LETTER AND NOTICE OF INTENT TO FIND THE CITY OF CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
THADDEUS L. COHEN, AlA
Secretary
...
February 2, 2006
The Honorable Frank Hibbard
Mayor, City of Clearwater
Office of the City Council
P.O. Box 4748
Clearwater, Florida 33758-4748
COPIES TO
CITY COUNt iL
FEB 0 6 2006
PRESS
CLERK/ATTQRNEY
Dear %layor Hibbard:
The Department has completed its review of the adopted Comprehensive Plan
Amendment (Ordinance No. 7388-05 and 7459-05; DCA No. 05-2) for the City, as adopted on
December 15,2005 and detemlined that it meets the requirements of Chapter 163, Part II,
Florida Statutes, for compliance, as defined in Subsection 163.3184(1 )(b). The Department is
issuing a Notice of Intent to find the plan amendment In Compliance. The Notice ofIntent has
been sent to the Tampa Tribune for publication on February 3, 2006.
Please note that a copy of the adopted City of Clearwater Comprehensive Plan
Amendment, the Department's Objections, Recommendations, and Comments report dated
August 26, 2005)~d the Department's letter dated September 21,2005, and the Notice ofIntent
must be aval'lable ror Pllbll'C ;n"oer.tl'on Monrhv thrr.'lc,h Frirl"" PYI'Qf't f'"-l"'o-,,I h,..!;;J."..- du.'';'',.7
J 11_ 1.1 L'.... '_ ....... ..-1-... ..~.-..,-o." _.1.__cJ,_..~--t'...-.........I.-b-"'.I..J.v...J._-.Ju' .1..11"'0
normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue,
Clearwater, Florida, 33756.
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.
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:/lwww.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon, FL 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850)413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
Mayor Frank Hibbard
February 2, 2006
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 Erin L. Dom, Senior Planner. at (850)922-1798.
Sincerely,
~V'r
Brenda Winningham
Regional Planning Administrator
BW led
Enclosures: Notice of Intent
cc: Manny Pumariega, Executive Director, Tampa Bay Regional Planning Council
Gina Clayton, Long Range Planning Manager, City of Clearwater
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF CLEARWATER
COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE
DOCKET NO. 05-2-NOI-5206-(A)-(I)
The Deparbnent gives notice of its intent to fmd the Amendment(s) to the Comprehensive Plan for the
City of Clearwater, adopted by Ordinance No(s). 7388-05 and 7459-05 on December 15,2005, IN
IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Clearwater Comprehensive Plan Amendment(s) and the Deparbnent'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 Municipal Service Building, 100 South
Myrtle Avenue, Clearwater, Florida 33756.
Any affected person, as defmed 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 Clearwater
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,
Deparbnent 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 Deparbnent. 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, Deparbnent 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
163.3 I 89(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.
'1:
K. Marlene Conaway
Chief of Comprehensive Plannin
Division of Community Planning
Deparbnent of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100