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HomeMy WebLinkAboutDEO Comp Plan Amendment ltrs 9-18-17 Rick Scott Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY September 15, 2017 The Honorable Bob Hoog Mayor, City of Cape Canaveral City Hall 105 Polk Ave. Cape Canaveral, Florida 32920 Dear Mayor Hoog: The Department of Economic Opportunity has completed its review of the comprehensive plan amendments adopted by the City of Cape Canaveral (Amendment No. 17- IESR) adopted by Ordinance#05-2017 on June 20, 2017. We reviewed the amendments in accordance with the expedited state review process set forth in Sections 163.3184(2), (3) and (5), Florida Statutes (F.S.), and identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If this plan amendment is not challenged by an affected person, the amendment will become effective 31 days after the Department of Economic Opportunity notified the local government that the plan amendment package was complete. If this plan amendment is challenged by an affected person, the amendment will not become effective until the Department of Economic Opportunity or the Administration Commission enters a final order determining the amendment to be "In Compliance." No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. We appreciate the opportunity to work with the City of Cape Canaveral staff in the review of the amendment. If you have any questions related to this review, please contact Dan Pennington at(850) 717-8524 or by email at dan.pennington@deo.myflorida.com. Sin rely, Si J es D. Stansbury, Chief B eau of Community Planning and Growth JDS/dp cc: David Dickey, Community Development Director, City of Cape Canaveral Hugh Harling, P.E., Executive Director, East Central Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 850.245.7105 I www.floridajobs.org www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. Rick Scott *' Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT, ECONOMIC OPPORTUNITY September 14, 2017 The Honorable Bob Hoog Mayor, City of Cape Canaveral City Hall 105 Polk Ave. Cape Canaveral, Florida 32920 Dear Mayor Hoog: The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Cape Canaveral,Amendment No. 17-2ESR (Ordinance No. 10-2017),which was received on August 16, 2017. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and(3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The City is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department of Economic Opportunity and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399 850.245.7105 I www.floridajobs.org www.twitter.com/FLDEO I www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. City of Cape Canaveral Proposed Amendment 17-2ESR September 14, 2017 Page 2 We appreciate the opportunity to work with the City's staff in the review of the amendment. If you have any questions related to this review, please contact Dan Pennington, at (850) 717-8524, or by email at dan.pennington@deo.myflorida.com. Sincerely, tr/V /ames D. Stansbury, Chief Bureau of Community Planning and Growth JDS/dp Enclosures: Procedures for adoption of comprehensive plan amendments cc: David Dickey, Community Development Director, City of Cape Canaveral Hugh Harling, Jr., PE, Executive Director, East Central Florida Regional Planning Council SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Ordinance number and adoption date; Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. Ef_„til'e.1�;._ _ 2.^ u. ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike- through/underline format. In the case of future land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; List of findings of the local governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity in response to the comment letter from the Department of Economic Opportunity.