 My Commission Expires:
OF FL
DEPARTMENT 0 •MMUNITY AFFAIRS
BY: ( Rtrk:fre'
CHARLES PATTISON
Director, Division of
Resource Planning and
Management
Dept. of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Approved as to form and
legal sufficiency:
(2
Assistant General Counsel
Dept. of Community Affairs
STATE OF FLORIDA
• COUNTY OF LEON
The regoing instrument was acknowledged before me thi
day of , 1996, by CHARLES PATTISON, of the
Department o Community Affairs, an agency of the State of
Florida, who is personally known to me and who did not take an
oath.
y 4 T
o ary Public 1/41671
L TV 61 (AAll tT 4 o✓ ✓
Name (typed, Rginte4 o stamped)
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Commiss Qt L1 e
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My Comtni55ion re•
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RESOLUTION NO. P70-94
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY LARRY
THRELKELD FOR MAJOR CONDITIONAI. USE APPROVAL OF
A SPORT FISHING AND DIVE BOAT CHARTER BUSINESS,
CONSISTING OF APPROXIMATELY 700 SQUARE FEET OF
ENCLOSED RETAIL SPACE, ON ONE ACRE OF LAND,
FACILITATING THE USE OF POUR VESSELS WITH A
TOTAL MAXIMUM CAPACITY OF 110 INDIVIDUALS ON
PROPERTY LOCATED ON THE CORNER OF SHIPS WAY
DRIVE AND US 1, AND FURTHER DESCRIBED AS PART OF
3o \rERNMENT LOT :, SECTION 27, TOWNSHIP 66 SOUTH,
RANGE 29 EAST, TALLAHASSEE MERIDIAN, 8IG PINE
• KEY, MONROE COUNTY, FLORIDA, MILE MARKER 30, AND
THE LAND USE DESIGNATION IS SUBURBAN COMMERCIAL.
WHEREAS, the Monroe County Planning Commission during a
regular hearing held on December 13th, 1994, conducted a •
public hearing on the request filed by Larry Threlkeld for
Strike Zone Charters requesting a major conditional use for a
sport fishing /dive operation of four boats having a maximum
capacity of 110 persons, an enclosed 700 square foot office/
retail building, and fuel storage of less than 500 gallons.
WHEREAS, the Planning Commission was presented with
the following evidence, which by reference is hereby
incorporated as a part of the record of said hearing:
1. The Development Approval Application and Affidavit filed
by Donald Craig, Agent, dated October 14th, 1994; and
• received by Monroe County on October 17th, 1994; and
2. The staff report prepared by Steve Ferris, Development
Review Coordinator, and Dianna Stevenson, Biologist,
dated October 27, 1994; and
3. The sworn testimony of the Orowth Management Division
staff, and the comments of Garth Collor, Esquire,
Planning Commission Counsel; and
4. Presentations by Donald Craig, Agent representing
applicant; Michael Halpern, Attorney representing
applicant; Bob Smith, Biologist representing applicant;
Dona Merritt, Paralegal representing applicant; and Pat
tdcNeese, Biologist representing Citizens for Pine Channel
Estates; and
5. The sworn testimony of Warren Lem; Jerri Valverde; Joan
Johnson; Judy Woodrey; Vern Pokorski; and Alan Woolwich,
all of whom spoke in opposition to the application; and
Page 1 of 5 ��
MJSTRIKE.1O /TXTDR,011395 Initials
EXHIBIT "A"
:01 9a 'aa as :aa a.3 PaB .
Mike runt; Dona
Lively; Jerome Baker Jay Marzella; M Ti Hunt; and
Merritt; t�velz Lefevra; John Raymond; in favor of a nd
Merritt; elks
Larr Threi::eld, all of whom spoke
application. 11 wi;�
made the following
clusions of Law, based upon Planning e fo awing
WHERE• and Con
Findings of Fact and evidence presented, and We find that;
testimony a
Sworn: king standard for "party boats" established in
The par which requires one
1. the County s code five or more
Secti
on 9.e-ch1 passenger
pse ger each ed up for a boat carrying
based upon Strike Zone's rishouldalbeusage,
waived inappropriate, and
passengers, and
unrealistic
pursuant to this Conditional use p rocedure and Section
9.5-6 of the County's Code; and
fishing and d1Ye boat charter operation months c ha
2. The ongoing for approximat Y parking for
• historical l y allowing f d emons trated ax actual need for parkin when
a n maximum of approximately twenty cars. en
a lowi m for or sP ecial events, the establishment
b appropriate for the
thirty-two spaces on site should be clearly delineated
project. These spaces must , Code; and
pursuant to Section 9.5 -354 of the County
3 • A variance of six inches for the front and setback is a
is hereby granted pursuant
to reduction; and, Code. This variance
to Section 9.5-66 of enhances bility of the project to meet the standards
ap
for
a lica ble c to all conditiouee o e$ an lexi�tingt sm lwacale
the recognition. and the
• building on site; and aces on the design are
4. The proposed bufferyard and open spaces 9.esigesig and
in excess of those required by authorization to
Section 9.5.343, respectively; however,
locate the U.S. 1 bufferyard in aand easement adjacent to
the project site must be obtained;
5. the
ro ect is in general compliance with
The p roposed P 9 meet regulations. The proposed
County's land develop
fishing and diving charter business is compatible with the neighboring commercial uses, and serves the Planning
A commercial in
and consists of use
having it i s located in, ess P than oth eris SC commercial
u significan
which are o
c potentially �permittable on
uses which are P
i rQt? T Y1 and County's Building
6. Under the Monroe County Code and the that a certifica
Department procedures, it is unlikely
of occupancy will be required to complete this project.
Page 2
of 5
Initials
MJSTRIKE.10 /TXTDR,0 =1395 _ai
?J1 03 'ea 93 :33
023 X03
The inability to rely upon this regulatory measure to
ensure the execution c f all code of requirements t nd
o
conditions mandates the posting The amount r this
guarantee by the applicant.
improvement guarantee must be sufficient t cti f slated r oe
:oat of all improvements and actions p'
conditions of approval, or to comply with t4onroe County
Code; and
7. Teat the applicant's busµ�l�� is rohib is compliance te xier_ing
Section 9.5-403(b)(1)
off - premise billboard; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING CQMMIS IO a OF MONROE
Conclusions
FLORIDA, that the preceding Findings PROV& the sion major
of Law, support their decision ro k e Zone with the
conditional use request filed by
following conditions:
The applicable parking standards of Section 9.5 -351 (c)
for party boats shall be waived, and instead the
applicant shall reduce the paL:•cirg on site from the
proposed sixty spaces to a total of thirty two parking
spaces (of which 9 gehal2and be handicapped accessible),
pursuant to Sec
2. The area which was originally proposed to include
approximately
thirty excess parking spaces, including
eight in the side yard facing U.S. 1, shall all be replaced ced
by landscaping, The remaining parking be
clearly delineated with curb steps; and
3. A variance of six inches to the front yard setback
(facing Ship's Way) is granted pursuant to Section
9.5 -5G; and
4. The open space calculations,
the correct landscaping
:requirements, shaded parking, and the location and detail
of the wall shall be shown on the plans; and
5. A legal agreement shall be provided authorizing the
applicant's use of the 50' eaaement for that u se as a
bufferyard. The agreement must provide
ir. fe or un such etime asetheoCountyrreduces
�r. perpetuity,
its bufferyard standards; and
6. The J.S. 1 ou r e d tact ion in thedrequired number ten (10)
feet with no rd
of plants; and
Page 3 of 5 Initials
MJSTRIKE.10 /TXTOR,
•
lai 33 '33 33:33 e2 Pia
7. The following conditions are necessary to ensure that the
visual and auditory impacts of the project on the
adjacent residential uses are ameliorated to the maximum
extent feasible;
a ) Hours of operation of the business are hereby
limited to 8 AM to 8 PM (except that during daylight
savings time the hour of closure shall be 9 pm); and
b) All patrons of the charter boats will be informed of
the need to preserve and respect the privacy of
residents along the canal; and
• c ) T } use of lighting on site shall he restricted to
business related uses only, and will not be directed
towards the residential uses; and
8. The off - premise sign, lo removed; and
easement area in
front of the site, will be
9. The or. -site sewage disposal system shall be upgraded
pursuant to current HRS standards, including a new
drainfield with sand underlining; and
10. Approval from the Monroe County Public works Department
must be obtained for the project's connection to Ship's
way Drive) and
11. A spill containment plan shall be approved by :he Monroe
County Department of Environmental Resources; and
12. In no event shall any of the applicant's vessels release
any petroleum products in:o Monroe County waters; and
13. There shall be no sale of petroleum products; and
14, the sstrictly
n
area, limited to the dive shop uses, on one acre of land
• with thirty (32) parking spaces, fuel storage of less
than five hundred (500) gallons, and accessory
structures, all serving a maximum cf four (4) dive/ maximum ca
of
fishing charter boats, having to thlstadescribed dep✓elopment
110 persons. Any change
will require a new major conditional use review and
approval; and
15• An improvement guarantee shall be submitted for
legal
covever 110 of The a the of t c ontract estimates ntfo guarantee
c required
or ( 1) driveways and access
construction, including lot, (3) landscaping, (4)
connections, (2) parking
• page 4 of 5
�
MJSTRIKE.10 /TXTDR,122194 Initials A
•
131 a3'3033:ea v ,, - : 023Pll � 1.41.. •
paving, t5) billboard removal, (6) fencing; and (7) the
septic tank upgrade/ and
15. A 1 1/2' x 1 1/2' sign s::all be prominently displayed
inside the building informing clients that the section of
us Hi hway 1 in front of Strike Zone is a critical deer
crossing area and that extra caution needs to be taken
when driving; and
17. The US Highway 1 buffer shall be reduced to a width of
ten feet with no reduction in the required number and
species of plants; and
18. The applicant shall comply with the Provisions for signs
as enumerated. in Section 9.5 of the Monroe County Code,
and additionally, shall remove the existing off- premise
billboard advertising the applicant's business.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 13th day of
December, 1994.
Chair Haskell YES , .
vice -Chair Hansley YES .
Commissioner Chaplin YES .
Commissioner Mannillo NO .
Commissioner Nugent NO .
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
Mori a Haskell, Chair
•
Signed this / day of , 199
•
APP A TO FORM
AN KaNCY
8r �`
Mrj Ios
Page 5 of 5
MJ TAIK.E.10 /TX ?DR, 122194 Initials � _
101 00 ' 1J10 1A0: YJ0 -
1
1
1 r`N\
1116; 4 , 44 4 , ."
...:.-------x..... 15- . . _ ,
„02.1..""...".11 ......7z.- 1( ...VA: Ttli"
1 -
II VEGETATION SURVEY
II HABITAT TYPE: DISTURBED (740)
II
OWNER: STRIKE ZONE CHARTERS
LEGAL: PT. GOVT. LOT 1, SECTION 27,
It TOWNSHIP 66 S, RANGE 29 E,
BIG PINE KEY, MONROE COUNTY,
FLORIDA
1
ZONING: SUBURBAN COMMERCIAL (SC)
1 DATE: SEPTEMBER 25, 1994
1 PERFORMED BY: ROBERT SMITH
1 •
1 Sr
ROBERT SMITH COMPANY 118 NORIN.DRIVE KEY LARGO, FLORIDA 83037
UPPER KEYS (5063 852 -8106 LOWER /MIDDLE KEYS (8060 289'0090
1 az EXHIBIT B _,.�, Eh
r
g
TABLE 1:
1 VEGETATION LIST
1) ACACIA, PINELAND ACACIA PINETORUM
I 2) ALLAMANDA, WILD ALLAMANDA CATHARTICA
3) ALOE ALOE BARBADENSIS
4) ASTER, PINELAND ASTOR DUMOSUS
S 5) AUSTALIAN PINE CASUARINA EQUISETIFOLIA EX
6) BAUHINIAN ORCHID BAUHINIA BLAKIANA
7) BLACKBEAD PITHECELLOBIUM GUADALUPENSE
8) BLACKTORCH ERITHALIS FRUTICOSA
1 9) BLOLLY GUAPIRA DISCOLOR
10) BUTTONWOOD CONOCARPUS ERECTUS
11) BLUE DAZE EVOLVULUS GLOMERATA
1 12) BRAZILIAN PEPPERTREE SCHINUS TEREBINTHEFOLIOUS EX
13) CACTUS, EXOTIC OPUNTIA SP.
14) CAMPHORWEED PLUCHEA ODORATA
I 15) CARISSA
16) COCONUT IXORA COCCINEA
COCOS NUCIFERA
17) CORKTREE THESPESIA POPULNEA EX
18) CROTON, PINELAND CROTON LINEARIS
I 19) DALIA DALIA SP.
20) DESMODIUM DESMODIUM INCANUM
21) DOGWOOD, JAMAICA PISCIDIA PISCIPULA
II 22) ELEUSINE ELEUSINE INDICA
23) FERN, ASPARAGUS ASPARAGUS DENSIFLORUS
24) FERN, BRACKEN PTERIDIUM AQUILINUM
I 25) FIG, BENJAMIN FICUS BENJAMINA
26) FIG, EXOTIC FICUS SP.
27) FIRECRACKER RUSSELIA EQUISETIFORMIS
28) HIBISCUS HIBISCUS ROSA - SINENSIS
11 29) JOEWOOD JAQUINA KEYENSIS TH
30) LANTANA, WILD LANTANA INVOLUCRATA
31) LIME, KEY CITRUS AURANTIFOLIA
I 32) MAHOGANY SWEITENIA MAHOGANI TH
3.3) MELALEUCA MELALEUCA QUINQUENERVIA EX
34) MILKPEA GALACTIA SPICIFORMIS
I 35) MORNING GLORY IPOMEA INDICA
36) NIGHTSHADE, DEADLY SOLANUM BAHAMENSIS
38) NUTGRASS FIMBRISYTLIS CASTANEA
39) OLEANDER NERIUM OLEANDER
I 40) OYSTERPLANT RHOEO SPATHACEA EX
41) PALM, THATCH, FLORIDA THRINAX RADIATA
42) PAPAYA CAR/CA PAPAYA EX
I 43) PERIWINKLE VINCA ROSEA
44) PHILODENDRON PHILODENDRON SPECIOSUM
' 45) PINEAPPLE BROMELIA PINGUIN
1
1
101 00 '00 00:00 079 PO4/07
1
46) POINSETTIA POINSETTIA CYATHOPHORA
47) POTATOWOOD SOLANUM ERIANTHUM
48) RABBIT BELLS CROTOLARIA MARITIMA
49) RHACOMA CROSSOPETULUM RHACOMA
50) ROSEWOOD DALBERGIA SISSOO
51) SANDSPUR CENCHRUS SP.
52) SEA GRAPE COCOLOBA UVIFERA
53) SEDGE, CHESNUT ANDROPOGON VIRGINICUS
54) SESUVIUM SESUVIUM PORTULACASTRUM
55) SCHEFFLERA SCHEFFLERA ACTINOPHYLLA
56) SMILAX SMILAX HAVANENSIS
57) SPANISH NEEDLES BIDENS ALGA
58) SPURGE CHAMAESYCE SPP.
59) SPURGE, DELTOIDEA CHAMAESYCE DELTOIDEA END
1 .60) STYLOSANTHES STYLOSANTHES CALICOLA END
61) STYLOSANTHES STYLOSANTHES HAMATA
62) SWEETGRASS SCHIZACHYRIUM SP.
1 63) TABEBUTA TABEBUTA CARAIBA
64) TRAGIA TRAGIA SAXICOLA END
65) WALTHERIA WALTHERIA INDICA -
1 EX = EXOTIC PEST PLANT -
END = ENDEMIC
TH = THREATENED
1
1
1
1
1
101 00 '00 00:00 0 P05
1
1
TABLE 2:
SUBMERGED PLANTS WITHIN THE CANAL
1) ACETABULARIA ACETABULARIA CRENULATA
2) BATOPHORA BATOPHORA OERSTEDII
3) BLUE -GREEN ALGAE
4) CAULERPA CAULERPA SERTULARIODES
5) CAULERPA CAULERPA SPP.
6) HALIMEDA HALIMEDA OPUNTIA
7) LAURENCIA LAURENCIA POITEI
8) PENICILLUS PENICILLUS CAPITATUS
9) PENICILLUS PENICILLUS DUMETOSUS
NI 10) SEA LETTUCE ULVA LACTUCA
11) THALASSIA THALASSIA TESTUDINUM
12) UDOTEA UDOTEA FLABELLUM
1
1
1
1
1
1
1
1
1
1
101 00 '00 00:00 079 P06/07
1
TABLE 3:
PLANT LIST FOR REVEGETATION •
A. TREES:
1) SLASH PINE
2) RANDIA
3) PISONIA
4) BALSAM APPLE
5) WILLOW BUSTIC
6) WILD TAMARIND
7) COFFEE COLUBRINA
B. SHRUBS'
1) LIGNUM VITAE
2) CINNACORD
3) WILD COTTON
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I 7) SOLDIERWOOD
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. 1) SILVER THATCH
2) KEYS THATCH
3) FLORIDA THATCH
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1) ERNODEA
2) RAILROAD VINE
3) ASPARAGUS FERN
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FINAL ORDER NO. LW -96 -034
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS, )
CASE NO. APP -95 -006
Petitioners, ) DOAH CASE NO. 95- 3502DRI
vs. ) o.'= .• -
) Building Official
LARRY THRELKELD, STRIKE ZONE ) ABO Lower Keys
CHARTERS, INC., and MONROE COUNTY, ) ABO Middle Keys
FLORIDA, )
Respondents. ) Planning Director
Environmental Resources Director
ti
,FINAL ORDER OF DISMISSAL
Pursuant to Chapter 42- 2.011, Florida Administrative Code,
the above - stated appeal filed with this Commission on
March 3, 1995 is hereby dismissed in accordance with the Division
of Administrative Hearings' (DOAH) Order Closing File filed on
September 13, 1996. DOAH's Order is based on the Department of
Community Affairs' (DCA) Notice of Voluntary Dismissal. A copy
of DOAH's Order Closing File and DCA's Notice of Voluntary
Dismissal is attached hereto as Exhibit A.
Any party to this order has the right to seek judicial .
review of the order pursuant to section 120.68, Florida Statutes,
by the filing of a Notice of Appeal pursuant to Rule 9.110,
1
i
Florida Rules of Appellate Procedure, with the Clerk of the
Commission, Office of Planning and Budgeting, Executive Office of
the Governor, The Capitol, Room 2105, Tallahassee, Florida
32399 -0001; and by filing a copy of the Notice of Appeal,
accompanied with the applicable filing fees, with the appropriate
District Court of Appeal. Notice of Appeal must be filed within
30 days of the day this order is filed 'with the Clerk of the
Commission.
DONE AND ENTERED this 3Q day of September 1996. iivizzia,. 6, J
i''''31 Robert B. Bradley, Secretary
Florida Land and Water
Adjudicatory Commission
FILED with the C. of the Florida Land and Water Adjudicatory
Commission this JOay of September 1996.
-1 Clerk, Florida Land a Water
Adjudicatory Commission
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
delivered to the following parties by U.S. Mail this ;‘)+ day of
September 1996.
3 0-R4g-- . jk-fie2A,
J� Robert B. Bradley, Secretary
T Florida Land and Water
Adjudicatory Commission
Honorable Lawton Chiles Honorable Sandra B. Mortham
Governor Secretary of State
The Capitol The Capitol
Tallahassee, Florida 32399 Tallahassee, Florida 32399
Honorable Robert Milligan Honorable Bill Nelson
Comptroller Insurance Commissioner
The Capitol The Capitol
Tallahassee, Florida 32399 Tallahassee, Florida 32399
Honorable Bob Butterworth Honorable Frank Brogan
Attorney General Commissioner of Education
The Capitol The Capitol
Tallahassee, Florida 32399 Tallahassee, Florida 32399
Honorable Bob Crawford Gregory Smith, Esquire
Commissioner of Agriculture Governor's Legal Office
The Capitol The Capitol, Room 209
Tallahassee, Florida 32399 Tallahassee, Florida 32399
Karen Brodeen Theodore W. Herzog, Esquire
Assistant General Counsel 209 Duval Street
Department of Community Affairs Key West, Florida 33040
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Florida Administrative Law James T. Hendrick, Esquire
Reports Morgan & Hendrick
Post Office Box 385 317 Whitehead Street
Gainesville, Florida 32602 Key West, Florida 33040
Stuart M. Lerner Carolyn Dekle, Director
Hearing Officer South Florida Regional
Division of Administrative Planning Council
Hearings 3400 Hollywood Boulevard
The DeSoto Building Suite 140
1230 Apalachee Parkway Hollywood, Florida 33021
Tallahassee, Florida 32399 -1550
•
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS /3 '^^
DEPARTMENT OF COMMUNITY AFFAIRS, )
Petitioner, )
) il►r.�.
VS. ) CASE NO. 95- 3502DRI 'Y
.r
LARRY THRELKELD, STRIKE ZONE ) ® I i; y7:T
CHARTER S , INC . , and ) MONROE COUNTY, FLORIDA, ) jj�
)
Respondents. ) SEP 2 tC96
Office of Planning
8. £ud.c .tin
ORDER CLOSING FILE Office •
c; >;;; c,; ;
On September 4, 1996, Petitioner filed a Notice of Voluntary
Dismissal in the instant case. Such action effectively
terminates this proceeding. Accordingly, it is hereby ORDERED:
1. The file of the Division of Administrative
Hearings in this case is closed.
2. The matter is returned to the referring agency
for final disposition.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this
-) day of September, 1996.
STUART M. LERNER
Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399 -1550
(904) 488 -9675 SC 278 -9675
Filed with the Clerk of the
Division of Administrative Hearings
this /0 day of September, 1996
COPIES FURNISHED:
Gregory Smith, Esquire
Office of the Governor
EXHIBIT A --