Jun 10 2008 9:44 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE @1/12 FINAL ORDER NO. DCA08-GM-152 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS GERALD M. WARD, Petitioner, Va. DOAH CASE NO. 07-1502GM DEPARTMENT OF COMMUNITY AFFAIRS, and PALM BEACH COUNTY Respondent, FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this procaeding. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceéding to determine whether Palm Beach County (County) Ordinance No. 2006-57, which amends provisions relating to the Transportation Concurrency Exception Area for Riviera Beach, on November 27, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes. All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments Jun 10 2008 9:44 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 2/12 FINAL ORDER NO. DCA08-GM-152 by Ordinance No. 2007-044, which repeals and replaces Ordinance No. 2006-57. The Department then published its Notice of Intent to find the remedial plan amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. A copy of this Motion is appended hereto as Exhibit B. The Administrative Law Judge issued the Order Closing File (copy attached hereto). ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding ig DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED this day in Tallahassee, Florida. eneral Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 Jun 10 2008 9:44 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 3/12 FINAL ORDER NO. DGA08-GM-152 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., 15 NOT AVALLABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORD El wa 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. Mail to each of the persons listed below on this [0 ey of June, 2008. aula Ford Agency Clerk Amy Taylor Petrick, Esquire Palm Beach County Attorney's Office 300 North Dixie Highway, Third Floor West Palm Beach, Florida 33401-4705 Page 3 of 4 Jun 10 2008 9:45 66/18/2688 69:38 B589222679 DCA LEGAL PAGE 4/12 FINAL ORDER NO. DCA08-GM-152 Gerald M. Ward Post Office Box 10441 Riviera Beach, Florida 33419 Samuel Dean Bunton (Hand Delivery) Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-7018 Page 4 of 4 Jun 10 2008 9:45 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 5/12 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GERALD M. WARD, Petitioner, vs. Case No. 07-15902GM PALM BEACH COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner Department of Community Affairs' Motion to Close File and Relinguish Jurisdiction filed May 28, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Community Affairs. DONE AND ORDERED this 29th day of May, 2008, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-8675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings thig 29th day of May, 2008. Jun 10 2008 9:45 66/18/2688 69:38 B589222679 DCA LEGAL PAGE 86/12 COPIES FURNISHED: Amy Taylor Petrick, Esquire Palm Beach County Attorney's Office 300 North Dixie Highway, Third Ploor West Palm Beach, Florida 33401-4705 Gerald M. Ward Post Office Box 10441 Riviera Beach, Florida 33419 Samuel Dean Bunton, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jun 10 2008 9:45 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE @7/12 . May 28 2008 15:33 a5/28/ 2008 1h: 28 8569222679 DCA LEGAL PAGE 81/86 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GERALD M. WARD, DOAR Case No.: 07-1502 GM Petitioner, ve STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, and PALM BEACH COUNTY, Respondenta. / PETITIONER DEPARTMENT OF COMMUNITY AFFAIRS’ MOTION TO CLOSE FILE AND RELINQUISH JURISDICTION Petitioner State of Florida Department of Community Affairs (Department), pursuant to Rule 28-106.204, Florida Administrative Code, hereby files this Motion to Close File and Relinquish Jurisdiction, and states: 1, On December 18, 2007, Palm Beach County adepted certain remedial comprehensive plan amendments by Ordinance 2007-044 which repeals and replaces Ordinance 2006-57 pursuant to a Stipulated Settlement Agreement. 2. The Department reviewed these remedial amendments, determined that they fuliy address the complianca issues raised in thie matter, and issued a Cumulative Notice of Intent on May 5, 2007, to find the amendments subject to this proceeding, as Jun 10 2008 9:45 66/18/2688 69:38 B589222679 DCA LEGAL PAGE 88/12 a May 28 2008 15:53 a5/2e/20a8 15:28 s5ese22679 DCA LEGAL PAGE, 82/86 remediated, in compliance. A true and correct copy of the Cumulative Notice of Intent igs attached hereto as Exhibit A. 3. Palm Beach County, Mr. Ward, and the Department were the only parties to this proceeding. All of tha parties signed the stipulated settlement agreement. No other party has filed a petition regarding the Cumulative Notice, and the time for doing so has expired. Accordingly, there is no need to realign parties and continue this matter under the authority of Sections 163.23194(5) & 163.3184(16) (f)1., Florida Statutes. All parties agree thiga file should be closed at the Division of Adminietrative Hearings, and jurisdiction should be relinquished back to the Department for the entry of a Final Order. WHEREFORE, the Department respectfully requests that this Metion to Close File and Relinquish Jurisdiction be granted; that thig file be closed at the Division of Administrative Hearings; that, jurisdiction be relinquished to the Department; and that guch other relief consistent with this Report and Motion be granted as ig juet and fair. Jun 10 2008 9:45 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 9/12 ae May 28 2008 15:33 05/20/2009 15:28 9569222679 DCA LEGAL PAGE 83/06 Respectfully submitted on this 28t of May, 2008. Samuel Dean Bunton Assistant General Counsel Florida Bar Number 0879207 Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 22398-2100 (850}488-0410 Phone (850) 922-2679 FAX CERTIFICATE OF SERVICE t HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to each of the 6 lissyed, below by E- Mail attachment on this 28°* day of) May Samuel Dean Bunton Gerald M. Ward Post Office Box 10441 Riviera Beach, Florida 33419 Amy Taylor Petrick, Paquire Litigation Section Palm Beach County Attorney's Office 300 North Dixie Highway. 3° Floor West Palm Beach, FL 33401 Jun 10 2008 9:45 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 18/12 ; May 28 2008 15:33 95/20/2008 15:28 8sa9222679 DCA LEGAL PAGE 4/6 STaTE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home” CHARLIE GRIST THOMAS G PELHAM Governor Secretary May 2, 2008 The Honorable Addie L. Greene Chairperson, Palm Beach County Bosrd of Caunty Commissioners 301 North Olive Avenue _ West Palm Beach, Florida 33402 Dear Chairperson Greene: The Department of Community Affaire haa completed its review of a portion of the Palm Beach County Comprehensive Plan Amendment (DCA Number 06-2) adopted by remedial Ordinance Number 2007-044, on December 18, 2007, as Palm Beach County Comprehensive Plan Amendment DCA Number 07-26 and determined it meets the requirements of Chapter 163, Part U1, Florida Statutes, for compliance, as defined in Subsection 163.3184(1b) FS. The Department is issuing a Curnulative Notice of Intent to find this remedial plan amendrarnt, fn Compliance. The remedial amendment addresses the text changes ta the Transportation Element regarding the Riviera Besch Transportation Concurrency Exception Area. The Notice of Intent has been sent to the Palm Beach Post for publication on May 5, 2008, ‘The Department's Notice of Intent to find a pian amendment in compliance shail be deemed to be a final order if no timely petition challenging the amendment ig filed. Any affected person may file a petition with the ageney within 21 days after the publication of the Notice of Intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent ort the amendment may be issued or commence before the plan _amendment takes effect. Please be advised that Section 163,3184(8¢)2, F.5., requires a local government that has an fntemet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's Notice of Intent. Please note that a copy of the portion of adopted Palm Beach County Comprettensive Plan Amemiment {DCA No. 06-2) and a copy of the remedial amendment (07-R6), both referenced above, and the Notice of Intent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the County Administration Building, Planning, Zoning and Building Department, 2300 Jog Road, West Palm Beach, Flotida 33411-2741. 2555 SHUMARD OAK BOULEVARG TALLAHASSEE, Fl 12999-2100 Phone; 850-498-8466 Fay: 650-921-0751 Website: ww ood alate, fis ARDAS OF CANICAL STATE CORCERY FELD OFRCR 6—|(WOILEKIR ANG oF CCMUNITY CEVEL OPMENT MISBERINOT Fon; Woo Adee Oper: EXO Pee: Zee {COMMUNITY FLaninitid Prone: GSDGBE aS Fant BOCES Jun 10 2008 9:45 G6/1e/2888 89:38 B589222679 DCA LEGAL PAGE 11/12 May 28 2008 15:34 05/28/2008 15:28 8589222679 DCa LEGAL PAGE 05/26 The Honorable Addie L. Greene May 2, 2008 Page 2 If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189 (a), FS. If you chaose to attempt to resolve this matter through mediation, you rust file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the cght of any party to an administrative hearing, If you have any questions, please contact Richard W. Post, AICP, Senior Planner, at (850) 922-1813. Sincerely, ye bducheL Mike McDaniel, Chief Office of Comprehensive Planning MM/rwp Enelesure: Notice of Intent ee: Mr. Lorenzo Aghemo, AICP, Planning Director, Palm Beach County Mr. Michael Busha, Executive Director, Treasure Const Regianal Planning Council Jun 10 2008 9:45 G6/16/ 2088 89:38 Bbag222679 DCA LEGAL PAGE 12/12 May 28 2008 15:34 a5/29/2008 15:28 e5a9222679 DCA LEGAL PAGE 86/46 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND PALM BEACH COUNTY COMPREHENSIVE PLAN AMENDMENT INCOMPLIANCE DOCKET NO, 07-R6-NOI-5001-(A}(1) The Depariment gives notice of its intent to find the Amendment to the Comprehensive Pisa for Palm Beach County, adopted by Ordinanes No. 2007-044 an December 18, 2007, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189. F.5. ; The adopted Pai Beach County Comprehensive Plat Amendment and the Department's Objections, Recommendations and Comments Report (if any) are available for public Inspection Monday through Friday, except for legal holidays, during normal business hours, at the Palm Beack County Planning, Zoning and Building Departinont, 2300 North Jog Road, West Palm Beach, Florida 33411. Any affected person, 1s. defined in Section 163.3184, F.S., has.a right to petition for an administra. tive heating to challenge the proposed agency deternuinuting that the Amendment to the Palm Beach County Conmpechensive Plan is In Compliance, ns defined in Suboection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include afl of the information and contents described in Uniform Rate 22-106,201, FA.C. The petition must be fited with the Agency Clerk, Department of Coosmunity Affaire, 2555 Shumard Oak Boulevard, Tallabassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file » petition shall conatitute a waiver of any right bo tequest an administrative procceding as a pctitioner winder Sections 120,569 and 120.57, F.S. If & petition is filed, the purpose af the administrative hearing will be to present evidence and testimony and fonyard a recommended order to the Department. Ef no petition is filed, itis Notice of Intent shall become final agency secticn. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for iiervention must be filed at least twenty (20) days before the final hearing and must include all of the inforrmation and contents desctibed in Uniform Rule 22-106.205, F.A.C. A pctition fist feave to intervene shall be {fed at the Division of Administrative Hearings, Department of Management, Services, 1230 Apalachce Parkway, Talichassee, Florida 32399-2060, Failure to petition to intervene within the allowed thine frame constitutes a waiver of ary tight ech a person has to request a hearing undes Sections 120.569 and 120,57, F.S., ov to participate in ike sclounistrative heaving. After an administrative bearing petition ix tithaly filed, mediation is available pursuant to Subsection 163.3189(3)¢a), F.3., to any affected person who ia made a party to the proceeding by filing that cequest with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an adrninistrative hearing. Chief, Comprehensive Planning Division of Community Planning of Community Affairs 2535 Stannard Ook Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 07-001502GM