Hi All,
Copied below please find my correspondence with Wyatt Daltry, Planner, Department of Community Development, City of Cape Coral. I hope you find this helpful as we move forward.
Please note....Question #4 - Opposition letters -. If you plan to write a letter. Please use the address to Answer #4 in your salutation but mail to me at my office or home. I will make a copy of each one, wait until I receive 50, then deliver to City Hall in person so I can get a receipt. Please be sure to have each person in your household write a separate letter.
Mary,
1) How does the application process work (step by step in layman's
terms)?
2) Date of all scheduled P & Z meetings when this property will be discussed?
3) Water, sewer, drainage, street flooding and traffic issue. Will that
be researched by the city staff?
4) To whom do we mail or email opposition letters?
5) Any additional information you may deem helpful in understanding the
process.
Here are the answers to your questions:
1.) The application process for the land use change is a long and
involved process, particularly since this is referred to as a
large-scale land use amendment (over 10 acres), which requires greater
State review than a normal "small-scale" land use amendment, and
involves 2 sets of public hearings. I have also involved the State
review process for this large-scale process.
- First, the City receives the amendment application package,
and determines whether it is complete.
- If the package is complete, then the application is copied and
routed to various City review agencies, such as Planning, Engineering,
Transportation, Survey, etc.
- The various City review agencies review and comment. Planning
Division is the lead agency, and develops a case report, which
encompasses Staff's recommendations and makes a recommendation
(Usually "Approval" or "Denial") to the public hearing bodies, which
would be the Planning and Zoning Commission/Local Planning Agency
and the City Council. As this is a large-scale amendment, our
recommendation for the first set of public hearings will be
"Transmittal" or "Denial of Transmittal".
- Upon completion of Staff's recommendations, the City
Attorney's office develops an ordinance, identifies a Council sponsor of
the ordinance, and sets public hearing dates in cooperation with
Planning and Zoning staff.
- Public Notice is mailed to property owners within 300 feet of
the subject property, states both P&Z and Council meeting dates for the
transmittal hearings. A display ad is published in the Cape Coral
Daily Breeze no less than 10 days before the public hearing for the
Planning and Zoning Commission.
- Planning and Zoning Commission public hearing, makes
recommendation to Council as to whether the amendment should be
transmitted to the State for their review.
- Display ad is published in Cape Coral Daily Breeze no less
than 10 days before the public hearing for City Council.
- City Council public hearing, makes decision as to whether the
amendment will be transmitted to the State for their review. If Council
opts not to transmit the amendment to the State, the amendment is
effectively denied.
*NOTE* For a small-scale amendment, this is where the City process
would end (though the language would be "adoption" or "denial" instead
of "transmit"). For now, I will continue as though the case was
transmitted. *END NOTE*
- If transmitted, City staff develop an information package
("Transmittal package") including the case report, case maps, cover
letter, etc. and send it to 7 State and Regional agencies, who have a
60-day review period.
- At the end of the 60-day review period, the lead State review
agency - the Department of Community Affairs (DCA) developed an
"Objections, Recommendations, and Comments (ORC) report, which
identifies shortcomings and issues, if any, that these state and
regional agencies have identified. This report is mailed to the
City, who has 60 days to respond by a.) Adopting the amendments as
transmitted, b.) Adopting the amendment, but in a modified form through
the ORC comments, or c.) Not adopting the amendment.
- So, within 120 days after the State received the City's
transmittal, the City must undertake another public hearing process,
this time to adopt or deny the amendments.
- Public Notice is mailed to property owners within 300 feet of
the subject property, states both P&Z and Council meeting dates for the
adoption hearings. A display ad is published in the Cape Coral
Daily Breeze no less than 10 days before the public hearing for the
Planning and Zoning Commission.
- Planning and Zoning Commission public hearing, makes
recommendation to Council as to whether the amendment should be adopted.
- Display ad is published in Cape Coral Daily Breeze no less
than 10 days before the public hearing for City Council.
- City Council public hearing, makes decision as to whether the
amendment will be adopted or denied.
- If any amendments are adopted, City staff develop an
information package ("adoption package") including the case report, case
maps, cover letter, ordinances, etc. and send it to the state and
regional agencies, along with a formal response letter to the ORC
report. These agencies would be notified in any transmitted cases
were denied by Council, and they perform one last review to ensure that
their ORC comments were followed-through and that no other changes
were made.
- If these amendments are found to be compliant with the City's
Comprehensive Plan, then DCA develops a "Notice of Intent" statement,
finding the amendments in compliance. Upon posting of the NoI,
interested parties may appeal with 21 days of posting - if there are no
appeals, the amendments are effectuated.
2.) We don't know yet, since we are not anywhere near the public
hearing stage. This amendment will be part of a larger "window" of
large-scale amendments, of which there may be 15 or so cases. We may
know by August - we are anticipating a transmittal public hearing set in
November/December 2007.
3.) As this is a land use amendment, we are reviewing whether it is
appropriate to have Mixed Use development on the subject property.
Therefore, issues such as drainage, parking, etc. wouldn't necessarily
be reviewed since that is more of a site plan issue. However, issues
like water and sewer (i.e. "Do we have enough capacity?" "What kind of
upgrades are needed for this area?") and transportation ("Can the
existing road network handle the traffic estimated to be generated by
the amendment?" "Is this overly intrusive to a largely residential
neighborhood?") are legitimate concerns that will be discussed at this
stage.
4.) Mail your opposition letters to the Department of Community
Development. The mailing address is:
City of Cape Coral
Department of Community Development
P.O. Box 150027
Cape Coral, FL 33915-0027
5.) I think we hit most of those points in #1. I would say though,
that this land use amendment stage is used to determine the most
appropriate use or type of uses for the property. Therefore, we are
discussing whether Mixed Use is appropriate. We are not discussing
end-users -- for example, it wouldn't and shouldn't matter whether Saks
5th Avenue is a end-user of the eventual development or whether it's a
Kiwanis. It shouldn't matter whether some fast-food restaurant is a
vendor, or some ritzy French place. Doesn't matter if its apartments or
condos or town homes. In fact, drawings and sketchings of the possible
development, while helpful, are NOT set in stone at this stage.
However, if you have any other questions, feel free to contact me -
which is best done by email.
Wyatt Daltry, AICP
Planner III
Department of Community Development
City of Cape Coral
wdaltry@capecoral.net
(239) 573-3160 (phone)
(239) 574-0594 (fax)
