FINAL ORDER NO. DCA 07-GM-022 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DCA Docket No. 06-1-NOI-4101(A)-(N) DOAH Case No. 06-4133GM 5 MANATEE COUNTY, Respondent, / 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 is a proceeding to determine whether the Manatee County (County) comprehensive plan amendment, adopted by Ordinance No. 06-06 on August 17, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). The Department issued a Notice of Intent to find a portion of the amendment, which redesignated the future land use of an 8.87 acre parcel located at 104 Woodstock Road from Conservation to Urban Fringe-3, not in compliance with the Act. FINAL ORDER NO. DCA 07-GM-022 On December 12, 2006, the County adopted Ordinance No. 06-92, which rescinded the portion of Ordinance No. 06-06 applicable to the 8.87 acre parcel that the Department found to be not in compliance. Therefore, the 8.87 acre parcel retains the Conservation future land use designation. The Department previously found the application of that land use classification to the 8.87 acre parcel to be “in compliance.” Because the County rescinded the portion of Ordinance No. 06-06, the Department filed a Notice of Voluntary Dismissal in this proceeding. Subsequently, 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 Manatee County Ordinance No. 06-06, as modified by Manatee County Ordinance No. 06-92, is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw 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 2 FINAL ORDER NO. DCA 07-GM-022 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. 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 ay of February, 2007. Paula Ford ree Clerk U.S. Mail: Hand Delivery: Sarah A. Schenk, Esquire Leslie E. Bryson, Assistant General Counsel Manatee County Attorney’s Office Department of Community Affairs Post Office Box 1000 2555 Shumard Oak Boulevard Bradenton, Florida 34206-1000 Tallahassee, Florida 32399-2100 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: 06-004133GM