St hy Final Order No. DCA-GM-211 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SANDRA LEE SNYDER and PINELLAS GROVE'’S HAMLET CITIZENS COMMITTEE, Petitioners, vs. DOAH Case No. 08-58346M BAYSIDE APARTMENT HOMES, LLC, BAYSIDE RESERVES, INC., and PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS, Respondents. / 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 Pinellas County adopted a comprehensive plan amendment by Ordinance No. 08-60 (Amendment) under the “Alternative State Review Process Pilot Program” set forth in Section 163.32465, Florida Statutes. Petitioners timely filed a petition pursuant to Section 163.32465(6), Florida Statutes, seeking an administrative hearing regarding the Amendment. The Administrative Law Judge dismissed this original petition with leave to amend. Final Order No. DCA-GM-211 Petitioner Snyder did not file an amended petition. Petitioner Pinellas Grove’s Hamlet Citizens Committee filed an amended petition which was again dismissed with leave to amend. Petitioner Pinellas Grove’s Hamlet Citizens Committee did not file a second amended complaint. The Administrative Law Judge then issued an Order Closing File and relinquished jurisdiction to the Department of Community Affairs for final action. See Fla. Stat. § 163.32465(6) (g) (if an amendment adopted under the pilot program is timely challenged, it does not become effective until either the Department or Administration Commission enters a final order determining the amendment to be in compliance). ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by Pinellas County Ordinance No. 08-60 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stillef General Counsel 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. : Page 2 of 4 Final Order No. DCA-GM-211 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 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 bo, bbe persons listed below in the manner described, on this — day of May, 2009. Paula Ford Agency Clerk David S. Sadowsky, Esquire Pinellas County Board of County Commissioners 315 Court Street Clearwater, Florida 33756 Sandra Lee Snyder 4851 164° Avenue North Clearwater, Florida 33762 David S. Waddell Pinellas Grove’s Hamlet Citizens Committee 4851 164 Avenue North Clearwater, Florida 33762 Page 3 of 4 Dennis G. Ruppel, Esquire Johnson, Pope, Bokor Ruppel & Burns LLP 911 Chestnut Street Clearwater, Florida 33756 Page 4 of 4 Final Order No. DCA-GM-211

Docket for Case No: 08-005834GM

Orders for Case No: 08-005834GM