Loading...
HomeMy WebLinkAbout2007 EAR Correspondence & related documents DRAFT , t 7-, December 19, 2007 Mr. Ray Eubanks Plan Processing Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Plan Processing Team - EAR Review Transmittal of adopted 2007 Evaluation & Appraisal Report, Cape Canaveral Resolution No. 2007 - 40 Dear Mr. Eubanks: Pursuant to Florida Administrative Rule 9J-11.018, the City is pleased to transmit three copies of the adopted Cape Canaveral 2007 Evaluation and Appraisal Report (EAR). This transmittal package includes the adopting Resolution No. 2007-40 (Attachment "A"). The City of Cape Canaveral is approximately 2 square miles and is located in Brevard County. This EAR is transmitted following duly noticed public hearings before the City Planning Board acting as the Land Planning Agency (LPA) on XXXXXXX, 2007 and before the City Council on XXXXXX, 2007. Copies of advertisements for these public hearings are presented as Attachment "B" to this letter. By copy of this letter, the EAR will be transmitted to all reviewing agencies and the adjacent local government, City of Cocoa Beach, pursuant to Florida Administrative Rule 9J-11.018(3)(a), and 9J-11.009(6). A copy of the distribution for this transmittal is included as Attachment "C" to this letter. The transmittal documents are also available for public inspection at Cape Canaveral City Hall, between the hours of 9am and 5pm. The schedule for adoption of EAR based amendments is: 1) preparation of the amendments during the 2008 calendar year, 2) public hearing transmittal meeting in March 2009, and 3) public hearing adoption meeting in September 2009. Any questions regarding the EAR should be directed to Todd Peetz, AICP, City Planning Consultant at (407) 629-8880 or tpeetz@millerlegg.com. Sincerely, Rocky Randels, Mayor City of Cape Canaveral 7 0QpCE A4O } APB s9 i‘",-i't?.:":-i"..--Ili CM Of CAVE CANAVERAL December 20, 2007 Mr. Ray Eubanks Plan Processing Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Plan Processing Team - EAR Review Transmittal of adopted 2007 Evaluation & Appraisal Report, Cape Canaveral Resolution No. 2007 - 40 Dear Mr. Eubanks: Pursuant to Florida Administrative Rule 9J-11.018, the City is pleased to transmit three copies of the adopted Cape Canaveral 2007 Evaluation and Appraisal Report (EAR). This transmittal package includes the adopting Resolution No. 2007- 40 (Attachment "A"). The City of Cape Canaveral is approximately 2 square miles and is located south of Port Canaveral and north of Cocoa Beach in Brevard County. This EAR is transmitted following Community meetings held on August 22, 2006, January 25, 2007 and March 17, 2007, and following duly noticed public hearings before the Planning and Zoning Board acting as the Land Planning Agency (LPA) on June 27, 2007 and July 11, 2007, joint Planning and Zoning and City Council workshops on August 1, 2007, August 29, 2007, September 25, 2007, October 11, 2007 and October 23, 2007 and before the City Council on December 18, 2007. Copies of advertisements for public hearings are presented as Attachment "B" to this letter. By copy of this letter, the EAR will be transmitted to all reviewing agencies and the adjacent local government, City of Cocoa Beach, pursuant to Florida Administrative Rule 9J-11.018(3)(a), and 9J-11.009(6). A copy of the distribution for this transmittal is included as Attachment "C" to this letter. The transmittal documents are also available for public inspection at Cape Canaveral City Hall, between the hours of 9am and 5pm. 4 w The anticipated schedule for adoption of EAR based amendments is: 1) preparation of the amendments during the 2008 calendar year, 2) public hearing transmittal meeting in March 2009, and 3) public hearing adoption meeting in September 2009. Any questions regarding the EAR should be directed to Todd Peetz, AICP, City Planner at (407) 629-8880 or tpeetz(c�millerlegg.com. Sincerely, C-1-0— -GC4S2Q Rocky Randels, Mayor City of Cape Canaveral Attachments: "A" Copy of Resolution 2007- 40 "B" Copy of public hearing advertisement(s) "C" Distribution List Enclosures: 2007 Evaluation and Appraisal Report RESOLUTION NO. 2007-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT ("EAR")FOR THE COMPREHENSIVE PLAN OF THE CITY OF CAPE CANAVERAL,ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR THE TRANSMITTAL OF THE EAR TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS,section 163.3167,Florida Statutes,requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, section 163.3191, Florida Statutes, requires municipalities to adopt an evaluation and appraisal report every seven (7)years assessing the progress in implementing the City's Comprehensive Plan; and WHEREAS,as part of the evaluation and appraisal of the City's Comprehensive Plan,the City has held several community meetings over the course of the past year during which the City heard the concerns and input of the public regarding the City's preparation of the evaluation and appraisal report("EAR"); and WHEREAS,the City Council and Local Planning Agency have participated in several public joint workshops for purposes of identifying major issues for inclusion in the EAR; and WHEREAS,the Local Planning Agency held two(2)public hearings on June 27,2007 and July 11,2007 and formally issued recommendations to the City Council regarding adoption of the proposed EAR;and WHEREAS, the City Council, after considering the Local Planning Agency's review comments and recommendations for changes to the Cape Canaveral Comprehensive Plan, desires to adopt the evaluation and appraisal report set forth in Exhibit"A,"attached hereto; and WHEREAS, City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Resolution No.2007-40 Page 1 of 3 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,THAT: Section 1. Incorporation of Recitals . The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Adoption of Evaluation and Appraisal Report("EAR"). Pursuant to the requirements of section 163.3191,Florida Statutes,the City Council of the City of Cape Canaveral hereby adopts the Evaluation and Appraisal Report, attached hereto as Exhibit "A," and fully incorporated herein by this reference. Section 3. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted evaluation and appraisal report ("EAR") to the Florida Department of Community Affairs, in accordance with section 163.3191(6),Florida Statutes. Section 4. Severability. If any section, subsection, sentence, clause,phrase,word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction,whether for substantive or procedural reasons,such portion shall be deemed a separate, distinct,and independent provision,and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral,Florida. [SIGNATURE PAGE FOLLOWS] City of Cape Canaveral Resolution No.2007-40 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of ,2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas SUSAN STILLS,City Clerk Rocky Randels Shannon Roberts Buzz Petsos Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A.GARGANESE,City Attorney City of Cape Canaveral Resolution No.2007-40 Page 3 of 3 A{, ';. `. Aii %lizor FOR IMMEDIATE RELEASE CONTACT: City Contract July 21, 2006 (321) 868-1230 CITY PLANS COMMUNITY OPEN HOUSE TO DISCUSS KEY ELEMENTS OF COMPREHENSIVE PLAN CAPE CANAVERAL, FL — The City of Cape Canaveral has planned the first of three community "open house" meetings to discuss key elements of the Comprehensive Plan. The first meeting will be Tuesday, August 22nd from 5:30 — 7:30PM at the Cape Canaveral Library Hall Annex located at 201 Polk Avenue, in the Library Meeting Room. The key elements for discussion will be future land use, transportation, conservation, parks and recreation, and infrastructure. The meeting is intended to be informal, providing any interested resident to stop by and provide their input on how the City is doing and provide suggestions for the City's future. The City hopes to collect this valuable citizen input for evaluation purposes in the process of updating the Comprehensive Plan. The next two meetings are tentatively set for October/November of this year and January/February of 2007. The City of Cape Canaveral is a 1.9 square-mile residential beach community that is bounded on the west by the Banana River, on the north by Port Canaveral, on the east by the Atlantic Ocean, and on the south by unincorporated Brevard County and Cocoa Beach. If you have any questions abut this matter, please email the City at ccapecanaveral�Ja cfl.rr.com or phone 321-868-1222. We encourage your participation. Comprehensive Plan Amendment Process Section 163.3184, Florida Statutes Proposed Phase Local government transmits three copes of Local government and the plan amendment to the Department of • agencies notified submittal Community Affairs(DCA)and one copy to Acompleteis incomplete' f - - - - - (Wahl,"five working days or review agencies. (Local government may mquast receipt) review at transmittal) "Complete Local government and agencies notified submittal is'complete' (Warn the working days of receipt). +Review agencies include. • appropriate Regional Planning Council and Water Management Review agencies send comments to DCA Distnct;Department of (wean30 days of freely*dcompwreerr,endwerr) Transportation,Department of Environmental Protection, ♦ Department of State;the appropriate Local government requests Regional Planning Council(RPC)/ county(municipal plan amendments q Affected person sends request uest to only);the Florida Fish and Wildlife review "Requestq Conservation Commission and the RPC/Affected person request 4 fo review" review.(Must be received walwr 30 days after review transmittal) Department of Agriculture and Consumer Services(county plan amendments only);and the ".Vo request to review" Department of Education(public educational facilities element only) ♦ DCA notifies DCA issues ORC.(within .. .vje„,- local government of its 60 days of receipt d complete 411 decision to review.(Wtha,35 days proposal amendment). d incept o/complete amendment). ",Vo Review" • Adopted Phase Local government adopts plan amendments with effective date (wRrn 60 days after receipt d ORC or warn 120 days for an EAR-basod ameodmont). Local government submits three copies of adopted plan amendment to DCA,one copy to review agencies' (Within 10 working days after adoption). "Adopted dopted Amendment with Objections or Changes" "Unchanged Amendment not Reviewed or with no Objections" DCA issues DCA issues Notice of Intent 4 Notice of Intent(NOI).3(N9hin as "In" "In" (NOI). (Within 20 days of receipt of days of receipt ofa compete adopted complete adopted plan amendment). plan amendment). ":Vet in Compliance" "In Compliance" l - DCA requests hearing, If challenged,or Affected Party has 21 days =DCA does not review DOAH.(aeision of Administrative It found not in f..—.to challenge. for compliance adopted Heanngs,Department of Manage- small scale mont Services) compliance amendments.Local • • governments are negotiation may wired to submit one Administrative Proceeding If challenged,refer to required pursuant to s. 120 57,F S lead to a DOAH Administrative copy of the adopted compliance Proceeding pursuant to s. small scale amendment •120.57,F.S. to DCA and the RPC. agreement and DCA or Administration remedial plan 'NOI will be published Commission Final Order DCA orAdministration 30 days after receipt of amendment Commission Final Order compliance agreement 1 pursuant to •I amendment Effective Date s 163.3184(16), Effective Date `Local government F S confirms that the adopted amendment is Questions,call Ray Eubanks,Bureau of State Planning, unchanged from the Deportment ofCcmmwniry Affairs at(850)9224767; proposed amendment, email.:raveuba,ksrddca..stme l.us. Updated Apra 2002 was not reviewed and no objections were raised by an affected party or the Department NOTICE REQUIREMENTS FOR LOCAL PLANNING AGENCY HEARINGS Pursuant to Section 163.3174(4)(a), F.S., the LOCAL PLANNING AGENCY must hold at least one public hearing on the proposed comprehensive plan amendment(including small-scale amendments), and must provide the public notice for that hearing. Section 163.3164(18), F.S., defines public notice to mean the notice required by Section 125.66(2), F.S., for a county or by Section 166.041(3)(a), F.S., for a municipality. The notice requirements for LOCAL PLANNING AGENCY meetings are: 1. The local government places the advertisement in a newspaper of general circulation in the county or municipality; 2. No size requirements; and 3. No requirement for a specific portion of the newspaper. The advertisement must: 1. Include the date, time, and place of the LOCAL PLANNING AGENCY meeting; 2. Include the title or titles of the proposed plan amendment(s); 3. Identify the place or places within the municipality/county where the proposed amendment may be inspected by the public(copies of county proposed plan amendments must be kept available for public inspection during regular business hours of the office of the clerk of the board of county commissioners and recommend that the city clerk and public library or city/county website be additional locations for inspection); and 4. Advise that interested parties may appear at the LOCAL PLANNING AGENCY meeting and be heard with respect to the proposed plan amendment. 0 0 N "G ,— }" O 0 w a) a) w 0 al U .� O z a CA cu ad En 0 0 0 0° es v es E U cn 0 0. 0.4 as 0 ..C.tv int im 4 o o = CLI U o . d `. U ,_ N >, C U ❑ ail .. 0 (I1 4 .. 0 V .il V U o V .fl + 0 r c � � VI O Flo cn ° ., N •> ,.' O a a d .- C.) V a) 0 U a) ., LL .9.. NrA a L.; d 3 'Ci (1) C.) 0 "C `E z vs C vs coi 0 0 °-. . b U �y as '+r 1 it' �. b d z a CI z cid Z'4a ° a) .,., ° U Ebb a ,O 5. = 4.1 = N CD to c x 1 o •-+ U U cC p, d CD tt r..1 ° aH mA, x PO _ RULE 9J-11 , F.A.C., SUBMITTAL REQUIREMENTS FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS NUMBER OF COPIES TO BE SUBMITTED: Please submit three copies of all comprehensive plan materials, of which one copy shall be paper and the other two copies may be on CD ROM in Portable Document Format(PDF), to the Florida Department of Community Affairs and one copy each to the Florida Department of Environmental Protection (DEP), appropriate Florida Department of Transportation (DOT) district office, Department of State (DOS), appropriate Regional Planning Council (RPC), the appropriate Water Management District(WMD), Office of Educational Facilities of Commissioner of Education (if related to public educational facilities element pursuant to 163.31776, F.S.), the commanding officer or designee of each military installation located within, adjacent or proximate to the local government(if the amendment would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation), Office of Tourism, Trade, and Economic Development(OTTED) (if the amendment is related to a rural area of critical economic concern pursuant to Section 163.3187(1)(o), F.S.), appropriate County, the Florida Fish and Wildlife Conservation Commission (FFWCC) (county plans only), and the Florida Department of Agriculture and Consumer Services (DOACS), Division of Planning and Budgeting (county plans only). SUBMITTAL LETTER REQUIREMENTS: Please include the following information in the cover letter transmitting the proposed amendment (Rule 9J-11.006(1)(a), F.A.C.): The date(s) the local planning agency and the city commission held public hearings (Rules 9J-11.006(1)(a)1 and 9J-11.006(1)(a)2, F.A.C.); A statement certifying that the proposed amendment(s) have been submitted to DEP, DOT, DOS, the RPC and the WMD, County, Education (PEFE related amendment only), Military Base Commanding Officer(if amendment would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation), OTTED (if the amendment is related to a rural area of critical economic concern pursuant to Section 163.3187(1)(o), F.S.), FFWCC (county only), and Agriculture (county only) . Certification means that the letter must state that a copy of each item specified under 9J-11.006(1)(a)(b) and (c), F.A.C., has been mailed to these agencies and the date the amendment package was mailed (Rule 9J-11.006(1), F.A.C.); A statement certifying that a copy of the adopted plan, including amendments, associated data and analysis and all support documents, has been submitted to the review agencies listed in Rule 9J-11.009(6), F.A.C. If amendment is based on the EAR, must certify that adopted EAR has been sent to agencies listed in Rule 9J-11.009(6), F.A.C.; (Rules 9J-11.006(1)(a)8, F.A.C.); A copy of letters submitted to each review agency providing them with a copy of the complete adopted plan or EAR, if applicable. Note: this is not required if copies of the elements being amended are included in the amendment submittal package (Rule 9J-11.006(1)(a)8., F.A.C.); A summary of the plan amendment(s) content and effect(Rule 9J-11.006(1)(a)3, F.A.C.); A statement indicating whether to have DCA review the proposed amendment as provided in 163.3184(3)(a), F.S., (Rule 9J-11.006(1)(a)3., F.A.C.); The month the local government anticipates the amendment will be adopted (Rule 9J- 11.006(1)(a)4., F.A.C.); Page 1 of 5 The name, title, address, telephone, FAX number, and e-mail of the local contact person (Rule 9J-11.006(1)(a)10, F.A.C.); A statement indicating whether the amendment is applicable to an area of critical state concern (Rule 9J-11.006(1)(a)5., F.A.C.) A statement indicating whether the amendment(s) is located within Orange, Lake or Seminole Counties and subject to the Wekiva River Protection Area, pursuant to Chapter 369, Part III, F.S. (Rule 9J-11.006(1)(a)6., F.A.C.); A statement indicating whether the amendment is subject to a joint planning agreement and, if so, a list of the local government(s) that are party to the agreement. If the amendment is subject to a joint planning agreement, the transmittal letter shall be signed by the chief elected official (or designee) of each local government (Rule 9J-11.006(1)(a)9., F.A.C.). EXEMPTIONS: A comprehensive plan is exempt from the limit of two amendments per year if it meets any of the following criteria (Rule 9J-11.006(1)(a)7., F.A.C.)): The amendment is directly related to a proposed development of regional impact(Rule 9J- 11.006(1)(a)7a, F.A.C.); The amendment is directly related to small scale development activities (Rule 9J- 11.006(1)(a)7b, F.A.C.); The amendment meets the definition of emergency (Rule 9J-11.006(1)(a)7c, F.A.C.); The amendment is submitted pursuant to a compliance agreement(Rule 9J- 11.006(1)(a)7d, F.A.C.); The amendment is directly related to the intergovernmental coordination element(Rule 9J- 11.006(1)(a)7e, F.A.C.); The amendment is related to the location of a state correctional facility (Rule 9J- 11.006(1)(a)7f, F.A.C.); The amendment identifies the land use categories in which public schools are allowed (Rule 9J-11.006(1)(a)7g, F.A.C.); The amendment updates the five-year schedule of Capital Improvements pursuant to Section 163.3187(1)(f), F.S.; (Rule 9J-11.006(1)(a)7h, F.A.C.); The amendment is associated with an economic development project (Rule 9J- 11.006(1)(a)7i, F.A.C.); The amendment is directly related to the redevelopment of a brownfield area (Rule 9J- 11.006(1)(a)7j, F.A.C.). The amendment is directly related to Port Transportation Facility (Rule 9J-11.006(1)(a)7k, F.A.C.): Page 2 of 5 The amendment is directly related to Urban Infill Areas (Rule 9J-11.006(1)(a)71, F.A.C.); The amendment is directly related to Transportation Improvements (Rule 9J- 11.006(1)(a)7m, F.A.C.); The amendment is directly related to Public Schools Facilities Element(Rule 9J- 11.006(1)(a)7n, F.A.C.); The amendment is directly related to FLUM school sites in Public Schools Facilities Element (Rule 9J-11.006(1)(a)7o, F.A.C.); The amendment is directly ICE related pursuant to Section 163.3177(6)(h)4b, F.S.; (Rule 9J-11.006(1)(a)7p, F.A.C.); The amendment is directly related to Boat Facility Siting Plan/Policy pursuant to Section 380.06(24)(k)1, F.S. (Rule 9J-11.006(1)(a)7q, F.A.C.) The amendment directly addresses criteria or compatibility of land uses adjacent to or in close proximity to military installations pursuant to Sections 163.3187(1)(m), F.S.; (Rule 9J- 11.006(1)(a)7r, F.A.C.) The amendment directly establishes or implements a rural land stewardship area pursuant to Section 163.3177(11)(d), F.S.; (Rule 9J-11.006(1)(a)7s, F.A.C.) The amendment directly incorporates the regional water supply work plan approved pursuant to Sections 373.0361 and 163.3177(6)(c), F.S.; (Rule 9J-11.006(1)(a)7t, F.A.C.) The amendment directly implements the Wekiva Study Area plan pursuant to Section 369.321, F.S.; (Rule 9J-11.006(1)(a)7u, F.A.C.) The amendment updates the capital improvements element to update the schedule of capital improvements on an annual basis pursuant to Section 163.3177(3)(b)1, F.S.; (Rule 9J- 11.006(1)(a)7v, F.A.C.) The amendment is to the capital improvements element other than an update to the schedule of capital improvements pursuant to Section 163.3177(3)(b)2,F.S.; (Rule 9J- 11.006(1)(a)7w, F.A.C.) The amendment directly incorporates a community vision meeting the criteria of Section 163.3177(13), F.S., as a component to the comprehensive plan pursuant to Section 163.3177(13)(f), F.S.; (Rule 9J-11.006(1)(a)7x, F.A.C.) The amendment directly designates an urban service boundary meeting the criteria of Section 163.3177(14), F.S., pursuant to Section 163.3177(14)(b), F.S.; (Rule 9J-11.006(1)(a)7y, F.A.C.) The map amendment is consistent with Section 163.3184(17), F.S., within the urban service boundary for those local governments that have adopted a community vision and urban service boundary pursuant to Sections 163.3177(13) and (14), F.S.; (Rule 9J-11.006(1)(a)7z, F.A.C.) Page 3 of 5 The map amendment is consistent with Section 163.3184(18), F.S., within the urban infill and redevelopment area for those local governments that have adopted an urban infill and redevelopment area pursuant to Section 163.2517, F.S.; (Rule 9J-11.006(1)(a)7aa, F.A.C.) The amendment is submitted pursuant to Section 163.3187(1)(o), F.S., within an area designated by the Governor as a rural area of critical economic concern under Section 288.0656(7), F.S.; (Rule 9J-11.006(1)(a)7bb, F.A.C.) The amendment is necessary to carry out the approved recommendation of a special magistrate under Section 70.051, F.S. (Rule 9J-11.006(1)(a)7cc, F.A.C.) PROPOSED AMENDMENT PACKAGE: Please include the following information in the proposed amendment package (Rule 9J-11.006(1)(b), and (c), F.A.C.): All proposed text, maps and support documents (including data and analysis) reflected on new pages of the affected amendment in a strike-through/underline format(or similar easily identifiable format); Identify the plan amendment number of each page affected (Rule 9J-11.006(1)(b), F.A.C.); Staff, local planning agency and local governing body recommendations (Rule 9J- 11.006(1)(c), F.A.C.); Support documents or summaries of the support documents on which the recommendations regarding the proposed plan amendment(s) are based (Rule 9J-11.006(1)(c), F.A.C.); Copies of the entire elements being amended if the local government did not certify that it submitted copies of its adopted plan to review agencies (Rule 9J-11.006(1)(a)8., F.A.C.). For Future Land Use Map amendments, please include a future land use map depicting: The proposed future land use designation of the subject property (9J-11.006(1)(b)1.a., F.A.C.) The boundary of the subject property and its location in relation to the surrounding street and thoroughfare network (9J-11.006(1)(b)1.a., F.A.C.); The present future land use map designations of the subject properties and abutting properties (9J-11.006(1)(b)1.b., F.A.C.). An Existing Land Use Map depicting: The existing land use(s) of the subject property and abutting properties (Rule 9J- 11.006(1)(b)2, F.A.C.); Page 4 of 5 In addition: The size of the subject property in acres or fractions thereof(Rule 9J-11.006(1)(b)3.. A description of the availability of and the demand on sanitary sewer, solid waste, drainage, potable water, traffic circulation, schools and recreation, as appropriate (Rule 9J- 11.006(1)(b)4.. F.A.C.); Information regarding the compatibility of the proposed land use amendments with the Future Land Use Element goals, objectives and policies, and those of other affected elements (Rule 9J-11.006(1)(b)5., F.A.C.). If a local government relies on original data, or data and analysis from a previous amendment, it shall provide to DCA, at the time of submittal, a reference to the specific portions of the previously submitted data and analysis on which the local government relies to support the amendment (Rule 9J-11.007(2), F.A.C.): If previous data and analysis is no longer the best available existing data or no longer supports the plan, then copies of updated and reanalyzed data and analysis must be submitted to support the proposed amendment (Rule 9J-11.007(1), F.A.C.). Note: Remember 9J-11.006(1) states that applicable data and analysis must accompany the amendment packages submitted to DEP, DOT, DOS, the RPC and the WMD, County, Education (PEFE related amendment only), Military Base Commanding Officer(if amendment would affect the intensity, density, or use of the land adjacent to or in close proximity to the military installation), OTTED (if the amendment is related to an area of rural critical economic concern pursuant to Section 163.3187(1)(o), F.S.), (FFWCC (county only), and Agriculture (county only). All plan amendments must meet the requirements of Rule 9J-5, F.A.C. (Rule 9J-11.007(3), F.A.C.). Page 5 of 5 List of Agency Contacts to Receive EARS and Comprehensive Plan Amendments updated by DCA 2/24/06 State Agencies: Department of Agriculture and Consumer Services (County amendments and EARs only) Attn: Wendy Evans, Administrative Assistant II Bureau of Planning and Budgeting PL8, The Capitol Tallahassee, FL 32399-0810 Phone: 850-410-2280 e-mail: evansw©doacs.state.fl.us Department of Community Affairs Attn: Ray Eubanks, Plan Processing Administrator Division of Community Planning 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Phone: 850-922-1767, SC 292-1815, FAX 850-488-3309 email: ray.eubanks@dca.state.fl.us Department of Education Attn: Stanley Goldstein Turlington Building, Room 1054 325 West Gaines Street Tallahassee, FL 32399-0400 Phone: 850-922-5983, SC 292-5983, FAX: 850-488-1677 email: stanley.goldstein@fldoe.org Department of Environmental Protection Attn: Jim Quinn, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 Phone: 850-245-2163, FAX: 850-245-2190 em ail: jim.quinn@dep.state.fl.us Department of State Attn: Susan Harp, Historic Preservation Planner Bureau of Historic Preservation 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850-245-6333, FAX: 850-245-6437 email: sharp@mail.dos.state.fl.us Florida Fish and Wildlife Conservation Commission (County amendments and EARs only) Attn: Mary Ann Poole, Director Office of Policy and Stakeholder Coordination 620 South Meridian Street, Farris Bryant Building Tallahassee, FL 32399-1600 Phone: 850-488-6661, FAX: 850-922-5679 email: MaryAnn.Poole@MyFWC.com Office of Tourism, Trade, and Economic Development (OTTED) (Rural Economic Concern-related amendments. Any local government that is submitting either a large-scale or a small-scale amendment pursuant to the provisions of 163.3187(1)(c)4 or 163.3187(1)(o), F.S., should send a copy to OTTED.) Mary Helen Blakeslee, Chief Analyst Suite 2001, The Capitol Tallahassee, Florida 32399-0001 Phone: 850-487-2568, FAX: 850-487-3014, email: maryhelen.blakeslee@myflorida.com Department of Transportation District Offices: Department of Transportation, District One Attn: John Czerpak, Growth Management Coordinator Planning Department Post Office Box 1249 Bartow, FL 33831-1249 Phone: 863-519-2343, FAX: 863-534-7172 email: john.czerepak@dot.state.fl.us Department of Transportation, District Two Attn: Lea Gabbay, Growth Management Administrator Jacksonville Urban Office - MS 2812 2250 Irene Street Jacksonville, FL 32204-2619 Phone: 904-360-5647, FAX: 904-360-5649 email: lea.gabbay@dot.state.fl.us Department of Transportation, District Three Attn: Glenda Duncan, District Planning Manager 1074 Highway 90 Post Office Box 607 Chipley, FL 32428 Phone: S/C 767-1525, FAX: S/C 769-6149 email: glenda.duncan@dot.state.fl.us Department of Transportation, District Four Attn: Gerry O'Reilly, Director of Production & Planning 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 Phone: 954-777-4411, FAX: 954-777-4197 email: gerry.oreilly@dot.state.fl.us Department of Transportation, District Five Attn: Jon Weiss, Growth Management Supervisor 133 South Semoran Boulevard Orlando, FL 32807 Phone: 407-482-7881, FAX: 407-275-4188 email: jon.weiss@dot.state.fl.us Department of Transportation, District Six Attn: Karen McGuire, Office of Planning and Public Transportation 1000 NW 111 Avenue Miami, FL 33172 Phone: 305-377-5900, FAX: 305-377-5967 email: karen.mcguire@dot.state.fl.us Department of Transportation, District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Phone: 813-975-6444, FAX: 813-975-6443 email: carol.collins@dot.state.fl.us Regional Planning Councils: Apalachee Regional Planning Council Attn: Charles D. Blume, Executive Director 20776 Central Avenue East, Suite 1 Blountstown, FL 32424 Phone: 850-674-4571, FAX: 850-674-4574 email: arpc1@gtcom.net Central Florida Regional Planning Council Attn: Patricia Steed, AICP, Executive Director Post Office Box 2089 Bartow, FL 33831-2089 Phone: 863-534-7130, EXT 106, FAX: 863-534-7138 email: psteed@cfrpc.org East Central Florida Regional Planning Council Attn: Phil Laurien, AICP, Executive Director 631 North Wymore Road, Suite 100 Maitland, FL 32751 Phone: 407-623-1075, FAX: 407-623-1084 email: plaurien@ecfrpc.org North Central Florida Regional Planning Council Attn: Charles F. Justice, Executive Director 2009 NW 67 Place, Suite A Gainesville, FL 32653-1603 Phone: 352-955-2200, EXT 101, FAX: 352-955-2209 email: justice@ncfrpc.org Northeast Florida Regional Planning Council Attn: Ed Lehman, Director of Growth Management 6850 Belfort Oaks Place Jacksonville, FL 32216 Phone: 904-279-0880, FAX: 904-279-0881 email: elehman@nefrpc.org South Florida Regional Planning Council Attn: Terry Manning, Principal Planner 3440 Hollywood Boulevard Hollywood, FL 33021 Phone: 954-985-4416, FAX: 954-985-4417 email: terryman@sfrpc.com Southwest Florida Regional Planning Council Attn: David Crawford, Senior Planner 1926 Victoria Avenue Fort Myers, FL 33901 Phone: 239-338-2550, FAX: 239-656-7724 email: dcrawford@swfrpc.org Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 4000 Gateway Centre Boulevard, Suite 100 Pinellas Park, FL 33782 Phone: 727-570-5151 EXT 288, FAX: 727-570-5118 email: gerry@tbrpc.org Treasure Coast Regional Planning Council Attn: Terry L. Hess, AICP, Planning Director 301 East Ocean Boulevard, Suite 300 Stuart, FL 34990 Phone: 772-221-4060, FAX: 772-221-4067 email: thess@tcrpc.org West Florida Regional Planning Council Attn: Terry Joseph, Executive Director Post Office Box 9759 Pensacola, FL 32513-9759 Phone: 850-595-8910 EXT 201, FAX: 850-595-8967 email: josepht@wfrpc.dst.fl.us Withlacoochee Regional Planning Council Attn: Michael R. Moehlman, Executive Director 1241 SW 10th Street Ocala, FL 34474-2798 Phone: 352-732-1315, FAX: 352-732-1319 email: moehlman@wrpc.cc Water Management Districts: Northwest Florida Water Management District Attn: Douglas E. Barr, Executive Director 81 Water Management Drive Havana, FL 32333 Phone: 850-539-5999, FAX: 850-539-4380 email: cloug.barr@nwfwmd.state.fl.us St Johns River Water Management District Attn: Jeff Cole, Assistant Director Office of Communications and Governmental Affairs 4049 Reid St., Highway 100 Palatka, FL 32177 Phone: 386-329-4497, FAX: 386-329-4103 email: jcole@sjrwmd.com South Florida Water Management District Attn: P.K. Sharma, Lead Planner Post Office Box 24680 West Palm Beach, FL 33416-4680 Phone: 561-682-6779, FAX: 561-681-6265 email: psharma@sfwmd.gov Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Phone: 352-796-7211 EXT 4400, FAX: 352-754-6749 email: richard.owen@swfwmd.state.fl.us Suwannee River Water Management District Attn: Kirk Webster, Water Resource Planner 9225 CR 49 Live Oak, FL 32060 Phone: 386-362-1001, FAX: 386-362-1056 email: webster_k©srwmd.state.fl.us County Planning Agency (municipal EARs only) Adjacent local governments (required for EARs) Interested Citizens (for EARs, if requested) FORM RPM-BSP- EXEMPT REVIEW AMENDMENTS EXEMPT FROM STATE AND REGIONAL REVIEW 1.Name of Local Government Person completing this form Phone Number Name of Newspaper in which notice of amendment was published Date Publication Noticed (Please attach copy of notice) 2. Please indicate type of amendment being submitted: a). a map amendment directly related to proposed small scale development activities that meet the criteria of Section 163.3187(1xc), F.S.; b). a map amendment solely to property within an urban service boundary that meets the criteria of Section 163.3184(17),F.S.; c). a map amendment solely to property within a designated urban infill and redevelopment area pursuant to Section 163.3184(18),F.S.; d).a plan amendment associated with an area certified pursuant to Section 163.3246, F.S. Please complete the following information if amendment is submitted under 2(a): 3. If amendment contains a residential land use category indicate: density allowed prior to change dwelling unit(s)per acre. density allowed after change dwelling unit(s)per acre. 4.Number of acres of small scale development amendments contained in package: a. Within Urban Infill,Urban Redevelopment or Downtown Revitalization as defined by Section 163.3164,FS b. Within Transportation Concurrency Exception Area pursuant to Section 163.3180(5), FS c. Within Regional Activity Centers or Urban Central Business Districts pursuant to Section 380.06(2Xe), FS d. Within a Rural Area of Critical Economic Concern pursuant to Section 163.3187(1)(c)4, FS (Please attach certifying letter to OTTED) e. Outside categories a.,b,c. and d. 5. Cumulative total number of acres of small scale development amendments for the calendar year: a.Categories listed in Item 4 a, b,c and d. above b. Categories listed in Item 4 e above 6. Total number of acres of small scale development amendments in this package that are located within the coastal high hazard area as identified in the comprehensive plan Pursuant to Rule 9J-11.015(lxb)5, Florida Administrative Code,this form must be mailed with all amendments as defined by Section 9J-11.015(1xa)Florida Administrative Code to: DEPARTMENT OF COMMUNITY AFFAIRS PLAN PROCESSING SECTION 2555 Shumard Oak Boulevard Tallahassee,Florida 32399-2100 (850)488-4925 0 L. a) Z a. tr. tp y O 0 Q ,- F... • U '' '' 0 z H O '' UO a � > o a W a) a. OocA o � .. •i.. C C) O . al0* �_ >o z Q . . o 0 -› O >, 0 0 w � � � � F z •- v Oa) = .0 z A � _ z F'' w .= ° -a cA G=, CA 00 CIJ c Q W � o � o � W O 4- 0 .n , 14 E-+ a, a) a� a F E o 0 W Zvs Gp. o a. = 0 4" W o °+ ►> dW U c F - F N 6 E o ^ v� aZ o '� � CA z M wOw A a � U a) o •1 ( oo • 0 w xzF 0.1 z ,CA7 • d a Q o 0 � % al f� WF" W ¢ o c CI Ow Ea* C7V W tt 4 CO m OaA A •" 4 ds w o 0 a+ Z a. U W a� CA O CI N co, Z fl. ta ta = 'o a� Q CI • Z AN �'� >, E : W 2 o a.� cn � 0 E L r 1 o M L "O w v C UUi w 'o -v '6:v 0 'C .� W al th FU r� 0 .� :n-v c :�o = F Z c a� o O c 0 o c CL cam„ .'ct 7. z = • c •+•. •- t7 5 . ct C = � � aa) c - -0 - o U Ll Q U vz U �.Q` V y r, " ..... a. ct N G1. 0 c= 0 c 000 • ' O C«, 4. cL O o L _� 7.... u' ti C U Q a ^0 CA et eO U G=. O U � � dOZ � .. O � G U .O •q z a , O A CN d •y v M .2 ^,O cC w 15i v a6i Ogao E.-. 4-. - • 4 > -0CI. cC .-. E•er :. _ .O Z O 3 00 v o O W L z cz_ w 8Q � VD ,_ z Ct •L pa o � .� Q = � n � O � o c U a o t- ° C aD U c co c z ' N cn .� :� 4, U U a) V U .� 45 el) U y +� U O O •V ...I ti L O CI)a O w tz � z OU � •L .t pU �H . iau O cn WW : c W E-0> E• d n c y > A d a) A � A " 6 o �. -v WW A o aW - ¢, U 6 o W - Z Z E: • QW o `r' on > Uz �dO . i = � F al 0 a � g . c 1 Wa -4 03c... cu O co ' oc dz '° � al .� CD au r/1 I .� 0 I v c 0saC . CI. CI. 0 O cn as I- .O a) O c' a. 0 0 W d c, E W • a. Uo ^-Q I.. U p o a E" as ZZ u o r cn a O C co y r. 0 a) U U z z z FS Chapter 163.3184(15) PUBLIC HEARINGS.-- (a) The procedure for transmittal of a complete proposed comprehensive plan or plan amendment pursuant to subsection (3) and for adoption of a comprehensive plan or plan amendment pursuant to subsection (7) shall be by affirmative vote of not less than a majority of the members of the governing body present at the hearing. The adoption of a comprehensive plan or plan amendment shall be by ordinance. For the purposes of transmitting or adopting a comprehensive plan or plan amendment, the notice requirements in chapters 125 and 166 are superseded by this subsection, except as provided in this part. (b) The local governing body shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least 7 days after the day that the first advertisement is published. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published. (c) The local government shall provide a sign-in form at the transmittal hearing and at the adoption hearing for persons to provide their names and mailing addresses. The sign- in form must advise that any person providing the requested information will receive a courtesy informational statement concerning publications of the state land planning agency's notice of intent. The local government shall add to the sign-in form the name and address of any person who submits written comments concerning the proposed plan or plan amendment during the time period between the commencement of the transmittal hearing and the end of the adoption hearing. It is the responsibility of the person completing the form or providing written comments to accurately, completely, and legibly provide all information needed in order to receive the courtesy informational statement. (d) The agency shall provide a model sign-in form for providing the list to the agency which may be used by the local government to satisfy the requirements of this subsection. (e) If the proposed comprehensive plan or plan amendment changes the actual list of permitted, conditional, or prohibited uses within a future land use category or changes the actual future land use map designation of a parcel or parcels of land, the required advertisements shall be in the format prescribed by s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a municipality. FS 166.041(c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted. conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that. whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance) . A public hearing on the ordinance will be held on (date and time) at (meeting place) . Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place. and location of any public hearing on the proposed ordinance. (4) A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution; except that two-thirds of the membership of the board is required to enact an emergency ordinance. On final passage, the vote of each member of the governing body voting shall be entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective 10 days after passage or as otherwise provided therein. (5) Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the clerk of the governing body. (6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment. a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained herein. However. a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law. (7) Five years after the adoption of any ordinance or resolution adopted after the effective date of this act. no cause of action shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the provisions contained in this section. After 5 years, substantial compliance with the provisions contained in this section shall be a defense to an action to invalidate an ordinance or resolution for failure to comply with the provisions contained in this section. Without limitation, the common law doctrines of laches and waiver are valid defenses to any action challenging the validity of an ordinance or resolution based on failure to strictly adhere to the provisions contained in this section. Standing to initiate a challenge to the adoption of an ordinance or resolution based on a failure to strictly adhere to the provisions contained in this section shall be limited to a person who was entitled to actual or constructive notice at the time the ordinance or resolution was adopted. Nothing herein shall be construed to affect the standing requirements under part II of chapter 163. (8) The notice procedures required by this section are established as minimum notice procedures. The EAR process 1. Identify who will prepare EAR 3. Prepare 2. Workshop on Elected Officials list of issues subject matter(Identify Planning Board and clarify issues) General Public State ---- )--- and Regional 4. Scoping 5. Final issues Agencies Meeting list/letter of and understanding adjacent Collect local Data governments 7 6. Prepare 1st Analyze draft of EAR Data >. 7. Public Hearing on Elected Officials Proposed EAR Planning Board \ General Public 8. Revise EARr6 ,r)(j." 9. Transmit „/..., proosed EAR to DCA 10. Revise EAR n/3-) , 11. Public Hearing to Elected Officials adopt EAR Planning Board v/19 � General Public 1 I 12. Transit�^ 13b. Not Adopted sufficient > Amend EAR EAR ZN /Public •` y �l <- Hearing The EAR process `1. Identify who will prepare EAR . 3. Prepare 2. Workshop on Elected Officials list of issues subject matter(Identify Planning Board and clarify issues) General Public State ----4,7C- and Regional ►` 4. Scoping > 5. Final issues Agencies Y` Meeting list/letter of and understanding adjacent Collect local Data governments N 7 f V 6. Prepare 1st Analyze > draft of EAR Data 7. Public Hearing on Elected Officials Proposed EAR Planning Board General Public 8. Revise EAR[[ 9. Transmit proposed EAR to DCA 10. Revise EAR 11. Public Hearing to Elected Officials adopt EAR Planning Board General Public 12. Transit 13b. Not 13a. Sufficient Adopted EAR sufficient Amend EAR 14. Begin Plan Amendments Public _, Hearing i N o 0 N 03 M 7:1 N i" I i 0 O W a) >, C 0 0 w 0 0 U 0 z Cl) a 0 t 0 0 0 0 E 0� a, c ►� 0 C a) r -0 CLI C U C.)0 N .� 0 U c all '� 0 a) Z .. 0 .4 •,, V o U 3 - , ad 8 o CIO c4-i •mn C cn ¢ > V U 40 L) •a) - 0 Q i Q" �, Or 0 N E ¢ .. V >, z En dh 0 .� .� o• c. ,_,�` ct 4 al it* "0 < — E z z V g cz r = o0 Z •� 4 E "0 6 t 0 0 a) °' A•I0 =• N C7 d OA xC:i al CI)Ctt o 5 •.—O. a, U Q H Q a � Page 1 of 3 Susan Stills From: Bennett Boucher[boucher-cape@cfl.r[com] Sent: Tuesday, December 11, 2007 10:06 AM To: 'Todd Morley' Cc: Susan Stills Subject: FW: Resolution for EAR Adoption Todd. You need to stay on top of this EAR issue. Thanks. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 www.myflorida.com/cape From: Kate Latorre [mailto:klatorre@orlandolaw.net] Sent: Tuesday, December 11, 2007 10:00 AM To: Todd Peetz; Bennett Boucher Subject: RE: Resolution for EAR Adoption Todd and Bennett: It was my understanding that this resolution was to adopt the Report itself and is written to do just that. Under the applicable statute, after adopting the Report by resolution or ordinance,the Citv tr n ni . of the dot .d Report to DCA, whjch then has 60 days to review the adopted re ort and make reliminary_sufficiency determinationahat_is_forwarded_to the City foLthe Cinconsideration. DCA is required to issue a final sufficiency determination within 90 days after receiving the adopted Report. 41151, If DCA finds the EAR insufficient. then the City will prepare and submit a revised report. e vr,ee rof t Once DCA finds the C 's EAR sufficient, the City is required to amend the Comprehensive Plan based on the recommendations in the EAR and has 18 months following DCA's finding of sufficiency to do so. In short, unless I'm mistaken on exactly which step the City is at in this process, this resolution does, indeed Ouptine EAR. ee section 163.3191, F.S.) Kate 12/11/2007 Page 2 of 3 From: Todd Peetz [mailto:TPeetz@millerlegg.com] Sent: Tuesday, December 11, 2007 9:42 AM To: Bennett Boucher Cc: Kate Latorre Subject: RE: Resolution for EAR Adoption Bennett. Remember we are just transmitting the EAR and not adopting at this point. The DCA like to see the the resolution or ordinance just to make sure it is consistent with their policies. Todd Peetz From: Kate Latorre [mailto:klatorre@orlandolaw.net] Sent: Tuesday, December 11, 2007 9:38 AM To: Bennett Boucher Cc: Todd Peetz Subject: Resolution for EAR Adoption Bennett: Please find attached to this email, a resolution for adopting of the EAR. The actual EAR will be Exhibit"A" to this resolution. Please ensure this Resolution is adopting during an advertised public hearing during a regular City Council meeting. Let me know if you have any questions regarding this issue. Thanks, Kate Latorre, Esq. ROWN,GARCANESE, 3 &D'ACRESTA,P.A. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407)425-9566 Fax (407) 425-9596 Kissimmee (321)402-0144 Cocoa (866)425-9566 Website: www.orlandolaw.net Email: klatorre©orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for"spam" and/or"viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time- sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to 12/11/2007 Page 3 of 3 the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.503 /Virus Database: 269.17.0/1180 - Release Date: 12/10/2007 2:51 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.503 /Virus Database: 269.17.0/1180 - Release Date: 12/10/2007 2:51 PM 12/11/2007 64ACE Ake � ` '�i �4*. A1!...L-• June 20, 2007 Mr. James Stansbury Regional Planning Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: EAR — Letter of Understanding Dear Mr. Stansbury: Per the Department of Community Affairs the City is recommended to identify major issues for inclusion within the Evaluation and Appraisal Report process. This letter is to provide you with the major planning issues identified by the City of Cape Canaveral and obtain your approval with a Letter of Understanding. Attached you will find public comment sheets from three public workshops held on August 22, 2006, January 25, 2007 and March 17, 2007. These major issues were presented to and approved by the City Council on June 19, 2007. The following is a list of the City identified major issues, which are also discussed in the EAR: • Density — Review the density requirements of the FLUE and land development code. • Height - Review height requirements in the FLUE and Land development code which set height standards. • Shoreline Erosion and Dune Protection - Review policies of the Conservation and Coastal Management Element or promote standards to manage Shoreline Erosion and Dune Protection: • Add or further define policies to Conservation and Coastal Management Element or promote standards to provide Dune Protection • Add or further define policies to Conservation and Coastal Management Element that will protect and promote remaining green areas. . Consider undertaking an archeological survey to better determine any sensitive areas or areas in need of protection. Add policies as needed. . Add policy to Conservation and Coastal Management Element and consider adopting an historic preservation ordinance. • Transportation — Traffic Management - Promote multimodal transit system in the City connecting to the greater Central Florida region, equipped with shelters, seating and pullover areas. Research efficiency of current speed limit along A1A, reduce if necessary, and work on turn lanes and traffic flow along North Atlantic. • Development Guidelines/Appearance - Consider policies in the FLUE and LDRs to set Development Guidelines and Appearance standards to promote an attractive transition from the Port south and north along North Atlantic, overall community and A1A beautification, to include burying power lines, elimination or reduction of run down properties and encouragement of personal property upkeep, provide better street lighting and paths for bicyclists and pedestrians. • Obtainable Housing — Continue to provide for affordable housing opportunities within the City. Identify possible incentives or areas within the City or surrounding region and evaluate suitability of using redevelopment areas. • Park Provisions - Convert more public areas to parks that include amenities such as beachside restrooms, benches, pavilions, trash cans, and provide spaces for dogs to play and areas designated as fishing or swimming. • City Hall/Town Center — Enhance community identity while creating opportunities for shopping that encourages pedestrian mobility. • Mixed Use / Retail Development - Consider policies in the FLUE to promote Mixed Use development that includes shops, restaurants, and retail in close proximity to or below residential uses and provide for "corner-store" retail in close proximity to existing residential areas. • Fuel tanks — Review policies to encourage the conversion of nonconforming uses into conforming uses. • School Concurrency - Add policies to new School Concurrency Element and Capital Improvements Element which reflect the requirements of Chapter 163, F.S. and Rule 9J-5, F.A.C. Should you have any questions or require additional information, please contact Todd Peetz. City Planner at (407) 629-8880 or tpeetzmillerlegq.com. Sincerely, Rocky Randels, Mayor City of Cape Canaveral DRAFT yQpCE 4k 141 CITY OF CAPE CANAVERAL June 20, 2007 Mr. James Stansbury Regional Planning Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: EAR — Letter of Understanding Dear Mr. Stansbury: Per the Department of Community Affairs the City is recommended to identify major issues for inclusion within the Evaluation and Appraisal Report process. This letter is to provide you with the major planning issues identified by the City of Cape Canaveral and obtain your approval with a Letter of Understanding. Attached you will find public comment sheets from three public workshops held on August 22, 2006, January 25, 2007 and March 17, 2007. These major issues were presented to and approved by the City Council on June 19, 2007. The following is a list of the City identified major issues, which are also discussed in the EAR: • Density — Review the density requirements of the FLUE and land development code. • Height - Review height requirements in the FLUE and Land development code which set height standards. • Shoreline Erosion and Dune Protection - Review policies of the Conservation and Coastal Management Element or promote standards to manage Shoreline Erosion and Dune Protection: • Add or further define policies to Conservation and Coastal Management Element or promote standards to provide Dune Protection • Add or further define policies to Conservation and Coastal Management Element that will protect and promote remaining green areas. • Consider undertaking an archeological survey to better determine any sensitive areas or areas in need of protection. Add policies as needed. . Add policy to Conservation and Coastal Management Element and consider adopting an historic preservation ordinance. DRAFT . Transportation — Traffic Management - Promote multimodal transit system in the City connecting to the greater Central Florida region, equipped with shelters, seating and pullover areas. Research efficiency of current speed limit along A1A, reduce if necessary, and work on turn lanes and traffic flow along North Atlantic. • Development Guidelines/Appearance - Consider policies in the FLUE and LDRs to set Development Guidelines and Appearance standards to promote an attractive transition from the Port south and north along North Atlantic, overall community and A1A beautification, to include burying power lines, elimination or reduction of run down properties and encouragement of personal property upkeep, provide better street lighting and paths for bicyclists and pedestrians. . Obtainable Housing — Continue to provide for affordable housing opportunities within the City. Identify possible incentives or areas within the City or surrounding region and evaluate suitability of using redevelopment areas. • Park Provisions - Convert more public areas to parks that include amenities such as beachside restrooms, benches, pavilions, trash cans, and provide spaces for dogs to play and areas designated as fishing or swimming. . City Hall/Town Center — Enhance community identity while creating opportunities for shopping that encourages pedestrian mobility. . Mixed Use / Retail Development - Consider policies in the FLUE to promote Mixed Use development that includes shops, restaurants, and retail in close proximity to or below residential uses and provide for "corner-store" retail in close proximity to existing residential areas. . Fuel tanks — Review policies to encourage the conversion of nonconforming uses into conforming uses. . School Concurrency - Add policies to new School Concurrency Element and Capital Improvements Element which reflect the requirements of Chapter 163, F.S. and Rule 9J-5, F.A.C. Should you have any questions or require additional information, please contact Todd Peetz, City Planner at (407) 629-8880 or tpeetz(a�millerlegg.com. Sincerely, Rocky Randels, Mayor City of Cape Canaveral se AO Meeting Type: Regular 4) Meeting Date: 06-19-07 • Ati L,1 F..• ..%/ ‘ ,,,,i AGENDA %rawHeading Consideration Rem 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COMPREHENSIVE PLAN - EVALUATION AND APPRIASAL REPORT - LETTER OF UNDERSTANDING DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council review and authorize the mayor to submit the attached Letter of Understanding relating to the Comprehensive Plan - Evaluation and Appraisal Report process to the Department of Community Affairs, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This letter will inform the Department of Community Affairs that the City acknowledges the public participation efforts and recognizes issues facing the City related to the Comprehensive Plan. I recommend the letter be authorized and sent. Exhibits Attached: Draft letter City Manager' ice Department GRWTH MGMT/P&Z c4.2 im\myd cum n\council\meeting\2007\06-19-07\EAR.doc NIMINEle Cape Canaveral Public Meeting Page 1 of 11 Susan Stills From: Bennett Boucher iboucher-cape@cfl.rr.com] Sent: Thursday, August 31, 2006 1:11 PM To: Bob Hoog; Burt Bruns; Buzz Petsos; Leo Nicholas; Rocky Randels; Andrea Bowers; Anthony Garganese; Cathy Hardy; David Sargeant; Douglas Scragg; Ed Lawson; Edward Gardulski; Jeff Ratliff; Kim McIntire; Mike Swingler; Nancy Hanson; Susan Chapman; Susan Stills; Todd Morley; Virginia Haas; Walter Bandish Subject: Cape Community Open House.doc Todd Peetz said there were about 30 people that gave input at this meeting. Please review, it's good feedback. Bennett Cape Canaveral Open House August 22, 2006 A Public Information Topics: Transportation, Parks, Infrastructure,Coastal Management, FLUM TRANSPORTATION- PUBLIC Dislikes/Suggestions: Likes Train system Someone mentioned a train system. Being from Long Island,I say that would be great,not only to get from our area to Orlando,but running north and south too.There might need to be one for beachside and one mainland by USI (?).Actually, can passenger trains use that commercial line? I would love to see a train system set up from the port to Orlando International and on from there. We need to focus on using less fuel. Bus system Can you get just about anywhere by bus?What is the cost monetarily as well as time-wise? I've never gotten on a bus in Florida. The bus system should be nurtured. Soon we will all use it to get around town Bury main power lines. Beautify SR A1A. I would like a bus system,bus bays and seating 08/31/2006 Cape Canaveral Public Meeting Page 2 of 11 • a 4 Increase public transportation routes so the wait is shorter. IPullover areas and shelters at bus stops I A better bus system would help our citizens in Brevard County.Also make bus stops with shelter from the sun. I Roads I Improve North Atlantic from George King Blvd.to AlA I suggest: b) North Atlantic widening and beautification c) 35 mph along AlA Id) Repairing of all city roads which need North Atlantic,include turn lanes. IWiden Turn lanes on North Atlantic Ave. I Let's work on the traffic flow(widening?) along North Atlantic from George King South. 1 North Atlantic Ave. traffic congestion to be widened from AlA to port. IProvide bike lanes so people can ride safely. Getting people to the causeway in evacuation times Iwill be a problem from Astronaut and the port. I Do not do Ridgewood improvements without burying the power lines Do not 4-lane Ridgewood Ave. Retain 45 mph speed limit on AlA IMake speed limit 35 mph on Central from AlA to North Atlantic. IIUnderground utilities. Landscaping and signage . ' Need to put lights by the new hotels at the end of Astronaut Blvd. I 08/31/2006 Cape Canaveral Public Meeting Page 3 of 11 I I 1 08/31/2006 Cape Canaveral Public Meeting Page 4 of 11 PUBLIC QUESTIONS/COMMENTS Dislikes/Suggestions: Likes: Proximity to ocean 1. Stop trying to annex Avon-by-the-Sea 2. Less residential density 1. Ridgewood redevelopment 1. Town Center with shops and areas to 2. North Atlantic redevelopment walk,similar to Cocoa Village and 3. Good parks Winter Park. 2. More green space 3. Multi-use buildings with shops below &residential above Development of Manatee Park Please remove the fuel tanks as an acceptable use of land in the city. 1. Small community 1. A park at the north end of CC? 2. Community/City officials working 2. Let's create an attractive transition in together for improvements landscape buffers from the Port south 3. Small businesses and locals along North Atlantic friendly-not tourist-dependent. 3. Let's make a prettier'back entry'to the city from the Port down N.Atlantic Ave. -buffer trees and sidewalks along the sides. More bike paths,better street lighting. We cannot see on some of our streets,so hitting pedestrians/bikers is a high probability.. Residential/commercial balance City Hall building and campus modernization The people who designed Manatee Park! Joint use planning with Port and Cocoa Beach 1. Small town atmosphere-city 1. Is there a possibility of any more fuel • officials and volunteer boards tanks near residential?If so,repeal the working closely together makes `special exception'for fuel tanks city grant very accessible anywhere in an M-1 zone. 2. The new crossovers to the beach 2. The lack of retention of existing trees are wonderful. and green space with new 3. The green areas we still have-let's developments(eg.Oak trees should be preserve them part of any development plan) 4. The oak hammocks are lovely and 3. The`trashy'look alongside N Atlantic native (north from the'V'all the way to the 5. Thanks for doing this'Open Port).Wasn't N.Atlantic supposed to House! be widened and`dressed up'? 4. I noted that there's no land allotted to 08/31/2006 4 I Cape Canaveral Public Meeting Page 5 of 11 I `Conservation' (light green)on this map! IHaving a few fun things to do right 1. Too many new developments with high here in town,i.e.Jetty Park,Manatee density. Park,Cherie Down Park, Racetrax 2. Green spaces disappearing at rapid IGo-Carts,etc. We do have warm rate. weather most of the year! 3. No sidewalks or bike paths on edges of roads IDo not tear out any more trees or wild areas. I1. Stop the tank development 2. Developers need to give something I back in the form of community improvements 3. AIA needs beautification ISuggest museum,theater for performing arts, historical tour capability ISmall shops,new restaurants,dry store, Starbucks,Ice-cream stores I1. Lack of care for the environment 2. Overbuilding our area I 3. No bike paths! (I'm almost hit every time I ride my bike) 4. I The City needs to do far more about rundown property,especially property on E.Central Blvd. I1. No tank farm and no new tanks _ 2. Appeal the special exception I 3. Keep our oak hammocks 4. Make a nice woodsy park 5. Street sweeper-garbage pickup IRestrict further expansion of Coastal Fuels I Reduce the housing density. If all current housing was occupied,you would not be able to drive anywhere in the Cape. IAllow convenience stores in condo areas so residents don't have to drive to get a quart of milk (mixed-use). 1. Larger parks I 08/31/2006 Cape Canaveral Public Meeting Page 6 of 11 I 2. Density too high 3. Poor residential upkeep More small businesses,i.e.pharmacies IConvert the tree area (buffer zone)to public park. Nature preserve between coastal tank Iand Solana Lake,Shorewood Drive and Old Eberwine Rd. area IFamilies that do not have access to family parks by their homes. Even Cherie Down Park and Jetty Park are a car ride for some. IThe pepper trees,especially the huge one that I thought fell in the hurricane is growing I back.They grab all the water for the lawn and other plants. I Residents seem to keep to themselves. Can we have more activities to get people out and meeting neighbors. II agree with the comments about the fuel tanks. I live across the street from them and there is soot all over my house. Please ask those owning vacant land to mow I their property. It would improve the appearance of our town and cut down on mosquitoes. I I N 3 I o I II 08/31/2006 Cape Canaveral Public Meeting Page 7 of 11 -PUBLIC QUESTIONS/COMMENTS Likes Dislikes/Suggestions Beach use Separating rod fisherman from swimmers and walkers along the beach by having a designation for rod fishermen. Beach renourishment is great Fishing lines vs.beach walkers,swimmers, surfers - Put separate areas between signs for each of these conflicting activities.Designate'Surf fishing'area,then`swimmers/beach users',etc. Dogs Beach access is wonderful,thank Please provide an area where we can take our you! dogs on the beach. Even a designated time period would be good. Hilton Head Island allows dogs on the beach from 5pm-10am. No problems at all -the whole island is pet-friendly. Love all the public access Let our dogs have some time on the beach!When I lived in California,we could bring our dogs to the beach between 6-l0am and 5-9pm. Why can't we be a little more open-minded?The dog owners picked up the beach just fine!This state really u„ needs to get with the times! Our beaches are well-maintained 1. Restore the beach sand 2. Set up more trash containers for Jetty and Cherie Down. 3. Is it possible to separate fishermen from the swimmers? di Replenishment of sand How about placing a little,attractive,welcome center up in that SW corner of N.Atlantic at George King? This could be the start of an attractive`entry'to the City-landscape,trees to buffer the business and residences all along N.Atlantic. Sand fences and sea oats 1. Increased density on beaches because of all the new developments. 2. Smoking&trash on the beach 3. Quality of some of the crossovers,as well as 08/31/2006 Cape Canaveral Public Meeting Page 8 of 11 ' there being`handicapped friendly' 4. Benches next to crossovers for people to sit How about a community once a month'beach ' clean-up' (we already do it along Salonas/Shorewood beach). OR why not let organizations,associations,etc. `adopt'a stretch ' of beach. After the next move west of the coastal construction zone,relocate the houses to the future available property of Coastal Fuel ' company. Dislike garbage/trash/cigarettes/plastic discarded on the beach and city streets. Need to have more trash cans available to the public on the beach every so many feet and at intersections in the city and at bus stops. Need to have trash pickup daily or every other day. ' a) Enforce ordinances b) Pick up seaweeds after storms c) Good attitude towards turtles Ii +�r 1 ' 08/31/2006 Cape Canaveral Public Meeting Page 9 of 11 I -PUBLIC QUESTIONS/COMMENTS Dislikes/Suggestions Likes IPark system is good. 1. Build beachside restrooms 2. Take over Cherie Down park from County U 3. Boat ramp/kayak rentals at Manatee Park Xeriscape parks are wonderful Would like to see a skateboard park.Try to get I the teens involved. Keep the parks coming!They are Consider restroom for beach walkers between I wonderful and I would love to see Cherie Down Park and the Port more! I The parks are beautiful. Central and N. Atlantic southwest corner- vacant undeveloped land-coastal hardwood hammock. I1. Cleanliness of parks 1. Park in northeast part of city. 2. Professionalism of staff 2. More variety of use in parks,e.g.pavilions I 3. More benches 4. City should take over Cherie Down Park, so that it can be used for city residential I priorities. Correct park map to include all parks. I1. Please give us some place where our dogs are welcome! I 2. Maintain the little bit of green space we have left.No more trees bulldozed down! I I I 1 I 08/31/2006 Cape Canaveral Public Meeting Page 10 of 11 INFRASTRUCTURE - PUBLIC QUESTIONS/COMMENTS ' Dislikes/Suggestions Likes Water supply ' Reuse water supply.There seems to be a shortage of water pressure and supply in the Solana Lake ' Condo area. 1. I live at Solana Lakes and we are having a very difficult time keeping our grass and plants watered! Pressure is too low on our reclaimed water. 2. No more fuel tanks put in by Coastal Fuels! 1. Water pressure/needs to be stronger. 2. Having a petroleum tank farm in the city. Reuse water from north end on only 3 hours per ' day(not enough). 6-9pm will not even sprinkle all of the area at Solana Lakes. Even with enough pressure,maintenance men cannot service the ' sprinkler system with no water in the daytime. However,pressure is too low on reuse water. It will not even push up the sprinkler heads(at this development). Most of the landscaping has died. Tank farm For long term planning,please do not expand the coastal tank farm where it is now. Move them all to the new tank farm area at the Port Authority ' property,away from people. How to lure'the tank farm to move to I-95 - where it's MUCH more appropriate for storage and transfer of fuel! Stricter enforcement of code violations-untidy properties and building sites. Ugly green garbage cans.You can't hide them and they smell.Are they supposed to blend in?Why not tan? • City should try to purchase coastal hardwood hammock at the corner of N.Atlantic and Central Blvd. 08/31/2006 Cape Canaveral Public Meeting Page 11 of 11 1. Eliminate nightly/weekly rentals. 2. No expansion of Coastal Fuels 3. Eliminate/make use of abandoned buildings. 1. Recycling center in the city,so those items not picked up by Waste Management could be recycled there. 2. Add aluminum to recycling process. Long-serving council members: Step aside to permit younger residents to run. Encourage young people to seek office. 1 1 1 I 1 I I 08/31/2006