PUBLISHED IN THE DAILY BREEZE NEWSPAPER ON 4/30/07
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND
THE CITY OF CAPE CORAL
COMPREHENSIVE PLAN AMENDMENT
IN COMPLIANCE
DOCKET NO. 06-2-NOI-3602-(A)-(I)
The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for
the City of Cape Coral, adopted by Ordinance Nos. 94-06, 95-06 and 96-06 on December 4, 2006, and
Ordinance Nos. 26-06, 27-06, 28-06, 91-06 and 101-06 on December 11, 2006, IN COMPLIANCE,
pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Cape Coral 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 City of Cape Coral City Hall,
Clerk’s Office, 1015 Cultural Park Boulevard, Cape Coral, Florida 33990.
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 to the City of Cape
Coral 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.
-s-Mike McDaniel
Chief, Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
