rainbow river conservation lawsuit 04/20/2010s3.amazonaws.com/files.inetusa.com/616/megafiles... ·...

IN THE FIFTH JUDICIAL CIRCUIT COURTIN AND FOR MARION COUNTY

RAINBOW RIVER CONSERVATION INCa Florida Corporationand FREDERICK S JOHNSTONMICHAEL G RAUSCH MAX P LYNNJOHN DENNIS PATRICIA M ERMATINGERJEAN TULLIS

THELMA B DICKINSON MARGARET LONGHILLNIKKI CONNORS ROGER BARTHEMMA JEAN PAINTER LEONARD GANEWALTER JOHNSON SHIRLEY E DOWLINGFRANKLIN W ROTH as individuals

Plaintiffs

v Case No 1 c ftCITY OF DUNNELLON

Defendant

SUMMONS SERE3

off8 INTHE STATE OF FLORIDA 1

a

ndTO ALL SINGULAR SHERIFFS OF SAID STATE

YOU ARE COMMANDED to serve this Summons and a copy ofthe atiche COMPLAINTon the

Mayor Vice Mayor or Council City of DunnellonCity Hall 20750 River Drive Dunnellon FL 34431

Respondent is required to serve written response to the Complaint on Ralf Brookes AttorneyPlaintiffs attorney whose address is Ralf Brookes Attorney 1217 E Cape Coral Parkway107 Cape Coral Fl 33904 within 20 days after service of this Summons on that Defendantexclusive of the day of service and to file the original of the defenses with the Clerk of thisCourt either before service on Plaintiffs attorney or immediately thereafter If Defendant fails todo so a default will be entered against that Defendant for the relief demanded in the Complaint

WITNESS my hand and the seal ofthis Court onC vQ t 2010

COURT SEAL CLERK ofCIRCUIT COURT

Cvm R ELLSPERMANN

By C THOMAS

CLERK Circuit Court

IMPORTANT

A lawsuit has been filed against you You have 20 calendar days after this summons isserved on you to file a written response to the attached Complaint in this Court A phone callwill not protect you your written response including the above case number and named partiesmust be filed if you want the Court to hear your case If you do not file your response on timeyou may lose the case and your wages money and property may thereafter be taken withoutfurther warning from the Court There are other legal requirements You may want to call anattorney right away If you do not know an attorney you may call an attorney referral service ora legal aid office listed in the phone book

If you choose to file a written response yourself at the same time you file your writtenresponse to the Court you must also mail or take a carbon copy or photocopy of your writtenresponse to the Plaintiffs Attorney named below

PlaintiffsAttorney

Ralf Brookes

1217 E Cape Coral Parkway 107Cape Coral Fl 33904239 91054641866 3416086 faxRalfaRalfBrookesAttornevcom

IMPORTANTE

Usted ha sido demandado legalmente Tiene 20 dias contados a partir del recibo de estanotificacion para contestar la demanda adjunta por escrito y presentarla ante este tribunal Unallamada telefonica no lo protegera Si usted desea que el tribunal considere su defensa debepresentar su respuesta por escrito incluyendo el numero del caso y los nombres de las partesinteresadas Si usted no contesta la demanda a tiempo pudiese perder el caso y podria serdespojado de sus ingresos y propiedades o privado de sus derechos sin previo aviso del tribunalExisten otros requisitos legales Si lo desea puede usted consultar a un abogadoinmediatamente Si no conoce a un abogado puede llamar a una de las oficinas de asistencialegal que aparecen en la guia telefonica

Si desea responder a la demanda por su cuenta al mismo tiempo en que presenta surespuesta ante el tribunal debera usted enviar por correo o entregar una copia de su respuesta a lapersona denominada abajo como PlaintiffPlaintiffs Attorney Demandate o Abogado delDemandante

Abogado del DemandanteRalf Brookes

1217 E Cape Coral Parkway 107Cape Coral Fl 33904239 91054641866 3416086 faxRalf7aRalfBrookesAttornevcom

IMPORTANT

Des poursuites judiciaries ont ete entreprises contre vous Vous avez 20 jours consecutifsa partir de la date delassignation de cette citation pour deposer une reponse ecrite a la plainte cijointe aupres de ce tribunal Un simple coup de telephone est insuffisant pour vous protegerVous etes oblige de deposer votre response ecrite avec mention du numero de dossier cidessuset du nom des parties nommees id si vous souhaitez que le tribunal entende votre cause Sivous ne deposez pas votre reponse ecrite dans le relai requis vous risquez de perdre la causeainsi que votre salaire votre argent et vos biens peuvent etre saisis par la suite sans aucunpreavis ulterieur du tribunal Il y adautres obligations juridiques et vous pouvez requerir lesservices immediats dun avocat Si vous ne connaissez pasdavocat vous pourriez telephoner aun service de referencedavocats ou a un bureaudassistance juridique figurant alannuaire detelephones

Si vous choisissez de deposer vousmeme une reponse ecrite it vous faudra egalementen mem temps que cette formalite faire parvenir ou expedier une copie de votre response ecriteau PlaintiffPlaintiffs Attorney Plaignant ou a son avocat nomme cidessous

Plaignant ou a son avocatRalf Brookes1217 E Cape Coral Parkway 107Cape Coral Fl 33904239 91054641866 341 6086 faxRalfor com

IN THE FIFTH JUDICIAL CIRCUIT COURTIN AND FOR MARION COUNTY

RAINBOW RIVER CONSERVATION INCa Florida Corporationand FREDERICK S JOHNSTONMICHAEL G RAUSCH MAX P LYNNJOHN DENNIS PATRICIA M ERMATINGERJEAN TULLISTHELMA B DICKINSON MARGARET LONGHILLNIKKI CONNORS ROGER BARTHEMMA JEAN PAINTER LEONARD GANEWALTER JOHNSON SHIRLEY E DOWLINGFRANKLIN W ROTH as individuals

Plaintiffs

v Case No I sj 1 C b

CITY OF DUNNELLONDefendant

COMPLAINT

1 The circuit court has jurisdiction in this statutory cause under

Florida Statute 1633215 2009Comp Plan Consistency actions and

Florida Statutes 860112009 Declaratory Judgment actions

2 Plaintiffs seek de novo review and a judgment declaring that

the Settlement Agreement purporting to approve a development on the

subject property is inconsistent with the City of Dunnellon Comprehensive

Plan

1

3 As set forth in the attached letter dated March 19 2010 faxed to

to the City of Dunnellon by the state land planning agency the State of

Florida Department of Community Affairs DCA the development order

purporting to approve development as part of a Bert J Harris Settlement

Agreement is inconsistent with the City of Dunnellon Comprehensive

Plan Exhibit A March 19 2010 letter from DCA

4 Plaintiffs own or reside on property that is adjacent nearby or

very proximate to the subject development Exhibit B Aerial Map of

Plaintiffs properties

5 At their evening meeting on March 19 2010 the City of

Dunnellon City Commission approved the subject development on the

Rainbow River Exhibit C Signed Settlement Agreement

6 The subject lands were the subject of a remedial plan

amendment adopted after a 2001 stipulated settlement agreement with the

state land planning agency DCA resulting in site specific land use

designations applicable to subject property in the Comprehensive Plan

Future Land Use Element and Future Land Use Map FLUM

7 The subject development order is inconsistent with the City of

Dunnellon Comprehensive Plan including densities intensities and

development allowed by the current approved land use designations

2

8 A remedial plan amendment in 2001 designated a portion of the

Property adjacent to County Road 484 Commercial and Residential Medium

Density but designated approximately half of the Property near the Rainbow

River as Agriculture and Conservation

9 The new subject settlement agreement with the City which

would authorize 349 dwelling units and 100000 square feet of commercial

with an additional 101 units and 25000 square feet ofcommercial that might

be constructed at some unspecified site is clearly not consistent with the

Citys Comprehensive Plan

10 Paragraph 4b of the settlement agreement states that the

Property is vested for the Mixed Use land use designation

11 The Property has never been designated for Mixed Use under

the Dunnellon Comprehensive Plan

12 The City adopted Mixed Use for the Property in 1996 but the

state land planning agency DCA found that plan amendment not in

compliance and the Mixed Use designation never became effective

13 The notin compliance determination was resolved by a

remedial plan amendment in 2001 which designated land use only a

portion of the Property adjacent to County Road 484 Commercial and

Residential Medium Density but designated approximately half of the

3

Property near the Rainbow River as Agriculture and Conservation The new

subject settlement agreement with the City is inconsistent with the remedial

amendments contained in the prior settlement agreement with DCA

14 The present land use designationsof the Property allow one

dwelling unit per ten acres or one per five with clustering

15 The Settlement Agreement violates constitutional prohibitions

on contract zoning because it fails to merely agree to consider and process

land use amendments and rezonings and actually purports to approve these

development that is not consistent with the existing comprehensive plan

land use designations and zoning on the property and avoid both procedural

and substantive requirements prior to approving the development on the

subject property

15 The remedial amendment was accompanied by an Agreement

Limiting Development executed by the owner of the Property that specified

that the total number of units on the portion designated as Agriculture would

be no more than 30

16 Importantly the development was directed away from the

Rainbow River

17 The proposed plat attached to the pending settlement agreement

shows many more than 30 dwelling units in the area designated as

4

Agriculture and shows additional dwelling units in the area designated as

Conservation under the 2001 remedial amendment

19 The settlement agreement proposes to approve increased units

near the Rainbow River without a plan amendment in violation of the

Agreement Limiting Development and in violation of the overall 2001

settlement agreement with the Department

20 Paragraph 4b of the settlement agreement purports to amend

Objective 1 Policy 16 of the Future Land Use Element

21 It is not possible for the City to amend its Comprehensive Plan

in the agreement

22 The only way that the Comprehensive Plan can be amended is

by adoption of a plan amendment under the procedure in section 1633184

Florida Statutes

23 This attempt to amend the Comprehensive Plan by agreement is

invalid

24 Paragraph 19 of the settlement agreement mentions changing

the land use designations of the Property by the Property Appraiser for ad

valorum tax purposesie a different constitutional officer with a different

statute and different purpose than Florida Statute Chapter 163 land use plan

designations that must be reviewed and approved by DCA as the state land

5

planning agency It is not clear whether this means changes to the land use

designations on the future land use map of the Comprehensive Plan but if

that is intended then such changes also cannot be accomplished in an

agreement

25 The only way that the Comprehensive Plan Future Land Use

Map and land use designation can be amended is by adoption of a plan

amendment under the procedure in section 1633184 Florida Statutes

26 Paragraph 20 of the settlement agreement states that In the

event of a conflict between this Agreement the CitysComprehensive Plan

or Land Development Regulations or other rules or ordinances this

Agreement shall prevail This is clearly incorrect as a matter of law

This attempt to amend the Comprehensive Plan by agreement denies

the citizens of Dunnellon and affected parties including the County and

State the statutory notice public hearings and right to request formal

administrative hearings required by Florida Statutes 1633184

Comprehensive Plan Amendments and Florida Statutes Chapter 120

FloridasAdministrative Procedures Act

27 All development and all development orders must be consistent

with the Comprehensive Plan Section 1633194 Florida Statutes

6

28 Florida Statute 1633215 creates a statutory cause of action to

seek de novo action in circuit court on the issue of whether a development

order is inconsistent with an adopted Comprehensive Plan29 The proposed settlement agreement is based on the Bert Harris

Act The Bert Harris Act does not override the provisions of the Growth

Management Act To the contrary Section 1633211 of the Growth

Management Act provides

1633211 Conflict with other statutes Where this act may be inconflict with any other provision or provisions of law relating to localgovernments having authority to regulate the development of land theprovisions ofthis act shall govern unless the provisions ofthis act aremet or exceeded by such other provision or provisions of law relatingto local government including land development regulations adoptedpursuant to chapter 125 or chapter 166

30 The failure to first submit and obtain approval from the state

land planning agency State of Florida Department of Community Affairs

for a Comprehensive Plan Amendment before approving the inconsistent

Development Order also violates mandated statutory review procedures for

Comprehensive Plan Amendments required under Florida Statutes

16331843

31 Under Florida Statutes 1633184 review by the state of

Florida Department of Community Affairs DCA is undertaken to ensure

that the Plan Amendment is consistent with State Plan Regional Plans and

7

Florida Administrative Code Rule 9J5 and is internally consistent with the

City of Dunnellon Comprehensive Plan

32 Failure to obtain approval of a plan amendment prior to

approval of development that is not consistent with the Comprehensive Plan

violates state law including 1633184

STATUTORY STANDING

33 Plaintiffs have statutory standing under 1633215 Florida

Statutes to seek review of Comprehensive Plan consistency

34 Plaintiffs will suffer adverse effects to interests protected or

furthered by the local government comprehensive plan that exceeds in

degree the general interest in community good shared by all persons35 Plaintiffs own or reside on property that is adjacent nearby or

very proximate to the subject development See Exhibit B Aerial Map of

Plaintiffs properties Plaintiffs utilize the Rainbow River adjacent to this

particular subject parcel for their own individual recreational activities

including for example tubing canoeing kayaking boating fishing wildlife

observation and bird watching These experiences will be diminished and

affected by the proposed development that is inconsistent with the

Comprehensive Plan

36 The inconsistent proposed development activities would

8

increase the number ofhouses structures impervious surface and increased

demands created by additional dwelling units and people in the area and

accordingly increase demands relating to public services evacuation

roadway traffic boating traffic and infrastructure and the loss of additional

tree canopy riverine wildlife corridor forest frontage on the Rainbow River

37 Plaintiffs will also suffer adverse effects to interests protected

or furthered by the adopted Plan as amended including but not limited to

density intensity and lands along the Rainbow River designated as

conservation which affect their individual property interests their interest in

protecting and maintaining the natural resources ofthe Rainbow River their

interest in protecting wildlife and bird corridor along the riverbanks their

interest in sufficient water and wastewater infrastructure their interests in

efficient and equitable distribution of land uses in the area their interests in

reasonable investment backed expectations in their area their interests in

land use their interests in preserving the character of Rainbow River their

interests related to health and safety including the safety and efficiency of

recreation facilities and streets police and fire protection densities or

intensities of development including the compatibility of adjacent land uses

their interest in environmental or natural resources and their interest in

wetland preservation

9

38 Plaintiffs would be harmed to a degree that exceeds the harm

caused to the public in general due to their proximity to the development

her location in the same floodplain and river corridor and their active use of

the roads and streets

39 Given Plaintiffs proximity to the project and given their use of

the same water system roadway system river and sewer system Plaintiffs

will suffer harm to a greater degree than that ofthe public in general

40 Plaintiffs will also be harmed to a degree that exceeds the

harm caused to the public in general because of their participation in the

local government process and his volunteer efforts to preserve and protect

the River

PlaintiffRainbow River Conservation Inc

41 Plaintiff RAINBOW RIVER CONSERVATION INC

hereinafter RRC will be harmed to a degree that exceeds the harm

caused to the public in general because of the RRCs investment of resources

and volunteer activities to acquire parklands adjacent to the project

acquisition of additional parklands near the project protect the health and

welfare of the Rainbow River and to encourage environmentally sound

development practices around the Rainbow River

10

1

42 RRC also intervened in administrative proceedings with the

state land planning agency DCA affecting the Rainbow River based upon

DCAsnotice of intent to find previous Plan Amendments not in

compliance with the CitysComprehensive Plan

43 RRC has promoted policies to protect and preserve the natural

beauty of the Rainbow River for over 40 years RRC was a key advocacy

group that persuaded the State of Florida to purchase the Rainbow Springs

headwaters and create the current Rainbow Springs State Park RRC was the

key advocacy group that promoted the purchase ofthe Griffits Property by

the State of Florida so that this valuable habitat could be added to the State

Park RRC was a partner with the State of Florida to designate the river as

the Rainbow River Aquatic Preserve RRC was a partner with the State of

Florida to designate the Rainbow River as a Florida Outstanding Waterway

RRC was a partner in acquisition ofthe Blue Run of Dunnellon Park owned

by the State of Florida Office of Greenways and Trails OGT and

participated in developing grant applications and a management plan for the

park including management of greenways wildlife corridors and rails to

trails and Withlacoochee State Trail connectivity RRC assisted with land

acquisition efforts at the state level including Florida Forever to acquire the

subject lands on the Rainbow River Ranch including preparation of an

11

application that has been Ahighest listed by the State of Floridasland

acquisition ARC committee that ranks lands for state purchase RRC has

participated in developing and adoption ofa SWIM plan for Rainbow River

with the Water Management District

Exhibit B Aerial Map of RRCs State Lands of interest

participation and continued involvement

RRC has been working for over 40 years to ensure that the Rainbow

River is protected for future generations and during this time the Rainbow

River has been designated an Outstanding Florida Waterway a National

Natural Landmark by the US Dept of the Interior an Aquatic Preserve and

a Surface Water Improvement and Management Program SWIM water

body

44 RRC has installed over 40 Wood Duck Boxes at key locations

at the edges of the Rainbow River to encourage the growth of a Wood Duck

population on the river This project has been very successful The boxes are

maintained twice a year and have been successful in bringing numerous

breeding pairs of Wood Ducks to the river Over 16 of these Wood Duck

boxes are adjacent to the Rainbow River Ranch property line and two are

located in the East Blue Cove Development of the shore line would material

12

impact these boxes and the Wood Duck population that RRC has nurtured

for so many years

45 RRC coordinates the Rainbow River Cleanup each year to get

volunteers to remove trash from the River Over 200 people with canoes

kayaks pontoon boats and scuba diving equipment participated this year

46 RRCscontinued involvement with the Rainbow River its

riverine system and wildlife corridors including the land along its shoreline

and tireless efforts to educate the public and to encourage clean and

environmentally sound development will be for naught if the development

that is inconsistent with the goals and objectives of its Comprehensive Plan

is approved and allowed

47 RRC primary organizational purposes and activities include the

study and protection of natural resources and the advocacy of sound land use

and growth management policies affecting the environment and natural

resources of the Rainbow River

48 RRCs involvement in the original acquisition of the land for

use as a state park and forest and its continued active connection with that

state lands further demonstrate an interest greater than that which all persons

share in the community good

13

49 RRCsofficers and members had initiated and facilitated the

original public acquisition of the adjacent and nearby state lands and a

substantial number of RRCsmembers along with non members who

participate in RRC sponsored activities use the adjacent State lands for

recreational and educational purposes including study and observation of

wildlife utilizing the Rainbow River and forested river corridor

50 The development density and intensity and location of

development allowed under the settlement agreement will adversely affect

RCCs use and its members use of the adjacent State lands as a natural

resource area

51 The location of buildings and structures as well as the increased

traffic and the activity lights and noise associated with a development and

parking lots are incompatible with State lands naturebased recreation and

will discourage and interfere with the ability of wide ranging species to

reach or remain in the adjacent and nearby state lands and wildlife corridors

This will adversely affect the ability of RCC its members and others who

participate in RCC sponsored activities to observe or study wildlife species

52 The development on the subject parcel will adversely impact

the ability to use controlled burns to manage adjoining and nearby lands

including the adjacent state lands Without controlled burns habitat for a

14

variety of species in the adjacent and nearby lands owned by Plaintiffs and

state lands will be reduced or eliminated thus adversely affecting the ability

of RCC its members and others who participate in RCC sponsored

activities to observe or study those species Also without controlled burns

much of the forest will become overgrown with understory species thus

adversely affecting the ability of RCC its members and others who

participate in RCCsponsored activities to fully enjoy the natural resources

that also utilize State lands

Individual Plaintiffs

53 Frederick S Johnston owns and resides on adjoining property

located directly across the River from and facing the development at 11875

East Blue Cove Drive Dunnellon FL 34432 101 feet across Rainbow

River from the subject parcels and will suffer an adverse effects to

interests protected or furthered by the local government comprehensive

plan including densities or intensities of development and environmental

or natural resources on lands designated Agricultural and Conservation

that exceeds in degree the general interest in community good shared by all

persons because of their on going and continued use of the Rainbow River

adjacent and proximate to the subject development and these interests will

be adversely affected by the inconsistent development

15

54 Michael G Rausch owns and resides on adjoining property

located directly across the River from and facing the development at 11865

East Blue Cove Drive Dunnellon FL 34432 98 feet across Rainbow

River from the subject parcels and will suffer an adverse effects to








55 Max P Lynn owns and resides on Rainbow River on property

located proximate to the development at 11150 SW 190th Ave Dunnellon

FL 34432 approximately 921 feet distant from the subject parcels shares a

road that bounds the subject property and will suffer an adverse effects to






16



56 John Dennis owns and resides on property located near and

proximate to the development at 11144 SW 190th Ave Dunnellon FL

34432 approximately 1013 feet distant from the subject parcels shares a






persons because oftheir on going and continued use of the Rainbow River



57 Patricia M Ermatinger owns and resides on property located

proximate to the development at 11132 SW 190th Ave Dunnellon FL

34432 approximately 1154 feet distant from the subject parcels shares a





17





58 Jean Tullis owns and resides on property located proximate to

the development at 11106 SW 190th Ave Dunnellon FL 34432

approximately 1487 feet distant from the subject parcels shares a road that

bounds the subject property and will suffer an adverse effects to interests

protected or furthered by the local government comprehensive plan

including densities or intensities of development and environmental or

natural resources on lands designated Agricultural and Conservation


persons because of their on going and continued use ofthe Rainbow River



59 Thelma B Dickinson owns and resides on property located

proximate to the development at 20040 The Granada Dunnellon FL 34430

approximately 1896 feet from the subject parcels and will suffer an adverse

effects to interests protected or furthered by the local government

comprehensive plan including densities or intensities of development and

18

environmental or natural resources on lands designated Agricultural and

Conservation that exceeds in degree the general interest in communitygood shared by all persons because of their on going and continued use of

the Rainbow River adjacent and proximate to the subject development and

these interests will be adversely affected by the inconsistent development60 Margaret Longhill owns and resides on property located

proximate to the development at 12088 Palmetto CT Dunnellon FL 34432

approximately 3239 feet away but on the Rainbow River from the subject

parcels and will suffer an adverse effects to interests protected or furthered

by the local government comprehensive plan including densities or

intensities of development and environmental or natural resources on lands

designated Agricultural and Conservation that exceeds in degree the

general interest in community good shared by all persons because of their on

going and continued use of the Rainbow River adjacent and proximate to

the subject development and these interests will be adversely affected by the

inconsistent development

61 Nikki Connors owns and resides on property located proximate

to the development at 20232 Palmetto Lane Dunnellon FL 34432



19


intensities ofdevelopment and environmental or natural resources on lands




the subject development and these interests will be adversely affected by theinconsistent development

62 Roger Barth owns and resides on property located proximate to

the development at 12169 Palmetto Way Dunnellon FL 34432










63 Emma Jean Painter owns and resides on property located

proximate to the development at 12193 Palmetto Way Dunnellon FL

20

34432 approximately 2348 feet away but on the Rainbow River from the

subject parcels and will suffer an adverse effects to interests protected or

furthered by the local government comprehensive plan including densities

or intensities ofdevelopment and environmental or natural resources on

lands designated Agricultural and Conservation that exceeds in degree

the general interest in community good shared by all persons because of

their on going and continued use of the Rainbow River adjacent and

proximate to the subject development and these interests will be adversely

affected by the inconsistent development

64 Leonard Gane owns and resides on property located proximate

to the development at 12157 Palmetto Way Dunnellon FL 34432






general interest in community good shared by all persons because oftheir on




21

65 Walter Johnson owns and resides on property located proximate

to the development at 12151 Palmetto Way Dunnellon FL 34432

approximately 1733feet away but on the Rainbow River from the subject









66 Shirley E Dowling owns and resides on property located

proximate to the development at 12145 Palmetto Way Dunnellon FL

34432 approximately 1637 feet away but on the Rainbow River from the

subject parcels and will suffer an adverse effects to interests protected or

furthered by the local government comprehensive plan including densities

or intensities of development and environmental or natural resources on

lands designated Agricultural and Conservation that exceeds in degree

the general interest in community good shared by all persons because of

their on going and continued use of the Rainbow River adjacent and

22

proximate to the subject development and these interests will be adverselyaffected by the inconsistent development

67 Franklin W Roth owns and resides on property located across

the Rainbow River near and proximate to the development at 19526 Burkitt

Drive Dunnellon FL 34432 approximately 491 feet away and will suffer

an adverse effects to interests protected or furthered by the local

government comprehensive plan including densities or intensities of

development and environmental or natural resources on lands designated

Agricultural and Conservation that exceeds in degree the general

interest in community good shared by all persons because of their on going

and continued use ofthe Rainbow River adjacent and proximate to the

subject development and these interests will be adversely affected by the


23

REMEDY AND RELIEF REQUESTED

WHEREFORE Plaintiffs seek a full and fair de novo trial bythe Court on the merits under Florida Statutes 1633215 at theconclusion of trial an ORDER from the Court

REVERSING QUASHING and VACATING the Citys

approval as inconsistent with the Dunnellon Comprehensive Plan and

any and all appropriate declaratory mandatory and injunctiverelief under Florida Statute 1633215 including demolition

Pinecrest Lakes Inc v Shidel 795 So2d 191 Fla 4 DCA 2001cert denied 821 So2d300 Fla 2002 and

Any other relief deemed appropriate by the Court in this matter

Respectfully Submitted

Ralf B ookes AttorneyFla Bar No 0778362

1217 E Cape Coral Parkway 107Cape Coral Fl 33904239 9105464866 341 6086 faxElectronic service schedulingpreferred atralf@ralfbrookesattorneycom

24

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has beenfurnished by fax email or US mail on this April 16 2010 to the followingCity Attorney City of DunnellonMarsha SegalGeorge EsqFowlerOQuinn Feeney Sneed PA28 West Central Boulevard Suite 400Orlando FL 32801Fax 407 425 2690marshaisg@bellsouthnetMayor and City CouncilCity of Dunnellon City Hall20750 River Drive

Dunnellon FL 34431

Attorney forConservation Land Group LLC and Rainbow River Ranch LLCKenneth G Oertel EsqOertel Fernandez Cole Bryant PAPost Office Box 1110Tallahassee FL 323021110Fax 850 521 0720koertelohfccom

Ralf B ookes AttorneyFla Bar No 0778362

1217 E Cape Coral Parkway 107Cape Coral Fl 33904239 9105464866 341 6086 faxElectronic serviceschedulingpreferred atralf@ralfbrookesattorneycom

Asfiled with the5th Circuit Court110 NWlAveOcala Fl 34475

25

Exhibit A

March 19 2010 letter from DCA

26

134 Or

STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRSDedicated to making Florida a better place to call home

CHARLIE GRISTTHOMAS G PELHAM

GovernorSecretary

March 19 2010

BY FACSIMILE AND USMAIL

The Honorable Fred R Ward MayorCity ofDunnellon20750 River Drive

Dunnellon FL 34431Fax 352 4658505

Re Proposed Settlement Agreement between Conservation Land Group LLCRainbow River Ranch LLC and the City of Dunnellon

Dear Mayor Ward

Two citizens from your area Bert Eno and Louise Kenney have brought to my attentiona proposed settlement agreement that will be considered by the Dunnellon City Council at aspecial meeting this evening My staff and I have examined the agenda materials available onyour website It is clear that the proposed settlement agreement violates several provisions ofFlorida law and I urge the City Council to reject it

First the settlement agreement contemplates approval of development orders that are notconsistent with the Dunnellon Comprehensive Plan The present designation of the Property isAgriculture which allows one dwelling unit per ten acres or one per five with clustering Thesettlement agreement which would authorize 349 dwelling units and 100000 square feet ofcommercial with an additional 101 units and 25000 square feet of commercial that might beconstructed at some unspecified site is clearly not consistent with the Citys ComprehensivePlan

Second the settlement agreement appears to be based on a mistake of fact Paragraph4b of the settlement agreement states that the Property is vested for the Mixed Use land use

2555 SHUMARD OAK BOULEVARD TALLAHASSEE FL 32399 2100850 488 8466 p 850 921 0781 f Website wwwdcastatefl usCOMMUNITY PLANNING 8504882356p 8504883309I FLORIDA COMMUNITIES TRUST 8509222207 p 8509211747 1

HOUSING AND COMMUNITY DEVELOPMENT 8504887956p 8509225623I

The Honorable Fred R Ward MayorMarch 19 2010Page 2

designation The Property has never been designated for Mixed Use under the DunnellonComprehensive Plan The City adopted Mixed Use for the Property in 1996 but the Departmentfound that plan amendment not in compliance and the Mixed Use designation never becameeffective The not incompliance determination was resolved by a remedial plan amendment in2001 which designated a portion of the Property adjacent to County Road 484 Commercial andResidential Medium Density but designated approximately half of the Property near theRainbow River as Agriculture and Conservation The remedial amendment was accompanied byan Agreement Limiting Development executed by the owner of the Property that specified thatthe total number of units on the portion designated as Agriculture would be no more than 30The important point of course was that development was directed away from the RainbowRiver The proposed plat attached to the pending settlement agreement shows many more than30 dwelling units in the area designated as Agriculture and shows additional dwelling units in thearea designated as Conservation under the 2001 remedial amendment

Furthermore the Agreement Limiting Development specifies that any change in thelimitations provided in that Agreement shall be effective only if adopted by further amendmentsto the City of Dunnellon Comprehensive Plan in accordance with the formalities then requiredfor amendments to the Comprehensive Plan The settlement agreement proposes to approveincreased units near the Rainbow River without a plan amendment in violation of the AgreementLimiting Development and in violation of the overall 2001 settlement agreement with theDepartment

Thirdly paragraph 4b of the settlement agreement purports to amend Objective 1Policy 16 of the Future Land Use Element It is not possible for the City to amend itsComprehensive Plan in an agreement The only way that the Comprehensive Plan can beamended is by adoption of a plan amendment under the procedure in section 1633184 FloridaStatutes This attempt to amend the Comprehensive Plan by agreement will be invalid and anydevelopment order that relies upon the attempted amendment will be subject to challenge byaggrieved and adversely affected persons

Paragraph 19 of the settlement agreement mentions changing the land use designations ofthe Property for ad valorum tax purposes It is not clear whether this means changes to the landuse designations on the future land use map of the Comprehensive Plan but if that is intendedthen such changes also cannot be accomplished in an agreement

Fourthly paragraph 20 of the settlement agreement states that In the event of a conflictbetween this Agreement the Citys Comprehensive Plan or Land Development Regulations orother rules or ordinances this Agreement shall prevail This is clearly incorrect as a matter oflaw All development and all development orders must be consistent with the ComprehensivePlan Section 1633194 Florida Statutes


The proposed settlement agreement is based on the Bert Harris Act The Bert Harris Actdoes not override the provisions of the Growth Management Act Section 1633211 of theGrowth Management Act provides

1633211 Conflict with other statutes Where this act may be in conflict withany other provision or provisions of law relating to local governments havingauthority to regulate the development of land the provisions of this act shallgovern unless the provisions of this act are met or exceeded by such otherprovision or provisions of law relating to local government including landdevelopment regulations adopted pursuant to chapter 125 or chapter 166

I urge you to reject the settlement agreement as inconsistent with the presentComprehensive Plan and as inconsistent with the 2001 Settlement Agreement between the cityand the Department If you have any questions concerning these issues please contact me orAssistant General Counsel David Jordan

Sincerely yours

Charles Gauthier

Director Division of Community Planning

TPdj

cc

Frederick C Stark ViceMayor Dennis Evans Council MemberCity ofDunnellon City of Dunnellon20750 River Drive 20750 River DriveDunnellon FL 34431 Dunnellon FL 34431

Penny Fleeger Council Member Lynne McAndrew Council MemberCity ofDunnellon City ofDunnellon20750 River Drive 20750 River DriveDunnellon FL 34431 Dunnellon FL 34431


Marsha SegalGeorge Esq Lisa Algiere City ManagerCity Attorney City ofDunnellonFowlerOQuinn Feeney Sneed PA 20750 River Drive28 West Central Boulevard Suite 400 Dunnellon FL 34431Orlando FL 32801 lalgiereCdunnellonorg407 4252690

Kenneth G Oertel Esq Ms Louise KennyOertel Fernandez Cole Bryant PA 19970 Ibis CourtPost Office Box 1110 Dunnellon Florida 34432Tallahassee FL 32302 1110Fax 850 521 0720

Mr Burt Eno

9220 Southwest 193rd CircleDunnellon Florida 34432

Exhibit B

Aerial Maps of Individual Plaintiffs properties

and

RRC lands of interest

including adjacent Blue Run Park and Rainbow River State Park

27

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Exhibit C

Settlement Agreement dated March 19 2010

28

Conservation Land Group LLC and Rainbow River Ranch LLCand the City ofDunnellon Settlement Agr ement

This Agreement is between Conservation Land Group LLC and Rainbow River RanchLLC Property Owners and the City of Dunnellon City

WHEREAS the Property Owners have filed claims against the City which include claims

under the Bert Harris Act S 70001 FS and the City has claims against the Property Ownersthe Property Owners and the City have reached a common understanding to resolve all suchclaims it is therefore agreed

i This Agreement is intended to resolve all claims brought by the Property Owners

against the City all claims brought by the City against the Property Owners whether pending ornot which exist at the time this Agreement is executed by all parties When it is approved by theCity Council this Agreement will be submitted to the Circuit Court for the entry of a consent

judgment and to satisfy S 700014dFS The settlement will include record plat approval forthe Property Owners parcels noted in Exhibit B based on the preliminary plat attached hereto

as Exhibit A to this Agreement The procedures outlining the steps necessary for preparationand filing of the record plat documents are noted in paragraph 27 below Once recorded the

record plat documents will become an attachment to the consent judgment along with this

Agreement The Agreement does not become final until the plat is recorded and is accepted bythe Circuit Court and the time to appeal has run or if appealed when a decision is rendered

which affirms the legality ofthis Agreement When this Agreement becomes final the PropertyOwners and the City will file voluntary dismissals of all pending claims against each other A

legal description of the parcels subject to this Agreement is attached as Exhibit 13 As used in

this Agreement the term Project means the Preserve at Blue Run a mixed use planned unitdevelopment The site design properly reflects the importance of the protection of the

ii

i

1critical environmental and natural habitat areas of the Property Some of the these

environmentally friendly design features include large contiguousgu greenway trails walkable

neighborhoods a varietyg s of housing choices and 4 protective buffer along the Rainbow River

The Project subject to this Agreement is described in the preliminary plat attached to thisAgreement as Exhibit A

2 The City of iDunnelion City Council will adopt a Transfer of DevelopmentalRightsOrdinance TDR Ordinance within 120 daysafter thesigning ofthisAgreement and thevested rights of the Propertyasnoted in paragraph4below willbeeligible to participate in thatprogram The TDR Ordinance shall allow the transfer of development rights from this Propertyto other properties within the City or Marion County TDR units from this Property will not besubject to4u1ditional zoningapprovals for receiving lands identified in the TDR Ordinance

3 Prior to consideration of converting platted commercial Property to residential

dwelling units based on the conversion factors inparagraph 4 the maximum residential dwellingunits for the Project may not exceed 349 The conversion of commercial Property to residential

units or the request by the Owner to implement the Alternative Development plan as noted in

paragraph 25below shall require only administrative approval by theCity Manager or the CityManagersdesignee For theparcels subject to the Settlement Agreementandconsent judgmentadditional approvals such as minor amendments to the recorded plat adjustments to road

locations lot lines easements drainage areas etc City construction Permits for docks and

boardwalks and other similar requests shall require only an administrative approval by the CityManager or theCityManagersdcsignee Approvals ofsame will beiliandlodiin a timely Manner30 days and willlnot unreasonably be withheld

2

1

4 The Property shall be determined to be vested for450 dwelling units and 125000

sq ft of commercial space on 25 acres The commercial space allowed for under thisagreementshall be limited a maximum of 10 acres and 400000sqft Pursuant to Ordinance No 0102

which is attached hereto andsincorporated herein by reference within Exhibit 111 the Cityamended its Comprehensive Plan and its Future Land Use Map and in accordance with

Composite Exhibit B which is contained D to this Agreement grantedthe Owner

aMixed Use LandUse with a PUD zoning in 2001

a At the discretion of the Owners all or a portion of the commercial space

allowed for under this agreement can be converted to residential dwelling

units The conversion factor is 2000 square feet of commercial space is

equal to one dwelling unit As described above no more than 349 units

may be built onsite other than those added using the commercial

conversion factor based on an administrative request Any unused units

along with the balance of any unused commercial Property which are

vestedshallbeavailable for the TDR program

b The land use designation for theproperty vested as Mixed Use is defined

by Objective I Policy 16 of the Future Land Use Element Goals

Objectives and Poliviesofthe Dunnellon Comprehensive Plan Since this

is a settlement of two Bert Harris Claims and the City has recognized that

the Owner has vested rights with regard to residential and commercial

uses Policy 16 is modified to include up to 100000 square feet of

commercial and to exclude under Policy 16 subset a c f gh and j

Furtherit isrecognized thatadjustments may be made to the Project based

3

on Community scale issues within ithe Mixed Use Land Use categoryThese adjustmentsmay be madeiadniinistratively by the City Manager orhisherdesignee The permitted uses include residential defined as homes

built inplace and not a mobile or manufactured home commercial

neighborhood office artisan uses personal service civic culturaltransient lodging bed and breakfast establishments recreational vehicle

parks religious facilities and financial services

i Recreational types of uses are allowed for the Project and are any

of the common recreationalclubhouseamenity type of uses

associated with a mixed use waterfront developmentii Conservation agriculture and public uses are allowed on the

Project

c This Agreement recognizing this Project as a PUD shall allow a varietyof residential products defined as a variety of residential products that are

built in place and are not mobile or manufactured including but not

limited to single familycluster common wall housing work

live housing multi family housingandtownhomes1 A variety of commercial uses including but not limited to retail

specialty retail service tourist sales public health careassisted

livingandresidential are allowed The PropertyOwnercanconvert

some or all of the commercial square footage allowed for under

this Agreement to residential dwelling units as follows 2000

4

square feet of commercial weals equal to one residential unit

adding nolmore than50additional units to the Project

ii All developmentsubject to this Agreement shall be accomplished

under a Homeowners Association structure The Owner may

consider creating alCommunity Development District CDD asa

financing tool to provide necessary infrastructure to the Project

Thewould look favorablyoncrcation ofsuch a district

Property Owners shall furnishtheCitywith an easement for City

Owned and supplied Utilities Building heights will conform to

currant height restrictions in the Citys Land Development

Regulations

5 It is recognized that the Property Owners will be required to apply to the

Southwest Florida Water Management District SWFWMD for an Environmental Resource

Permit including Stormwater Management Permits The Property Owners will also be requiredto apply to the SWFWMDDEP with regard to additional dock permits At the time that

application is made the Property Owners will furnish the City ofDunnelion with a copy ofthe

application The City of Dunnellon will have the opportunity to review and comment in a

timely manner regardingthat application with the understanding that the basis of review and

comment is limitedtotherelevant sectiontofthe SWFWMD and DEP regulations found in the

Florida Administrative Code as it pertainstodock applications FAC1820 and FAC18

21 associatedwiththcapplication A separate City drainage permit andorsubmittal will not be

required The City agrees to accept the determinations made by SWFWMD and DEP and

subsequentlyissue any necessary City construction permitsassociatedwiththe application

5

6 Subject to Paragraph 25 below and the septic systems already in use on the

parcels within the Project septic tanks will not be allowed onsite The development of thisProject shallbesubject to the requirement that alt structures shallltie connectedtoa central sewer

system and an approved public or private central water system as will be outlined in a future

Utility Services Agreement Toioffset potential expenses that theiProperty Owners may agree toundertake in the future for the installation of necessary utilities the City will allow a

reimbursement schedule to the Property Owners from impact fees connection fees or other

revenue sources ata formula to be determinedand made partofafuture utility agreement for the

parcels within the Project7 Several Smart Growth principals have beer utilized in the planning and design

the Preserve at Blue Run Theseinclude providing a wide range of housing choices and a mix of

land uses walkable neighborhoods the preservation of large contiguous open spaces and theprotection of the natural beauty of the Property and preservation of the critical environmental

areas by establishinga restrictive 100 foot buffer along the Rainbow River corridor Overall this

Piojecthas been designed to achieve a low gross residential density between 120155 dwelling

units per acre with a minimum of 30 percent of the Project retained as open space Many of

todaysland development trends such as Smart Growth Green Development Best ManagementPracticesand Sustainability have been utilized in the design ofthispropsed development

The large amount of open space designed intothis master plan allows over 90 percent of

the proposed home sites toiback up to common open space or greenbelts These greenbelts are

largely plirnned along the natural areas ofthe parcels within the Project andwill be utilized for

stormwater retention and treatment tree protection areas habitat corridors and other passiverecreation uses

6

The Preserve at Blue Run Project has been carefully designed with an emphasis onpreservation of the natural site features Of utmost importance is the protection of the one plus

milt of frontage along the Rainbow River which is an Outstanding Florida Waterway and anAquatic Preserve The riverfront lots were specially designed as large estate lots of I acre or

larger insize The low intensityudevelopment of these estate lots will facilitate the protectionthe natural existing vegetation and tree canopyulong the riversedge

8 The Property Owners will agree to place a 100 ft protective buffer along the

riverfront measuredlandward 100 from the ordinaryhighwater line

Plat approval will require a setback of 100 feet from the Ordinary High Water Line

OHWL of the Rainbow River and 25 feet from a jurisdictional wetland line for the primaryresidential structure on each waterfront residential lot All residential structures on non river

front lots will also be set back 25 feet from any jurisdictional wetland lines Within the 100 foot

buffer the only structures permitted shall be docks walkways and a gazebo type structure per

lot No residential structures may be located within this 100 ft buffer and no gazebo may beconverted to a residential structure

9 Each waterfront residential lot is allowed to construct one single familyresidential dock and associated walkway permitted and constructed subject to DEP Florida

Outstanding WaterAquatic Preserve standards within the 100 foot set back line from the

OHWL of the Rainbow River

10 The parties to this Agreement recognizeandacknowledge that those portions of

the parcels within the Project which abut the Rainbow River and associated coves possess

riparian rights which include the rights of access and egress reasonable use and the righttoan

unobstructed view of the Rainbow River In order to maintain a balance between the riparian

7

rights of the Property Owners and the protection and preservation of the River the Property

Owners haveagreed to provid0a100 foot protective bufferalong theriver corridor Thebuffer

vegetationrestrictions are furtherdefnediiExhibitC In addition to the vegetation restriction

within the protective buffer theProperty Owners agreetofadopt the following Best Management

PracticesandStandards for the protectivebuffer

a The use offertilizersand pesticides withinthe bufferr area areprohibited

Theuseof fertilizers and pesticides outside the buffer area must adhere to

those standards that are currently adopted by the City of Dunnellon and

thatareapplicabletoevery other Property Owner in the City

b Theuseof herbicides within the buffer areaisonly allowed when used for

the control of invasive exotic vegetation u listed by the Florida

Department of Environmental Protection and must be applied by a

licensed applicator

c Withtheexception the existing managed turf areas that fall within the

bounds of the protective buffer already having managed turf and being

maintained the installation and maintenance of managed turf within the

buffer areeis prohibited

d With the exceptionright to fill in the existing cow pond on

the parcels subject to approval by Southwest Florida Water Management

District the wetlands will be preserved in their natural state and

maintained in accord with the conditions Exhibit C and the riparian

rights of the Owner acknowledged in this Agreement The dredging and

filling of any wettandilocated within the 100 buffer is prohibited

8

The procedures and definitions allowing for the removal andor maintenance of

vegetation and trees within the buffer area are detailed in Exhibit C which is attached and

made part ofthis Agreement

11 The Project along County Road 484 shall be screened from view by either a

landscaped wall berm orthick vegetative barrier that recreates an attractive vista for residentsand visitors traveling along County Road 484 Absent specific specifications the parties

recognize that the wall or landscaped berm has adimensional height composition and is not flat

or level withthe landoron County Road 484

12 Plat Approval Pursuant to this Settlement Agreement the Property Owners will

receive a recordiplat for this Project described as the Preserve at Blue Run The record plat shall

be prepared by a surveyor or engineer registered in the state and is to be clearly and legibly

drawn in black India ink or tracing cloth or mylar as required for filing for record in Marion

County Where not in conflict with intent of this Agreement Section98103 paragraphs 01

through a14 Dunnelion Code of Ordinances will guide the preparation of the record plat

Three mylar prints and three paper prints of the final plat and one copy of the required

supplementary material shall be submitted for the filesnf the City

13 Project onsite amenities include club housesswimming pools picnic areas

restrooms boardwalks footbike paths gazebos tennis courts basketball courts horseshoe pits

waterfront kayakand canoe launch locations community docks community gardens

fencing gates signage entry features and boatRV storage Additional amenities not listed

above may be requested and approvedadministrativelybythe City Manager or designee

14 The Property Owners shall comply with Chapter 497 FS for any disturbanceof

any existing gravesitesand will protect the existing Blue Run Cemetery on site

9

15 Open space on this site shall be a minimum of 30 Stormwater treatment areas

wetlands river front buffer areas and conservation areas will all be counted as open space areasPassive recreation bike and foot paths are allowed uses within the open space

The City must determine concurrency in ordertoapprove thelecord plat for this ProjectThe Project must comply with the City of Dunnelion roadway potable water sanitary sewersolid waste schools parks fire police and stormwater drainage level of service standards

Furthermore connections to MarionCounty roadways must meet Marion County Transportationconstruction standards Potable water sanitary sewer solid waste schools parks fire and

police concurrency shall be presumed to be satisfied for the Project by the Ownersacceptanceof the conditions contained within this agreement However stormwater drainage must be

permitted by the Southwest FloridaWater ManagementDistrict

Based onthe Citysinitial review the Owner will construct aright turn deceleration laneand left turn lane into their site At this point a signal is not warranted The approximate

construction costs for these improvements are estimated at 12500000 All internal roads

within the development will be private but will be built to standards which will accommodate

emergency vehicles

16 The City will give final construction permit approval CC to all existing docksonsite subject to compliance with DEP OGC File No 094227 This approval will

acknowledge the acceptance of those docks as non conforming accessory structures that will

become conforming as the attached lot is developed New dock construction permits shall be

administratively approved after approval by state permitting authorities Otherthan gazebo type

structures docks boardwalks and footpaths all constructiononthe site shallbesubject to a 25 ft

setback from existing wetlands

10

17 The Project may be constructed in 8 phases as determined appropriate by the

Property Owners Prior to the commencement of the construction of a phase the Owner shall

provide the City Manager with a description and map of each phase which is planned for

development atthat time The phasing of the Project shall allow development of anyone area or

buildingsitesat a time

18 Golf can use within thelboundary of the Property shall be permitted including a

crossing at Hendrix Road Appropriate provisions will be made for a safe crossing of Hendrix

Road by creating a pedestrian and cart crossing area that is clearly delineated with appropriate

signage or pedestrian signalizationifsafety so requires

19 The existing land use designations for the parcels within the Project shall not be

changed for ad valorem tax purposes until development begins on the parcels within the Project

subject to this Agreement If the development is done in phases only that phasebeing developedshall be subject to reclassification

20 In the event of a conflict between this Agreement the Citys Comprehensive Plan

or Land Development Regulations or other rulesorordinances this Agreement shallprevail21 Developer agrees to add a fee to mitigate extraordinary impact on the City with

regard to provision of City service due to the size of this Project Thefee shall be 500tinit and

paid at the timeabuilding permit is pulled foraresidentiul use For a commercial use the fee

will be5002000square feet of commercial TheCity will not charge application fees for any

zoning or development approvals which are addressed in this Agreement All other fees for

approvals not specifically described such as building permits and impact fees are not excused

by this Agreement andarestill applicable

11

22 The City has determined that the Project needs an emergency access point

allowing emergency vehicles to access the Project at the time of an emergency from a pointestablished along SW 190 Avenue This location is documented on Exhibit A The City and

Owners acknowledge that the impact of this Project over time will require increased staffingequipment and eventually a new public safety building to house both fire andor police

personnel The payment associated with these increased service costs and impacts is addressedin Paragraph 21 and paragraph 24

23 Wastewater and Potable Water Utilities The Property Owners recognize that the

City does not have sufficient water or wastewater capacity to serve the Project at full buildout

without significant infrastructure improvementsToestablish water and wastewater concurrencythe Property Owners agrees asfollows

a Equivalent Residential Connection ERC is defined as one ERC

wastewater is equal to 300 gallonsday for wastewater and one ERC

potable water is equal to 350 gallonsday for potable water at averagedaily flows

b Wastewater Impact Fee Thewastewater impact fee per ERC is180500c Potable Water Impact Fee Per City ordinance water impact fees are

10000 per fixture unit and for the purposes of this Agreement each

residentiali unit is assumed to have 12 fixture units Therefore the potablewater impact fee perERCisi120000

i Potable Water The City Engineer is currently doing av water

system study for the City to determine the condition and capacity

ofthe existing City water system As an outcome of that study the

12

City will notify the Property Owners if it is found that any water

capacity exists At that time the Property Owners will have the

right toreserve ERC capacity by paying120000perERC

The PropertyOwners understand that theestimatedcost associated

with the construction of a water facility sized to provide potable

water and fire flow for the Property Owners Project only is85000000 Furthermore the Property Owners understand that

prior to developing any phase of the either1 City has existing capacity to serve the planned phase and

the PropertyOwnerswillreserve the capacity by paying theappropriate impact fee

2 City has constructed a new water facility and the Property

Owners will reserve the required capacity for the plannedphaseby paying the appropriate impact fees

3 PropertyOwners will construct a new water facility upon

completion of such a facility will transfer to the City all

rights to the facility as agreed upon in a future Utility

Services Agreement between the parties and in turn will

receive credits as noted in 6 above

ii The Property Owners have identified a 1 acre site at the Parcels

for the construction of a new water facility for the Project or

regional facility as noted in c below If it is determined by DEP

that the site identified is not suitable for any reason then the

13

Property Owners will make a contribution of 5000000 to the

City towards the purchase of an alternative site The terms and

conditionofthis contribution will be addressed in the future UtilityServices Agreement

iii The City may decide to construct a regional water facility whichthey have estimated may cost1600000 If the timing for the

construction of this regional water facility corresponds with the

time frame for the development of the Project the Property

Owners and the City will endeavor to pool their funds as

earmarked for their independent water facility needs and build the

regional facility to serve the Project and the City public service

territory The terms and conditions of this partnership will be

addressed in a future Utilities Services Agreement between theparties

231 Wastewater Treatment The City currently has a minimum of 265 ERCs of

capacity availableto serve future growthofthe City

a The Property Owners andCity agree that at any time during the 18 month

period following the execution of this Agreement the Property Owners

have the right of first refusal to reserve for the Project a portion or all of

the 265 wastewater treatment ERC capacity by prepayment of the current

wastewater impact fee rate as noted above

b After the initial 18month period the Property Owners and City agree that

the Property Owners have the right of first refusal to reserve for the

14

Project aportion or allofthe remaining 265 ERCs not already purchased

under the terms ofa above However the Property Owners willbesubject

to the prevailing wastewater impact fee rate at the time and understand

that the City will be adopting a new wastewater impact fee ordinance

based on their rate study The new wastewater impact fee is projected to

beS347100perERC

24 The Owner shall either donate a site Which wouldaccommodate a 68000 square

foot Public Facility or pay to the City the sum of5000000for the acquisition or construction

ofa Public Facility within 12 months ofthe start ofconstruction on any phase ofthe Project25 Alternative Development Plan The Property Owner shall have the option of

developing the Project iman alternativedevelopment pattern than has been previously described

Should the Property Owner cliooseto develop theProject for 10 or fewer home sites the Project

does not need to connect to central sewer or water For such alternative development of the

Project the individual homeowners will be responsible for providing their own potable water

Septic Tanks will be allowed under the following conditions

a No septic tank or drain field shall be closer than 200 feet from the OHWL

ofthe Rainbow River

b Each septic tank must use aerobic treatment units approved bythe Florida

Department of Health and which are designed to provide a recovered

water product which contains not more than 10mg1of total nitrogen

Should the Property Owners or their heirs or assigns elect to develop theparcels in this fashion only the following paragraphs of this Agreement

shall not apply 4cjii 6 11 15 18 21 22 23 and24

15

26 This agreement shall run with the land and shallapply to the heirs and assigns of

the present Owners and the successors in interest of the signatories27 Record Plat Procedures The following procedures will guide the common goal

of the parties to this Agreement as it relates toa final plat on theProjecta Once this Agreement is signed by all parties the Property Owner will

instruct his engineer and surveyor to prepare the documents necessary for

submitting to the SWFWMD for an ERP and to Marion County

Department of Transportation for driveway connection permits on the

ProjectIt is estimated that preparation of the documentsforboththe ERP

andMarioCounty DepartmentofTransportation five months

b Once the submittal documents are complete the Owners engineer will

submit therequiredcopies toSWFWMD Marion County Department of

Transportation and at the same time deliver a copy of the submittal

package to the City of Dunnellonfortheir review of same as allowed for

under this Agreement It is estimated that the review and approval by all

listed reviewers may take a minimum of three months

c Once the City has received the record plat documents from the Owners

engineer for signature by the Mayor City Clerk and City Engineer the

City shall have the documents signed sand returned back to the Owners

engineer for recording within Kdays ofireceipt

d Once the Owner has received the signed record plat documents back for

thethe Owner shall have the documents recorded at Marion County

16

Once the plat is Recorded the Owner will provide copies to the City asnoted in paragraph 12 c above

28 If this Settlenient Agreement or any of its material terms or provisions or anyaction contemplated hereunder and necessary forthe implementationofany material provision of

this Settlement Agreement is invalidated or prevented by thefinaljudgment of any court or final

agency action of any administrative agency then the Property Owners may refile a claim in

circuit court under the Bert Harris Act to challenge any government action taken by the City asof the time of this Settlement Agreement The City agrees that the Property Owners time to

prosecute such claims under the Bert Harris act or any action arising fromtransactions that were

or couldberaisedina Bert Hams Act together with any assertion of any claim or demand under

the Bert Harris Act is tolled between the date the City Council approves this Settlement

Agreement and the time that the Property Owners refile their claim The City further agreesunder such circumstances not to plead the affirmative defenses of release aches waiver

estoppel statute of limitationsoranytime limits for filing a claim or providing notice under theBert Harris Act Furthermore as to any govemment action taken as of the time of this

Settlement Agreement the City waives all presuit requirements as provided in the Bert Harris

Act including written notice and delivery of a bona fide appraisal The Property Owners do not

waive any rights or claims under the Bert Hams Act for government actions taken by the Cityafter the date of this Settlement Agreement

IN WITNESS WHEREOF the Parties have executed this Agreement as of the datesset forthbelow

Area intentionally left blank Signature pageto follow

17

By By 61 i4Gerald S Dodd managing member ontehalfof Kenneth G Detelattorney forRainbowlRiverRanch LLCand Rainbow River Ranch LLC andConservation LandGroup LLC Conservation Land Group LLC

This 7 dayofMarch2010 Oertel Fernandez ColeBryantPA

301SBronough Street Suite 500PO Box 1110 323024110Tallahassee Florida 32301Phone 850 521 0700Facsimile 850 521 0720

This 9day of March 2010

ByFred Ward on behalfof Marsha Seg e rgeattomeyp rCity ofDunndlon City ofDun Ion

Date INr19 t0FowlerOQuinn Feeney

Sneed PA28 W Central Blvd Suite 400Orlando Florida 32801Phone407 4252684Facsimile 407 4252690

This 9 day of March 2010

By f 4AQ a Towne City Cler

This7 dayof March 2010

18

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NW 14OF SE 14 ANONE14 Or EFL 14 BOTH SOWN NO EASTOFBTai SPRINGS RUM EXCEPT 868104810 AT A PONT THAT 1S7745UT SOUTH ANp 23125 FLEET MST FROM AIE NE CORNER C 111E SE 14 Or SECTION 25 1CAMMAN 16 SOUTH RANGE 18 EAST50 0ONT 8EN0 DIE POIN7OF 860556110 AND11111901114MST MONT or RAY UOF111E SEABOARD AMLINE RAILROAD THOME500111 49 DEGREES 50 W 451 FEET AL MO THE MST ROOT OF WAY UNE OF 111E SEAWARD AR UNE RAILROAD THENCE RUN MST 2231FEET MORE OR LESS 10 11EWATERVED8E Or BLUE ms THENCENOr11EAS1ERLY 18111 116 YFJUOERNGS OF THE SAID SUE RU11 TO APOWT THAT 15 3751661 REST Or THE FONT Or80611010 1LE110E EAST 375 FEET TO 111E PONT Or00509110 ALL LYOKU MODEM INTNC 11RL 14 or THE 8E 1401SCCRON 25 RPTOIN1 SOWN MODEM EAST NO 111 111ENE14OF 1401SECTION 105090 I6 MUM RNICE 18 EAST ANDEXCEPT 5E001NNCATA POINT THAT iS 10703FEET

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COMMENCE AT THE SOUTHEAST CORNER OF SECTION 25 TOWNSHIP 18 SOUTH RANGE 18 EAST THENCEN001742 FOR 56003 FEET THENCES894218WFOR 329219 FEET TO A POINT ON THE

IORDINARY HIGH WATER UNE OF THE BLUE RUN RIVER ALSO BEING THE POINT OF BEGINNING THENCESOUTHERLY ALONG SAID ORDINARY HIGH WATER UNE FOR THE FOLLOWING 29 CALLS THENCE5103229WFOR 5967 FEET THENCE52477281Y FOR 4867 FEET THENCE S074010WFOR8431 FEET THENCE5133723WFOR 6407 FEET THENCE S151108E FOR 5134 FEET THENCES015614EFOR 7280 FEET THENCES080504EFOR 7249 FEET THENCES290327EFOR4837 FEET THENCES08391116 FOR 8030 FEET THENCES11565216 FOR 4519 FEET THENCES1500231 FOR 5876 FEET THENCES0i5909WFOR 1127 FEET THENCES0449S7WFOR

1 3000 FEET THENCE S21000719 FOR 2745 FEET THENCE S36 28539FOR 6154 FEET THENCES61192619 FOR 3879 FEET THENCE52T44321NFOR 3311 FEET THENCES76575319 FOR5183 FEET THENCE N730039W FOR 6683 FEET THENCEN064617WFOR 5142 FEET THENCES77270419 FOR 2606 FEET THENCEN570520WFOR 5488 FEET THENCE N7640589FOR3992 FEET THENCES40225519 FOR 4160 FEET THENCEN801754WFOR 5063 FEET THENCEN3256 FOR 5903 FEET THENCE N0830 18EFOR 3883 FEET THENCE N433716W FOR2891 FEET THENCE N6244379FOR 3093 FEET TO THE APPROXIMATE HISTORIC EDGE OF THEBLUE RUN RIVER THENCENALOND SAID HISTORIC EOGE FOR 8172 FEET THENCEN185130EFOR 109 94 FEET THENCEN3T59161 FOR 9269 FEET THENCEN461859EFOR8355 FEET THENCE N532243EFOR 9766 FEET THENCE N511321EFOR 14759 FEET THENCEN461FOR 10543 FEET THENCE N371224 FOR 9530 FEET TO THE PONT OF BEGINNINGCONTAINING 5 ACRES MORE OR LESS

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EXHIBITCTO THE SETTLEMENT AGREEMENTBUFFER AND VEGETATION RESTRICTIONS

It is the intention of both parties to preserve the tree canopy and the integrity of theshoreline within the 100 foot shoreline buffer along the Rainbow River It is also clear that theOwner has riparian rights pursuant to the lots created by this Settlement Agreement Each riverlot ownerhas the right toodockaccesstotheir dockond the right toan unobstructed view of thewater To that end the parties have attempted todefine and create workable procedures thatrecognize bothihe lotowners lawful riparian rights and the goal of conservation and protectionwith regard to the Rainbow River shoreline and vegetation The following procedures anddefinitionsshallapply tothe reitioval and or Maintenances of vegetation within the bounds of theproperty and within the 100 foot shoreline buffer area of all lots in the Preserve at Blue Rundevelopment

1 Definitions

Administrative Request A written request by a property owner to the Dunnellon CityManager or hisher staff designee stating that as the property owner heor she wishes to removeaprotec ted tree or a tree larger than 4 DBH

Bremer area The 100 foot area landward as measured from the Ordinary High WaterLine OHWL of any waterfront riparian lot on theproperty

Champion tree Those trees defined by the Florida Department of Agriculture andConsumer Services Division of Forestry of the American Forestry Association as being thelargest of their species within the State of Florida or within the US and shall include all treesotherthanprohibitedtrees36 or more DBH

Clear cut The cutting removal poison or in any other manner destroy or cause to bedestroyed all trees on a lot or property

Diameter at breast height DBH The tree trunk diameter as measured at 54 inchesabove the natural grade at the base of the tree

Hatrack A severe form of pruning a tree that removes all but the tr and largestbranches often resulting in death to

Heritage tree A native tree 20 or more DBH except for water oak laurel oak sweetgum and loblolly pine which must be 30 or more DBH to be defined as a Heritage tree

Property Is all lands contained as per the legal description attached to this SettlementAgreement as Exhibit B

Protected Tree Any Champion tree and Heritage tree as defined above or cypresstree ofany DBHisdefinedasaprotected tree

Prohibited tree and vegetation means Invasive exotic vegetation not native to Floridaand are those listed by the Department of Environmental Protection agency such as AustralianPine BrazilianPepper Camphor tree chinaberry Chinesetallow Melaleuca tree and silk oak

i

Prunin weans The cutting or removal of any part of the branchingg YP gstructure of a treein either thecrown trunkorarea

Tree Indigenous woodygrowthwithan existing DBH of 4or greater

Understory or Underbrush Plants and woody growth including but not limited toshrubs seedlings or saplings 4 DBH or smaller

2 Maintenance and Removal Requijeiigents and Procedures

The maintenance of understory and underbrush vegetation Jess than 4 DBH to allow anowner an unobstructed view of the river and reasonable use of the property shall not require aremoval permit or administrative request

The removal of prohibited trees and vegetation shall not require a removal permit oradministrativerequest

The removal of fallen or downed trees caused by storm or other natural causes shall notrequired removal permit or administrative request

The pruning of trees shall not require a removal permit or administrative request Hatracking as the methodpruning is prohibited

The removal of a protected tree is prohibited Unless an administrative request to the CityManager is made and can demonstrate that such removal is necessary and required for theconstruction of a dockorassociated with the riparian rights of the property

The removal of any tree greater than 4 DBH shall require an administrative request tothe City Manager The request must demonstrate via a master tree survey certified by aregistered surveyor that removal of the requested tree s would not reduce in total thecumulative DBH of all the trees located on the property to less than 70 if the master treesurvey shows that removal ofihe requested tree s would reduce the cumulative DBH of all treelocated on the property to less than 70 than additional trees will be planted in the buffer untilthe cumulative DBH erises above 70 Appropriate mitigation in this circumstance will behandled pursuant to an administrative request of theCity Manager Clear cutting is prohibitedAny subsequent requests for removal of a tree sgreater than 4 must include a copy of theoriginal master tree survey for the property demonstrating that from the date of the originalmaster survey related to the first request that the current request based on the original mastersurvey would not reduce in total the cumulative DBH all the trees located on the property toless than 70

2

Exhibit DI

ORDINANCE NO 01 02

AN ORDINANCE AMENDING THE CITY OFDUNNELLON COMPREHENSIVE PLANPURSUANT TO SECTION 163318416FLORIDA STATUTES IMPLEMENTINGTHAT CERTAIN PARTIAL STIPULATEDSETTLEMENT AGREEMENT BY AMENDINGTHE FUTURE LAND USE MAP

AUTHORIZING A CHANGE OF CERTAINLANDS DESIGNATED THEREONCONSISTENT WITH SAID AGREEMENTPROVIDING FOR REPEAL OFINCONSISTENT ORDINANCE ANDPROVIDING FOR AN EFFECTIVEDATE

WHEREAS the legislature of the State of Florida adopted the Local

Government Comprehensive Planning and Land Development Regulation Act of

1995 as contained In Chapter 153 Part II Laws of Florida and

WHEREAS the City of Dunnelion has prepared a Comprehensive Plan

which meets the requirements of the Local Govemment Comprehensive

Planning and Land Development Regulation Act of 1995 and

WHEREAS the Clty of Dunnelion pursuant to 1633184 Florida

Statutes adopted an amendment to the Comprehensive Plan in Ordinance No

9615 Item 941B DCA No 961 which said amendment was found to

not be in compliance by the State of Florida Department of Community

Affairs in its Statement of Intent to change the Comprehensive Plan

1

Amendments not in compliance dated February 19 1996 and

WHEREAS the City of Dunnelion and the Department of Community

Affairs have entered into a Stipulated Settlement Agreement dated February

13 2001 pursuant to163318416Florida Statutes and

WHEREAS the amendments herein are being adopted consistent with

and pursuant to said Stipulated Compliance Agreement that is attached hereto

as Composite Exhibit A and

WHEREAS said Stipulated Compliance Agreement provided for

remedial amendments which aresetforth in Composite Exhibit B

NOW THEREFORE be it ordained by the City Council of the CityofDunneilon Florida that

Section 1 That the Ctty of Dunnelion pursuant to the Stipulated

Settlement Agreement entered into by and between the City and the

Department of Community Affairs proposes to amend the City of Dunnellon

Comprehensive Plan consistenttherewith

Section 2 That the City of Dunnelion herein amends its ComprehensivePlan and the future land use map to reflect the land uses set forth in the

attached Composite Exhibit 6 that is incorporated herein by reference in its

entirety together with that certain Agreement limiting developmentSection 3 Severability If any portion of this Ordinance shall be

2

declared unconstitutional or if the applicability of this Ordinance or any

portion thereof to any person or circumstance shall be held invalid the

validity of the remainder of this Ordinance and the applicability of this

Ordinance or any portion thereof to other persons or circumstances shall not

be affected thereby It is the specific Intent of the City Council of the City of

Dunnellon that the severability as set forth above shall apply to this

Ordinance

Section 4 Repeal of Inconsistent Ordinances Any Ordinance In

conflict with thisOrdinance is hereby repealed

Section 5 Effective Date The effective date of the amendment shall

be the date that a Final Order is issued ty the Department of Community

Affairs or the Administrative Commission finding the amendment to be in

compliance and in accordance with Section 1633184 Florida Statutes and

the Stipulated Compliance Agreement executed by the City whichever occurs

earlier any developmental orders developmental permits or land uses

dependent on this amendment may be issued or commenced before It has

become effective If a Final Order of Non Compliance is Issued by the

Administrative Commission this amendment may nevertheless be made

effective by adoption by a resolution affirming its effective status a copy of

which resolution shall be sent to the Department of CoMmunity Affairs Bureau

3

i

of Local Planning 2740 Centerview Drive Tallahassee Florida 323992100

This Ordinance shall take effect at a adoption hearing pursuant to Section

163318415dFlorida Statutes

Upon motion duly made and carried the foregoing Ordinance was

approved upon the first and final reading on the lday of

00202 2001

CITY OF DUNNELLO FLORIDAATT r

II A 411Pi N lirc i4riPP M wne MC 3 May

Approved as to FormandCorrectness

e eM Haacj City A oneyHaag Friedrich Wilcox PA452 Pleasant GroveRoadInverness Florida 34452352 7260901

4

1X11113 ET A

CA 11eNtitlt or titL ti iiltl Pn rldi111 1r 1

1

STATE OF FLORIDA u W 0DEPAOF COMMUNITY AFFAIRS dN 1

rnCity ofDututelfon p

r cn vComprehensive PlanAmendment 961 Docket No 961 NOI 4203 A RNAdopted ByOrdinance No 96 15On December 16 1996

STATEMENT OF INTENT TO FIND ACOMPREHENSIVE PLAN AMEJdDMI3NT

NOT M COMPLIANCE

The Florida Department of Community Affairs hereby issues its Statement of Intent to

find Comprehensive Plan Amcndtnent 961 of the City of Dututellon adopted by Ordinance 96

15 on December 16 1996 Not In Compliance The Department finds thatthe phut amendment

isnotincompliance as defined in Section163318416Florida Statutes FS because it is

motconsistent with Sections 1633177 and 1633180 FSthe State Comprehensive Plan the

Withlacoochee ContprehensiveRegional Policy Plan andaule 915 Florida Administrative

CodeFACfor the following reasons

Ia FUTURE LAND USEMAPAM1sNDMENTS

A Inconsistent Provisions

1 Ordinance 9642 Items941Aand 94 1Bamends the City ofDunnellon Future Land

UseMap Item 94 1A a 32 acre site authorizes the change of 187acres from Residential

Density 1 duacResidential Medium Density 5 duacand 10 acre from Recreation to

Commercial lnaddition 123 acres of Conservation land use at the 32 acre site remainsas

Conservation Item 94113 which includes land annexed from Marion County authorizes the

change of 305 acres from Agricultural City ofDututcllcut I du5ac to 283 acresofPIuutcd

Unit Development PUD 5 duac and 22 acres ofRecreation 78 acres front Residential Low

Density City of Dunnellon I duac to PUD5duac 465 acres from Rural Land Marion

County 1 du10acy to PUD 5duJticand 10acresCityof Dunnellon to

PUD 5 duac items 94IA and 94 113are separated by County Road 484 andate adjacent to

the east side of the Raitibow River therefore the Future Land Use Map PLUM amendments

were reviewed for cutnulativeimpacts These FLUM amendmentsareinternally inconsistent

with the goals objectives and policies of the Cityscomprehensive plan for the followingreasons

A The amendments do not include data and analysis to justify higher residential

densities Also4heamendmentsaliowcommercialuscsin areas previously designated

agriculture rural land and low density residential without sufficient data and analysis to justify

the change The amendments do not ensure the protection of environmentally sensitive areasofthe Rainbow River because the amendmentsillow densities of5 duac and commercial uses in

an area that is not served by central waterandsewerFLUEPolicy11014

B Theamendmentsdonot analyze the cumulative itnpactsofthe land use changes to

the adopted levelsoof service on CountyRoad 484 County Road 40 and State Road 41 In

addition the amendments arenotconsistent with TCE Policy 31 becnitse there isno data and

analysis included regarding intergovernmental coordination between the City Marion County

andFDOTregarding future transportation needs ortheamendmcnts Traffic Circulation

Element Policies 1 Policy 21 andPolicy31

C The amendments do not include data and analysisio indicate that there is sufficient

potable water supply to support the land uses changes The only information submitted with the

amendments isa statement regaining the need for a future wellonthe cast side of the river In

addition tlic amendments do not ensure the protection oldie future potable water well because

lieFLUM docsmot neap the site asrequiredby 9J50064bfFAC The amendmentsclonot

analyze the proposed landuses to ensure appropriate activities within welilceadprotcction areas

as established in FLUE Policy 11C and InfrastructureElement211

D The amendments douot analyze compatibility of adjacent land uses impacts to open

space flood plains soils wetlands rivers streams wildlife and wildlife habitatenvironmentally sensitive lands and the Cross Fiorida FLUE Policy11A

E Theamendments do not encourageinlillandledevelopment of theCity of

Dtuutellonsurban core and fait to discourage the proliferation ofurban sprawl because the

amendments allow urban land uses ondieeast side of the Rainbow River an area which is

predominately environmentally sensitive and rural in nature In additionthearnendments havenot demonstrated aneed for theincreased residential density and have notidentified the ntunber

of residentiaiunits projected to beneeded during the planning time frame FLUE Policies 71

7273 7475 and 76

To summarize the findings theFLUManiendmentsarenotconsistent with Rulc9J5

Florida Administrative Code The amendments arenotsupportedbyan appropriate and relevant

landuseanalysisidentifying the availabilityoffacilitieseg transportation potable

water sewer and solidwastc to service new landusc Tlie amendments also are mot

supportcdbyan analysis of the land use to determinesuitability and an analysis of the amount of

land needed to acconunodateithcCityspopulation Furthermore the amendments indicate a

lack of intergovernmental coordination withthe County and state agencicsrregarding the need fur

trursportatiunimprovcmcnts In addition the aiirendments do not a nalyzc compatibility with

adjacent land uscsand natural resources and do not discouragetheproliferationofurban sprawl

Rules 9J5005 9J50055 9J5006 9J5011 9J5013 9J5015 and 9J5019 Florida

Administrative Code

Sections 1633177 and 16331 80 Florida Statutes

BRecomrnended Remedial Action These inconsistencies may be remedied by taking

the following action

1 Submit additional data and analysis demonstratinothe needfor the amendments and

the suitability of thesesites and show that theamendmentswill not degrade roadways below the

adopted levelofscrvice and will be developed concurrent with the provision ofpotable waterand sewer utilities Demonstrate that the amendments ensure the protection ofplanned potable

water wells are compatible wish onsite and adjacent natural resources do not proliferate urban

sprawl and are internally consistent with other comprehensive plan policies Demonstrate

coordination Marion County andstate agencies regarding futurectransportation needs

2 Alternatively the City shouldrescind the ordinance

Lb TEXT AMENDM

AProvisions

Ordinance 9642 amends the Conservation Clement Traffic Circulation Element Capital

Improvement Element and Future Land Use Element

1 Conservation Element The amendment revises Policy 68 lo restriet the designation

of conservation areas to only the jurisdictional lines of the Southwest Florida LVatel tvlanagement

District Department ofEnvironmcntal Protection and US Army Corps of Engineers In

addition the policy is revisedito permit the devclopmcntofnonjurisdictionalwcllands as the

adjacent land use Thisamendment is internally inconsistent with tlicgoals objectives and

policies of1heCityscomprehensive planbecause this amendment fails toprotcct wildlife

provide onsite conservation casetnentsandprescrvation areas for listed species coordinate with

other agenciesconceming listed species provide mitigalionfor listed species limit the density

andintensity ofdevelopment and to provide developments over 10 acres that are adjacent to the

Rainbow Riveraninventory of listed animalsandmeasures for mitigation

Conservation on ElementPolicies 21 61 626364610 and611

Additionallytheamendment Is not consistent withtherequirements of Rule 9J5Florida

Administrative Code The amendment doesnotcoordinatefutureland uses with the appropriate

topography andsoil conditions and the availability of facilities and services ensurethe

protection ofnatural resources and protect water quality In addition the amendment isnot

supported by comprehensive wetlands planning process which includes consideration ofthe

types values functions sizes conditions and locations ofwetlands and the directing of

Incompatible land uses away from the wetlands

Rules 9J5005 9J5006 and 9J5013 Florida Administrative Code

Section 1633177 Florida Statutes

ti

rli1 4 Ai1 1

2Traffic irculation clement This amendment changes Policy 11 by lowering the

acceptablelevelofservice LOSon C R 40 hdCR484 from LOS C to LOS E No data and

analysis was providcdtojustifyIhochangc in LOSstandards Also two new policies are added

Policy 15 which requires coordination with Marion CountytoensureaheexpansionofCR484

isprioritized and corresponds with growth andPolicy 16 which requires coordination with

Marion County to reclassify CR484 and CR40 from major and minor collectortto principal

arterials by 2010 This amendment is internally inconsistent with theCityscomprehensive plan

because it has not taken into consideration the impacts ofdevelopment and hasnot considered

the need towittrother municipalities nndagencies in thelowerfng of the LOS on the

two county roads

TrafficCirculationElementPolicies21and 31

Additionally the amendment is not consistent with the requirements of Rule 935 Florida

Administrative Code The amendmentisnotsupported by an appropriate andrelcvant analysis

to determine whether ittakes into account the effects of proposed growth and development upon

the transportation system

Rules 935005 9350055 and 9J501 Florida AdhninistrativeCode

Sections 1633177 and16331780 Florida Statutes

3 Capital Iniproveuhent Clement This amendment includes the same changes to the

level of service and other changes tothc County roads as presented for the Traffic Circulation

Element removes Policy 61 because it essentially repeatsPolicy 31 and replaces Tahlelwhich

makeschanges in recreational projects drainage projects and traffic circulation projects This

amendment is internally inconsistent with the Cityscomprehensive plan because itinclndcs Cite

same changes as presented in the Traffic Circulatioh I3lcment changeswiththe same

inconsistencies as enumerated above for the Traffic CirculationElement In addition the

schedule of the CIP does not identify funding sources for transportation and developersare not

held responsible for theirfair share costofimproving transportation facilities Furthermore the

changes would cause internal inconsistencies With other policies and tratlic conditions couldbemade worsewithno planned improvements because data is provided tojustify additional

roadway improvements necessary to maintain the adoptedLOS

Capital improvement Eletnent Policies 1121313263and the Concurrency management

System

Additionally the amendmentismot consistent with the requirementsofRule 9J5 Florida

Administrative Code The amendment is not supported by an appropriate and relevant analysis

to determine whetherittakes into account the fiscal responsibilities of growth and development

Rules 935005 and 915016 Florida Administrative Code

Sections 1633177 and 16331780 Florida Statutes

4 Futureland Use Element This amendmentchanges Policy 11014 to allow higher

densities inPUD developments This amendmentis internally inconsistent witlythe

comprehensiveplanbecause it does notconsider compatibility of adjacent land uses publicfacility availability impacts to natural resource protection and conservation casements andpreservation areas In addition the amendment does notjustify the need for increased residentialdensities or discourage urbansprawl

FLUE Policies 11 24 5758 and Objective 7

B Recommended Remedial Actions

1 Submit appropriate dataiandunalysis for all text amendments or

2 The City should rescindllieordinance

11 CONSISTENCY WITH THE STATE COMPREI11sNSIVE PLAN

A Jnconsistent Provisions The inconsistent provisions of the plan amendment under

this subject headingareas follows

1 The comprehelisive ptaIamemlment adopted by Ordinance 9642 is inconsistent with

the State Comprehensive Plan goals and policiesincluding the following provisions Rule 915021FACand Chapter 187 FS

Goal 8 WaterResources Policy 10 toprotect surface and groundwater qualityGoal 10 Natural Systems and Recreational lands Policy 1 to conserve wildlife Policy

2 to acquire public Iandsforconservation and Policy 3 to prohibit the deslructionofendangered species andtheir habitats

Goal 16 LandUsePolicy Ito encourage efficientdevelopmcnt Policy2to encouragethe separationofrural and urbanlandusesPolicy 3 to encourage a functional mix inurbanarcas and Policy 6 theinnpactoflanduseon water quality and quantity

Goal18Policy I developinglanittomaximize public facilitiesPolicy3allocate of public facilities based onbenefitsPolicy 4 buildpurtnershipsto construct facilities Policy 5 encourage self sufficiency in providing facilities Policy

7 coordinate development with capital improvement plans andPolicy 9 identify stablerevenue sources for infrastructure

8 Exhibit A continued

Goal20TranspotalionPolicy 3 to promote comprehensive transportation planning

Policy 9 to ensure that tliesystem providcsefficient access Policy 1 I to

emphasize stale transportation investments and tocontributctoefftcient urban

devcloptnent Policy 12 avoidencouraging transportation improvements in identified

environmentally sensitive areas Policy 13 coordinate improvements with state local

and regional plansandPolicy 15 promote coordinationramong various modes of

transportation to assist urban developmentaridredevelopment

Goal 26 Implementation Policy 3 regarding requirements for regulatory

programs Policy 7 to ensure comprehensive plans reflectstate goalsand policies and

Policy8toencourage cooperation among communities to eslablisltanorderly

environmentally and economically soundpplan for future needs and growth

D Recommended Remedial Actjong

1 Submit additional informationshowing that the amendment wily not adversely affect

the level ofserviceofroadways would be developedconcurrentwith the provision of potable

water and sewer utilities isnotinconsistentwithadjacent land uses is not inconsistent with

natural resourcesdoesnot proliferate urban and shot internally inconsistent with other

comprehensive plan policies In addition the City should submitappropriate and analysisfor all text amendments or

2 TheCity should rescind the ordinance

111 1in t giottal Policy Plan

AlLcn ajstcntIrnyj jj s The inconsistent pravisionsnfthe plain amendment under

alternative finance mechanisms forpublicfacilitics Goal2022 and associated policies by

the year 2000havenonioicthan 5 of roads operationbclowacceptable Icvcl of service and

Goal 2311andassociated policies reducing the amount of agricultural land converted toothcr

usc

D Recommended Remedial Actiong

1 Submit additionalinformation showingthat the amendment will not adversely affect

the level of service of roadways would be developedconcurrent with the provisionofpotable

water and sewer utilitiesisnotinconsistent with adjacent land usesisnotinconsistent with

natural resources does not proliferate urban sprawl aiidisnot internally inconsistent with other

comprehensive planpolicies In addition the City shouldsubmitappropriatcdataand analysis

for all text amendments orf

2 The City should rescind the ordinance

10 Exhibit A continued

CONCLUSIONS

1 The plan amendment adopted by ordinance 96 15 on December 16 1996 is not

consistent with the Withlnconchee Regionallolicyplan

2 The plan amendments adopted by Ordinance 9615 on December 16 1996 is not

consistent wilhthe State Comprehensive Plan

3 The plan amendment adoptedbyOrdinante961 onDecember 16 1996 is not

consistent with Chapter 9J5 Florida Administrative Code

4 The plan amendment adopted by Ordinance 9615 onDecember 16 I996isnot

consistentwith the requirements of Sections 1633177 and 1633180 Florida Statutes

5 The plan amendmentadopted by Ordinance9615 on December 1 6 1996 Is not in

compliance as defined in Subsection 16331841bFlorida Statutes

6 In order to bring the plan amendments adopted by Ordinance9615 adopted on

December 16 1996 into compliance the City maythe recommendedremediul actions

describedabove or adopt other remedial actions that eliminate the inconsistencies

Executed this 191h day ofFebruary1996at Tallahassee Florida

CharlesPattison DirectorDivision of resource PlanningAnd Management

2555 Shumard Oak DriveTallahassee Florida 32399

11Fxliibit A cunt inued

reemodit

STATE OF FLORIDADIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF COMMUNITYAFFAIRS

Petitioner

v

DOAH Casa No 971112GMCITY OF DUNNELLON

Respondent1

Petitioner Department of Community Affairs Department and

Respondent the City of Dunnelion City herebystipulate and agreeas follows

GENERAL PRAVISIOHS

1 Definitions As used in this Agreement the following wordsand phrases shall have the following meanings

a Act The Local Government Comprehensive Planning andLand DevelopmentRegulation Act as codified in Part II Chapter 163Florida Statutes

b Agree This Partial Stipulated SettlementAgreement

b Cnprrehens va Plan Amandment The comprehensive planamendment adopted by the City of DunnellononDecember 16 1996 by

Ordinance No 9615 Item 9418 DCA Nth 961d DOAN The Florida Division of Administrative Hearingse In coma1imnOe or into pomnidance Consistent with

Sections 1633177 163and Florida Statutes Section

187201 Florida Statutes the applicable regional policy plan andChapter 9J5 Florida Administrative Code

Page 1

f Notices The Notice of Intent issued by the Departmentto which was attached its statement of intent to find the planamendment not in compliance

q petitlonThe Petition for administrative hearing andrelief filed by the Department in this caeca

h Roaedt A reroedial plan amendment submission

of support document or other action described inithe statement ofintent or this Agreement as an action Which must be completed to bringthe plan amendment into compliance

i Pin Amanditents An Amendment to the plan orsupport document the need forwhichis identified in this Agreementincluding its exhibits andWhich the Local Government must adopt tocomplete all remedial actions Remedial plan amendments adopted

pursuant to thisAgreament Wet in the opinion of the Department beconsistent with and substantially similar in concept and content tothe one identified in this Agreement or be otherwise acceptable to theDepartment

j statement of Intents The statement of intent to findthe plan amendment not in compliance issued by the Department in thiscase

k Support D wnentThe studies inventory maps surveys

data inventories listings or analysis used to develop and supportthe plan amendment

2 ZntireAgreement This is the entire agreement between the

parties and no verbal or written assurance or promise is effective orbinding unless included in this document

3 Approval by tioverninq so This Agreement has been

approved by the Citysgoverning body at a public hearing advertisedat least ten 10 dayssprior to thehearing in a newspaper of generalcirculation in the manner prescribed for advertisements in Section163 318415 c Florida Statutes This Agreement has been executed

by the appropriate officer as provided in the Citys chatter or otherregulations

4 Changes in Law Nothing in this Agreement shall beconstrued to relieve either party from adhering to the law and in the

Page 2

event of a change in any statute or administrative regulationinconsistent with this Agreement the statute or regulation shall takeprecedence

5 ntherPereanaUnaffected Nothing in this Agreementshallbe deemed to affect the rights of any other person under the law

6 AttorneyLPeea and Costa Each party shall bear its owncosts including attorney fees

7 Effective Date This Agreement shall becoie effective uponthe last date of signing by the Department or the City

8 The

parties enter into this Agreement in a spirit of cooperation for thepurpose of avoiding costly lengthyandunnecessary litigation and in

recognition of the desire for the speedy and reasonable resolution ofdisputes arising out of or related to the plan amendment The

acceptance of proposals for purposes of thisAgreement is part of anegotiated Agreement affecting many factual and legal issues and isnot an endorsement of and does not establish precedent for the use

of these proposals in any other circumstenceeorby any other localgovernment

9 Department Powers The Department is the state landplanning agency and has the power and duty to administer and enforcethe Act and to determine Whether the plan amendment is in compliance

10 Rxhib Exhibits A S C and Mare hereby incorporated byreference

11 NegotiatioA ofAgre ment The Department issued its noticeand statement of intent to find the planamendment not in complianceand filed the petition in this case to that effect Subsequent to the

filing of thepetitiontheipartiee conferred and agreed to resolve theissues in the petition notice and statement of intent through thisAgreement it is the intent of this Agreement to resolve fully allissues betweentheparties in these proceedings

12 Dieali 1 If the City completes the remedial actionsrequired by thisAgreement the Departmentwillissue a cumulativenotice of intentaddressing both thecompliance Agreement amendmentand the initial plan amendment subject to these proceedings The

Page 3

Department will file the cumulative notice of intent with the DOAHThe Department will also file a request to relinquish jurisdiction tothe Department for dismissal of this proceeding or Or realignment ofthe parties as appropriate under Section 1633184461fFlorida

Statutes

13 Filing and Continuanca ThisAgreement shall be filed withDOAN by the Department after execution by the parties Upon the fling

of this Agreement the administrative proceeding in this matter Shallbe stayed by the hearing officer in accordance with Section163318416bFlorida Statutes

14 Re a tion of ich to F nai Haar ng Both parties herebyretain the right to have a final hearing in this proceeding in theevent of a breach of this Agreement and nothing in this Agreementshall be deemed a waiver of such right The Department or any otherparty to thisAgreement may move to have this matter set for hearingif it becomes apparent that any other party whose action is requiredby this Agreement is not proceeding in good faith to take that action

15 1 i

Actions Legal Ef cot of Agraaaaant Exhibit A to this Agreement is acopy of the statement of intent which identifies the provisions notin compliance Exhibit 8 to this Agreement contains remedial actionsneeded for compliance This Agreement constitutes a stipulation thatif the remedial actions are accomplished the plan amendment will bein compliance

16 Remedial Actions to beconaidar for Adopt The Cityagrees to consider for adoption by formal action of its governing bodyall remedial actions described in Exhibit 8 no later than thetime

period provided for in this Agreement17 Within

sixty 0060 days after execution of this Agreement the City shallconsider for adoption the remedial plan amendment described in Exhibit8 This may be done at a single adoption hearing Within ten110working days after adoption of the remedial pian amendment the Cityshall transmit five 5 copies of the amendment to the Department asprovided in Rule 9J110114 Florida Administrative Cods The City

Page 4

also shall submit one 1 copy to the regional planning agency and to

Any other unit of local or state government that has filed a writtenrequest with the governing body for a copy of the remedial planamendment and s copy to any party granted intervener statue in thisproceeding The amendment shall be transmitted to the Departmentalong with a letter which describes the remedial action adopted foreach part of the plan amended including references to specificportions and pages

18 Ackn itlada enter All parties to this Agreement acknowledgethat the based upon provisions in Section 1633184181 FloridaStatutes do not apply to the remedial plan amendment

19 z 0 A

Within thirty 30 days after receipt of the adopted remedial planamendments and support documents the Departmentshall issue a noticeof intent pursuant to Section 1633184 Florida Statutes for the

adopted amendments in accordance with thisAgreementa in CoiaplianaeIfthe adopted remedial actions satisfy

this Agreement the Departmentshall issue a cumulative notice ofintent addressingboththeplanamendment and the compliance Agreementamendment as being in compliance The Department shall file thiscumulative notice with DOAH and shall move to realign the parties orto have this proceeding dismissed as may be appropriate

b Not iaCamnlanee If the remedial actions are not

adopted or if they do not satisfy this Agreement the Departmentshall issue anotice of intent to find the plan amendment not in

compliance and shall forward the notice toiDOAH for consolidation withthe pending proceeding

20 Effeat of Amend Adoption of any compliance Agreementamendment shall not be counted toward thefrequency restrictions

imposed upon plan amendments pursuant to Section 16331871 Florida

Statutes

Page8

a ft

In witness whereof the parties hereto have caused this Agreementto be executed by their undersigned officials as duly authorized

DEPARTMENT OF COMMUNITY AFFAIRS CITY OF DUNNELLON

By ByName Nam r11 AL

ease print or type easjn or typeAs Division Director I IV1 ea R

Division of Resource Planningand Management

g1301 January 22 2001bate Date

Attes

Cler rd2 i1

lnA stant Oe Counsel c t

Al

Page 6

EXHIBIT B PARTIAL STIPULATED SETTLEMENT AGREEMENT

AS TO ORDINANCE 9615

Wendy Cubbage StraubasTrustee and the City of Dunnellon shall enter into the

Agreement Limiting Development attachedasExhibit0to this StipulatedSettlement AgreementThe Agreement LimitingiDevelopment shallbe recordedinpublic records of the City of

Dunnellon Marion County Florida and a copy of therecorded Agreement shall be provided to

theDepartment of Community Affairs TheCity viathe Applicant has provided the Department

withto supporttheAgreementsLimiting Development which support documents

are attached heretoasExhibitDto this Stipulated Settlement Agreement

The CityofDunnellon shallamend the Future Land Use Map as to only thethree hundred

acres more or less ofthe Cubbage Property in accordance with legaldescriptions andland uses ofthat portion of the Cubbage Property as set forthyon the Land Use Map and the legaldescriptions for Land Uses designated on said Map attached hereto as parts of this Exhibit B

The remainder of the Cubbage Property and the Griffis Property shall retain the Land

Usedesignationsineffect prior to the adoptionofOrdinance 9615

Page 1 of 3

LAND USE LIAP FCR WENDY CUBBAGE STRAUB AS MUS1EE

14 MORONS t F J0 TOWNSrNsOuttl mace Lt OAS1 and SECTION 70 fO U 4I 16 yJUnt wax13 EASTt UNION COUItfLOf1OA

i c1s 0r

3

idsciM mocu m 1i 4E Isf it L 1

01 Tao s

want 101111t0 iaa Wi w I

1

7r

I

EXIIISIT 0page 2 of 3 pages

OESCRIPTIOII1O1AL AREA

11 N1nell 14 or Southwest 14 et Stllan 3O totrt pop Piit 1t 0If 111 Proll 0 fret ein4 Ine Soolh 30 UM thereofue0

1 tool pert of 144 NE 14 of the Nw 14 of 5eclmet 36 toonepq 16 se singe re 111thol 144 north of 114 51ett n464 on roll N Ine Poobo 1044NO

10t Eest 42 al the Seuh4Mt 11Irng Se1h and Ced al the Arer n1 Sedan 75 rennlhp 44South Forme n4 East Less Me Cost 30 411 N the S0414441t 14 N the Soe4he4e1 441 44aSteam 33AROthe teenh4114 N Saitha11e end Ne1heost 14 of Seelhnto 11MM South and eft al81414 504404 Run Lost 1ep410ng d 4 00 1M 7745feel Sewlh end 3317 S feel west fromthe nertheed corner el the Sowtsyst IO el Snl00 23 Township t6 South Rouge IS Eoosod point being the Pwnl 01 6ejrnrwr and 4449 en Me Shit ngM Of aft hne of Ins S1a4oet6A Line Reiid thence 3 es S600 W 4590led reel the West c51tof way el theSeaboord Ns line Ralroad thence rot west 2234 fed 10010 r esa 10 1441 moon edge or elmSprings Roo Ihenet Narlheeslerlf iln lie1004aln5 of the said 1u4 Springs Pun he painmot 4 373 feel Well 01 the Point 09 809inrin9 thence rest 37 3 lett to the Mint of0girwas lrin9 end being in the Northwest I4 el the 6e0111e0e1 14el Sedum 23 township 16 SaalnNonce 40 Cost and in the Nerlhee 111 if Mt Sevineel 14 el told Seeds 23 Thnthip 1614u11Phge 16 Cott M Lest 6481004N Point MN it 10103 feel South and 76643 lentwest of the Nerlhsosl comer N the SeulhssI14 of SchM 75 Township t4 South yen 0 ISCost 11rd pains beano on concrete monument an the wail Ighl of or Gnu of the S awl RRthefts Saunterer Mono sa0 refuel right 1 rer 6220 feel too cac1le monument IhtneeWrfl 4700feel me0Of Nee to Ina o1N1 N Ens Springs Aut theca 010111111 0 01009 14Hers of Springs Ruh la paint Mot N 2230 het West at lire pant of beginning thenceCoal 2230 feet le the Point N beginningCONJOINING 300 Acres more sr 1114

DESCRIPTION AGRICULTURALPort N Stellar 30 eeeniehlp South Range 11 East and Sections 23 end 3471ashlp t5 South Rang If Gee Medan Coady Flake mere paellieutu desedbd asAN0 the NW 1e1 the SW lie el sold Stilton 30 lest the south 30 feel and the nest 30 fed themeAR0 the NE 14 of the 3E 14 of said Seaton 23 10ns tooth of the Rainbow RiverAN0 the NW O of the SE 16ef said Section 23 41j south of the Rainbow Riserless end aegl the swlh 143 feel end the well S00 fed theme end INS and reed an adpercd deserved as Ogierlan9 1 paid Chet is 7744fwd coooM 23123fad West front theNortheeet Corer of the Sedheest 14 of void Striae 21 self point bll the PO 414 01Seginain9 and yid me the wed right Of KM el the Steamier AN line Pholredthence5636 W 4510 feel song here West right of way of IM Seebewd Air fns momsthefee run woes 2234feet mat Or 410 tthe motets edge ed the Rainbow River thencePleethesslery tlh M1 menhrin9 el We 460 River 10 pai that N 375fq1 wed of the Paint

AMR lb pert of the SE 14 N the SE 14 of said Section 2S and the NE 1e of the NE 14 asold Section 34 north el toe Met is 300 tees north of gad adjacent to the bath tight Of1mi 11eI County Shod 404CONTMNNRt1322 aeon mere ee lest One tabled e Meting County Roads

DESCRIPTION RESIDENTIAL MEDIUM DENSITY AREAvet el Section 25 Township 16 South Rorie 14 rest Marian Carty Fonds said pert beingthe South 420 feel sr the SW 1 of the SC 44AND ire South 820 feet el the iE 44 of 1110 SM 1 4 yin east N 1M aid rightslwer es MSeebeard Air Ube RaRnetAND that pert N the MW 44 of Section 36 ew416 South Range 16 Cost Men Countyfm4e Irmo sod of the rightNs7 of SAL Railroad and north 44 1114 ei9Mifor WrCoonty 14414AND1484 pia

t1

ple

7 0

300

N

th 12nd N the itllr42 1 the NE 14 el said Section 36 lying north al eMgr41way Wee of County Reed 454CON1Aal1NO 43 Acres mere r Use end subject le hitting CNMyRosie

DESCRIPTION CONSERVATION AREAPert of Se1ia0 21 Township 16 South Retie 14 E1T Marian County Fodder add Foot beingOle North 400 fed N the SW 14 ef the SE 144110 4 that part e1 the forth 400 feel el the SE 14 e the SW 1 4 lying rest el tat right of eyla the Old Seaboard AirNne ReinedAND the e1n 445 lee and the Wed 300 lee of the NW 14 of the SE 1 4 lying eat el the OWrillelmay N Me Seebtrrd Air Line Rearedn00 Pawl N SeGons 23 1 36Tn414 46 teeth Rmg 16 111 Notion Count 71044adamn as Commence N paid Mel it 10703 fed Se end 25642 fed west of MeNert19e11 corner el ON SwlMed I4of Section 15 Trwnehio 16 South Runge 15 Cell 1ei4pant being en concrete monument an the Well right elf 1r 601 or the SAL Rarer thenceSoutherly ohbenge sell railroad right el war 6220feel to 0 cencrele monomer oM Ine Pointof59inning POO thence Wed 4250 lett mete or left la the ne dg of the ROWoPier Mime Southerly deny the surd ahem edge to the n0101 RW dM Of CarobI Rood 414thence Easterly org the sad RW doe le Ilse westerly RW tine el the aid SAL Peheod thence

My tag Me fora slay RW 1ne t the P0 Nee facto potion iehn IreS

541asff w

LESS and EXCEPTCnwbeeea N point and k 1070 3 left South end 3664 2 lett Will 01 MNor4hea41 caner M Me S1M1d 11 N Seceen 23 Temnehip 16 South Item le Cosi sadpant being concrete menrrreen1 en the West RIM of way doe of the S 111411 MeleeSoutherly Nino said rebreed 1 fley 477 0 ha tee conceals monument n4 Iht Peril of1 nin9 thins continue sselherty Nang Pe laid right I mew fine 400 hat Thanes Waal4350 fool mrt es Nes to 1None Of 11114 541041 Runk thence mummy Wrong Me nerve 04Owe 5Orirr94 Run to a point Mal is 723 feel Wed et Me point of be9n0nothence best 220lett le the Mint of Oegionkg

CONigmNG 35 13 Aere1 M041 Cr Nn end haled le u11ngChun Read

DESCRIPTION COMMERCIAL AREAPert erstd 7S end 36 tanninp n6 S2uRings 14 Coil alcien COnly mole 1141121sting 0 WO 01 lend 300 fett wow Kolb et oM sojace to Int northrtofcy1a1 hCounty Pool 494

t BIT 4 0740 en net tat of ins Sov11 I7et 104 N114of Inn NC I4end P4 Sy I4el on N 1 4 of eei4 5erhon 35 lyy north of Me 44ot rightels ra Coo1r Pe 131

page 3 f1 jai tlrC0rnnxs 75 Aires 010141 test 004 sSetl t0 numg Count Po121

EXHIBIT C

1AareementIimitinnlThis Instrument prepared by

and return toLANDIS V CURRY JRAYRES CLUSTER CURRY McCALL PAPost Office Box 11Ocala Florida 34478

AGREEMENT LIMITIro DEVELOtMENT

THIS AGREEMENT made thisv day ofe

2000 byand between WENDY C sTRAOB as Trustee of T Revocable LivingTrust of Mary Gladys Cubbage executed by Mary Gladys Cubbage akaH G Cubbage on May 18 1992 hereinafter called the Owner andthe CITY OF DUNNELLON a political subdivision of the State ofFlorida hereinaftercalled city

WITNESSETH

WHEREAS Owner is the owner of record of the Propertydescribed in Exhibit A the Property being a portion of theland that is the subject of City of Dunnellon Ordinance 9615

authorizing the change of the designated land use of the Propertyto PUD and

WHEREAS the Owner has represented that nomore than fourhundred fifty 450 residential units will be developed an the

Property and no more than 125000 square feet of retail space willbe developed on the Property and

WHEREAS the parties desire that said representations be

formalized by instrument in recordable form

NOW THEREFORE in consideratibn of the premises the Ownerfor herself and any heirs successors or assigns agrees by andwith the City that the total number of residential units to be

developed on Parcel No 1 Residential Medium Density Area of the

Property described in Exhibit A shall not exceed four hundred

twenty 420 units and the total number of residential units to bedeveloped on Parcel No 2 Agricultural Area of the Propertydescribed on Exhibit A shall not exceed thirty 30 units Thetotal square footage of retail buildings to be located on the

Property shall be located on Parcel No 3 Commercial Area of the

Property described in Exhibit A and shall not exceed one hundredtwenty five thousand 125 square feet

The Owner and City further agree that any amendment change ormodification in the limitations provided in this Agreementpurporting to permit an increase in the number of residential unitspermitted to be developed on Parcel No 1 of the Property beyondFour Hundred Twenty 420 and Parcel No 2 of the Property beyondthirty 30 and the total square footage or retail buildings

4

beyond 125000 square feet measured on the interior of said

buildings to be developed on Parcel No 3 of the Property shall

be effective only if adopted by further amendment to the City ofDunnellon Comprehensive Plan in accordance with the formalities

then required for amendments to the Comprehensive PlanIN WITNESBWHEREOF the Owner has executed this Agreement and

City by authority of the City Council has caused this Agreementto be executed by its proper officers thereunto duly authorized

Witnesses

7Gar a7 MI H eaTrustee of The

40700 print or type Revocable Living Trust of Maryg Gladys Cubbage executed by Mary

6eLIM enVi Gladys Cubbage aka 4MG Cubbageame 4 rTeTiftw on May l8 1992

P ea print or typo

CITY OF V

Air i

Li

l J BYName tiedlucrhT

see f P pan ype

e0EI As yor

e uiiL74 s

Please print or type

2

l

STATE OF filtrtuGOt

OF 1044r

The fore o ng instrument was acknowledged before me this LZday of L 2000 by WENDY C STRAUB as Trustee

of The Revoca e Living Trust of Mary Gladys Cubbage executed byMary Gladys Cubbage aka M G Cubbage on May 1 1992

N ary Pu ic INme vgphi I IpIb7

Please pr nt or typeCommission NoCommission Expires a

Personally knownProduced Identifica on

Type of Identification produced

I

I

3

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