HomeMy Public PortalAboutFebruary 13, 2009STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Governor Secretary
February 13, 2009
The Honorable Robert L. Vernon
Mayor, Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
Dear Mayor Vernon:
The Department of Community Affairs has completed its review of the Village of Key
Biscayne Comprehensive Plan Amendment (DCA Number 08-PEFE 1), adopted by Ordinance
Number 2008-11 on December 9, 2008, and determined that it meets the requirements of Chapter
163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b), Florida
Statutes. 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 Miami Herald for
publication on February 16, 2009.
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), Florida Statutes. 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, 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 Department's Notice of
Intent.
Please note that a copy of the adopted Village of Key Biscayne 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 of Key Biscayne,
88 West McIntyre Street, Key Biscayne, Florida, 33149.
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.
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 (f) •
• HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (f) •
The Honorable Robert L. Vernon
February 13, 2009
Page 2
Finally, the Village's Public School Facilities Element (PSFE) Policy 2F incorporates by
reference the Miami -Dade County Public Schools 5 -Year District Facilities Work Program
(DFWP) dated September 5, 2007. However, the current DFWP was adopted in September
2008. The Village should revise Policy PSFE 2F to adopt the September 2008 DFWP. This
issue can be addressed in the Village's annual update to the Capital Improvements Element,
which was due on December 1, 2008, pursuant to Section 163.3177(3)(b)1, Florida Statutes.
If you have any questions, please contact Bill Pable, AICP, Division of Community
Planning at (850) 922-1781.
Sincerel,
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Mike McDaniel, Chief
Office of Comprehensive Planning
MM/bp
Enclosure: Notice of Intent
cc: Genaro "Chip" Iglesias, Village Manager, Village of Key Biscayne
Ms. Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
THE VILLAGE OF KEY BISCAYNE
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 08-PEFEI-NOI-1328-(A)-(1)
The Department gives notice of its intent to fmd the Amendment to the Comprehensive Plan
for the Village of Key Biscayne, adopted by Ordinance No. 2008-11 on December 9, 2008, IN
COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted Village of Key Biscayne 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 Key Biscayne,
Village Hall, 88 W. McIntyre Street, Key Biscayne, Florida 33149.
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 Key
Biscayne 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 28-106.201, 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(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.
r
Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100