Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF NORTH MIAMI BEACH
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: North Miami Beach, Florida
Filed: Jan. 31, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 11, 2007.
Latest Update: Dec. 24, 2024
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DEPARTMENT OF COMMUNITY AFFAIRS ih, APY
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v. DCA07-GM-154
Docket No.: 06-1-NOJ-1321-(A)-(N)
CITY OF NORTH MIAMI BEACH,
Respondent,
and
SOUTH FLORIDA REGIONAL PLANNING
COUNCIL,
Intervenor.
/
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 North Miami Beach (the “City”)
Comprehensive Plan Amendment 06-1, adopted by Ordinance No. 2006-14 on November 21, 2006,
is “in compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement which required the City to take
certain remedial action. The Department subsequently published its Amended Notice of Intent to
find the Plan Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule
9J-5, Florida Administrative Code.
The Department subsequently filed a Notice of Voluntary Dismissal and Request to Close
File and Relinquish Jurisdiction. The Administrative Law J udge issued an Order Closing File (copy
attached hereto). No Exceptions to the Administrative Law Judge’s Order were filed.
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 in Tallahassee, Florida.
Shaw P. Stiller
General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 OF 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.
CERTIFICATE OF FILING AND SERVICE
IHEREBY 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 to the persons listed below in the manner described, on this [yf = day of August, 2007.
Luda tn
Paula Ford
Agency Clerk
U.S. Mail: USS. Mail:
The Honorable T. Kent Wetherell, II Samuel S. Goren
Administrative Law Judge Goren, Cherof, Doody & Ezrol, P.A.
Division of Administrative Hearings 3099 East Commercial Boulevard
The DeSoto Building Fort Lauderdale, FL 33308
1230 Apalachee Parkway
Tallahassee, FL 32399-3060 Hand Delivery:
Howard Lenard, City Attorney Peter Kelegian
City of North Miami Beach Department of Community A ffairs
17011 NE 19 Avenue 2555 Shumard Oak Blvd.
North Miami Beach, FL 33162 Tallahassee, Florida 32399
Docket for Case No: 07-000530GM
Issue Date |
Proceedings |
Aug. 15, 2007 |
Final Order filed.
|
Jul. 11, 2007 |
Order Closing File. CASE CLOSED.
|
Jul. 11, 2007 |
Notice of Voluntary Dismissal and Request to Close the File and Relinquish Jurisdiction filed.
|
May 23, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 23, 2007).
|
May 23, 2007 |
Notice of Filing Stipulated Settlement Agreement and Status Report filed.
|
May 23, 2007 |
Stipulated Settlement Agreement filed.
|
Mar. 30, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 21, 2007).
|
Mar. 30, 2007 |
Joint Status Report filed.
|
Mar. 28, 2007 |
Order Granting Petition to Intervene (South Florida Regional Planning Council).
|
Mar. 23, 2007 |
South Florida Regional Planning Council`s Amended Petition to Intervene filed.
|
Mar. 09, 2007 |
Order Granting Extension of Time (amended petition to intervene to be filed by March 23, 2007).
|
Mar. 07, 2007 |
South Florida Regional Planning Council`s Motion for Extension of Time to File Amended Petition to Intervene filed.
|
Feb. 23, 2007 |
Order Denying Petition to Intervene.
|
Feb. 14, 2007 |
Order Placing Case in Abeyance (parties to advise status by April 2, 2007).
|
Feb. 13, 2007 |
Response to Initial Order filed.
|
Feb. 13, 2007 |
South Florida Regional Planning Council`s Petition to Intervene filed.
|
Jan. 31, 2007 |
Initial Order.
|
Jan. 31, 2007 |
Notice of Intent to Find the City of North Miami Beach Comprehensive Plan Amendments Future Land Use Map Amendments Not in Compliance filed.
|
Jan. 31, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Future Land use Map Amendment Items No. 05-392 and No. 05-395 not in Compliance filed.
|
Jan. 31, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Jan. 31, 2007 |
Agency referral filed.
|