Resolution 93-723EAS, the City Commrs of the City of Longwootl, Florida,
(City)H adopted the Comprehensive Plan by Ordinance No. 1019 on
Suly 20, 1992; and
WHEREAS, the State of Florida, Department of Community Affairs
(DCA) o September 1 1992, is uetl a "Statement of Intent to Find
the Comprehensive Plan o rn Compliance" with the State
omprehens ive Plan, the East Central Floritla Comprehensive Regional
Policy Plan, ana chapter 9 - Flnriaa Aaminiatrati~e eoae, ana
referred the ma er o the State of Flo cias rvrsron of
Administrative Hearings tfor administrative hearing; and
WHEREAS, the City and DCA have negotiated a tipulated
setlement Agreemen £or amendment to the Comprehensive Pian to
resolve DCA's objections [o the Comprehensive Plan and thereby
dispense with the necessity of an administrative hearing; and
the City has published a en-tlay notrce of i s rn en
to adoptR the Stipulated Eettl emene Agieeme nt pursuant to Sectron
163.3184(16)(c), Florida Statutes,
NOW, T RE T RESOLVED that the City Commission o£ the
City of ongwoodE hereby approves the tipulated settlement
Agreement with [he Department of Community AFf ails as hereto
attached and incorporataa herein as exhibit 1.
ee s _. ., on enai~ em ~a
pecowe e££ectSVer a 3. it- pas cage and
adopt on.
sxATE of ewa2DA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COIMRINITY AFFAIRS, )
Petitioner, )
~ vs. ) DOAH CASE NO. 92-5'129GM
CITY OF LONGWOOD, )
1
Respondent. )
STIPULATED SETTLEM
Petitioner, Florida Department of Community Affairs
(department), and Respondent, City of Longwood (city), hereby
stipulate ana agree as follows:
MNAAL PROV292oNe
3. As used in this agreement, the following
words and pRrases shall Rave the following meanings:
a, prt: The Local Government Comprehensive Planning
and Land Development R g at ron A s codified in Part I ,
CRapter 1 , Florida statutes (1991) and CRapter 92-1 , Laws o£
Florida.
b. ment: This stlpulated settlement agreement.
c. R P1 or ~: The City of Longwood
Comprehensive Plan, as adopted by Ordinance No. 3019 on Suly 2 ,
d. pOAH: The Florida Division of Administrative
9 e. mnl'ance or $R~ com a e. consistent with
seotione Ise. II~2, Is3.G1~a ana Sea. x191, eloriaa statutes,
Section 18].201, Florida Statutes, the applicable regional policy
plan, ana chapter sa-s, rloriaa Aaminiatraoi~e code.
f. The notice of intent Issued by the
department to which was attached its statement of intent to find
the plan not in compliance.
g. The petition for administrative hearing
and relief filed by the department in this case.
h. medial Action: A remedial plan amendment,
submission of support docusent or other action described in the
statement of intent or this agreement as an action which must be
completed to bring the plan into compliance.
r. Remedial Plan endment: An amendment to the plan
or support docusent, the need for wT ich is identified in this
agreement, including its exhibits, and which the local gover:went
must adopt to complete all remedial actions. Remedial plan
asendments adopted pursuant to this agreement must, 1n the
opinion of the department, be consistent with and substantially
similar in conoepc ana contenc co the onma identified in this
agreement or be otherwise acceptable to the department.
j. Statement oP intent: The statement of intent to
find the plan not in compliance issued by the department in this
k. 9_yppo&$_QQpym.QRL: The studies, inventory maps,
surveys, data, inventors , listings or analyses used to develop
and support the plan.
2. ement. This is the entire agreement between
the parties and no verbal or written assurance oe promise is
effecc ive or binainq unless inowaea in this aocument
approved by the local government's governing body at a public
hearing advertised in an advertisement published at least 10 days
prior to the hearing in the manner prescribed for advertisements
an Eectaon 163.3164(15)(c), Florida Statutes. This agreement has
been executed by the appropriate officer as provided in the local
government's charter or other regulations.
4. chap in Law. Nothing in this agreement shall be
construed to relieve either patty from adhering to the law, and
an the event of a change in any statute or administrative
regsslation inconsistent with this agreement, the statute or
5. her Persons Nothing in this agreement
shall be deemed to affect the rights of any other person under
the law.
6. Attorney F CosT~s. Each party shall bear its own
ooeta, ,ncluainq attorney fees.
~. Effective This agreement shall become effective
upon the last date of signing by the parties.
PART Z
e. 2 Not E tab cede The
parties enter into Part I of this agreement in a spirit of
cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire foe the
speedy and reasonable resolution of disputes arrsing out of or
related to the plan. The acceptance of proposals for purposes oP
this agreement is part of a negotiated agreement affecting many
factual and legal issues and is not an endorsement of, and does
not establish precedent for, the use of these proposals in any
other circumstances or by any other local government.
9. The department is the state land
planning agency and has the power and duty to administer and
enforce the Act and to determine whether the plan is in
11. Negotiation of Aa The department issued its
notice and statement of intent to find the plan rtot in
compliance, and filed Che petition in this case to that effect.
and agreed to resolve the issues in the petition, notice and
statement of rntent through this agreement. It is the intent of
this agreement to resolve fully all issues between the parties in
12. m_ssal. If the local government completes the
remedial actions required by this agreement, ancluding the
adoption of required plan amendments as set forth herein, the
department shall issue a cumulative notice of intent addressing
both the compliance agreement amendment and the initial plan
subject to these proceedings. The department shall file the
cumulative notice of intent with the DOAN along with a request to
aismiss chis proceedins.
13. Fi lino a d Continuance. This agieement shall be filed
with DOAH by the department after execution by the parties. Upo
the filing of this agieement, the administrative proceeding in
this matter shall be stayed by the hearing officer in accordance
with Section 163.3384(16), Florida Statutes.
14. Retention of Riaht to Final N Both parties
hereby retain the right to have a final hearing in this
proceeding in [he event of a breach of this agreement, and
no<hing in this agreemen< shall be deemed a warver of such tight
The department or any other party to [his agreement may move to
have this matter set for hearing if it becomes apparent that any
other pasty whose actron is required by this agreement is not
agreement is a copy of the statement of intent, which identifies
the provisions not rn compliance. Exhibit B contains remedial
actrons needed for compliance. This agreement constitutes a
stipulation that if the remedial actions are accomplished, the
plan will be in compliance.
of its governing body all remedial actions described in Exhibit B
no later than the trme period provided for in this agreement.
3>. Aao t emea'al p mots.
Within 60 days after execution of this agreement by both parties,
the local government shall consider for adoption all remedial
plan amendments and amendments to the support document. This may
be done at a single adoption hearing. within 10 working days
after adoption oY the plan amendment, the local government shall
transmit io copies of the amendment to the department as provided
in Aule 9J-31.013, Florida Administrative Code. The local
government also shall submit one copy to the regional planning
agency and to any other unit of local or state government that
has filed a written request with the governing body for a copy of
the plan amendment and a copy to any party granted intervenor
status in this proceeding. The amendment shall be transmitted to
the department along with a letter which describes the remedial
action adopted for each part oY the plan amended, including
references to specific portions and pages.
18. ledgem All parties to thls agreement
acknowledge that neither the participation nor the "based upon"
provisions in Section 363.1184 (BJ, Florida Statutes, apply to the
remmaiaz amendment.
ls. mtmn .
witnin as days after receipt of ine adopted remedial plan
amendments and Support documents, the department shall issue a
notice of intent pursuant to Section 163.3184, Florida Statutes,
for the adopted amendments in accordance with this agreement.
a. In c mnliance: If ine adopted remeaial actions
satisfy trtis agreement, the department ahall iasue a cumulative
notice of intent addressing both the plan and the compliance
agreement amendment as being in compliance. The Department shall
file this cumulative notice with OOAH and shall. move to have this
D. Not in Comoliance: If the remeaial actions are
not adopted, or If they do not satisfy this agreement, the
department shall issue a notice of intent to find the plan
fos a hearing as provided in Subsection 163.31sG (10), Florida
statut and say request that the matter be consolidated with
single final hearing if the department so requestr,.
20. Effect of Amendment. Adoption of any compliance
agreement amendment shall not be counted toward the fzequency
restrictions imposed upon plan amendments pursuant to section
163.318)(1), Florida Statutes.
an executed stipulated settlement agreement, until the remedial
amendments described in this agreement have been adopted and a
notice of intent to find them in compliance has been lssuea by
the department.
22. Purpose of Part I The parties enter into Part II o£
this agreement to provide grant funding, pursuant to Chapter 91-
the remedial actions necessaey to bring the adopted plan
submitted pursuant to Subsection ]6].336](2), Florida Statutes
and Chapter 9J- , Florida Administrative Code into compliance.
23, Liab;;jry. To the extent of funds received under this
agreement, the local government hereby agrees to hold harmless
party to this agreement arising out of, or due to any act,
government's performance under this agreement.
24. Public R cords. The local government shall allow
material, subject to the provision of Chapter 1 lorrda
Statutes, prepared or rece rued by the local government in
conjunction with this agreement. The department may unilaterally
cancel this agreement if the local government refuses to allow
public access to ail documents, papers, letters, or other
material subject to the provisions of Chapter 119, F.S., and made
or received by the local government in conjunction with the
agreement.
25. ailabili ty Payment of state funds pursue
to th,a agreement is subiect to ana oonaitionea upon the total
release of authorized appropriations from the Local coveznment
Comprehensive Planning Assistance Program provided by law. The
State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the
a. As consideration for work performed under this
agreement, the department agrees to pay a fixed fee of up to
$28]5.00. Payment will be based on the payment schedule and
Funds may not be used fox the purchase of
nonconsumable and nonexpendable nature with an expected useful
life which exceeds the duration of this contract. Funds may also
not be used for attorney fees unrelated to this agreement. No
funds or other resources receryed in connection with this
agreement may be used directly or indirectly to influence
legislation or any other official action by the Florida
Legislature or any state agency.
27. Method of P vment. The payment shall be made by the
department after t[mely receipt of the remedial amendment, which
will be verified by the department to rnclude all required
proposed remearal actron, and receipt of an invoice from the
local government. If the remedial actions are not receryed in
accordance with the schedule In this agreement, or if the
department in its discretion determines that the remedial act
are lnconslstent with this agreement, the payment shall not b
moos.
2e. Avait x ants.
a. xne local gooer~ent agrees to maintain aaegna
financial prooeaures ana aaegaate support aocaments to acooan
for the expenditures of funds under Part II of Chis agreement
times for inspection, review, or audit by state personnel and
therr personnel tluly authorized by the department. reasonable
shall be construed according to crrcumstances, but ordinarily
shall mean normal business hones of 8.00 a. m. to x.00 p.m., local
tr , onday through Friday.
c. The local government shall also provide the
department with the records, repoets or financial statements upon
request Por the purposes oP auditing and monitoeing the funds
awarded under Part IS of this agreement. Bills for fees or other
compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaud it thereof.
d. The Local government shall include an accounting
of these funds under Part II of this agreement in the local audit
prepared by the local government of the 1991-92 and 1992-93
fiscal years.
e. In the event the audit shows that all or a portion
of the funds provided under Part II, were not spent in accordance
with Chapter 95-26, Florida Administrative Code, and the
conditions of this agreement, the local government shall be held
liable for repayment to the department of all funds not spent in
accordance with these applicable regulations and agreement
provxsaons within thirty (30) days after the department has
notified the local government of such noncompliance.
f. The local government shall retain all Einancial
records, supporting documents, statistical records, and any other
documents pertinent to Part II oP this agreement for a period of
three years after the tlate of submission of the final
expenditures report o if an audit has been initiated and audit
findings have not been resolved at the end of three years, the
records shall be retained until resolution of the audit findings.
g. Bills for any travel expenses shall be submitted
in accordance with Section 112.0 , Florida Statutes.
h. The Local government shall, by January 30, 1991,
render an accounting of the receipt and disbursement of all funds
it received during FY 1991-92 to the secretary of the department,
pursuant to section 186.505 (a), Florida Statutes. The locai
government shall fulfill this requirement by Providing the
department with a copy of an annual financial audit report which
meets the requirements of Sections 11.45 and 216.]49, Florida
Statutes, and section 10.550, Ru 1es of the Auditor General. TRe
quart report shall include a schedule of financial assistance
specifically identifying all contract and grant revenue by
sponsoring agency and contract number. The local government
shall also provide the department with copies of all [elated
management letters and the local government's response to all
shall encompass the additional activities necessary to establish
compliance with the Single Audit Act of 19 P.L. 98-502, 71
applicable federal law. If applicable, the auditor's opinion
must cite that the audit complied with the provisions of OMH
29. ion of Part II. Either party may request
modification of the provisions of Part II of this agreement.
correspondence signed by the parties and incorporated as part of
this agreement.
This agreement contains all the terms and conditions agreed
to by Che parties.
>~
STATE
DEPARTMENT OF
SN AE. CITY OF LONGWOOD )
COMPREHENSIVE PLAN )
ADOPTED BY )
ORDINANCE N 1019 )
ON Coly 20, 1992 )
Statement of Intent to £ind the Comprehensive Plan of the City of
Longwood, adopted Dy Ordinance No. 1039 on July 20, 3992, Not In
Compl is nce based upon the Objections, Recomendailons and Cor=,ents
plan, as adopted, which were no previously reviewed by th=_
Depaitneni. The De pa rtnent finds that the plan vs no. 1n
co^~plianee," as defined in Cecxion 163.3194(1)(bJ, Flo: ida S.a _v.e_
(F. C.), pecavse it is noY cons is ie r.t ~itD Sectron 163.31 F.C.,
the State Corpr ehensive Plan, the Ea s[ Central Fl cri da
Comprehensive Regional Policy P_an, and Chapter 9S- Flcr!da
Adrinistrative Code )F. A.C.), for the following reasons.
2. OPTZON F_OL'ZF SV Ei:"5
A. i ~ The in~o..sa stmt Frcvisio~. c.
the plan uncle: this suDje<Y heading is as foll o'. s:
3. The a on ordinance for tn._ cixy of x.ongwooa re. e._ xc
Compre he e:e!ve Plan A...e n..-._nts, i.s r_=_ndices and the Future :.e^d
use Plan E. _-._n._, a_t acns9 b_re_o ana inc orpmr a!ed any a ~ e_
reference as s:xnibit i. Tne re~iaw aotwmencs ao not conta,n
anything iae nt if ied as Exhibit 3, making it impossible io identify
what pares of the City's plan were atloptea. Rules 9J-S. OO<,
5J-5.005 (1)(c), 9J-5.0o5(1)(c)5., 9J-5.005(6), 9J- 5,
9J-5.006(.), 9J-S.DO>(a), 9J-5. 014 i~)(c), 9J-5.016(5) and (5).,
8. ended r nedial a This i sisiency may be
zemeaied by to king the fel lowing action:
1. Revise ene adoption ordinance to clear iy identify tnese
poztiens cf the City's plan wDf ch are adopted. Tne following it e...s
are requ irea to be adopted puzs uant to Rule 9J-s. DD$(1)(C), F. F.. C.:
Goals, Objeciives and Folic ie s, Con currency N.a nagement Syster.,
Fwc~-e r,ana use r.ap series, Fac~re araffic cira ia:i on .t,
Re 3'_ize-gents for CaF-cal I-.F-ove rents I-ple-~entaticn, h copy o- the
depicted F:thin generaliaed servace area boundaries, on .he Fetvre
land Use Y.ap Se rles (9J-5.01<(R)(c), F-A.C.). Pules 5J-
5.005 (I)(c)5., 9J-S.OCS(E), 9J-5.005(Jj, cJ-S.o0~5, .J-S. coE(4),
sJ0-5.0;: (27 (c), 9J-5.016 (C) and (s), F. x. c.
A. $~siste-t o 1__ _ Tne rn__ns_s.s nt p. ov isic-s r_
tF.e pian un-s. t..rs =_u bj ect neadn3 a-e as fello~: s:
1. Cencv..ency Sr GI =_-.e ntatl on and Non_. o-ing Sy Stec. It.=-.s
I.C. and I.F. (Fa9e ?-67 Mnich ellcw b'_i ]ding permits to be is_~__
if aamq~ate mapacicy for drainage, eraf tic circulaaion ana
recrea tlon facilities will De available "rn the-same fiscal year
as the issuance of the certificate of occupancy"~ a e inconsistent
with Rules 9J-S.DO55(2)(a7, (b) and (c), F. A:(.". ;
2. Item III.A. (page I-B) vhi ch states that the lava
development iegulafions will "provide for tTe c ncy revae~ of
applications for Chose types of development girders that would
impact tTe adcp[ed Levels Df Se rvlce is anconsi stmt with Rule
9J-5.0055, F.A.C., vDicD require chat all development undergo a
concurrency determination prior to the assua n.,e of developrent
order and de'+e]opment pe rx.i t. Rule SJ-5.0055, F:A. C.
8. Recommended r medial a These incons is .encie- Day
be remedied by taking the fDllo4'i ng actiDns.
I. Re. iee the sectrona I. c. ana I.F. rn the eon..urrency
Inple~=_-.cation ana rconitori g svete-~ tD be c_neie..en- 4ith A.:laa
9J-5.0055(2)(a7, (b) and (c), F.A.C. For Drai ,e facilities, t..e
c oncur. ency requirer.enx may only be satisfied througD tTe std n_____
provided for in 9J-5.0055 (3)(a71-<, F.A.C. For Parks a....
Recr ea:i cn, the cone ~. rency requirement may be satisf iea thr ou g.^.
the s,.a nda rds provided for 1n SJ-s.C055 (2)(a)1-<.,
9J-5.OG55(I)(b)3., and ~., F.A.C. For roads Che concuz. a-.sy'
requir e-ant mey De satisfied thr ugh the standards provided fcr _i
9J-5.005 (27 (a)1-4., 9]-S.OO55(2)~b)1., 2., and 9J-5.OO55(2)Ic)~~
F.A.C. IL the er.-_a flexibility std n9 ards fcr roads provides fcr
1n .te r. 9]-.. LO-5 (2)(c), F.A.C., a-e c.._sen by t.,e C1ty, Fro~'i s_o-_
must ne incmaea in the aaopnea plan ~nicn ensure tnat all of the
2. Revise Item III.A. (page I-8) consistent vita 9J-5.0055,
F.A.C., tD require all development to undergo a irency
tleterminaiion prior io Yne issuance of a level opvent order and
aevelopve nt pe rro ix. -
III.
A. Inc ovisi The incon eni provl5ions of
the plan under this subject heading are as follows:
Policy V. A. (page VS-6) vnicn states tb_at "these service
level standards shall apply Lo all new development an3
redevelopment proposals, per City tlefinition" is Inconsistent wit..
9J-5.005(3) and 9J-5.OO55, F.A.C., which do not all ov for a i
exemptions, exceptions ez thres.^.o lds in the utilization of level o.
se.vlce s.a r.dards to detezni ne facility capacity and rake
concurrency determinations. Rules SJ-S.OOi(I) and 9J-5.005., F.F.C.
2. Policy V.F. (pa oe VI-6) ~ni ch alloys an excepti Dn to the
drainage level of service standard for resitle nt ial infill
the land develop_ent code" is inco..s isten- with 9J-$.Dll(l)(c)2.C.
and 5J-5.oD55, F.A.C., which do noC all DV for any eae-p:icns,
exceptions Dr thre =_holds in the utilization of level of se. v_ce
stanaards to aetercine facia ity capacity and make concu_rer c}
Teter-inaticns. Policy v.A. refers to the standares in c..
1~-25.025, F._., but does no.. s.a _e that any e>. -~ ons, ex- r .-~-
or LnresnDlas in theta citations, incluainq projects eize
tnre molds, ere not applicable. In addition, Policy ISI.A. (page
IX-6) the drainage level of service standard c ained 1n the
Capital I¢pz ovements element is inconsiste itn Policy V. A. in
the Inf ras: ructure elemant because it does not inclutle the 4a.er
quality and quantity stanaazas. Rules ~9J-5.0055 end 9]-
5. 011(2)(c)2.c., F.A.C.
]. Policy I-8 (page II-2) u.'n icD all DVS a 15 percent decrease
an traffic volumes Dr a 3 m.p.h. decrease n travel speed on
des ig na ied Da^_kloggea facilities U. s. 1]-92 and State Roaa <3< as
inconsistent Vitn FDOT guidelines vnicn permit pn ly a s percent
decrease in traffic volume or a 1 s.p.n. decrease in travel speed.
Policy I-3 does not clearly identify the backlogged segments Df
S.R. L3< and V.S. 17-92 or their existing level of service vo lu-:e.
~ In additi cn, Policy III.A. in the Capital Irprov e:nen[s ele-.ent i_
not consistent vita Policy I-B be ca a=_e it does not incluae a i
inf DrmaCion regarding the backlogged £acilities. Rule 5--
S.ODI(1)(<(3., F.A.C.
e. e,aea r ial a xnese inconsisiencie_ m.ay
be remedied by taking the fo1lDV ing actions:
1. Rev-se Policy V.A. to De consistent 4.tn 9J-..D05(3( any
9J-5.00.5 Dy dele:i nq the phrase "per city def ir.it!on".
2. Revise Policy V.F. tD De cons isteni ~_:b
9J-5.031 (2)(c72. c. ana SJ-s.D055, F.A.C., by del eiinq tDe exce p:: e-.
Co ibe drainage level of service standard. Revise the tlr__. _-e
r level Df service standard L'r rev isinq the policy to state Chat a i
exemptions, exceptions or tnresnolas in inese oitations, innleaing
Policy V.A. in the Infrastructure elese nC, rev a Policy III.A. in
the capital Im.proyemenYS element to provide a istent-tlra ir.a oe
level of service stanaara.
J. Revise Policr I-H consistent itT'fDOT guidelines fo
allow only a 5 percent decrease in traffic volumes or a 1 m.p.h.
decrease in travel speed. Inclvtle a list of Da cklogg ea facility
segnents fox both 5_R. <3< and U,S. 1]-91 and their existing level
of se a and the maximum volume that will b intainetl by the
City. AYter revising policy I-B to De consi ent with the FDOT
guidelines, rev-se Policy III-A to De consistent with the
provisions in level of service s.a ndara contained in the Traffic
Circulation eler.ent.
IV. ? PESOt~CES
A. InconsisterT 1 1 The incon_as .er
ehe plan under this suEject heading are as follows
- designation cn the FuYUre Land Use Map (pages III-<8 - IZI-50) do
nce ensure the protection and cons e. vation of env iren..e nta 111
sensit _~e a. e_s because they do not contain a specific aensity c.
ir.ensity standard for aevelopmene x~i ch Mould be pern.i tied ir. tie
areas. In addition, inese policies do not <pecify ine tlpes c.
uses wh_ch would De perr.itted in these areas. Rules ._-
r 5.006 (J)(c)E., ?]-S.c13 (2~(c)J. and 6., F. P.. c.
z. xne Future nana Use nap apes noa aaequate ly protecn ana
=onsar~e natural raso~r=es becaoaa ercral, inaasirial ana
maaius aensity reaiaem ial (s-rz onrts/a=re) ae.~elopma~c as
aesiynatea aalacent xo yetlanas yitnout planning =ontrols ynich
impa=sea. rules 9a-s,DOe
3. Fol icy I.D (page V-3) in the ConservaY n Element apes
not ensure the =onser~at,on ana protection of en~,ronmentally
sens,ta~e areas be=apse ri siaies only inax ine ciiv "anall
consider" iopographic, hydiol og i< and vegetative. c er factors in
the sate plan tevle: process. In addition, Policies I.D. and~Il.A.
(page V-5) do not ensure to protection and copse. vatrcn of
envaroventally Sens it zve areas De cause trey refer to der,s_ty
bonuses, clustering, required open space, setbacks and bcffer a.eas
which will be Frovidea in the land de veloprent requlati ons Dom. coes
not specify the specific guidelines asso.iztea with these
tecnniaues. Rules 9S-S.o06(Jj (c)6., 9J-5.01J (~)(c)3. an9 6.,
F.A.C.
B. Reco^-e~dad r medial acts TTese inconsastenc~es ray
be re-.e died ty taking [he folloy:ng actions:
1. Revise these policies eo Include the types of u_es ti.._c..
~'i 11 be alloyed an Yne Conser vatron Overlay tlistrict an9 t..e
densities ana in.e.._iiy of uses associated uith ih ose uses.
2. Rev_s_ the Future Lana tse Nap t provide a --e
r pzotection to pat u: al resources by res .. rctang indu=_trial =...
conmer<aal ae~elopment wrtnan ~etlanas ana ny establishing
ze sidential densities sufficiently lov to maintain the natural
function of t1:e velands. Additionally, include-planning con.ro is
advezsely De impacted.
3. Revise Policy I.D. Yo ensure the protection and
conservata on of envaronnentally se nsairve areas Dy deleting the
phrase "shall consider". In addition, revrse both policy I.D. ana
II.A. to include the specific guidelines the City will require '. o_
the density bonuses, clustering, required open space, setba cYS and
Duffer' areas io ensure the pi otectlon se[vatlon o.
envaron..enna ur sensauve areas.
v. w: r.~ T - -
~ A. Fnoo~=iron a _ Tne mtonarstenc pro.~i sions o.
the plan under this satject heading are as fell ov s:
I. The adopted o _: evens ire plan is anconaascanc ~i ir. ire
state comprehensive Flan goals ana peli<ies, lncluainc t..e
£olloving provisions (Rule 9]-5.021, F.A. C.):
a) Goal 10 (Natural Systecs ana Recreational tones);
b) Foli ci es 1, and 6,
c7 Goal 20 (Transport atlon);
a) Polisy 9
B. - - aedr ~=_1 a en These in..ens152enc.e. .. ,.
be rere..iea ty to Y.i ng the follo~. ing actrens.
~' 1. Aevise the c M1ens-ve plan is and ude spsc!:i=,
measurable objectives 'and implementing policies, supported by
adequate data and analysis, that Further the aDOVe-referenced goals
and po!i<ies of the State Comprehensive Plan.
VI. 0 1 A C _
POLI CV P
A. Incon s The inconsv : provisions o.
the plan under this subject hea ding are as foil ovs:
1. The adopted coaprehe nsive plan is inconsistent with the
East Central Florida Comp: ehensive Regional Policy Plans goals and
policies, including the following provisions (Rule 5J-5. o1 i,
aj Policies 93.1, <3.J, S1.6 and 9I.1J (Proiect ion of
M1atural Systems); '
b) Policy 58.1 (M1atural Resources Preservation),
c~ Po_ieies 60.11, Eo.1s ana 60.15 (Planning ro: P„blic
facilities);
d) Policy 6<.1 (Tra ns porta[ion to Aid 5r ou2h M.a naSe-~nt)
B. ftec om_^~ended r medial a do These inconsisten.ies c.ay
be reme3iea by taY.ing the following actions.
1. Revise the corprehe nsive plan to include specific,
c.e asurable objectives and imp]ementing policies, uopo-tea ty
aae cu ate data and ana!ysas, that fu:Ther the above ref e: e-,ce'.
policies cf the East Central Florida Ccvp: ehensive Regi coal Po:ic)'
Flan.
a. xhe plan is not consistent ~itn the rest central Flo: iaa
Compzen ensive Regional Policy Plan.
2. The plan is not consistent ,+ith ine State ComDrehe nsive
Plan.
3. Tne plan is not cons lstent with ChapteY 95-5, F.A.C.
a. The plan as not cons ascent with the regv irecents of
Section 36].]17], F.S.
5. The plan 1s not 1n cotpliance, ~~ es defined an Se ct lon
36].316<(1)(b)~ F.S.
6. In order io bring the plan into cocpliance, the City ma}
.,omplete the iecor.._e nded ie_~edial actions described above or adoFY
other reaeaial actions that elicinate the anconsastenc des.
}4
Executed this L~day of Septecber, 1993, at Tallahassee,
Florida.
~,/ .~~ ~~
Charles P
Division Drec[or
Division of Res c'_rce Pla nnin?
and ManageaenC
n Centerview' Drive
Tallahassee. Florid=_ 33399
,mnTES:
~. 3_,ea Drys are aaaeae~ wo=as a=e~aa~m= ai~~a r t
~_ -- sed an Dack-up m erial o DCA, the Ci[y of
ongwootl will label athe comprehensive plan and support
document "Exhibit 1."
II.H.1 -- Delete the e ing Policies I and i.F. (page I-6 and
I-]) and reply e with a new Policy I.C.:
For drainage Facilities, the fallowing standards will be met to
satisfy the concurrency requirement:
1. The n sary facilities and/or s are in place at
the trme ardevelopment permit is rssuetlVror
2. The ity a a development permit subject t the
ondition that theun sary £acilities and/or will
be in place when theaimpacts of the developmentsocc , r
3. The n nary facilities are under construction at the
~^ time a permit rs rssued; or
The n sary s and/or Facilities a e guaranteetl i
en£or eable development agreement thae satisfies the
provisions of Chapter 9J-5.0055(2)(a)I-3.
park and eation £acilities and Dads, the ncy
requi may be m througR application of atandartle ~-9 and in
additionestandazds Se5 below:
5. At the time the development permit ved, the
ary £acilities and s the subject oESa binding
ted c whim provides for the c o£ the
tofc the required facilities o mt he cpro of
hrn on year of rssuance of the development
pe rmite6or
Tne n ary s and/or facilities a e guaranteed i.
enforceable development agreement which requires the
of ual of £acilities o the
provisions of s thin ones year of assuance of the
applicable development permit.
~; -- Revise Policy III.A. (p. I-B) as follows:
vide for the of applications for CHeee a~ types of
development orae rs sv
I_i y,.p~ -- Revrse Policy v.A. (p. vi-s-6) as follows:
.These service level standards shall pply t all n w development
r and redevelopment proposal s_ €a~ ...
-- Revrse Policy V. A. (p. VI-5-6) as follows:
ameaaeA-. Inf ill sid develo m ithin ved
sidenti b i i t'n the adUrt o£
tors rehen ola~ that tlevelopme
noft will n r~e x -; ollntaatanwnitn w
he r no£f from the e subdivision to decrade
ini bod es th he ualit
red b Cnnco
e tare sho lds i these c ncl udin
thresholds o applicable
-- Revrse eo licy III. A. (p, ix-6) as follows:
..development and redevelopment a Inf ill r sidential
r dev itnin yea aia ~ciai e sub ioision
one aao t of enia rene~sive
ntnac re t sous o storm off will n ribnte
sollutants which will c the r noff from the e v d
subdivision to tle siatle i ceivi r bodies i
ith the w ualit tls redib Ch.
ds these 3o
thresholds a pliable.
i~y.,.@,.d -- (Resolved per 5/3/93 Eacke r-to-Wells letter. No further
' actron required.)
vB.1 -- Under Land Use Objective vI (p. III-7 ), add a policy as
follows:
The r 1 a 1 all wetlands
identifies ral'zed W and T the L ood
rehensi~e Plan cif is all mown o
ood etlantls 1 be ailable for r ublic
of a
ardina the e t location of wetlands the aaoolicable wetlands
shall be i ted t etland that shall fall unde=tlye
~` isaintiofa of erne u s.~nA cUr s of e the eloriaa
n he St Sohns Rrv
2
ne etlana
thereo£ awhich the blaroest
shall be r znD i t e it the w ands bounds
Replace Conse ivation Polity I.G. (p. V-9) with the _
following language:
Tne r of cnia sencion shall a 1 all w ~
iaaneifiea o cenerauzea watlana cne L ooa
Comprehensive Plan e soe:3j3 sally shown the Ci tv of
ood etlands that shall be ailable Eor ublic
a dii. the e t location of wetlands the a lic able w ds
sR be ted t etlantl that shall fall unde
Jn- e o£ etne U 5 anA Cor of E the F ' da
o f E tal R alati nthe eE ,loans i~,_p
rrDistrict. e The on etlantl bossndar
shal lr be r ed bonthe C the w b
uch a re hereby tlesignated as conservat ron areas.
-- Under Land Use Objective VI (p. III-7), add a policy as
follows:
Certain activ't'es m be autho ized i etlantl a sub'ect
the r r of Polic the C eElement.
-- Revise Conservatron Policy I.H. (p. V-4) as Follows:
ails. Author of i acts shall be
oraa~~e w ne ran a rnaer's mn etlana
shall t be a oitletl if a ~al alternativ
2m Emer e foz thel
hea wheress
mak'n ails o'lat
h 11 bo L1 z d Sf g}~e pat~_g e£P Utes e t_a G¢}_f
h d d h etl and impac
de rtaken b fetleral t al and cal
ncl
endant a t b1
undertaken c ordance of rtneie
n lacc d'ct pal aut ^o ritvu
H.1 -- (Resolves per 5/3/93 Eacker-to-Wells letter. No further
action iequi red.)
-- Establish a new Policy i..I. (p. V-5) as follows:
w develo m shall rncl ud etlantl Duffsr of t Feet
and the o£ a t n s.
Iv.e.3 -- Aevz se eolicy i. D. (p. V-3) as fol.]ows:
xhe city of Iongwooa~s site Dlan r mnall eeBSiae[
lode a nalvsis of topograph is eVhydzolog ics vegetative
cover facto[s
LV @.3 -- Revrsed Policy I.D.J (p. v-3) as follows:
Allow density bonuses of uo to to&, clustering with at least 5
other vative ing techniques '~p[~ser-k
that r salt i nthe vation of native vegetative communities.
-- Revise Policy II.A (p. v-5) as follows:
where alteration o the floodplain P s likely,
regulations will provide for mitigation m nclude
deceased densities t minimum oP r nsfer of d ides
side of floodolain a clusteringanor prohibition of certain
types of development within floodplains t ould r salt in the
loss of ir[ep laceable floodolain functi onsna The regulations shall
and VI.B.I -- Resolved througT settlement of the above i<ems