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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