Now 16 2007 13:52 11/16/2887 13:58 B589222679 DCA LEGAL PAGE 2/16 FINAL ORDER NO. DCA 07~-GM-262 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ve. DOAH CASE NO. 07-1568GM CITY OF PORT ST. LUCIE 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 ig a proceeding to determine whether the City of Port St. Lucie (City) adoption of Ordinance No. 2006-76, which amends the Future Land Use Element Policy 1.1.4.10, on December 11, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement which required the City te adopt certain remedial amendments. The City adopted the remedial amendments Now 16 2007 13:52 11/16/2887 13:58 B589222679 DCA LEGAL PAGE 3/16 FINAL ORDER NO. DCA 07-GM-262 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 935, Florida Administrative Code. The Department subsequently filed a Motion to Cloge 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 ig 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 Stiller, — Counsel DEPARTMENT OF COMMUNITY AFFATRS 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) (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 Page 2 of 3 Now 16 2007 13:52 11/16/2887 13:58 Bbag222679 DCA LEGAL PAGE @4/16 FINAL ORDER NO. DCA 07-GM-262 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 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 te thie) day of October, 2007. Paula Ford Agency Clerk Pam Elaine Booker Hakim, Esquire Office of the City Attorney City of Port St. Lucie 121 SW Port Saint Lucie Boulevard Port St. Lucie, Florida 34984-5042 Samuel Dean Bunton (Hand Delivery) Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Bivd. Tallahassee, Florida 32399-7018 Page 3 of 3 Now 16 2007 13:52 11/16/2887 13:58 B589222679 DCA LEGAL PAGE 5/16 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ve. Case No. 07-1568GM CITY OF PORT ST. LUCIE, Respondent. eee ee 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 in the premises, it is, therefore, ORDERED that: 1. Petitioner's Motion to Close File and Relinquish Jurisdiction 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. DONE AND ORDERED this 25th day of October, 2007, in Tallahassee, Leon County, Florida. trae © Borgel DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 279+9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Now 16 2007 13:52 DCA LEGAL PAGE 86/16 11/16/2887 13:58 B589222679 EXHIBIT ' ee STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 07-1568GM CITY OF Port St. Lucie, Respondent. / 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 August 27, 2006, the City of Port St. Lucie adopted a certain remedial comprehensive plan amendment by Ordinance No. 97-120 pursuant to a Stipulated Settlement Agreement. A true and correct copy of Ordinance No. 07-120 ig attached hereto aa Exhibit A. 2. The Department reviewed these remedial amendments, determined that they fully addresa the compliance issues raised in this matter, and issued a Cumulative Notice of Intent on October 3, 2007, to find the amendment subject to this proceeding, as remediated, in compliance. A true and Correct Now 16 2007 13:53 1l/l6/28e7 13:58 B589222679 DCA LEGAL PAGE @7/16 copy Of the Cumulative Notice of Intent is attached hereto as Exhibit B. 3. The City of Port St. Lucie and the Department were the only parties to this proceeding. All of the 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 163.3184(9) & 163.3184(16) (£)1., Florida Statutes. All parties agree this file should be closed at the Division of Administrative Hearings, and jurisdiction should be relinquished back to the Department for the entry of a Final Order. WHEREFORE, the Department respectfully requests that this Motion to Close File and Relinquish Jurisdiction be granted; that this file be closed at the Division of Administrative Hearings; that jurisdiction be relinquished to the Department; and that such other relief consistent with this Report and Motion be granted as is just and fair. Respectfully submitted on this 25th day of October, 2007. Samuel Dean Bunton Plorida Bar No. 0879207 Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Now 16 2007 13:53 DCA LEGAL PAGE 8/16 11/16/2887 13:58 B589222679 Tallahassee, Florida 32399-2100 850-488-0410 Phone $50-922-2679 Fax CERTIFICATE OF SERVICER I HEREBY CERTIFY that a true and correct copy of the foreqoing been furnished to the individuals listed below by U.S. Mail thia day the 25th of October, 2007. Samuel Dean Bunton Pam Elaine Booker Hakim, Esquire Office of the City Attorney City of Port St, Lucie 121 SW Port Saint Lucie Blvd. Port St. Lucie, FL 34984-5042 Now 16 2007 13:53 11/16/2887 13:58 s5a9222679 DCA LEGAL PAGE @9/16 eu wee , ° councu.imem & a DATE BA) 9/0 7 CSN ey LOD Dare B/13707 ORDINANCE 07=; 29 AN ORDINANCE OF THE GITY OF PORT ST, LUCIE, FLORIDA ADOPTING A REMEDIAL COMPREHENSIVE PLAN AMENDMENT TO POLICY 1.1.4.0 OF THE FUTURE LAND USE ELEMENT; PURSUANT TO A COMPLIANCE AGREEMENT BETWEEN THE CITY OF PORT ST. LUCIE AND THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PERTAINING TO D.O.A.H. CASE NO, 07. 1568GM; PROVIDING FOR AN EFFECTIVE DATE. i i WHEREAS, the State of Florida Department of Community Affairs {OCA) is the State land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Davalopment Regulation Act, Chapter 163, Part il, Florida Statutes: and WHEREAS, the City of Part St. Lucie is a local government with the duty to adopt comprehensive plan amendments that are in compliance with the Local Govemmant Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City of Port St Lucie, Florida, adopted a large scale Comprehensive plan text amendment amending Policy 1.1.4.10 of the Future Land Use Element by Ordinance 08-76 on December 11, 2006 removing height and coverage raquirements for residential usa categories and increasing the maximum building height in the CG (General Commercial) Land Use Category to 120 feet to raflect a change to the Zoning Cade that allows tha maximum building height for commercial office, and institutional uses within a PUD located in the City’s Community Redevelopment Area to be a maximum of 120 feat or ten stories, whichever is less; and PO7-243 -Chy of PSL - Remedial CPA . Page 1 of 5 11/16/2887 Nov 16 2007 13:53 DCA LEGAL PAGE 13: 58 B589222679 WHEREAS, on March 15, 2007, DCA issued the Statement and Notice of Intent finding the amendment not in compliance with Chapter 163, F.S.; because it perceived the increase in the maximum height requirement of 120 feet for the City's CG Land Use Category in Ordinance 06-76 to apply citywide rather than only in the Community Redevelopment Area; and WHEREAS, the City had disputed the allegations of the Statement of Intent noting the City’s adopted Land Development Requiations prohibited the increase in the maximum haight requirement for the CG land use category being applied citywide; and, WHEREAS, the City came to an agreement of terms with DCA and entered into a Stipulated Settlement Agreement approved by the City Council on June 25, 2007; and WHEREAS, pursuant to the Stipulated Settlement Agreement, the City agreed to adapi a remedial comprehensive plan amendment amending Policy 1.1.4.10 to remave the height and coverage requirements for the residential land use categories; to retain the 35 foot building height limitation as the citywide base height for the General Commercial land use category; and, to include two provisions to the CG land use category to allow the building height to increase to 75 feet for a Planned Unit Development (PUD), greater than five (5) acres, and to allow the building height to increase to 120 feet or 10 stories, whichever is leas, for commercial uses within a PUD located in the City's Community Redevelopment Area: and, WHEREAS, the City Council held a public hearing on the adoption of tha proposed ramedial comprehensive plan amendment on August 27, 2007, advertising of tha public P07-243 — City of PSL - Remedial CPA Page 2o0f5 18/16 Now 16 2007 13:53 DCA LEGAL PAGE 11/16 11/16/2887 13:58 B589222679 hearing having been made. NOW, THEREFORE, THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1. The Futura Land Use Element, Chapter 1, of the Comprehensive Plan of the City of Port St. Lucie is hereby amendad in the following respect: Policy 7.1.4.10: The following densities and intensities shall apply to the future land use designations: MAXIMUM INTENSITIES —— LAND USE DESIGNATIONS DENSITY COVERAGE . HEIGHT IMPERVIOUS! RGC (Residentiat Gott Course) -Edwacra 2% -——__-_-___.--—_ fast. Oe RL (Low Densty Residential) 1-Sdufsers a a 50% RM (Mediuen Density Residentialy tidwaere 35m ad fant. Oe RH (HI Residential) 1-1 Sdwaere 46% -_______.... 45 fxet— 5o%, RO! (Medium Density Residential, Offlea NA 30% Wilest 80% Inatitutional NVA 30% 38 fat 80% OMceCom* NIA 40% 35 feat Bo% NCD-New Community District * 1 -atdwecre SOW/B0% JSEOHOO font S050 CL (Limited Commerce) . NA 40% 35 font BOM OG (General Commercial)" NIA 4% SS/75v127" font Bone G3 (Service Commarcial} NIA 40% 35 leet ea CH (Highway Commarcial) NA 40% _ £0 feet 80% U (matitutonst} AIA 30% 35 feat 80% U (Utility) NA 30% 36 feet BO% OSR (Open Spaes Recroation) NIA 30% 35 feet 80% OSG (Open Space Conservation) NWA 1% 35 feat 20% OSPF (Opan Space Precervaia) NA 10% 35 foes 20% LU (Light induetrtaly NA 50% 35 foet 80% Hi (Heavy Industrial) AVA 50m 35 feat 20% NIA - Nal Applicable required by land development reguiations, 80% Gevarage may not always be ‘impervious coverage Is subject to upland pretarvation aa posalbte If 25% of the silo conaists of native upland vegetation, FO Mean, Per LD zoning sowa up to 50% mtall peraonal service rebated, or rrautmum of 5.00034, fn conjunction with other offs umes, ‘See the Objectlves and Policias contained uncer Goal 1.2 for Provisions related to the NGD — New Community Distriat, ‘Commenial distriata aflow for ane dvelling unit for owner/manager through spectal exception public hearing process, that the prepased height Is compat. ! : natin with poeta uno andleart is veauted oe provide sienna 7 ibs samatiblty of the pronsed taller structures with the surrounding fand uses, PO7.243 ~ City of PSL - Ramocial CPA Page 3 of 5 Now 16 200? 13:54 DCA LEGAL PAGE 12/16 11/16/2887 13:58 Bbag222679 Section 2, The provisions of the Ordinance are severable and, if any section, sentence, clause, or phrase is for ane reason held to be unconstitutional, invalid, or ineflective, this holding shall nat affect the validity of the remaining portions of this Ordinance, it being expressly declared to ba the Gity Council's intent that it would have passed the valid portions of this Ordinance without inclusion of any invalid portion or portions. Section 3, The effective date of this comprehensive plan amendment shall be the date a final orcer is issyed by the Department of Community Affairs or Administratian Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever oncurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commance before it has become effective, If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be mada effective by adoption of a resolution affirming its effective status, a copy of which resolutions shall be sent to the Department of Community Affairs. (This space intentionally left blank.) PO?-243 — City of PSL — Remedial CPA Page 4 of 5 Now 16 200? 13:54 11/16/2887 13:58 B589222679 DCA LEGAL PAGE 13/16 Pa AND APPROVED by the City Council of the City of Port St. Lucie, Florida, thish7 4 ey ot iua)2007. CITY COUNCIL CITY OF PORT ST. LUCIE, FLORIDA BY: i L7. Patricia P. Christensen, Mayor ATTEST: Fa A a HA_Phillips, City Clerk APPROVED AS TO FORM: Roge GF. Orr, , City Attorney PO7.243 - City of PSL - Remedial CPA Page 5 of 5 Now 16 200? 13:54 DCA LEGAL PAGE 14/16 11/16/2667 13:58 B5a9222679 EXHIBIT STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS “Dedicated to making Florida a better Place to call home" CHARLIE CRIST THOMAS G. PELHAM Govemer Secretary October 3, 2007 The Honorable Patricia P. Christensen Mayor, City of Port St, Lucie 121 8.W. Port $t. Lucie Boulevard Port St. Lucie, Florida 34984 Dear Mayor Christensen: The Department of Community Affairs has completed its review of the City of Port St. Lucie Comprehensive Plan Amendment (DCA Number 07-R1) adopted by Ordinance Number 06-76 on December 11, 2006, and the remedial amendment adopted by Ordinance Number 07- 120 on August 27, 2007, and determined they meet the requirements of Chapter 163, Part IT, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Cumulative Notice of Intent to find the plan amendment In Compliance. The Cumulative Notice of Intent has been sent to the Port St. Lucie News for publication on October 4, 2007, The Department’s Notice of Intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed, Any affected person may file a petition with the agency 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 on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.31 84(8)(c)2, F.S., requires a local government that has an Internet site to post a copy of the Departrnent’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 adopted City of Port St. Lucie Comprehensive Plan Amendment, and the Cumulative Notice of Intent must be available for public inspection Monday through Friday, except for fegal holidays, during normal business hours, at the City of Port St. Lucie City Hall, Planning and Zoning Department, 121 8.W. Port St. Lucie Boulevard, Port St. Lucie, Florida 34984-5099, 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIGA 32459-2100 Phong: €$0.448.8466/Suncam 278.8468 FAX: §680.921,0741/Suncom 291.0781 Internal addrasa: hitp waw4 dea stata Mus HOUSING & COMMUNITY DEVELOPMENT COMMUNITY PLANNIBE CRITICAL STATE CONCERN FIELD CFFICE 2790 Quer seme Highway, Sule 212 2555 Shumard Onk Boulevard 2555 Shumard Oak Boulevard Maraiben, Fl 33080-2227 Tallatucisew, FL 2002100 Tallanis sep, FL 323907700 2950) 4B 2358 (050) «ART 955, Now 16 200? 13:54 DCA LEGAL PAGE 15/16 11/16/2887 13:58 B589222679 The Honorable Patricia P. Christensen October 3, 2007 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(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must 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 right of any party to an administrative hearing. Tf you have any questions, please contact Jessica Wilkerson, Planner, at (850) 922-1827. Sincere] vtibeynsh..O Mike McDaniel, Chief Office of Comprehensive Planning MM/jws Enclosure: Cumulative Notice of Intent cc: Ms. Bridget Kean, Planner, Planning & Zoning Department Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council Nov 16 2007 13:54 DCA LEGAL PAGE 16/16 11/16/2687 13:58 B589222679 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND THE GITY OF PT. 8T. LUCIE COMPREHENSIVE PLAN AMENDMENT AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 07-R1-NOI-5603-(A}{I) The Department issues this cumulative notice of intent to find the City of Port 81. Lucia Comprehensive Plan Amendment adopted by Ordinance No. 06-76 on Dacember 11, 2006, and the remedial amendment adopted by Ordinance No. 07-120 on August 27, 2007, IN COMPLIANCE, pursuant to Sections 183.3184, 163.3187 and 163.3189, F.S. The adopted City of Port St. Lucie Comprehensive Plan Amendment and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspec- tion Monday through Friday, except for lagal holidays, during normal business hours, at the City of Port St. Lucie City Hall, Planning and Zoning Department, 121 S.W. Pt. SL Lucie Boulevard, Port St. Lucie, Florida 34984-5099, Any affected person, as defined in Section 1 63.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that tha Remedial Amendments are In Compliance, as defined in Subsection 163,3184(1), F.S. The petition must be filed within twanty-one (21) days after publication of this notica, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. Tha petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 and.a copy mailed or delivered to the local goverment. Fail ure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.869 and 120.57, F.S. Ifa petition is filed, the Purpose of the administrative hearing will be to Present evidence and testimony and forward 4 racommended order to tha Department. if no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for laave to intervene in tha pro- ceeding. A petition for intervention must be filed at least twenty (20) days before the final hear- ing and must include all af the information and contents describad in Uniform Rule 28-108.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, Failura to patition to intervene within the allowed time frame constitutes a walver of any right such a person has to request a hearing under Sections 120.569 and 120.87, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, madiation is available pursuant to Subsection 163.3189(3)(a), F.8., to any affected Person who is mada a party to the proceeding by filing that request 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 administrative hearing. . ? - Mike McDaniel, ui Office of Comprehensive Planning Division of Community Planning Dapartment of Community Affairs 2555 Shumard Qak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 07-001568GM