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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF NORTH MIAMI BEACH, 07-000530GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000530GM Visitors: 29
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF NORTH MIAMI BEACH
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: North Miami Beach, Florida
Filed: Jan. 31, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 11, 2007.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA ey ee DEPARTMENT OF COMMUNITY AFFAIRS ih, APY DEPARTMENT OF COMMUNITY on “ IS ap AFFAIRS, Oy . . . gen Paine, Doth cps wer LEA eh v. DCA07-GM-154 Docket No.: 06-1-NOJ-1321-(A)-(N) CITY OF NORTH MIAMI BEACH, Respondent, and SOUTH FLORIDA REGIONAL PLANNING COUNCIL, Intervenor. / 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 North Miami Beach (the “City”) Comprehensive Plan Amendment 06-1, adopted by Ordinance No. 2006-14 on November 21, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the City to take certain remedial action. The Department subsequently published its Amended Notice of Intent to find the Plan Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Notice of Voluntary Dismissal and Request to Close File and Relinquish Jurisdiction. The Administrative Law J udge issued an Order Closing File (copy attached hereto). 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. 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. CERTIFICATE OF FILING AND SERVICE IHEREBY 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 [yf = day of August, 2007. Luda tn Paula Ford Agency Clerk U.S. Mail: USS. Mail: The Honorable T. Kent Wetherell, II Samuel S. Goren Administrative Law Judge Goren, Cherof, Doody & Ezrol, P.A. Division of Administrative Hearings 3099 East Commercial Boulevard The DeSoto Building Fort Lauderdale, FL 33308 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Hand Delivery: Howard Lenard, City Attorney Peter Kelegian City of North Miami Beach Department of Community A ffairs 17011 NE 19 Avenue 2555 Shumard Oak Blvd. North Miami Beach, FL 33162 Tallahassee, Florida 32399

Docket for Case No: 07-000530GM
Issue Date Proceedings
Aug. 15, 2007 Final Order filed.
Jul. 11, 2007 Order Closing File. CASE CLOSED.
Jul. 11, 2007 Notice of Voluntary Dismissal and Request to Close the File and Relinquish Jurisdiction filed.
May 23, 2007 Order Continuing Case in Abeyance (parties to advise status by July 23, 2007).
May 23, 2007 Notice of Filing Stipulated Settlement Agreement and Status Report filed.
May 23, 2007 Stipulated Settlement Agreement filed.
Mar. 30, 2007 Order Continuing Case in Abeyance (parties to advise status by May 21, 2007).
Mar. 30, 2007 Joint Status Report filed.
Mar. 28, 2007 Order Granting Petition to Intervene (South Florida Regional Planning Council).
Mar. 23, 2007 South Florida Regional Planning Council`s Amended Petition to Intervene filed.
Mar. 09, 2007 Order Granting Extension of Time (amended petition to intervene to be filed by March 23, 2007).
Mar. 07, 2007 South Florida Regional Planning Council`s Motion for Extension of Time to File Amended Petition to Intervene filed.
Feb. 23, 2007 Order Denying Petition to Intervene.
Feb. 14, 2007 Order Placing Case in Abeyance (parties to advise status by April 2, 2007).
Feb. 13, 2007 Response to Initial Order filed.
Feb. 13, 2007 South Florida Regional Planning Council`s Petition to Intervene filed.
Jan. 31, 2007 Initial Order.
Jan. 31, 2007 Notice of Intent to Find the City of North Miami Beach Comprehensive Plan Amendments Future Land Use Map Amendments Not in Compliance filed.
Jan. 31, 2007 Statement of Intent to Find Comprehensive Plan Amendment Future Land use Map Amendment Items No. 05-392 and No. 05-395 not in Compliance filed.
Jan. 31, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Jan. 31, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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