FINAL ORDER NO. DCA 08-GM-235 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and ALTA VISTA NEIGHBORHOOD ASSOCIATION, and CITY COALITION OF NEIGHBORHOOD ASSOCIATIONS, Intervenors, vs. Case No. CITY OF SARASOTA, Respondent, and QUINCY INVESTMENTS, LLC, and RONALD H. BURKS, Intervenors. / FINAL ORDER 06-4925GM 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 08-R1, adopted by Ordinance FINAL ORDER NO. DCA 08-GM-235 08-4815 (Remedial Amendment), on May 19, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). On September 18, 2006, the City of Sarasota adopted Plan Amendment 06-1 by Ordinance No. 06-4697 (Plan Amendment). The Department complied with and completed all general and specific statutory prerequisites and conditions required by § 163.3184, Florida Statutes, and found the Amendment to be not in compliance as set forth in its Statement of Intent dated November 14, 2006. The Department, City, and Intervenors Quincy Investments, LLC, and Ronald H. Burks entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and 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. No other party has filed a petition regarding the Cumulative Notice, and the time for doing so has expired. Intervenors Alta Vista Neighborhood Association and City Coalition of Neighborhood Associations have dismissed their Petition for Hearing. FINAL ORDER NO. DCA 08-GM-235 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 this day in Tallahassee, Florida. Shaw P. My _ General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-235 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) (Cc) 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. DCA 08-GM-235 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 by, U.S. Mai] to each of the persons listed below on this / , day of , 2008. “Paula Ford Agency Clerk By U.S. Mail : The Honorable D. R. Alexander Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Robert M. Fournier, Esquire Fournier & Connolly, P.A. One South School Avenue, Suite 700 Sarasota, Florida 34237-6014 Stephen D. Rees, Esquire Icard, Merrill, Cullis, Timm, Furen & Ginsburg P.A. 8470 Enterprise Circle, Suite 201 Lakewood Ranch, Florida 34202-4108 Kelly Kirschner 2224 Novus Street Sarasota, Florida 34237-8004 Craig Noren 602 North Jefferson Avenue Sarasota, Florida 34237-4439 Page 5 FINAL ORDER NO. DCA 08-GM-235 Stan Zimmerman 2469 Novus Street Sarasota, Florida 34237-8101 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs Page 6 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and ‘ALTA VISTA NEIGHBORHOOD ASSOCIATION and CITY COALITION OF NEIGHBORHOOD ASSOCIATIONS, Intervenors, CITY OF SARASOTA, Respondent, and QUINCY INVESTMENTS, LLC, and ) ) ) ) ) ) ) ) ) ) ) ) ) vs. ) Case No. 06-4925GM ) ) ) ) ) ) ) ) RONALD H. BURKS, ) ) Intervenors. ) ) —_—. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Close file and Relinquish Jurisdiction, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. Petitioner's motion is granted. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed, and jurisdiction is relinquished to the agency. EXHIBIT 1_A DONE AND ORDERED this 11th day of August, 2008, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this llth day of August, 2008. COPIES FURNISHED: Robert M. Fournier, Esquire Fournier & Connolly, P.A. One South School Avenue, Suite 700 Sarasota, Florida 34237-6014 Stephen D. Rees, Esquire Icard, Merrill, Cullis, Timm, Furen & Ginsburg P.A. 8470 Enterprise Circle, Suite 201 Lakewood Ranch, Florida 34202-4108 Kelly Kirschner 2224 Novus Street Sarasota, Florida 34237-8004 Craig Noren 602 North Jefferson Avenue Sarasota, Florida 34237-4439 Stan Zimmerman 2469 Novus Street Sarasota, Florida 34237-8101 Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-004925GM