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AD#221403,12/15/2010
STATE OF FLORIDA
1 DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE
CITY OF CAPE CANAVERAL
1 COMPREHENSIVE PLAN AMENDMENT
i IN COMPLIANCE
DOCKET NO.10-1ER-NOI-0502-(A)-(1)
t The Department gives notice of its intent to find
the Amendment to the Comprehensive Plan for
the City of Cape Canaveral, adopted by
Ordinance No. 08-2010 on October 19, 2010,
IN COMPLIANCE, pursuant to Sections
e 163.3184,163.3187 and 163.3189,F.S.
i The adopted City of Cape Canaveral
Comprehensive Plan Amendment and the
I Departments 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 Cape Canaveral,
City Hall, City Clerk's office, 105 Polk Avenue,
k Cape Canaveral,Florida 32920-0326.
Any affected person, as defined in Section
163.3184, F.S., has a right to petition for an
admin-istrative hearing to challenge the
4 proposed agency determination that the
I Amendment to the City of Cape Canaveral
Comprehensive Plan is In Compliance, as
defined in Subsection 163.3184(1), F.S. The
peti-tion must be filed within twenty one (21)
days after publication of this notice, and must
j include all of the information and contents
j 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
s 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
1 administrative hearing will be to present
evidence and testimony and forward a
recommended order to the Department If no
1 petition is filed, this Notice of Intent shall
, become final agency action.
2 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 in-dude all of the information and contents
I described in Uniform Rule 28 106.205,F.A.C.A
petition for leave to intervene shall be filed at
1 the Division of Administrative Hearings,
Department of Management Services, 1230
Apalachee Parkway, Tallahassee, Florida
j 32399 3060. Failure to petition to intervene
J. within the allowed time frame constitutes a
waiver of any right such a person has to
request a hearing under Sections 120.569 and
1 120.57, F.S., or to participate in the
1 administrative hearing.
I After an administrative hearing petition is timely 5 filed, mediation is available pursuant to Sub-
s' section 163.3189(3)(a), F.S., to any affected
1 person who is made a party to the proceeding
j by filing that request with the administrative law
1 judge assigned by the Division of Administrative
1 Hearings. The choice of mediation shall not
I affect a party's right to an administrative
hearing.
I -s-Mike McDaniel,Chief
I Office of Comprehensive Planning
I Division of Community Planning
I Department of Community Affairs
I 2555 Shumard Oak Boulevard
I Tallahassee,Florida 32399-2100
AD*:221403
Publication:Florida Today
First Published:12-15-2010
http://legals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=61790 12/16/2010
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