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Home My WebLink AboutCTY. CAPE CANAVERAL 21-91ESR Ron DeSantis Dane Eagle GOVERNOR SECRETARY FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY September 15,2021 The Honorable Bob Hoog Mayor, City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 Dear Mayor Hoog: The Department of Economic Opportunity("Department") has reviewed the proposed comprehensive plan amendment for the City of Cape Canaveral (Amendment No. 21-01ESR) received on August 26, 2021.The review was completed under the expedited state review process. We have no comment on the proposed amendment. The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance,we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. In addition,the City is reminded that: • Section 163.3184(3)(b), F.S., authorizes other reviewing agencies to provide comments directly to the City. If the City receives reviewing agency comments and they are not resolved,these comments could form the basis for a challenge to the amendment after adoption. • The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of agency comments or the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(3)(c)1., F.S. • The adopted amendment must be rendered to the Department. Under Section 163.3184(3)(c)2. and 4., F.S.,the amendment effective date is 31 days after the Department notifies the City that the amendment package is complete or, if challenged, until it is found to be in compliance by the Department or the Administration Commission. Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 1.www.FloridaJobs.or www.twitter.com/FLDEO 1www.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. The Honorable Bob Hoog September 15, 2021 Page 2 of 2 If you have any questions concerning this review, please contact Matthew Preston, Planning Analyst, by telephone at(850) 717-8490 or by email at matt.preston@deo.myflorida.com. Since - , lif ell IP- -401W , gyr .1 J es D. Stansbury, Chief ureau of Community Planning and Growth JDS/mp Enclosure(s): Procedures for Adoption cc: Brenda Defoe-Surprenant, Senior Planner,City of Cape Canaveral Hugh Harling,Jr., 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 electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (https://floridajobs.secure.force.comLc_pi) or 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 State Land Planning Agency 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: State Land Planning Agency 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. Revised:March 2021 Page 1 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 state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged,this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the State Land Planning Agency 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 State Land Planning Agency in response to the comment letter from the State Land Planning Agency. Revised:March 2021 Page 2 FDOT Florida Department of Transportation RON DESANTIS 719 S.Woodland Boulevard KEVIN J.THIBAULT,P.E. GOVERNOR DeLand,Florida 32720 SECRETARY September 1, 2021 Brenda Defoe-Suprenant Senior Planner City of Cape Canaveral P.O. Box 326 100 Polk Avenue Cape Canaveral, Florida 32920-0326 SUBJECT: PROPOSED COMPREHENSIVE PLAN AMENDMENT LOCAL GOVERNMENT: CITY OF CAPE CANAVERAL DEO #: 21-01 ESR Dear Ms. Defoe-Suprenant, The Department of Transportation has completed its review of the above Proposed Comprehensive Plan Amendment. We appreciate the opportunity to participate in this review process. The proposed Property Rights Element is not anticipated to have significant adverse impacts to the State Highway System or the Strategic Intermodal System; therefore, the Department has no technical assistance comments. If you have any questions, you may contact me by phone at 386-943-5457 or by email at Channing.Maiolo@dot.state.fl.us. Sincerely, M. Channing Maiolo Systems Planning Coordinator C: Cheryl Campbell, Brevard County Jennifer Carver, FDOT Tara McCue, ECFRPC D. Ray Eubanks, DEO Heather Garcia, FDOT Kelly Corvin, DEO Steve Shams, FDOT www.fdot.gov Brenda Surprenant From: Plan_Review <Plan.Review@dep.state.fl.us> Sent: Monday, September 13, 2021 10:54 AM To: Brenda Surprenant; dcpexternalagencycomments@deo.myflorida.com Cc: Plan_Review Subject: Cape Canaveral 21-01 ESR Proposed Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org To: Brenda Defoe-Surprenant, Senior Planner Re: Cape Canaveral 21-01ESR—Expedited State Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department)has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package,the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please submit all future amendments by email to Plan.Review@FloridaDEP.gov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. Customer Service Surve Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,unless otherwise exempt. Under Florida Law, email 1 addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 Brenda Surprenant From: Steve Fitzgibbons <SFitzgibbons@sjrwmd.com> Sent: Monday, September 13, 2021 11:36 AM To: Brenda Surprenant Cc: DCPexternalagencycomments Subject: City of Cape Canaveral proposed comprehensive plan amendment 21-02ESR (Property Rights Element) Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Dear Ms. Defoe-Surprenant, St.Johns River Water Management District (District) staff have reviewed City of Cape Canaveral proposed comprehensive plan amendment 21-02ESR (Property Rights Element) in accordance with the provisions of Chapter 163, Florida Statutes. Based on review of the submitted materials, District staff have no comments on the proposed amendment. If you have any questions or need additional information, please contact me. Please note that all proposed and adopted comprehensive plan amendments can be submitted to the District by email at sfitzgibbons@sjrwmd.com. Sincerely, Steve Fitzgibbons Steven Fitzgibbons, AICP Intergovernmental Planner Division of Strategic Planning and Initiatives St.Johns River Water Management District 7775 Baymeadows Way, Suite 102 Jacksonville, FL 32256 Office (386) 312-2369 Website: www.sjrwmd.com Connect with us: Newsletter, Facebook,Twitter, Instagram, YouTube. Pinterest wwwslrivmd,corniePermit We value your opinion. Please take a few minutes to share your comments on the service you received from the District by clicking this link Notices • Emails to and from the St. Johns River Water Management District are archived and, unless exempt or confidential by law, are subject to being made available to the public upon request. Users should not have an expectation of confidentiality or privacy. • Individuals lobbying the District must be registered as lobbyists (§112.3261, Florida Statutes). Details, applicability and the registration form are available at http://www.sjrwmd.com/lobbyist/Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 2 D Ee Ron DeSantis Dane Eagle GOVERNOR SECRETARY FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY August 26,2021 Ms. Brenda Defoe-Surprenant Senior Planner City of Cape Canaveral P.O. Box 326 100 Polk Avenue Cape Canaveral,Florida 32920-0326 Dear Ms. Defoe-Surprenant: Thank you for submitting City of Cape Canaveral's proposed comprehensive plan amendment submitted for our review pursuant to the Expedited State Review process. The reference number for this amendment package is 21-01ESR. The proposed submission package will be reviewed pursuant to Section 163.3184(3), Florida Statutes. Once the review is underway,you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. You will receive the Department's Comment Letter no later than September 25,2021. If you have any questions please contact Terri Stoutamire,Plan Processor at (850) 717-8513 or Kelly Corvin,Regional Planning Administrator,whom will be overseeing the review of the amendments, at(850)717-8503. Sincerely, D. Ray Eubanks,Administrator Plan Review and Processing DRE/ts Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 850.245.71051 www.FloridaJobs.org www.twitter.com/FLDEO Iwww.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. • 1111 A M TY 0 F 14 _ = W F MO MO• r. CITY OF CAPE CAR;AYERAL August 26, 2021 Florida Department of Economic Opportunity (DEO) Office of Community Planning and Growth/Bureau of Comprehensive Planning Re: Comprehensive Plan Property Rights Element—First Reading/Transmittal Hearing To Whom It May Concern: This letter will serve as the transmittal of a proposed comprehensive plan amendment from the City of Cape Canaveral, which includes required statements, supporting documents and information pursuant to Section 163.3184(4), Florida Statutes. A complete copy is being sent to the Florida Department of Transportation District 5, East Central Florida Regional Planning Council, St. Johns River Water Management District, Florida Department of Environmental Protection, the Department of State and Brevard County. The transmittal package includes one ordinance; the summary as follows: Ordinance No. 33-2021; amending the text of the City's Comprehensive Plan to include a Property Rights Element as required by law; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Comprehensive Plan, severability and an effective date and legal status of the Plan Amendment, first reading. The City's Planning & Zoning Board/Local Planning Agency recommended approval of the ordinance to the City Council at its regularly scheduled meeting on July 28, 2021.The City Council held a transmittal hearing at its August 17, 2021 regularly scheduled meeting, at which time it voted to transmit this ordinance to the Florida Department of Economic Opportunity. The public transmittal hearing was held at the Cape Canaveral City Hall,which is located at 100 Polk Avenue, Cape Canaveral, FL 32920.The second reading/final adoption is scheduled for October 19, 2021. Properties affected by the ordinance are not: in an area of critical state concern designated pursuant to Section 380.05, Florida Statutes; a rural land stewardship area pursuant to Section 163.3248, Florida Statutes; a sector plan pursuant to Section 163.3245, Florida Statutes;an update a comprehensive plan based on an evaluation and appraisal report pursuant to Section 163.3191, Florida Statutes; a proposed development pursuant to Section 380.06, Florida Statutes, or, a new plan for a newly incorporated municipality adopted pursuant to Section 163.3167, Florida Statutes. The proposed amendment is submitted via the DEO's new user-friendly online portal for local governments. The Cape Canaveral Community and Economic Development department, located at 100 Polk Avenue, Cape Canaveral, FL 32920, is the designated location for public inspection of the transmittal package.Should you have any questions or need additional information related to this matter, please contact me at (321) 868-1220, ext. 139. Sincerely, ptZ`""111� Brenda Defoe-Surprenant, Senior Planner Attachments: 1. Notice of Public Hearing 2. Ordinance No. 33-2021 including Staff Report with attachments (P&Z/LPA Meeting) 3. Ordinance No.33-2021 including Staff Report with attachments(City Council/First Reading and Transmittal) 4. Future Land Use Map amendments (the proposed Ordinance impacts the entire City, approximately 1,400 acres) 5. Existing Land Use Map 6. Additional proposed amendment package narrative per the Proposed State Coordinated Review Comprehensive Plan Amendment directions cc: Tara McCue, AICP, East Central Florida Regional Planning Council Tina Williamson, FDOT District 5 Steven Fitzgibbons, St. Johns River Water Management District Plan Review, Department of Environmental Protection Jason Aldridge, Department of State Tad Calkins, Brevard County Planning and Development Department Anthony Garganese, City Attorney David Dickey, Community& Economic Development Director Todd Morley, City Manager Mia Goforth, CMC, City Clerk