Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF ALACHUA
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Alachua, Florida
Filed: Sep. 27, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 6, 2003.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA03-GM-227
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS,
Petitioner,
v. DOAH Case No. 02-3792GM k++
Docket No. 02-1-NOJ-0102-(A)-(N)
CITY OF ALACHUA,
Respondent,
and
FIRST STREET GROUP, L.C., and
ALACHUA HOLDINGS, INC.,
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 portions of the City of Alachua (City)
Comprehensive Plan Amendments adopted by Ordinance Nos. OQ-02-06 and O-02-07 on
May 20, 2002, are “in compliance” with the Local Government Comprehensive Planning
and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement that required the City
to adopt certain remedial amendments. The City adopted the remedial amendrnents and
the Department subsequently published its Cumulative Notice of Intent to find the Plan
FINAL ORDER NO. DCA03-GM-227
Amendment and the remedial amendment to be “in compliance” with the Act and Rule
9J-5, Florida Administrative Code.
The Department subsequently filed a Motion to Close File And Relinquish
Jurisdiction. The Administrative Law Judge issued an Order Closing File on August 6,
2003. 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.
COLLEEN CASTILLE, Secretary
DEPARTMENT OF COMMUNITY
AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF RIGHTS
pak ee el
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(6)U.)(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 ANDI) MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN
SECTION 35.22(3), FLORIDA STATUTES.
FINAL ORDER NO. DCA03-GM-227
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
L HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned Agency Clerk of the Department of Community Affairs, and that trae and
correct capies have been furnished to the persons listed below in the manner described,
on this / if day of August, 2003.
GY beled: Yad
Paula Ford
Agency Clerk
via Hand Delivery: via. U.S. Mail:
The Honorable 1D.R. Alexander Marion B. Rush, Esq.
Division of Administrative Hearings Rush & Glassman
The DeSoto Building 726 Northeast First Street
1230 Apalachee Parkway Gainesville, Florida 32601
Tallahassee, Florida 32399-1550
Timothy E. Dennis Nancy G. Linnan, Esq.
Assistant General Counsel Post Office Box 190
Department of Community Affairs Tallahassee, Florida 32302
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 02-003792GM
Issue Date |
Proceedings |
Aug. 15, 2003 |
Final Order filed.
|
Aug. 06, 2003 |
Order Closing File. CASE CLOSED.
|
Aug. 05, 2003 |
Petitioner`s Motion to Close File and Relinquish Jurisdiction (filed via facsimile).
|
Jun. 03, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by August 29, 2003).
|
Jun. 02, 2003 |
Joint Status Report and Motion to Continued Abeyance of Proceedings (filed via facsimile).
|
Jun. 02, 2003 |
Notice of Filing of Stipulated Settlement Agreement and Request for Stay of Proceedings (filed by Petitioner via facsimile).
|
Apr. 11, 2003 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by T. Dennis via facsimile).
|
Apr. 02, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by May 30, 2003).
|
Apr. 01, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Feb. 12, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by March 31, 2003).
|
Feb. 10, 2003 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Oct. 07, 2002 |
Order Placing Case in Abeyance issued (parties to advise status by January 31, 2003).
|
Oct. 04, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Oct. 02, 2002 |
Petition for Leave to Intervene (filed by M. Chumbler via facsimile).
|
Oct. 01, 2002 |
Initial Order issued.
|
Sep. 27, 2002 |
Notice of Intent to Find the City of Alachua Comprehensive Plan Amendments Adopted by Ordinance Nos. 0-02-02 on May 20, 2002; Ordinance Nos 0-02-04 and 0-02-05 on June 3, 2002 in Compliance and the Comprehensive Plan Amendments Adopted by Ordinance Nos. 0-02-06 and 0-02-07 on July 15, 2002 Not in Complinance etc. (filed via facsimile).
|
Sep. 27, 2002 |
Proposed Comprehensive Plan Amendment (filed via facsimile).
|
Sep. 27, 2002 |
Petition for Formal Administrative Hearing (filed via facsimile).
|