Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LAKE MARY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Environmental, Florida
Filed: Jun. 30, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 21, 2007.
Latest Update: Dec. 22, 2024
FINAL ORDER NO. DCA07-GM-234
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v.
CITY OF LAKE MARY,
Respondent.
/
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 Lake Mary’s (“City”)
Comprehensive Plan Amendment 06-WSA1 adopted by Ordinance No. 1184 on April 20, 2006,
is “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 which required the City to
adopt certain remedial amendments. The City adopted the remedial amendments and, on J uly 24,
2007, the Department subsequently published its Cumulative Notice of Intent to find the Plan
Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.:
FINAL ORDER NO. DCA07-GM-234
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On August 21, 2007, the Administrative Law Judge issued his Order
Closing File. 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.
OT Le
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.
FINAL ORDER NO. DCA07-GM-234
CERTIFICATE OF FILING AND SERVICE
I HEREBY 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
day of October, 2007. f D)
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail:
The Honorable D.R. Alexander Catherine D. Reischmann, Esq.
Administrative Law Judge Brown, Garganese, Weiss & D’Agresta
Division of Administrative Hearings P.O. Box 2873
The DeSoto Building Orlando, Florida 32802-2873
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Docket for Case No: 06-002322GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Aug. 21, 2007 |
Order Closing File. CASE CLOSED.
|
Aug. 20, 2007 |
Notice of Voluntary Dismissal filed.
|
Jun. 13, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 14, 2007).
|
Jun. 12, 2007 |
Stipulated Settlement Agreement filed.
|
Jun. 12, 2007 |
Notice of Filing Stipulated Settlement Agreement filed.
|
May 14, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 15, 2007).
|
May 11, 2007 |
Status Report filed.
|
Apr. 10, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 11, 2007).
|
Apr. 06, 2007 |
Status Report filed.
|
Mar. 01, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 6, 2007).
|
Feb. 28, 2007 |
Status Report filed.
|
Jan. 16, 2007 |
Order Continuing Case in Abeyance (parties to advise status by February 28, 2007).
|
Jan. 12, 2007 |
Status Report filed.
|
Dec. 01, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 12, 2007).
|
Nov. 29, 2006 |
Status Report filed.
|
Oct. 23, 2006 |
Order Continuing Case in Abeyance (parties to advise status by November 30, 2006).
|
Oct. 19, 2006 |
Status Report filed.
|
Jul. 12, 2006 |
Notice of Appearance (filed by C. Reischmann).
|
Jul. 10, 2006 |
Order Placing Case in Abeyance (parties to advise status by October 20, 2006).
|
Jul. 07, 2006 |
Response to Initial Order filed.
|
Jun. 30, 2006 |
Initial Order.
|
Jun. 30, 2006 |
State of Florida Department of Community Affairs Notice of Intent to Find the City of Lake Mary Comprensenive Plan Amendments ETC. filed.
|
Jun. 30, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Jun. 30, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|