_ FINAL ORDER NO. DCA 07-GM-102 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PHILIP J. COBB, Petitioner, vs. DOAH Case No. 05-4199GM TOWN OF WELAKA, FLORIDA, Respondents, est and = a TANGENT INVESTMENT, INC. S In > tervenor. Fas] / uw 2 FINAL ORDER An Administrative Law Judge (ALJ) 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 matter involves a challenge to a “small scale” comprehensive plan amendment adopted by the Town of Welaka Ordinance No. 2005-24 on November 1, 2005, hereinafter referred to as the “Plan Amendment.” The Petitioner challenged the Plan Amendment by filing a Petition with the Division of Administrative Hearings, as authorized by §163.3187(3), Fla. Stat. The Petitioner subsequently filed a Notice of Voluntary Dismissal. The Administrative Law Judge issued an Order Closing File. FINAL ORDER NO. DCA07-GM-102 ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by the Town of Welaka Ordinance No. 2005-24 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw Stiller, Ae 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. FINAL ORDER NO. DCA07-GM-102 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 Lb day of , 2007. Pau a Ford y, [ovens Clerk U.S. Mail: Hand Delivery: Michael W. Woodward, Esquire Lynette Norr, Assistant General Counsel Keyser & Woodward, P.A. Department of Community Affairs Post Office Box 92 2555 Shumard Oak Boulevard Interlachen, Florida 32148-0092 Tallahassee, Florida 32399-2100 Allen C. D. Scott, II, Esquire Scott & Scott 101 Orange Street St. Augustine, Florida 32084 Sidney F. Ansbacher, Esquire Upchurch, Bailey and Upchurch Post Office Box 3007 St. Augustine, Florida 32085-3007 The Honorable T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway © Tallahassee, FL 32399-3060

Docket for Case No: 05-004199GM