HomeMy WebLinkAbout9. Dept of Community Affairs Approval Lettery
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
RICK SCOTT
Governor
February 7, 2011
The Honorable Jim Hill
Mayor, City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Hill:
BILLY BUZZETT
Secretary
The Department of Community Affairs has completed its review of the City of Sebastian
Comprehensive Plan Amendment (DCA Number 10-CIEI) adopted by Ordinance Number 0-10-
07 on December 15, 2010, 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 Comprehensive Plan Amendment in
compliance. The Notice of Intent has been sent to the Vero Beach Press Journal for publication
on February 8, 2011.
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 five (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 Clerk's Office, 1225 Main
Street, Sebastian, Florida 32958.
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.
,111ED
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www.dca.state.fl.ust; f'r1 ?�1�
4 COMMUNITY PLANNING 850488-2356(p) 8504W3309(0 4 FLORIDA COMMUNITIES TRUST 850-M-2207(p) 850-9214747(Q
♦ HOUSING AND COMMUNITY DEVELOPMENT 85D-486-7956(p) 850922-5623(Q ♦ P&ZGC0VJIh 9rA.
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The Honorable Jim Hill
February 7, 2011
Page 2
As part of the first round of plan amendments in 2011, the Department recommends that
the City update Policy 1.2.10 to adopt the current school board five-year work plan and the
public school facilities map series based on the work plan. The City should also revise Policy
1.1.2 to include public schools in the list of public facilities that are subject to the capital
planning process and revise Policy 1.2.1 to clarify that the level of service standard for schools is
based on "permanent' Florida Inventory of School Houses (FISH) capacity.
If you have any questions, please contact Michael Epstein, Community Planner, at
michael.epstein@dca.state.fl.us or at (850) 488-4725.
Sincerely,
Charles Gauthier, AICP
Director, Division of Community Planning
CG/me
Enclosures: Notice of Intent
cc: Ms. Rebecca Grohall, AICP, Growth Management Director, City of Sebastian
Mr. Michael J. Busha, Executive Director, Treasure Coast Regional Planning Council
Am.,
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
CITY OF SEBASTIAN
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 10-CIEI 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. 0-10-07 on December 15, 2010, 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 Objec-
tions, 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, Clerk's
Office, Growth Management Department, 1225 Main Street, Sebastian, Florida 32958-4165.
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 must be filed within twenty-one (21) 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 in-
clude 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.
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Q Charles Gauthier, AICP
aA_ Director, Division of Community Planning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100