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DCA 03-01 Compliance Noticed 4 .. •`. f� ,gym, `"-%y,..:,..",,,;,,f^. ?�G.'+ , FFR) I 2004 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AP. "Dedicated to making Floridaa better place to call home" )EB BUSH COLLEEN CASTILLE Governor Secretary February 10, 2004 The Honorable David B. Norris Mayor, Village 'of North Palm Beach 501 U.S. Highway 1 North Palm Beach, Florida 33408 Dear Mayor..Norris: The.. Department of Community Affairs (Department) has completed its review of the Comprehensive Plan Amendment adopted by (Ordinance Nos. 32-2003, 33-2003, and 34-2003; DCA No. 03-.1) on December 11, 2003, for the Village of North Palm Beach and determined that it meets the requirements 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 plan amendment In Compliance. The Notice of Intent has been sent to the Palm Beach Post for publication on February 11, 2004. 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 2.1 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,. dependert on the amendment may be.issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, 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 Office of the Village Clerk, 501 U S Highway 1, North Palm Beach, Florida 33408. 2555 SHUMARD OAK BOULEVARD - .TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN -FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 The Honorable David B. Norris February 10, 2004 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. If you have any questions, please contact Ken Metcalf, AICP, Regional Planning Administrator or Richard Post, Planner, at (850) 922-1813. CG/rps Enclosure: Notice of Intent Sincerely yours, JPling Ch les Gauthier, AIChi of Comprehens cc: Mr. Dennis Redmond, Village Manager Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-1-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 Nos. 32-2003, 33-2003, and 34-2003 on December 11, 20031 IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.31891 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 Office of the Village Clerk, 501 U.S. Highway 1, North Palm Beach, FL 33408. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing 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 petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28- 106.2011 F.A.C. The 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 government. Failure to timely file a petition shall constitute a waiver of any 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 recommended order to the 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 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 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made 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. lel z'� a)3�bY Charles Gauthier, AICP Chief of Comprehensive Planning Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100