DCA Notice of Intentr
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
November 3, 2008
The Honorable Dr. Edward M. Eissey
Mayor, Village of North Palm Beach
501 U. S. Highway 1
North Palm Beach, Florida 33408-4901
Dear Mayor~E'sseq~ ~,¢~y/,l~I/
THOMAS G. PELHAM
Secretary
1/Illage Clerk
NOV 02008
F~~CelV~C~
The Department of Community Affairs has completed its review of the Village of North
Palm Beach Comprehensive Plan Amendment (DCA Number 08-1) adopted by Ordinance (,~pjy~,4A/~
Number 2008-8 on August 28, 2008, and determined that it meets the requirement of Chapter
163, Part II, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b),
F.S. The Department is issuing a Notice of Intent to find the Comprehensive Plan Amendment
incompliance. The Notice of Intent has been sent to the Palm Beach Post for publication on
November 4, 2008.
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 163.3184(8)(c)2, F.S., requires a local
government that has an Internet 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 adopted Village of North Palm Beach Comprehensive Plan
Amendment and the Notice of Intent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the Village Clerk's Office,
Village Hall, 501 U.S. Highway 1, North Palm Beach, Florida 33408.
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
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399.2100
850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us
• COMMUNITY PLANNING 850-088-23561p) 850-088-3309 (F) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-7747 (~
• HOUSING AND COMMUNITY DEVELOPMENT 850-0BB-7956 (pl 850.922-5623 (Q
The Honorable Dr. Edward M. Eissey
November 3, 2008
Page 2
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.
If you have any questions, please contact Bob Dennis, Regional Planning Administrator,
at (850) 922-1765.
Sincere ,
~~ ~e
Mike McDariiel, Chief
Office of Comprehensive Planning
MDM/bd
Enclosure: Notice of Intent
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cc: Mr. Mark Bates, Village Manager, Village of North Palm Beach
Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
THE VILLAGE OF NORTH PALM BEACH
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET N0.08-1-NOI-5026-(A)-{I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan
for the Village of North Palm Beach, adopted by Ordinance No. 2008-08 on August 28, 2008, IN
COMPLIANCE, prnsuant to Sections 163.3184, 163.3187 and !63.3189, F.S.
The adopted Village of North Palm Beach Comprehensive Plan 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 Village of North Palm Beach,
Village Hall, Clerk's Office, 501 U.S. Highway 1, North Palm Beach, Florida 33408.
Arty affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra-
tivehearing to challenge the proposed agency determination that the Amendment to the Village of North
Palm Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The peti-
tion must be fried withintwenty-one (21) days after publication of this notice, and must include all of the
information and contents described is Uniform Rule 28-106.201, F.A.C. The petition must be filed with
the Agency Clerk, Department of Community Affairs, 2555 Shumazd Oak Boulevard, Tallahassce, Florida
32399-2100, and a copy mailed or delivered to the local governm~ti. Failure to timely file a petition shall
constitute a waiver of arty right to request an administrative proceeding as a petitioner under Sections
120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present
evidence and testimony and forward a rewmmended order to the Department. If no petition is filed, this
Notice of Intent shall become final agency action.
If a petition is fled, other affocted persons may petition for leave to intervene in the proceeding.
A petition for intervention must be filed at least twenty {20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time &arne constitutes a waiver of a~ right such a person has to request a hearing under Sections
120.569 and 120.57, F.S., or to participate im the administrative hearing.
After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection
163.3I89(3)(a), F.S., to arty affected person who is made a party to the proceeding by filing that request with
the administrative !aw judge assigned by the Division of Administrative Hearings. The choice of mediation
shall nm affect a party's right to an administrative hearing.
fl ~-~~
Charles Gauthier, AICP, Duector
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100