STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS

"Dedicated to making Florida a better place to call home"

CHARLIE GRIST                                                                     THOMAS G. PELHAM

Governor                                                                                                          Secretary

March 12, 2010

The Honorable Mary Anne O'Neill Mayor, City of Indian Harbour Beach 2055 South Patrick Drive

Indian Harbour Beach, Florida 32937

Dear Mayor O'Neill

The Department of Community Affairs has completed its review of the adopted City of Indian Harbour Beach Comprehensive Plan Amendment adopted by Ordinance Number 2009-5 (DCA No.10-CIE1) on February 1, 2010, 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 plan amendment in compliance. The Notice of Intent has been sent to Florida Today for publication on March 15, 2010.

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 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 Indian Harbour 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 Indian Harbour Beach City Hall, 2055 South Patrick Drive, Indian Harbour Beach, Florida 32937.

2555 SHUMARD OAK BOULEVARD ¨ TALLAHASSEE, FL 32399.2100
850-488-8466 (p) ¨                        850-921-0781 (f)          ¨  Website: www.cica,stae.fl.us

• COMMUNITY PLANNING 850-468-235610 850-488-3309 (1) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 88G-921-1747 (f) •
HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (f) •

The Honorable Mary Anne O'Neill March 12, 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.& 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 Julie Evans, Senior Planner, at (850) 922-1816.

Sincerely,

Mike McDaniel, Chief

Office of Comprehensive Planning

MM/je

Enclosure: Notice of Intent

cc: Ms. Jackie Burns, City Manager, City of Indian Harbour Beach

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 INDIAN HARBOUR BEACH
COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE
DOCKET NO. 10-CIE 1-N01-0506-(A)-(I)

The Department gives notice of its intent to find the Amendment(s) to the Comprehensive Plan for the City of Indian Harbour Beach, adopted by Ordinance No(s). 2009-5 on January 12, 2010 IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189,F.S.

The adopted City of Indian Harbour 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 Indian Harbour Beach City Hall, 2055 South Patrick Drive, Indian Harbour Beach, Florida 32937.

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 Indian Harbour 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 28­106.205, 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 he ng.

Mike McDaniel, Chief

Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

FLOOD INSURANCE INFORMATION 

If you need information about the flood zone of your property, please contact Kim McLaughlin in the Building Department, 773-3181, ext 149. You can request a letter which will give you a determination of the current flood zone that your home is located within based on the 1989 Flood Insurance Rate Map (FIRM). You can also view this map online thru the following website, http://msc.fema.gov/ then follow the links to the flood zone maps for renters and homeowners. This map is also available for viewing in Brevard County Libraries.

STORM DRAINS

To prevent flooding and ensure compliance with National Pollutant Discharge & Elimination System requirements the storm drains must be kept clear of foreign debris and pollutants. Only very large yard debris piles may be placed on the city right-of-way for pick-up and these piles must not be placed where they could obstruct the gutters and storm drains. Large debris pick-ups should be scheduled with Waste Management at 723-4455.

ELECTRICAL POWER OUTAGES/GENERATOR USAGE

Click on the web address below to obtain helpful information regarding the use of generators at your home when there has been a power disruption. The information is provided by Florida Power and Light and should be read by anyone contemplating using a portable generator during power outages.

http://www.fpl.com/storm/generator_safety.shtml

Any agency, as defined in s. 119.011, Florida Statutes, or legislative entity that operates a website and uses electronic mail shall post the following statement in a conspicuous location on its website:

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Expanded Recycling

With hardly a whisper, Brevard County suddenly got cleaner and greener on June 1, 2006, when eight participating cities (Indian Harbour Beach included) began an expanded pilot recycling program offered by Waste Management. This new, convenient, one-sort recycling system eliminates the need to sort the materials into different bins, and many more items will be accepted for recycling. While you can still use your three bins, and place them at the curb for collection on Mondays as usual, you can now intermingle the following expanded list of items:

• Paper: Magazines, phone books, paper bags, envelopes (with or without plastic windows), junk mail, catalogs, cereal boxes, newspaper, glossy newspaper inserts, circulars and milk and juice cartons
• Plastics: Jars and bottles, numbers 1 through 7 (numbers are found on the bottom of the container or receptacle)
• Glass: Brown, green and clear
• Aluminum, steel and tin cans: Beverages, food and pet food

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