Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF LAKE HAMILTON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Lake Fern, Florida
Filed: Jul. 07, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 14, 2008.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA 08-GM-005
STATE OF FLORIDA a
DEPARTMENT OF COMMUNITY AFFAIRS [202 Ji lb A Hl: 13
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. DOAH Case No. 06-2390GM
CITY OF LAKE HAMILTON
Respondent,
and
ALARAX DEVELOPMENT, LLC, and
LAKE HAMILTON ACRES LLC,
Intervenors.
FINAL ORDER
An Administrative Law Judge of the Division of
Administrative Hearings has entered an Order Closing File in this
proceeding. A copy of the Order is attached to this Final Order
as Exhibit A.
BACKGROUND
This is a proceeding to determine whether the City of Lake
Hamilton (City) Comprehensive Plan Amendment 07-R1, adopted by
Ordinance Nos. 2007-07, 2007-08, 2007-09, and 2007-10, on
November 6, 2007, is “in compliance” with the Local Government
Comprehensive Planning and Land Development Regulation Act, Ch.
163, Part II, Florida Statutes (the “Act”).
FINAL ORDER NO. DCA 08-GM-005
All parties to this proceeding entered into a Stipulated
Settlement Agreement which required the City to adopt certain
remedial amendments. The City adopted the remedial amendments
and the Department subsequently published its Cumulative Notice
of Intent to find the Plan Amendment and the Remedial Amendment
to be “in compliance” with Chapter 163, Part II, Florida
Statutes, and Rule 9J-5, Florida Administrative Code.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding
is DISMISSED, and the Agency Clerk is directed to close the file.
DONE AND ORDERED this day in Tallahassee, Florida.
Shaw P. Stiller& General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 2 of 4
FINAL ORDER NO. DCA 08-GM-005
NOTICE OF RIGHTS
EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL
REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA
STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1) (C)
AND 9.110.
TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST
BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK
BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE
DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OP
APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA
RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF
APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF
APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE’ SPECIFIED IN
SECTION 35.22(3), FLORIDA STATUTES.
YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF
APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE
APPROPRIATE DISTRICT COURT OF APPEAL.
MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT
AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
Page 3 of 4
FINAL ORDER NO. DCA 08-GM-005
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been
filed with the undersigned Agency Clerk of the Department of
Community Affairs, and that true and correct copies have been
furnished by U.S. Mail to each of the persons listed below on
this [5 — day of , 2008.
Paula Ford
Agency Clerk
Jean Roush-Burnett, Esq.
Lowndes, Drosdick, Doster, Kantor &
Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, Florida 32802
Robert R. Crittenden, Esq.
Crittenden & Crittenden
P.O. Box 152
Winter Haven, Florida 33882-0152
Page 4 of 4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 06-2390GM
TOWN OF LAKE HAMILTON,
Respondent,
and
ALARAX DEVELOPMENT, LLC, and
LAKE HAMILTON ACRES LLC,
Intervenors.
www wr wr we Se ew HS HS SH SSE ELL
ORDER CLOSING FILE
This cause having come before the undersigned on the Status
Report and Motion to Close File and Relinquish Jurisdiction filed
January 10, 2008, and the undersigned being fully advised, it is,
therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
Jurisdiction is hereby relinquished to the Department of
Community Affairs.
DONE AND ORDERED this 14th day of January, 2008, in
Tallahassee, Leon County, Florida.
J. LAWRENCE JOHNSTON
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 14th day of January, 2008.
COPIES FURNISHED:
Jean A. Roush-Burnett, Esquire
Lowndes, Drosdick, Doster, Kantor &
Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, Florida 32802
Robert T. Crittenden, Esquire
Crittenden & Crittenden P.A.
Post Office Box 152
Winter Haven, Florida 33882-0152
Lynette Norr, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 06-002390GM
Issue Date |
Proceedings |
Jan. 16, 2008 |
Final Order filed.
|
Jan. 14, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 10, 2008 |
Status Report and Motion to Close File and Relinquish Jurisdiction filed.
|
Oct. 04, 2007 |
Order Continuing Case in Abeyance (parties to advise status by February 1, 2008).
|
Oct. 04, 2007 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Sep. 19, 2007 |
Order Continuing Case in Abeyance (parties to advise status by October 19, 2007).
|
Sep. 19, 2007 |
Status Report filed.
|
Aug. 21, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 19, 2007).
|
Aug. 20, 2007 |
Status Report filed.
|
Jul. 09, 2007 |
Order Continuing Case in Abeyance (parties to advise status by August 20, 2007).
|
Jul. 06, 2007 |
Status Report filed.
|
May 15, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 6, 2007).
|
May 07, 2007 |
Status Report filed.
|
Mar. 09, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 7, 2007).
|
Mar. 08, 2007 |
Status Report filed.
|
Jan. 16, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 8, 2007).
|
Jan. 12, 2007 |
Status Report filed.
|
Jan. 10, 2007 |
Notice of Appearance (filed by L. Norr).
|
Nov. 20, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 12, 2007).
|
Nov. 17, 2006 |
Status Report filed.
|
Oct. 23, 2006 |
Order Continuing Case in Abeyance (parties to advise status by November 17, 2006).
|
Oct. 20, 2006 |
Status Report filed.
|
Sep. 20, 2006 |
Order Continuing Case in Abeyance (parties to advise status by October 20, 2006).
|
Sep. 20, 2006 |
Status Report filed.
|
Jul. 24, 2006 |
Order Placing Case in Abeyance (parties to advise status by September 19, 2006).
|
Jul. 21, 2006 |
Response to Initial Order filed.
|
Jul. 19, 2006 |
Order Granting Leave to Intervene (Lake Hamilton Acres LLC).
|
Jul. 18, 2006 |
Uncontested Petition for Leave to Intervene (Lake Hamilton Acres, LLC) filed.
|
Jul. 18, 2006 |
Order Granting Extension of Time (response to Initial Order to be filed by July 21, 2006).
|
Jul. 18, 2006 |
Department of Community Affairs` Motion for Extension of Time to File Response to Initial Order filed.
|
Jul. 14, 2006 |
Order Granting Leave to Intervene (Alarax Development, LLC).
|
Jul. 14, 2006 |
Response to Initial Order filed.
|
Jul. 12, 2006 |
Uncontested Petition for Leave to Intervene (Alarax Development, LLC) filed with dated Certificate of Service.
|
Jul. 12, 2006 |
Uncontested Petition for Leave to Intervene (Alarax Development, LLC) filed.
|
Jul. 07, 2006 |
Initial Order.
|
Jul. 07, 2006 |
Department of Community Affairs Notice of Intent to Find the Town of Lake Hamilton Comprehensive Plan Not in Compliance filed.
|
Jul. 07, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Jul. 07, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|