au y Bo dewm ieee & o an 3 ve Final Order No. DCA04-GM-039 Ap - 11:08 gh MER-9 ANIO STATE OF FLORIDA _..s: -:DEPARTMENT OF COMMUNITY AFFAIRS nc obstbs ASSOCIATIGN ‘OF DOWNTOWN COMMERCIAL PROPERTY OWNERS, INC,; ARGUS FOUNDATION, INC. ; GULF COAST BUILDERS EXCHANGE, INC.; REMARK SARASOTA QUAY, INC.; and WYNNTON SARASOTA II LIMITED PARTNERSHIP, Petitioners, DOAH Case No. 02-1016GM Vv. CITY OF SARASOTA and STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. / 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 Sarasota comprehensive plan amendment adopted by Ordinance No. 02-4349 on December 17, 2001, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The Department issued a Notice of Intent to find the amendment in compliance with the Act. Petitioners filed a Final Order No. DCA04-GM-039 petition challenging the Department’s Notice of Intent, and alleged that the plan amendment is not in compliance. Petitioners, the City, and the Department thereafter entered into a Stipulated Settlement Agreement. Pursuant to this Agreement, the City adopted additional, remedial comprehensive plan amendments, which modified and supplemented the original amendment. The Department published a Notice of Intent to find these remedial amendments in compliance. A citizen of the City who is not a party to this proceeding Filed a Petition challenging the Department’s Notice of Intent to find the remedial amendments in compliance. See Hamilton v. City of Sarasota & Department of Community Affairs, DOAH Case No. 03- 0902GM. Because they were the subject of this administrative challenge, the remedial amendments could not go into effect until the challenge was completed and the Department or Administration Commission issued a final order finding the remedial amendments in compliance. See Fla. Stat. § 163.3189(2) (a). Accordingly, this matter was placed into abeyance pending the outcome of Hamilton. The Department and City each filed Motions with the Administrative Law Judge in Hamilton and requested that the Petition be dismissed and jurisdiction relinquished to the Department for entry of a final order. The Administrative Law Page 2 of 4 Final Order No. DCA04-GM-039 Judge granted these Motions. On December 5, 2003, the Department entered a Final Order in Hamilton dismissing the Petition and determining the remedial amendments to be in compliance. Upon resolution of Hamilton, the Administrative Law Judge issued an Order Closing File in this proceeding. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the City of Sarasota comprehensive plan amendments adopted on December 17, 2001, are determined to be “in compliance.” DONE AND ORDERED in Tallahass eidi Hughes, Interim Secretary 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) ®) 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. Page 3 of 4 Final Order No. DCA04-GM-039 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 ‘oa he worsens listed below in the manner described, on this) ¥ es 4 March, 2004. Ank Paula Ford Agency Clerk Hand Delivery Shaw P. Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 First Class U.S. Mail Robert M. Fournier, Esquire Assistant City Attorney 1 S. School Avenue Suite 700 Sarasota, Florida 34237 Michael J. Furen, Esquire Icard, Merrill, Cullis, Tim, Furen & Ginsburg, P.A. P. O. Drawer 4195 Sarasota, Florida 34230 Interagency Mail The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Page 4 of 4

Docket for Case No: 02-001016GM