04-01-2010 DCA Letter Re: Notice of Intent~~ ~
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
~l I ~C1~~C~1®G~~'6ecretary
APR 0 5 2010
The Honorable David Norris, Mayor
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, Florida 33408-4902
Dear Mayor I~ie~ris? ~~~yu~6
April 1, 2010 Rec'+e~ved
The Department of Community Affairs has completed its review of the Village of North
Palm Beach Comprehensive Plan Amendment DCA Number 10-lER (previous number 09-lER),
adopted by Ordinance Number 2009-12 on January 28, 2010, 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
Comprehensive Plan Amendment in compliance. The Notice of Intent has been sent to the Palm
Beach Post for publication on April- 2, 2010.
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 33408-4902.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us
• COMMUNITY PLANNING 850-088-2356 (p) 850-488-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-927-1747 (fl
• HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (f)
The Honorable David Norris, Mayor
April 1, 2010
Page 2 of 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)(x), 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 Sevini Guffey, AICP, Community Planner, at
sevini.guffey@dca.state.fl.us or at (850) 922-5315.
Sincerely,
Q `°'~ ~ ~
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/skg
Enclosures: Notice of Intent
cc: Mr. Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council
Jimmy Knight, Village Manager, Village of North Palm Beach
Jodi Nentwick, Village Planner, Village of North Palm Beach
Jim Fleischmann, Vill ge Planning Consultant, Land Research Management, Inc.
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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
1N COMPLIANCE
DOCKET NO. 10-lER-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. 2009-12 on January 28, 2010, IN
COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, 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 33408-4902.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administra-
tive 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 infor-
mation and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the
Agency Clerk, Impartment 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 airy right to request an administrative pr~eeding 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.
ff a petition is filed, other affected persons may petition for leave to intervene in the proe~ing.
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, Tallahassa, Florida 32399-3060. 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(3xa), F.S., to any affected person who is made a party to the prceeeding by filing that request with
the administrative law judge assigaed by the Division of Administrative Hearings. The choice of mediation
shall not affect a party's right to an administrative hearing.
0
C'
Mike Mc aniel, Chief
Office of Comprehensive Planning
Division of Community Plamiing
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100