2011-3722 DCA letter—A �7
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
RICK SCOTT
Governor
June 9, 2011
The Honorable Matti H. Bower, Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Mayor Bower;
BILLY BUZZETT
Secretary
The Department of Community Affairs has completed its review of the City of Miami - Beach
Comprehensive Plan Amendment DCA Number 11 -1 ER (previous number 10 -1 ER), adopted by
Ordinance Number 2011 -3722 on April 13, 2011, 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 Miami Herald for publication
on June 10, 2011.
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 fled. 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 City of Miami 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 City of Miami Beach
Planning Department, 1700 Convention Center Drive, Miami Beach, Florida 33139 -1819.
2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FL 32399 -2100
850- 488 -8466 (p) * 850 -921 -0781 (f) * Website: www.dca.statejI.us
a COMMUNITY PLANNING 854 - 498-2355 (p) 850-488-3309(f • FLORIDA COMM UNPi M TRUST 850-922 -2207 [p] 850 -921 -1747 M •
• HOUSING AND COMMUNITY DEVELOPMENT 850 -088 - 7956 (p) M- 822 [t)
The Honorable Matti H. Bower, Mayor
June 9, 2011
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)(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 Bill Fable, AICP, Planning analyst, at (850) 922-
1781.
Sincerely, '
i
41es Stansbury
/, Ogional Planning Administrator
JSOskg
Enclosures: Notice of Intent
cc: B. Jack Qsterholt, Interim Executive Director, South Florida Regional Planning Council
Jorge Gonzalez, City Manager, City of Miami Beach
Richard Lorber, AICP, LEED AP, Acting Planning Director, City of Miami Beach
Mercy Lamazares, AICP, Principal Planner, City of Miami Beach
STATE OF FLORIDA
DEPARTMENT OF COMMUNrIY AFFAIRS
NOTICE OF INTENT TO FIND
MIAMI BEACH
COMPREHENSWE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 11- lER- NOI- 13164A) -(1)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan
for the City of Miami Beach, adopted by Ordinance No. 2011 -3722 adopted on April 13, 2411, IN
COMPLIANCE, pursuant to Sections 163.3184, 153.3187 and 163.3189, F.S.
The adopted City of Miami 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 City of Miami Beach
Planning Department, 1700 Convention Center Drive, Miami Beach, Florida 33139 -1819.
Any affected person, as defined in Section 153.3184, F.S., has a right to petition for an admin-
istrative hearing to challenge the proposed agency determination that the Amendment to the City of
Miami Beach Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The
petition must be filed within twenty -one (2 1) days after publication of this notice, and must include all of
the information and contents described in Uniform Rule 28- 105.201, F.A.C. The petition roust be filed
with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 323992100, 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 fled, 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-
clude all of infomation and contents described in Uniform Rule 28- 106.205, F.A.C. A petition for
Ieave to intervene shall be filed at the Division of Administrative Hearings, Department of Management
Services, 1230 Apalachee Parkway, T allahassee , 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 Sub-
section 163.3189(3)(x), F.S., to any affected person who is made a party to the proceeding by filing that
request with the administrati law judge assigned by the Division of A dministrati ve Hearings. The
choice of mediation shall not affect a party's right to an administrative hearing.
4
Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Florida D%wtment of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100