HomeMy WebLinkAbout2010 03 19 Mail:Department of Community Affairs Letter , m. RECEIVED
MAR 1 9 2010
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STATE OF FLORIDA CI OFVVINT RSP INOS
OFFICE OF THE CITY CLERK
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Governor Secretary
March 17, 2010
The Honorable John Bush
Mayor, City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Dear Mayor Bush:
The Department of Community Affairs has completed its review of the City of Winter
Springs Comprehensive Plan Amendment (DCA Number 10 -CIE1) adopted on January 11,
2010, by Ordinance Number 2009 -15. The Department has determined that the amendment
meets the requirements of Chapter 163, Part II, Florida Statutes (F.S.). The Department is issuing
a Notice of Intent to find the amendment "In Compliance." The Notice of Intent has been sent to
the Orlando Sentinel for publication on March 18, 2010. Please, be advised that Section
163.3184(8)(c)2, F.S., requires a local government having an internet site to post a copy of the
Department's Notice of Intent on the Internet within five (5) days following receipt of the mailed
copy of the agency's Notice of Intent.
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 having an internet site to post a copy of the Department's Notice of Intent on the
Internet within five (5) days following receipt of the mailed copy of the agency's Notice of
Intent.
Please note that a copy of the adopted City of Winter Springs Comprehensive Plan
Amendment 10 -CIE1 and the Notice of Intent must be available for public inspection Monday
through Friday, except for legal holidays, during normal business hours, at City Hall, Clerk's
Office, 1126 East State Road, Winter Springs, Florida 32708.
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- 488 -2356 (p) 850-488 -3309 (f) • FLORIDA COMMUNITIES TRUST 850- 922 -2207 (p) 850- 921 -1747 (0 •
• HOUSING AND COMMUNITY DEVELOPMENT 850 -488 -7956 (p) 850- 922 -5623 (f) •
The Honorable John Bush
March 17, 2010
Page 2
If an affected person challenges this "In Compliance" determination, 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 regarding this letter, please contact Denise Papajorgji, at (850)
922 -1827.
Sincerely,
) ) 71/1
Mike McDaniel, Chief
Office of Comprehensive Planning
MM /dp
Enclosure: Notice of Intent
cc: Eloise Sahlstrom, Senior Planner, City of Winter Springs
Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
THE CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN AMENDMENTS) IN COMPLIANCE
DOCKET NO. 10- CIE1- NOI- 5908- (A) -(I)
The Department gives notice of its intent to find the Amendment(s) to the Comprehensive
Plan for the City of Winter Springs, adopted by Ordinance No. 2009 -15 on January 11, 2010, IN
COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Winter Springs Comprehensive Plan Amendment(s) 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 City of Winter Springs, City hall, Clerk's Office, 1126 East State Road 434, Winter Springs,
Florida 32708 -2799.
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(s) to
the City of Winter Springs Comprehensive Plan are 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- 106.201,
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 -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 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.
)7// C
Mike McDaniel, Chief
Office of the Comprehensive Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100