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Home My WebLink About20040909 - Notice of Intent DCA No 04-1STATE OF FLORIDA c�s��-� DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" THADDEUS L. COHEN, AIA JEB BUSH Secretary Governor September 9, 2004 The Honorable Walter W. Barnes Mayor, City of Sebastian 1225 Main Street Sebastian, Florida 32958 Dear Mayor Barnes: The Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment (DCA No. 04-1) adopted by Ordinance No. 0-03-13 on January 28, 2004, for the City of Sebastian and determined that it meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment In Compliance. The Notice of Intent has been sent to the Vero Beach Press Journal for publication on September 10, 2004. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed.. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, F.S., requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. Please note that a copy of the adopted City of Sebastian Comprehensive Plan Amendment, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Sebastian City Hall, Clerk's Office, 1225 Main Street, Sebastian, Florida 32958. Lj 32399-2100 2555 SHUh1ARD OAK BOULEVARD • TALLAHASSEE, FLORIDA Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.r 1. us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT Shumard Oak Boulevard HOUSING & COAI.IIUNITY DEVELOPMENT 2555 shumard Oak Boulevard 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2555 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-:100 (305) 289.2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 The Honorable Walter W. Barnes September 9, 2004 Page 2 If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Ken Metcalf, AICP, Regional Planning Administrator, or Dan Evans, Planner, at (850) 922-1805. Sincerely yours, C'�' 'Lq— Charles Gauthier, AICP Chief of Comprehensive Planning CG/des Enclosure: Notice of Intent cc: Mr. Tracy Hass, Director of Growth Management Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 04-1-NOI-3105-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Sebastian, adopted by Ordinance No. 0-03-13 on January 28, 2004, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Sebastian Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Sebastian City Hall, Clerk's Office, 1225 Main Street, Sebastian, Florida 32958. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendment to the City of Sebastian Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti- tion must be filed within twenty-one (2 1) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Sub- section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. C ries Gauthier, AICP Chief of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100