Petitioner: SARASOTA COUNTY
Respondent: CITY OF NORTH PORT AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: North Port, Florida
Filed: Feb. 21, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 5, 2002.
Latest Update: Feb. 22, 2025
FINAL ORDER NO. DCA 02-GM-123
STATE OF FLORIDA % oN
DEPARTMENT OF COMMUNITY AFFAIRS . note
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SARASOTA COUNTY, . Oe *
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Petitioner, oy c
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vs. YB ©
CITY OF NORTHPORT
and DEPARTMENT OF
COMMUNITY AFFAIRS, DOAH Case No. 02-0832GM DRA
Respondents,
and Cl sed
TAYLOR RANCH, INC.
and TAYLOR RANCH,
LTD.,
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 comprehensive plan
amendment 01-1 to the City of Northport comprehensive plan,
adopted by Ordinance Nos. 2000-13 & 01-46 on December 11, 2001,
is “in compliance” with the Local Government Comprehensive
Planning and Land Development Regulation Act, Chapter 163, Part
II, Florida Statutes (the “Act”).
FINAL ORDER NO. DCA 02-GM-123
The Department issued a Notice of Intent to find the
amendment in compliance with the Act. Sarasota County filed a
petition challenging the Department’s Notice of Intent, and
alleged that the plan amendment is not “in compliance. On or
about April 4, 2002, the County filed a Notice of Voluntary
Dismissal. Following this Notice, the Administrative Law Judge
issued an Order Closing File.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding
is DISMISSED, and the comprehensive plan amendment adopted by
City of Northport Ordinance Nos. 2000-13 & 01-46 is determined to
be “in compliance.”
7 f4
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Cari L. Roth, Genéral Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
DONE AND ORDERED in Tallahassee, Florida. y,
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.
FINAL ORDER NO. DCA 02-GM-123
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
I HEREBY CERTIFY that the original of the foregoing has been
filed with the undersigned designated Agency Clerk, and that true
and correct copies have been furnished to the persons listed
below in the manner described, on this Le = day of
ul J2AAA , 2002.
Le / ily.
Paulé Ford
Agency Clerk
Tallahassee, FL
BY FIRST CLASS U.S. MAIL
Roger W. Sims, Esq. Jorge Fernandez, Esq.
Holland & Knight LLP Alan Roddy, Esq.
200 South Orange Avenue Office of Sarasota County
Suite 2600 Attorney
Orlando, Florida 32801 1660 Ringling Boulevard
Second Floor
- and - Sarasota, Florida 34236
Counsel for Petitioner County
Lawrence E. Sellers, Esq.
Holland & Knight LLP BY FIRST CLASS U.S. MAIL
315 South Calhoun Street
Suite 600 Robert K. Robinson, Esq.
Tallahassee, Florida 32301 Bowman, George, Scheb, Toale &
Robinson, P.A.
- and - 2750 Ringling Boulevard
Suite 3
Sarasota, Florida 34237
Counsel for Respondent City
BY FIRST CLASS U.S. MAIL
Thomas G. Pelham, Esq.
Thomas G. Pelham Law Offices
909 East Park Avenue
Tallahassee, Florida 32301
- and -
Jeffrey A. Boone, Esq.
Boone, Boone, Boone, Hines &
Koda, P.A.
Post Office Box 1596
Venice, Florida 34284
Counsel for Intervenors
FINAL ORDER NO. DCA 02-GM-123
BY HAND DELIVERY
Shaw P. Stiller, Esq.
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Counsel for Respondent
Department
BY INTER-AGENCY MAIL
Donald R. Alexander
Administrative Law Judge
Division of Administrative
Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Docket for Case No: 02-000832GM
Issue Date |
Proceedings |
Apr. 18, 2002 |
Final Order filed.
|
Apr. 05, 2002 |
Order Closing File issued. CASE CLOSED.
|
Apr. 04, 2002 |
Petitioner`s Notice of Voluntary Dismissal filed.
|
Mar. 29, 2002 |
Notice of Serving Intervenors` First Set of Expert Witness Interrogatories filed.
|
Mar. 22, 2002 |
Order of Pre-hearing Instructions issued.
|
Mar. 22, 2002 |
Notice of Hearing issued (hearing set for July 15 through 19, 2002; 9:00 a.m.; North Port, FL).
|
Mar. 21, 2002 |
Order issued (petition for leave to inervene filed by Taylor Ranch, Inc. and Taylor Ranch, Ltd. is granted).
|
Mar. 19, 2002 |
Intervenors Taylors` Response to Initial Order filed.
|
Mar. 19, 2002 |
Petition for Leave to Intervene filed by Taylor.
|
Mar. 18, 2002 |
Response to Initial Order (filed by Respondent via facsimile).
|
Mar. 13, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Feb. 26, 2002 |
Initial Order issued.
|
Feb. 22, 2002 |
Notice of Intent to Find the City of North Port Comprehensive Plan Amendment(s) in Compliance Docket No. 01-1 NOI-5803-(A)-(I) filed.
|
Feb. 22, 2002 |
Petition for Formal Administrative Hearing filed.
|
Feb. 22, 2002 |
Agency referral filed.
|