2011-01 Comp Plan EAR adoptionRESOLUTION NO. 11 -01
A RESOLUTION OF THE CITY OF OKEECHOBEE,
OKEECHOBEE COUNTY, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT (EAR) OF THE
CITY OF OKEECHOBEE COMPREHENSIVE PLAN;
STATING THE INTENT OF THE CITY COUNCIL TO AMEND
THE COMPREHENSIVE PLAN BASED UPON
RECOMMENDATIONS CONTAINED IN THE REPORT; AND
APPROVING THE REPORT IN ACCORDANCE WITH
SECTION 163.3191, FLORIDA STATUTES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, the City of Okeechobee, Florida adopted its Comprehensive Plan by
Ordinance on March 19, 1991; and
WHEREAS, Section 163.3191, Florida Statutes directs the City to periodically assess the
success or failure of the adopted Plan, to adequately address changing conditions,
identify major issues of concern and propose changes to amend and update the
Plan; and
WHEREAS, Section 163.3191, Florida Statutes directs the City to adopt needed
amendments to ensure that the Plan provides appropriate Policy guidance for
growth and development; and
WHEREAS, the Local Planning Agency (LPA), has reviewed the Evaluation and Appraisal
Report and provided for public participation at its workshop on May 20, 2010, the
City Council hearing on September 14, 2010, provided for public participation, and
transmittal to the Department of Community Affairs for review; and
WHEREAS, the Department of Community Affairs has reviewed the City's proposed EAR
and made their recommendations; and
WHEREAS, on January 4, 2011, City Council held an advertised public hearing to adopt
the EAR, and provided for comments and public participation in the process in
accordance with the requirements of State law.
NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
Section 1. City Council of the City of Okeechobee, Florida hereby adopts the
Evaluation and Appraisal Report (EAR) of the Comprehensive Plan,
which consists of the pages identified as Exhibit "A" and attached
hereto.
Section 2. City Council hereby states its intention to amend the City of
Okeechobee Comprehensive Plan in accordance with the
recommendations contained in the Evaluation and Appraisal Report.
Resolution No. 11 -01 Page 1 of 105
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 4. This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 4th day of January, 2011.
aa
James E. Kirk, Mayor
ATTEST:
Lane amiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
o n Cook, City Attorney
Resolution No. 11 -01 Page 2 of 105
Attachment: Exhibit "A"
Evaluation and Appraisal Report of the Comprehensive Plan
r
Evaluation
andAppraisat
Report
Resolution No. 11 -01 Page 3 of 105
2010
Adopted January 4, 2011
Resolution No. 11 -01
Evaluation and Appraisal Report
City of Okeechobee, Florida
55 SE Third Avenue
Okeechobee, Florida 34974
Adopted January 4, 2011
Planning
Management Services, Inc,
1375 Jackson Street, Suite 206
Fort Myers, Florida
239 -334. 336(;
Serving Florida Local Governments Since 1988
Resolution No. 11 -01 Page 4 of 105
Table of Contents
Section 1: Community -Wide Assessment
Introduction 1 -1
Executive Summary 1 -1
Purpose of the EAR 1 -1
Preparing the EAR 1 -2
Table 1.1: Evaluation and Appraisal Report Adoption Schedule 1 -3
Adoption of EAR -based Amendments 1 -4
Intent of the EAR Report 1 -4
Organization of the EAR Report 1 -4
Profile of the City 1 -5
Figure 1 -1: General Location Map 1 -5
Population Analysis 1 -6
Table 1.2: Peak Population Forecast 1 -6
Land Use Analysis 1 -7
Changes in Land Area and Land Use 1 -7
Table 1.3: Existing Land Use 2009 1 -7
Location of Existing Development In
Relation to Development Anticipated in the Original Plan 1 -7
Extent of Vacant and Undeveloped Land 1 -7
Table 1.4: Comprehensive Plan Amendments, 2001 to 2009 1 -8
Figure 1 -1 Existing Land Use Map 1 -10
Financial Feasibility of Providing Needed Infrastructure 1 -11
Sanitary Sewer Potable Water 1 -11
Table 1.5: WTP and WWTP Capacities 1 -11
Table 1.6: Projected Water and Sewer Demand, City of Okeechobee 1 -11
Adequacy of Water Supply 1 -11
Solid Waste 1 -12
Table 1.7: Solid Waste Generation Table, 2011 -2021 1 -12
Drainage 1 -12
Traffic Circulation 1 -12
Table 1.8: 2008 Annual Average Daily Traffic Report 1 -13
Recreation and Open Space 1 -14
Table 1.9: Existing Recreational Sites And Facilities 1 -14
Table 1.10: Projected Recreational Needs, 2011 -2021 1 -14
School Coordination 1 -14
Financial Feasibility of Providing Adequate Facilities and Services 1 -15
Assessment of Successes and Shortcomings of the Elements 1 -15
Future Land Use Element 1 -15
Traffic Circulation Element I -15a
Housing Element 1 -16
Sanitary Sewer, Solid Waste, Drainage,
Potable Water and Natural Groundwater Aquifer Recharge Element 1 -17
Conservation Element 1 -17
Recreation and Open Space Element 1 -17
Intergovernmental Coordination Element 1 -18
Public School Facilities Element 1 -18
Resolution No. 11 -01 Page 5 of 105
Capital Improvements Element 1 -19
Compliance with Growth Management Laws 1 -19
Preserving Public Access to Florida's Waterways 1 -19
School Concurrency Planning 1 -19
Coastal High Hazard Areas 1 -19
Coordination of Land Use and Water Supply Planning 1 -19
State Comprehensive Plan 1 -19
Chapter 163, Florida Statutes 1 -20
Rule 91 -5, Florida Administrative Code 1 -20
Strategic Regional Policy Plan for Southwest Florida 1 -20
Other State Mandated Requirements 1 -20
Public Participation Summary 1 -21
Section 2: Major Issues
Identification of Major Issues 11 -1
Assessment of Major Issues and Plan Objectives 11 -1
Evaluation of Issues of Major Concerns 11 -2
Major Issue 1: 11 -2
Issue Description and Analysis 11 -2
Distribution of Commercial Lands 11 -2
Map 11 -1.1: Future Land Use in Commercial Corridor Map 11 -3
Map 11 -1.2: Zoning in Commercial Corridor Map 11 -4
Effects of the proposal 11 -5
Table 1.1: Lands Designated Commercial on FLUM City -Wide, 2009 11 -5
Table 1.2: Commercial Corridor Characteristics 11 -5
Table 1.3: Characteristics of Commercial Corridor 11 -6
Social, Economic and Environmental Impacts 11 -6
Identification of Comprehensive Plan Elements Impacted 11 -6
Recommendations 11-6
Major Issue 2: 11 -8
Issue Description and Analysis 11 -8
Social, Economic and Environmental Impacts 11 -8
Identification of Comprehensive Plan Elements Impacted 11 -8
Recommendations 11 -9
Table 2.1: City FLUM and Zoning Conflicts 11 -10
Map II -2.1: Future Land Use Map Showing Zoning Conflicts 11 -11
Map 11 -2.2: Zoning Map Showing Conflicts with FLUM 11 -12
Major Issue 3: 11 -13
Issue Description and Analysis 11 -13
Social, Economic and Environmental Impacts 11 -13
Identification of Comprehensive Plan Elements Impacted 11 -14
Recommendations 11 -15
Major Issue 4: 11 -16
Issue Description and Analysis 11 -16
Figure 4.1: CombinedMain Street LPA and DTA Boundaries 11 -18
Social, Economic and Environmental Impacts 11 -19
Resolution No. 11 -01 Page 6 of 105
Identification of Comprehensive Plan Elements Impacted 11-19
Recommendations
11-20
Major Issue 5•
11-21
Issue Description and Analysis 11-21
Social, Economic and Environmental Impacts 11-21
Identification of Comprehensive Plan Elements Impacted 11-22
Recommendations
11-22
Section 3: Recommendations
1. Recommended Comprehensive Plan Amendments Based on Issues of Major Concern III -1
2. Recommended Comprehensive Plan Amendments Based on Changes to State Law 111-3
3. Other Changes
111-5
Appendices
Appendix A: Changes to Chapter 163, FS A -1
Appendix B: Changes to Rule 9J -5 A -39
Resolution No. 11 -01 Page 7 of 105
Introduction
Executive Summary
The purpose of the Evaluation and Appraisal Report
(EAR) is to provide a summary analysis of the
successes and failures of the Comprehensive Plan
(Plan), to identify major issues of concern, and to
identify proposed changes to amend and update
the Plan. The Plan was evaluated through the
collaboration of City staff, state agencies, other
units of government, and the general public. Local
issues were identified during the evaluation
process, some of which are new and some of which
already are being addressed under existing policies
and programs.
The original Plan was adopted in 1991 with
subsequent Amendments in September 2000,
February 2007, August 2008, and March 2009.
Implementation of the Plan has been generally
successful although some programs and policies
have not been implemented. On -going
implementation of the Plan is proceeding and most
of the programs will eventually be implemented.
The EAR process will result in an improved Plan to
guide the City's growth through 2021.
The entire Plan will be updated with the best
available data and analysis and will be edited to
ensure accuracy and consistency. Goals, Objectives,
and Policies will be updated to reflect new
information but major policy revisions are not
expected except as otherwise noted in this report.
Some policies and programs will be revised with
more achievable implementation time frames.
When completed, the EAR -based Comprehensive
Plan will accommodate growth while maintaining
the quality of life in the City.
The EAR identifies five major issues that the City will
address. Each issue and proposed actions are briefly
summarized below.
Community -wide Assessment
Resolution No. 11 -01 Page 8 of 105
Major Issue 1: Need to provide for a transition
from residential use to
commercial use in certain areas
of the City.
Major Issue 2: The need to eliminate
inconsistencies between the
Official Zoning Map and the
Future Land Use Map (FLUM).
Major Issue 3: The need to re- examine the
Taylor Creek area and related
Plan Policies in order to allow
development that will not
degrade water quality in the
Creek.
Major Issue 4: The need to
compatible and
urban design.
establish
consistent
Major Issue 5: The need to emphasize
pedestrian connectivity and
establish streetscape standards
within the City.
Purpose of the EAR
The City of Okeechobee's Comprehensive Plan is
designed to provide certainty in the development of
the City. Responses to change come through
amendments to the Comprehensive Plan, by
revisions made to methods of implementation, and
through periodic evaluation of the Plan.
An EAR serves as an audit of progress and problems
in achieving the development Goals of the City.
The EAR is the first step in updating the
Comprehensive Plan. Using requirements set forth
in Chapter 163 of the Florida Statutes, the EAR must
accomplish the following Goals:
I -1
1. Identify major issues for the City;
2. Review past actions of the City in
implementing the Plan;
3. Assess the degree to which Plan Objectives
have been achieved;
4. Assess both successes and shortcomings of
the Plan;
5. Identify ways that the Plan should be
changed; and
6. Respond to changing conditions and trends
affecting the City.
7. Respond to the need for new data.
8. Respond to changes in State requirements
regarding growth management and
development.
9. Respond to changes in regional plans.
10. Ensure effective intergovernmental
coordination.
Preparing the EAR
The EAR process is divided into two primary
components: (1) an assessment of the
implementation since the Plan was last updated,
and (2) identification and assessment of locally
important issues. By conducting public workshops,
the City has identified five locally important issues.
The current Comprehensive Plan of Okeechobee
includes a wide variety of policies used to regulate
and guide development throughout the City. The
EAR provides an analysis of all Plan related data to
determine if the City is achieving its Goals and
Objectives set forth in the Plan. As a requirement of
§163.3191, F. S., the EAR contains information
addressing the following:
Resolution No. 11-01 Page 9 of 105
Community -wide Assessment
1. Population growth and changes in land area
[163.3191(2)(a)].
2. The location of existing development in
relation to the location of development as
anticipated in the plan [163.3191(2)(d)].
3. The extent of vacant and developable land
[163.3191(2)(b)].
4. The financial feasibility of providing needed
infrastructure to achieve and maintain
adopted level of service standards and
sustain concurrency through capital
improvements, as well as the ability to
address infrastructure backlogs and meet
the demands of growth on public services
and facilities [163.3191(2)(c)].
5. A brief assessment of success and
shortcomings related to each element
[163.3191(2)(h)].
6. Relevant changes in growth management
laws (the state comprehensive plan, the
appropriate strategic regional policy plan,
Chapter 163, Part 11, F.S., and Rule 9J -5,
F.A.C.) [163.3191(2)(f)].
7. A summary of public participation activities
in preparing the report [163.3191(2)(j)].
8. An assessment of whether plan Objectives
within each element, as they relate to
major issues, have been achieved, and
whether unforeseen and unanticipated
changes in circumstances have resulted in
problems and opportunities with respect to
major issues in each element
[163.3191(2)(g)].
9. An assessment of corrective measures,
including whether plan amendments are
anticipated to address the major issues
identified and analyzed in the report. Such
identification shall include, as appropriate,
new population projections and new
1 -2
revised planning time frames, a revised
future conditions map or map series, and
updated Capital Improvements Element,
and any new and revised Goals, Objectives
and Policies for major issues identified
within each element [163.3191(2)(1)].
10. An assessment of the success or failure of
coordinating future land uses and
residential development with the capacity
of existing and planned schools;
establishing with the school board
appropriate population projections; and
coordinating the planning and siting of new
schools [163.3191(2)(k)].
11. An evaluation of whether any past
reduction in land use density within the
coastal high hazard area impairs the
property rights of current residents when
redevelopment occurs. The local
government must identify strategies to
address redevelopment and the rights of
affected residents balanced against public
safety considerations [163.3191(2)(m)].
12. The extent to which the local government
has been successful in identifying
alternative water supply projects and
traditional water supply projects, including
conservation and reuse, necessary to meet
water needs within the local government's
jurisdiction [163.3191(2)(1)].
13. An assessment of whether the local
government was successful in achieving
compatibility with military installations
[163.3191(2)(n)].
14. The extent to which a concurrency
exception area, a concurrency management
area, or a multimodal transportation district
has achieved the purpose for which it was
created [163.3191(2)(o)].
15. An assessment of the extent to which
changes are needed to develop a common
methodology for measuring impacts on
Resolution No. 11 -01 Page 10 of 105
Community -wide Assessment
transportation facilities for the purpose of
implementing its concurrency management
system in coordination with the
municipalities and counties
[163.3191(2)(p)].
The final report will be sent to the Florida
Department of Community Affairs (DCA) in August
2010. Within 60 days after receipt, DCA will review
the report and make a preliminary sufficiency
determination that is forwarded to the City for its
consideration. DCA will issue a final sufficiency
determination within 90 days after receipt of the
adopted EAR.
Table 1.1: Evaluation and Appraisal Report Adoption
Schedule
Date
October
November 2009
January 2010
February 2010
May 2010
June August 2010
August 2010
September 2010
November 2010
November 2010
January 2011
Steps in the Process
Local workshops and public meetings
to identify subject matter (issues) and
prepare the list of issues.
Scoping meeting with agency
representatives and presentation of
final list of issues.
Letter of Understanding with DCA.
Complete a first draft of the EAR.
Conduct workshop with LPA.
Public hearing with LPA on first draft.
Revise drafts, as needed.
Workshop with City Council, revise as
necessary and transmit proposed EAR
to DCA and other reviewing agencies
(optional).
Receive comments from DCA.
Revise and produce final EAR for
adoption.
Public Hearing with Council and
adoption of the EAR.
1 -3
Adoption of EAR -based Amendments
Chapter 163, Part II, F.S. requires EAR -based plan
amendments to be adopted within eighteen (18)
months after the EAR is determined to be sufficient
by DCA.
Intent of the EAR Report
All amendments outlined within this report
represent recommendations to be considered for
adoption by the City Council after required public
hearings.
Organization of the EAR Report
The proposed EAR addressing the City's
Comprehensive Plan is divided into three (3)
Sections.
Section 1— Community -wide Assessment
Section 2 Issues of Major Concern
Section 3 Recommendations
Resolution No. 11 -01 Page 11 of 105
Community -wide Assessment
Profile of the City
The City of Okeechobee is located in the southern
portion of Okeechobee County, approximately 1.5
miles north of Lake Okeechobee (SEE FIGURE 1.1,
GENERAL LOCATION MAP). It IS the County's only
incorporated City and serves as the shopping and
employment center for the area.
US 441, and SR 70 are the two major arteries
serving the City. SR 70 links the City with Fort Pierce
30 miles to the east, and Arcadia and
Sarasota /Bradenton further west. US 98 connects
the City with Sebring, approximately 50 miles to the
northwest. US 441 approaches the City from the
Orlando area, joins with US 98 and continues south
toward West Palm Beach.
Although the City's population is currently less than
6,000, the City experiences a level of intensity in its
urban activities that is normally associated with
larger cities. This bustling atmosphere is in sharp
contrast to the large expanses of rural cattle grazing
land just outside the City in unincorporated
Okeechobee County.
Lt
Resolution No. 11 -01 Page 12 of 105
Community -wide Assessment
Population Analysis
This section of the Report provides updated
population estimates and projections, pursuant to
Florida Statutes §163.3191(2)(a).
The City of Okeechobee uses estimates of its
population provided by the Bureau of Economic and
Business Research of the University of Florida
(BEBR). In 2009, BEBR estimated Okeechobee's
resident population to be 5,377. Table 1.2 shows
resident population forecasts for the ten -year
planning horizon beginning in 2011. Resident
population in the City will increase gradually each
year as new residential units are constructed and
occupied. From 2011 to 2021, growth is expected to
increase at a rate of about 0.3% annually.
BEBR does not provide estimates for the seasonal
population. Because Okeechobee is a center for
freshwater fishing and other outdoor related
activities, the population in the City is estimated to
swell by as much as 40% during the "season
Table 1.2: Peak Population Forecast
Resident Seasonal
5,409 2,164
5,490 2,196
5,572 2,229
Peak
7,573
7,686
7,801
Since early 2007, eight residential projects have
been approved for development. Development of
all but the two assisted living facility projects have
been postponed or cancelled; and, in a number of
cases the projects have been subject to bankruptcy,
foreclosure or other financial difficulties as a result
of the current economic situation. Consequently, no
growth as a result of these approvals is forecast in
excess of that associated with the population
projections provided in Table 1.2.
Resolution No. 11 -01 Page 13 of 105
Community -wide Assessment
Should these projects be built and occupied within
the next 10 years, as originally planned, using the
2.70 average household size for residential units
recorded in the 2000 Census and one person per
unit for ACLFs, these approved developments could
be expected to increase the City's resident
population by 1,155 persons by the year 2021.
1 -6
aMt I" l 1
Land Use Analysis
This section of the Report evaluates changes in land
area and land use, pursuant to Florida Statutes,
Section 163.3191(2)(a). In addition, the chapter
evaluates the location of existing development in
relation to the location of development anticipated
by the Plan, pursuant to Florida Statutes,
§163.3191(2)(d).
Changes in Land Area and Land Use
The City of Okeechobee is comprised of
approximately 4.2 square miles. Since the adoption
of the last EAR, the City has not annexed any lands
which would have altered the size of the City. The
City also encompasses 0.2 square miles of water
area. The City is separated by many miles from
other urban areas. This relative isolation created a
land use pattern that provides the full range of
employment and commercial services needed by its
residents and those of the surrounding
unincorporated areas. Existing land use represents
how lands in the City of Okeechobee are presently
used. The location, type and distribution of land use
patterns and activities are shown in Table 1.3.
able 1.3: Existing
sidentiat
m r cclat
Iustria(
f3311r/S m I- public
ies
i ds Rights-of-W
Vacant lands include a
agricultural use (primarily pastureland).
is Includes street, road, and railroad rights -of -way.
Source: Okeechobee County Property Appraiser's GIS files,
Acres
783
684
243
75
166
29
694
14
2,688
2009
Percent
29.1
25.5
9.0
2.8
6.2
1.1
25.8
0.5
100.0
Resolution No. 11 -01 Page 14 of 105
Community -wide Assessment
Location of Existing Development In
Relation to Development Anticipated in
the Original Plan
Development in Okeechobee since adoption of the
Plan has been somewhat different from the land
uses established in the Future Land Use Element.
This is, in part, due to certain conflicts between
Zoning and the Future Land Use Map which are
identified under Major Issue #2. This is also a result
of the need for flexibility in the location of
commercial uses and suggests a need to provide for
a transition from residential use to commercial use
in areas at the interface of existing commercial
areas bordering major roadways.
Since 2000, the City has had 84 map amendments.
Table 1.4 provides a complete listing of those
amendments.
Based on Table 1.4, properties with the Future Land
Use classification of Single Family decreased by 130
acres. Properties with the Future Land Use
classification of Multi Family increased by 66 acres.
Properties in the Commercial, Industrial and Public
Facilities Future Land Use categories increased by
47, 2, and 2 acres, respectively. In 2006, the City
added a new Future Land Use category to
accommodate mixed -uses. This category is intended
to accommodate and provide flexibility for
development of multiple uses within a residential
setting.
Extent of Vacant and Undeveloped Land
Today, approximately 29% (783 acres) of the City is
vacant including agricultural lands, the use of which
is considered an interim use until demand for urban
use matures. The projected population of the City
during the peak season is 7,801 residents in the
year 2021. At current inventory levels, the
developable vacant land is sufficient to support the
probable future population of the City. Figure 1 -1
depicts existing land use by the various categories.
1 -7
Petition
01-005-SSA
01-004-SSA
01 -003A
Community -wide Assessment
Table 1.4: Comprehensive Plan Amendments, 2001 to 2009
Property Owner Location Land Use Acreage
Elbert Batton Lots 25 and 26, Block 200 C to RMF 0.30
Lakeview Builders Lot 15 and 16, Block 37 SF to MF 0.34
Utt /Cook Lots 1 through 6 of Block 15 of South SF to MF 1.10
Okeechobee
Connelly Lots3 and 4, Block 21, South SF to MF 0.32
Okeechobee
Edwards Lots 4, 5, and 6, Block 75 SF to MF 0.48
Visiting Nurses Assn. Block 171, City Parcel 6 SF to C 0.27
Butler Lot 1 -12, Block 3, Wrights first SF to MF 4.03
Addition
Rickards Lots 5, 6, 7, and 8, Block 24, SF to MF 1.00
Northwest Addition
Snider Lot 4,5 and 6, Block 3, South SF to C 0.49
Okeechobee
Knapp Lots 3 and 4, Block 21, South MF to C 0.33
Okeechobee
Vandertrust Block 20, Lots 1 -13, 14 -26 SF to MF 5.50
Watford Lots 1 through 12, Block 98 IND to C 2.06
Byrd Lots 6, 7, and 8 Block 201, City of C to MF 0.399
Okeechobee
Swygard Lots 5, 6, 7, and 8, Block 5, of Wright's SF to MF 0.69
First Addition
Lefebvre Lots 1 2 Block 21, South SF to C 0.16
Okeechobee
Neese East 1/2 of lot 20 Lots 21, 22, 23 24 SF to MF 0.705
Block D
Gagbee Lots 1 -7, Block 18 Lots 20 -26, Block SF to MF 3.5
18
Los Dos Compadres 702 SW Second St IND to C 0.9733
Madrigal Lot 6 West Half of Lot 5, Block 89 MF to C 0.241
Edwards Lots 4, 5 6, Block 75 MF to C 0.482
Lakeview Builders, Inc. Lots 12, 13 14, Block 30 SF to MF 0.52
Okeechobee Courthouse Lots 1 -6 10 -12, Block 125 MF C to PF 1.55
David Nunez Lots 7 and 8 of Block 78, SF to C 0.32
Buchanan Lots 1 and 2, Block 44 SF to 1 0.321
Carter Lots 9 and 12, Block 2 SF to MF 0.33
Charles Farmer 410 SE 2nd Avenue SF to C 5.06
Mary Dixon 410 SE 2nd Avenue SF to C 7
TR Browning 807 N.E. Park Street SF to C 0.472
Nunez Lots 1 and 2, Block 78 SF to MF 0.321
KMJ Lots 14 -19, Block 32 SF to MF 3.18
Altobello 0 SW 2nd Street SF to MF 9.9
Tedders /Dyal North 1/2 of Lot 11 and the North 1/2 MF to C 0.48
of Lot 12, Block 182
Mossel Lots 17 -22, Block 19 SF to MF 1.033
Rest.>>ut &.,10 No. -OA r 11 of 105
1 -8
Petition
OS-WI-SSA
05-008 -SSA
05- 009 -SSA
05- 010 -SSA
05- 011 -SSA
05 -012 -SSA
05.013-SSA
05-014 -SSA
06. 001 -SSA
06-002-SSA
06- 003 -SSA
06 -004 -SSA
06-00S-SSA
86-008 -SSA
06•00A
06 -010 -SSA
06.011 SSA
06-012-SSA
06-015-SSA
06-Cl -001
06-CI -002
07 -002 -SSA
07-003-SSA
005 -SSA
*mite: talkie I
N
N
A
N
Ba
Table 1.4: Comprehensive
Property Owner
Cook
Goodbread
Williams
Wallace
Goodbread
Lewis
Surface
Stepping Stones
Hester
Samms
CR Investments
Childs World
Sims
B &R Ent
Fraser
Insite
Sullivan
Altobello
arvin
ackle
lose
ellamy Ellerby
utler
nsite /Dobbs- Southern
race #2
.M.S.A. for Noorudin
ooruddin for Ilgen
keechobee SR70
ampton Inn)
wynn Linda Johnson
siting Nurse Assn.
eri LaChappelle
ooruddin for Husain
unez
dul Cumber
oruddin
ker
nez
Plan Amendments, 2001 to 2009 (cont'd)
Location Land Use
Lots 7 -10, Taylor Creek Manor SF to MF
Lots 8 -10, Block 18 C to MF
Lots 2 -3, Block 144
Lot 1, Block 3
Lots 23 -26, Block 31
Lot s11 -12, Block 105
Lots 1 -4, Block 31
Lots 7 -9, Block 181
Lots 9 -10, Block 143
Lots 1 -6, Block 97 and Lots 1 -6, Block
102
Lots 14 -16, Blockl9
Lots 4 -6, Block 251
Lots 5 -6, Block 205
Lots 4 -6, Block 117
Lot 6 1/2 of 5, Block 8
Lots1 -26, Block 4 and Lots 1 -26, Block
13
Lot 2 -3, Block 3
SW 2nd St
Lots 9 and 10 Block 106
SR 70
Parallel to US 441
Lots 1 2 Block 185
700 NW 9 Street
Blocks 12 and 21 West of US Highwa
441, South of City limits ditch be-
tween NW 5 and 7 Avenues and
NW 11 and 13 Streets. Blocks 11
and 22 West side of NW 7 Avenue
between NW 11 and 13 Streets.
Lots 3 -6 Block 78
Lots 17 19 Block 18
1108 Highway 70 East
Lots 1 7 and 20 26, Block 36
203 SE 2 St
813 SW 2 Street
Lots 19 -20, Block 15
NE 7 Ave between NE 3rd St SR
70E
Lots 1 -12, Block 110
Lots 17, 18, 19- Block 18
Lot 6, Block 208
Lots 1 through 5, Block 147
Resolution No. 11 -01 Page 16 of 105
Community -wide Assessment
y
SFtoC
SF to C
SF to MF
SF to C
SF to MF
SF to MF
MF to C
SF to IND
SF to MF
SF to MF
SF to C
SF to C
SF to C
SF to MF
SFtoC
Hold to MF
SF to C
SF to C
SF to MU
SF to C
None to MF
SF to MF
SF to C
C to MF
SF to C
C &SF to IND
SF to Com
SF to MF
SF to C
SF to Com
5F to Com
MF to Com
SF to Com
SF to Com
Total
Acreage
1.39
0.491
0.2
0.17
0.69
0.321
0.689
0.656
0.344
2.066
0.5165
0.688
0.3271
0.52
0.25
9.33
0.48
9.89
0.3
21.14
32.97
0.54
0.516
11.29
0.64
0.488
4.5
2.84
0.782
1.361
0.405
1.74
1.928
0.488
0.162
0.84
165.80
1 -9
City Limits
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Multi-family
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Golf courses
111111 Industrial
Semi-public
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Utilities
RR RR R-O-W
Water
Figure 1-1
EXISTING LAND USE, 2009
City of Okeechobee
1 1,
1000 0 1000 2000 Feet
SOURCE: Okeechobee County Property Appraiser's Database.
September. 2009
Resolution No. 11-01 Page 17 of 105
c.repAre: SoIe Flani,115; Ser..1r-.es
1•10
Financial Feasibility of Providing
Needed infrastructure
Consistent with Florida Statutes, Okeechobee has
adopted level of service (LOS) standards in its
Comprehensive Plan. These standards are used to
review the impacts of existing and proposed
development on public facilities. The City has
implemented a Concurrency Management System,
and any new development is required to make or
provide the necessary improvements to maintain or
exceed the LOS standards. This section of the
Report, consistent with §163.3191(2)(c), assesses
the financial feasibility of providing the needed
infrastructure to achieve and maintain adopted LOS
standards and sustain concurrency through capital
improvements, as well as the ability to address
infrastructure backlogs and meet the demands of
growth on public services and facilities.
Viiater
The Okeechobee Utility Authority (OUA) is the
entity responsible for providing water and sewer to
the residents of the City of Okeechobee and to
some unincorporated areas of Okeechobee and
Glades Counties. While the majority of the City is
provided water and sewer services, there are still
small areas which are not served because there are
no lines connecting to these properties. It is
estimated that lines are available to serve about
95% of the City with potable water, but OUA
estimates that is provides potable water to only
about 78% of the City's resident population.
The permitted capacity for the surface water treat-
ment plant is 5.0 mgd with the groundwater treat-
ment plant rated at 1.0 mgd for a total of 6.0 mgd.
The wastewater treatment plant has a total capacity
of 3.0 mgd. Table 1.5 shows an analysis of both
plants. As stated earlier, there are some areas in the
City of Okeechobee that are still being served by
wells or septic tanks.
Community -wide Assessment
Table 1.5: WTP and WWTP Capacities
Water
Treatment Plant
6.00 mgd
1.93 mgd
0.25 mgd
3.82 mdg
Capacity
Avg. Daily Flow
Committed
Excess
Source: LaRue P
2010.
arming Management Services, Inc.,
OUA is currently meeting present and future water
demands by utilizing both groundwater and surface
water. The adopted LOS of service for water and
sewer are 114 gallons per capita per day and 130
gallons per capita per day, respectively.
The data in Table 1.6 should be considered as proof
that capacity currently exists at both the WWTP and
the WTP. It is estimated that the City of Okeechobee
comprises approximately 32% of all users of water
and sewer services. Below is a table which depicts
that even when all residents of City are connected
to OUA for water and sewer during the period of
peak population, there is sufficient capacity to
continue serving the City well into the long -range
planning horizon.
a 131E ,..ei:
qL
Peak
Population
7,573
7,686
7,801
Resolution No. 11 -01 Page 18 of 105
Water genera-
tion rate based
on adopted
LOS
0.86 MGD
0.88 MGD
0.89 MGD
pi
Wastewater
Treatment Plant
3.00 mgd
0.89 mgd
0.10 mgd
2.01 mgd
Sewer genera-
tion rate based
on adopted
LOS
0.98 MGD
1.00 MGD
1.01 MGD
Based on the County's Water Supply Plan, one can
expect total demand in the year 2020 to approx-
imate 3.86 mgd. Okeechobee Utilities' current Con-
sumptive Use Permit (CUP) is for 3.00 mgd. The Util-
ity is in negotiation to increase the CUP. The South
Florida Water Management District (SFWMD) has
indicated a willingness to issue a preliminary in-
crease in the CUP to 4.00 mgd until such time OUA
and the District can reach agreement as to a final
CUP to be coupled with alternative sources of wa-
ter, water conservation, and reuse projects. Appar-
ently, there is adequate supply of water to accom-
modate the increase in the CUP to 4.0 mgd and this
supply is sufficient to serve the entire system until
2020 just shy of the City's planning horizon of 2021.
Solid Waste
Solid waste collection and disposal is provided by
Waste Management, Inc. The adopted LOS for the
City of Okeechobee is 13 Ibs /capita /day. The City of
Okeechobee generates approximately 45% of the
County's solid waste stream, while the City only has
15% of the population. Such a discrepancy can only
be explained by the presence of businesses or
industries in the City, as well as significant numbers
of people living in urban or suburban lifestyle, as
contrasted with the rural /agricultural nature of
outlying areas. It is also reasonable to assume that
some solid waste in unincorporated areas may have
been disposed of outside of the County's organized
collection system through burning, burial, or even
improper dumping.
The Okeechobee County landfill serves the entire
County and has a remaining capacity of 110 million
tons with a life expectancy of 50 years. There is
adequate landfill capacity to serve the City's needs
well beyond the year 2021. Table 1.7 shows a
projection per capita of solid waste generation for
the City based on the long range population
projections.
Peak Population
7,573
7,686
7,801
Pounds (per day)
98,449
99,918
101,413
Community -wide Assessment
In order to maintain the adopted LOS standard the
City attempts to reduce solid waste generation by
encouraging recycling programs. By encouraging the
cooperation of its residents and by coordinating
with the County, the City is expected to continue
meeting its adopted level of service throughout the
long -range planning timeframe.
Drainage
The adopted Level of Service for Okeechobee is for
a 25 year 24 hour storm event. Drainage on City
roads is accommodated by swales and ditches and
FDOT storm drainage facilities. The City of
Okeechobee is in the Lake Okeechobee integrated
drainage basin and is drained by Taylor Creek to the
east and Papash Slough and Lemkin Creek to the
south. At this time, no drainage facility
improvements are needed. There are policies in the
Comprehensive Plan which outline the process to
restore natural areas.
In addition, Policy 7.1 of the Solid Waste, Drainage,
Potable Water and Natural Groundwater Aquifer
Recharge Element requires the City to undertake a
stormwater management study to identify water
quality and drainage facilities. In adopting this
policy, the City acknowledged that insufficient
information existed to address this issue adequately,
and that future expenditures were needed, both to
fund the study and the needed improvements which
it identified. In accordance with this policy, the City
should budget available funds of its own for the
study and seek the assistance of the South Florida
Water Management District.
.af ;c: Circui
Resolution No. 11 -01 Page 19 of 105
The City of Okeechobee continues to be a small
urban area. Most of the traffic issues relate to state
and federal roads bisecting the City. The roadway
functional classification is discussed below:
I -12
US 441 is a 4 -lane arterial road entering
Okeechobee County from the north. In the
southern part of the County, it is a main
route for carrying traffic to western Palm
Beach County.
US 98 is a 4 -lane arterial road which enters
Okeechobee County from the west across
the Kissimmee River and proceeds toward
West Palm Beach. The southern portion of
US 98 combined with US 441 provides a
connecting link between the City and
western Palm Beach County.
SR 710, just outside the City to the east, is a
4 -lane arterial road which connects the City
with Indiantown and West Palm Beach.
SR 78 is a 2 -lane arterial road which
provides a connecting link with US 27 in
Glades County. It is an east -west arterial
located a short distance south of the City
and extends southwesterly around the west
side of Lake Okeechobee.
SR 70 is a 4 -lane arterial highway extending
from Bradenton through Okeechobee to
Fort Pierce. It intersects with US 98 in the
center of the City and provides a connecting
link with Sebring to the north.
The functional classification for roadways within the
City has remained the same for the past 20+ years.
The City does not take traffic counts on any roads
Description
SR 15 /US 441, North of NW 13` Street
SR 15 /US 441, North of SR 70
SR 70, West of SR 700 /US 98
SR 70 /700 /US 98, East of SR 700 /US 98
SR 15/700, US 98/441 South of SR 70
SR 700 /US 98, North of SR 70 /US 98
SR 15 /700 /US 98/441, North of Wolff Road
SR 15 /700 /US 98/441, South of Wolff Road
SR 70, East of SR 15/700/US 98/441
Resolution No. 11 -01 Page 20 of 105
Community -wide Assessment
within its boundaries. Instead, counts are taken by
FDOT and conveyed to the County. There are four
traffic count stations within the City. The counts at
stations within the City and immediately upon
entering the City's limits are shown in Table
1 -8.
Information on traffic volumes is provided by FDOT
and is limited to state roads. Like most rural cities,
Okeechobee also Tacks an ongoing program for
measuring traffic on the City's collector roadways.
The City's Concurrency Management System (CMS)
identifies any LOS problems and corresponding
needs for capital investment in road improvements.
Improvements are made every year on City's
roadway system to keep them safe and in good
working order. These improvements are shown on
the City's Five Year Schedule of Capital
Improvements. Recently, these projects have
included:
1. Street sweeping and mowing of right -of-
ways;
2. Roadway street lighting;
3. Road repairs and materials; and
4. Paving, sidewalks, and traffic signals.
In addition, the City of Okeechobee will adopt by
reference the FDOT Five Year Work Program 2009-
2014.
Direction 1 Direction 2 AADT Two
Way
N 9700 S 10000 19700
N 11000 S 12000 23000
E 7100 W 6800 13900
E 10000 W 10500 20500
N 12500 S 14500 27000
S 6200 N 6100 12300
N 12000 S 12000 24000
N 8200 S 9300 17500
E 15000 W 14500 29500
1 -13
Recreation and Open Space
In 2003, the County estimated that approximately
489 acres of recreational facilities were available in
Okeechobee County. These facilities were owned by
the City (2), the County (13), the School Board (9),
the State (3), and private entities (3). Of the 30
facilities, those described below are located within
the City limits.
Table 1 9: Existing Recreational Sites and Facilities
royals
Category Type
Resource -based
(special park)
Activity -based
(neighborhood
park)
Activity -based
(special park)
Activity -based
Activity -based
Lake House
PUD and
Southern Trace
residential
projects (as yet
undeveloped)
Facilities Acres
Available
Boat launch 2
Benches, 5.4
bandstand
tables
1 Ball field 4.7
2 Tennis
Courts
1 Skateboard
Park
Basketball 1.2
court
Play
equipment
2 Ball 8.6
fields /Soccer
fields
Park, play- 3.0
ground and
open space
available to
the public
There are a total of almost 25 acres of recreational
lands in the City. Of these, two parks encompassing
7.4 acres are owned by the City. Another 17.5 acres
of lands affording recreational opportunities within
the City, now or in the future, are associated with
public schools, County parks and private develop-
ments with lands dedicated to recreational areas as
conditions of site plan approval. Acreages
associated with the Central Elementary School and
Resolution No. 11 -01 Page 21 of 105
Community -wide Assessment
Freshman Campus in the table above reflect only
those land areas devoted to recreational types of
uses.
In addition to recreational facilities and public open
space within the City, residents have access to all
County and State maintained recreational facilities
within Okeechobee County.
The adopted level of service standard for parks is 3
acres per 1,000 persons. Below is an assessment of
the demand for parks based on the adopted LOS
and the projected population.
Table 1 -10: Projected Recreational Needs, 2011 -2021
School r
Peak Population
7,573
7,686
7,801
Acres
22.7
23.0
23.4
The City of Okeechobee has participated with the
County in a joint planning approach to provide
recreational facilities with equal access for all
residents of the County through a combined
recreational program. By developing and adopting
joint level of service standards, recreational needs
of both the incorporated and unincorporated
population have been and will continue to be well
served. Provision of recreational facilities for future
population will continue through Interlocal
agreements.
The City of Okeechobee has two public schools
within its boundaries. These are Central Elementary
School and the Okeechobee Freshman Campus. Ac-
cording the City's adopted Public Schools Facilities
Elements, enrollment at Central Elementary was at
717 in SY 2006/07 with a capacity of 768 students.
The utilization rate (enrollment to capacity) is at
93 The Okeechobee Freshman Campus currently
operates at a utilization rate of 143% with approx-
imately 500 students enrolled, but a capacity of 349
students. In addition, heating capacity, artificial
1 -14
lighting and drainage in parking areas are inade-
quate and this building has no re- locatable units.
This campus is expected to continue to grow and
may require a small addition to handle the increase
in student enrollment. As with all schools which are
exceed the LOS, enrollment relief is planned
through boundary changes, program shifts, or per-
manent classroom additions.
Financial Feasibility of Providing Ade-
quate Facilities and Services
The City is currently meeting its adopted level of
service for all its public facilities and has the ability
to provide the needed infrastructure and maintain
adopted level of service standards. The Compre-
hensive Plan and the Unified Land Development
Code both require that adequate public facilities be
in place and concurrent with the impacts of devel-
opment.
Assessment of Successes and
Shortcomings of the Elements
Pursuant to §163.3191(2)(h), F.S., this section of
this Report makes a brief assessment of the suc-
cesses and shortcomings related to each element of
the Comprehensive Plan.
Future Land Use Element
The Future Land Use Element has been, by and
large, successful in guiding growth patterns
throughout the City. The goal of the Future Land
Use Element is to "maintain a high quality living
environment, preserve its distinctive natural and
historic resources, and provide public services to its
residents." The 12 objectives included in the
Element center on:
Guiding the location of future development
by the availability and efficient use of public
facilities;
Resolution No. 11 -01 Page 22 of 105
Community -wide Assessment
Ensuring that all new development is
consistent with the Future Land Use
Element;
Eliminating or reducing land uses which are
inconsistent with the Future Land Use
Element;
Ensuring the availability of suitable land for
public facilities;
Establishing a threshold acreage and
identifying suitable locations for new
schools;
Protecting natural and historic resources;
Encouraging redevelopment and renewal of
blighted areas;
Ensuring that land use activities along
Taylor Creek are consistent with the
Resource Management Plan for the Lower
Kissimmee River and Taylor Creek Drainage
Basin;
Promoting innovative land development
techniques;
Integrating the objectives of the Local
Mitigation Strategy into the Plan; and
Revising the land development code to
encourage redevelopment, infill development,
compatibility, and curtailment of inconsistent
uses.
The shortcomings of the Future Land Use Element
were mentioned earlier in the Report and deal with
the need to provide for a transition from residential
use to commercial use for areas at the interface of
existing commercial areas bordering major
roadways and eliminating inconsistencies between
the Future Land Use Map and the City's Zoning
Map.
1 -15
Transportation Concurrency Matrix
City of Okeechobee
Okeechobee County
Criteria for
Conducting
Transportation
Concurrency
Analysis
A Traffic Impact Study is required for a
rezoning or in some cases for a site plan
review.
The planning and development director or designee shall be responsible for
compiling the level of service determinations from the evaluating departments
and agencies into a concurrency determination report for each concurrency
application. The report shall determine whether public facilities and services
are or will be available within the adopted level of service standard at the time
the impacts of the development occur. The report shall state whether the con-
currency application shall be approved, approved with conditions, or denied.
Concurrency determination reports shall be issued within 30 working days of
receiving the evaluating department or agency level of service determinations
to complete the report. Approved concurrency applications shall be issued a
certificate of concurrency. Each concurrency report shall be based on findings
of fact and shall document the conditions related to the development, the pub-
lic facility availability, and the public facility capacity upon which the evalua-
tions were based.
Upon receiving notification that concurrency is not met, the applicant may
submit a revised concurrency application within 60 calendar days.
Trip
Generation
An applicant for site plan or development
approval shall submit a public facility
impact analysis calculating demand on
facilities generated by the proposed de-
velopment at project build -out, based
upon adopted LOS standards. The anal-
ysis shall contain the following informa-
tion:
Traffic generated, using ITE Trip Gener-
ation Rate Manual; with principal arterials
LOS C; and all other roads LOS D.
A Transportation Impact Analysis (TIA) for a proposed development shall in-
clude, at a minimum, the following information:
A vehicular traffic impact analysis (VTIA) as described in section 5.05.01.
Traffic Circulation Element
Assessment of changes that may be necessary
to facilitate a common methodology for
impacts on transportation facilities.
The only jurisdiction adjacent to the City of Okee-
chobee is the unincorporated area of Okeechobee
County. The following matrix of the methodologies
employed by Okeechobee County and the City of
Resolution No. 11 -01 Page 23 of 105
Community -wide Assessment
Okeechobee indicates that the City and County, in
large part, use similar transportation concurrency
methodologies. However, the City will review the
County's vehicular traffic impact analysis (VTIA) in
developing its own traffic impact assessment
methodology to facilitate greater coordination of
measurement of impacts upon SR 70 and U.S. 441,
the only two major roadways within the City of
Okeechobee.
1 -15a
Background
Traffic
Determination as to whether background
traffic has been properly assessed on the
traffic impact study will be made by the
reviewer of the rezoning application.
The planning and development director or designee shall determine whether
background traffic has been properly assessed.
Analysis
Attach a Traffic Impact Study by a pro-
The transportation concurrency review will be made by the county on the basis
Methods
fessional transportation planner or trans-
of the VTIA submitted by an applicant as a part of the transportation concur
portation engineer, if the rezoning or
rency application. The VTIA for a proposed development shall be certified
proposed use will generate 100 or more
(signed and sealed) by a Florida registered professional engineer or certified
peak hour vehicle trip ends using the trip
professional transportation planner. Adjustments or modifications to the infor-
generation factors for the most similar
mation and analysis presented in the VTIA may be requested by the applicant.
use as contained in the Institute of
The VTIA requirements may be modified or adjusted on a development -by-
Transportation Engineers most recent
development basis by the county. All deviations from the above mentioned
edition of Trip Generation.
VTIA methodology must be made in consultation with and receive approval
from the county. A pre application conference may be requested by the appli-
cant with the county to determine the assumptions of the VTIA.
The VTIA is required to include the following minimum analysis, as well as any
additional analysis identified by the county at the pre application conference.
Adopted LOS
LOS C for Principal Arterials
Limited Access Facilities "C"
LOS D for Minor Arterials
Principal Arterials, Florida Interstate Highway System "C"
LOS D for all other Roadways
Principal Arterials, Other, except as noted below "C"
Minor Arterials, except as noted below "D"
Collectors "D"
Local Roads "D"
Backlogged Facilities "Maintain and Improve"
Community -wide Assessment
Resolution No. 11 -01 Page 24 of 105
I -15b
The Traffic Circulation Element has not been
significantly changed since the City's last EAR -based
Amendments adopted in 2000. The goal of the
Traffic Circulation Element is to "develop a traffic
circulation system which safely and efficiently meets
existing and future transportation needs, promotes
accepted design standards, and achieves desired
levels of service." The nine objectives included in
the Element focus on:
Utilization of the five -year CIP to identify
improvements to roadway deficiencies;
Protecting existing and future right -of -way
from building encroachment;
Supporting FDOT's 5-Year Work Program on
roadways which are in the City's
jurisdiction, in addition to coordination of
planning and programming improvements
with FDOT and Okeechobee County;
Coordinating with the State, regional and
local jurisdictions to promote a proper mix
of funding for roadway improvements;
Implementing a program for providing
roadways needs that integrates acceptable
design standards;
Establishing level of service standards that
are acceptable for existing and future
conditions;
Coordinating development with the
provision of providing adequate motorized
and non motorized transportation facilities;
and
Curtailing future level of service standard
deterioration along US Highway 441 and SR
70.
Housing Element
Resolution No. 11 -01 Page 25 of 105
Community -wide Assessment
The system of local, county and state roadways in
and around the City of Okeechobee has generally
served the City well, circulating vehicular traffic
within and through the City. Maintenance of local
roads is completed on an as- needed basis and all
such roadways are operating within the adopted
level of service. SR 70 and US 441 are both
constrained roadways for which the State bears
operational responsibility. The availability of traffic
count data is limited to that collected by FDOT.
Therefore, in order to ensure that the traffic
impacts of development do not unduly affect the
adopted level of service standards, the City requires
significant new development to provide traffic
impact analyses. This requirement has worked well
and will be continued for the foreseeable future.
The goal of the Housing Element is to "plan for the
provision of decent, safe and sanitary housing of
appropriate size, type, location and cost, and with
adequate supporting public facilities to meet the
current and future needs of all residents of the City."
The eight objectives included in the Element focus
on assisting the private sector and other public
agencies in providing adequate and affordable
housing, reduction and /or elimination of
substandard housing, conserving standard condition
housing, enforcing regulations to ensure adequate
sites for low- and moderate income families,
ensuring adequate sites for group homes and foster
care facilities, and establishing an advisory
committee to evaluate the City's efforts in providing
affordable housing.
The Housing Element is based on the premise that
initial programs promoting housing diversity,
building code permitting /enforcement would be
implemented by the land development regulations.
The Unified Land Development Code has proven
valuable in guiding the private sector in
development and construction of housing. In 1998,
the City had a deficit of affordable housing for very
low- and low- income households. It is encouraging
that recent private sector developments have
included more affordable housing. However, in
1 -16
accordance with Chapter 163 and Rule 9J -5, the
Plan needs to include provisions for very low
income households.
Sanitary Sewer, Solid Waste, Drainage,
Potable Water and Natural Groundwa-
ter Aquifer Recharge (Infrastructure)
Element
This Element was formulated to guide the City in
creating a strong blueprint for providing the
necessary improvements to public facilities. The
goal of the Element is to "conserve and protect its
water sources and provide, or require others to
provide, needed public facilities in a manner which
protects investments in existing facilities and
promotes orderly growth." The objectives of this
element are as follows:
Ensuring that needed facilities are available
or will be available concurrent with
development;
Maintaining a 5 -year CIP for public facilities;
Ensuring that existing facilities are used in
an efficient manner the nor promote urban
sprawl;
Coordination with OUA and Okeechobee
County in extending water and sewer
services into unincorporated areas;
Providing efficient collection, disposal, and
reduction of solid waste;
Protecting natural drainage features;
Obtaining data needed for correction of
existing deficiencies in man -made drainage
facilities;
Maintaining the City's existing water
consumption rate of 1.82 MGD; and
Community -wide Assessment
Conservation Element
Resolution No. 11 -01 Page 26 of 105
Protecting water quality and preserving the
function of recharge areas and natural
drainage features.
Recent changes to Florida Statutes required the City
to amend this Element through adoption of a 10-
Year Water Supply Facilities Work Plan which will
require adequate water supplies prior to issuance of
a certificate of occupancy; and provision of water
quality standards for stormwater recharge. The
State has reviewed the City's Water Supply Facilities
Work Plan and has issued its Objections,
Recommendations and Comments (ORC) Report.
The City is preparing its response to the ORC.
The Conservation Element has proven to be a
strong guide in establishing long -term development
restrictions to promote resource conservation. The
goal of the Conservation Element is to "conserve,
protect, and appropriately manage the natural
resources to promote the highest environmental
quality possible." The Element has enabled the City
to enhance its natural resources and provide
protection for fish and wildlife habitats. The six
objectives included in the Element concentrate on
preserving air quality, conservation and protection
of water quality, preservation and protection of
environmentally sensitive areas, wildlife and wildlife
habitats, managing hazardous wastes, and
improving the water quality of Taylor Creek. The
Element will be revised soon to reflect adoption of
the water supply plan.
Recreation and Open Space Element
The goal of the Recreation and Open Space Element
is to "provide a system of public recreation lands
and facilities to serve all residents and visitors of the
City while making the most efficient possible use of
public resources. The six objectives supporting this
goal focus on protecting lands designated for
1 -17
recreational uses, coordination with County and
state agencies to enhance recreational
opportunities, providing a variety of recreational
opportunities, and coordination with the School
Board to ensure efficient and joint use of existing
and future open space and recreational facilities.
The City of Okeechobee has participated with the
County in a joint planning approach to provide
recreational facilities with equal access to all
residents of the County through a combined
recreational program. By developing and adopting
joint level of service standards, recreational needs
of both the incorporated and unincorporated
population has been and will continue to be
achieved. Provision of recreational facilities for
future population will continue through Interlocal
agreements.
Intergovernmental Coordination
Element
All existing intergovernmental coordination
mechanisms are effective. The Element has been
updated and strengthened as cooperation has been
important for such issues as water supply planning
and school facility coordination. The goal of the
Element is to "achieve greater governmental
efficiency and resolve conflicts by coordinating
development with activities between the City and
the County, and relevant regional, state, and federal
entities." The objectives which support this goal
addresses the following:
Coordination and consistency of the
Comprehensive Plan with adjacent
municipalities;
Maintaining mechanisms to address
development issues which affect adjacent
municipalities;
Coordination with FDOT and OUA;
Coordination and consistency of the
Comprehensive Plan with the Resource
Resolution No. 11 -01 Page 27 of 105
Community -wide Assessment
Management Plan for the Lower Kissimmee
River and Taylor Creek Drainage Basins;
Cooperation with the School Board in
ensuring the activities of the School Board
are consistent with the Comprehensive
Plan;
Coordinating planning efforts joint extra-
territorial services, changes to service or
corporate limits, any joint committees for
review of locally unwanted land uses;
Coordinating the Comprehensive Plan with
the School Board 5 -Year Facilities Plan
The Element will be updated to include cooperation
for water supply planning issues.
Public School Facilities Element
The goal of the Public School Facilities Element is
"to provide a public school system that offers a high
quality educational environment, provides accessi-
bility for all of its students, and ensures adequate
school capacity to accommodate enrollment de-
mand within a financially feasible School District
Capital Plan." The four objectives in this element
focus on:
Providing adequate school facilities by
adopting a concurrency management sys-
tem to achieve and maintain the adopted
LOS;
Performing a school concurrency evaluation
to review projected residential develop-
ment in order to accommodate new stu-
dents at the adopted LOS for adequate
school capacity;
Coordinating all new public schools which
are to be built after 2008 to be consistent
with the City's Future Land Use Map
designation and be collocated with other
appropriate public facilities when possible;
and
1 -18
Annually update the 5 -Year Schedule of
Capital Improvements to include school
capacity projects.
Capital Improvements Element
The goal of the Capital Improvements Element is to
"ensure that public facilities and services are
provided, on a fair -share cost basis, in a manner
which maximizes the use of existing facilities and
promotes orderly growth." This element has
successfully outlined infrastructure improvements
needed to guide the City in its attempts to provide
needed public improvements. The Element has
been updated consistent with new state legislation
concerning viable Capital Improvement Schedules
and assuring that future changes to the
Comprehensive Plan will be financially feasible.
Compliance with Growth
Management Laws
Section 163.3191(2)(f), Florida Statutes, requires the
EAR to evaluate relevant changes in growth
management laws since the adoption of the original
plan for consistency with the State Comprehensive
Plan. The summary of this evaluation is set forth
below.
Preserving Public Access to Florida's
Waterways
House Bill 955 (Chapter 2005 -157) addresses the
preservation of public access to Florida's
waterways. It is particularly directed at preserving
recreational and working waterfronts. The only
significant waterbody within the municipal limits is
Taylor Creek which drains into Lake Okeechobee.
Taylor Creek is bordered largely by private,
residentially zoned lands. A small area of the Creek
in the general vicinity of SR 70 is bordered by
commercial lands. At the northern extremity of the
Community -wide Assessment
City, the City's industrial park borders the eastern
bank of the Creek. However, there are no working
waterfronts on Taylor Creek and recreational use is
largely limited to private docks on bordering private
residential property.
School Concurrency Planning
Coastal High Hazard Areas
State Comprehensive Plan
Resolution No. 11 -01 Page 28 of 105
The Okeechobee County School District has only
two schools in the City: Central Elementary and
Okeechobee Freshman Campus. The City has
previously adopted its Public School Facilities
Element.
While the City is close to Lake Okeechobee and,
before the construction of the Herbert Hoover Dike,
experienced damage from storm surges due to
hurricanes, no portion of the City is within the
Coastal High Hazard Area.
Coordination of Land Use and Water
Supply Planning
The Okeechobee Utility Authority supplies water to
residents within the City. By State law, all local
governments within the South Florida Water
Management District must prepare and adopt a 10-
Year Water Supply Facilities Work Plan into their
Comprehensive Plan's Potable Water Element. The
City is currently coordinating with the OUA to
complete its 10 -Year Water Supply Facilities Work
Plan and ensure its consistency with the
requirements of the South Florida Water
Management District and the State of Florida.
The State Comprehensive Plan has changed since
the City adopted its Comprehensive Plan in 1989.
The Plan, all amendments since its original
adoption, and all amendments recommended
herein are consistent with the State Comprehensive
Plan.
1 -19
Chapter 163, Florida Statutes
A table detailing the manner in which the City is
addressing the changes to Chapter 163, Florida
Statutes, is attached in Appendix A. The changes are
summarized by year with appropriate citations.
Each change is classified by relevance to the City's
Comprehensive Plan. If no change is applicable,
then no change is required. If the change is
relevant, the Plan was reviewed and analysis about
whether the change was addressed or not is
included. In those instances in which an
amendment is needed, the elements which need to
be amended are identified in the last column. Based
on this table, the City is addressing all applicable
requirements of Chapter 163 in its Comprehensive
Plan and recommended Plan Amendments.
Rule 9J -5, Florida Administrative Code
Rule 9J -5 of the Florida Administrative Code
establishes the minimum criteria for the
preparation, review and determination of
compliance of the Comprehensive Plan and Plan
amendments pursuant to the Local Government
Comprehensive Planning and Land Development
Regulation Act, Chapter 163, F.S. A table detailing
the manner in which the City is addressing the
changes to Rule 9J -5, F.A.C., is attached as Appendix
B. Based on this table, the City is addressing all
applicable requirements of Rule 9J -5 in its
Comprehensive Plan and recommended Plan
Amendments.
Strategic Regional Policy Plan for
Southwest Florida
The Southwest Florida Regional Planning Council's
Strategic Regional Policy Plan "SRPP was last
revised in 2002, long after the adoption of the
Comprehensive Plan. Since that time, the
demographics sections of the SRPP have been
continually updated though a complete update of
the entire SRPP has not been scheduled. In 2000,
the City's Comprehensive Plan was consistent with
the SRPP. Prior to adoption of the Comprehensive
Resolution No. 11 -01 Page 29 of 105
Community -wide Assessment
Plan Amendment, the City will review all changes to
ensure that the Comprehensive Plan is consistent
with the SRPP.
Other State- Mandated Requirements
While there are no military sites in the City, the City
will amend the Plan to include the provisions set
forth in the Florida Statutes if a military installation
is proposed in the City.
1 -20
Public Participation Summary
The City formally began the evaluation of its Plan in
June 2009, with staff discussions that covered the
EAR process, timelines, and methodologies. At
these meetings the purpose of the EAR and its
implications for the community were outlined.
Concerns and information were also gathered from
the public that attended. An Interagency Scoping
meeting was held on January 21, 2010 to help
identify issues, to discuss various agencies'
concerns, and to ascertain the information and
resources agencies could provide the City to assist
in evaluating and updating the Plan. All neighboring
local governments and appropriate county, state,
and regional agencies were invited to attend the
scoping meeting. DCA agreed to the major issues
and responded with a letter of agreement on
February 4, 2010.
On May 20, 2010 the Planning and Zoning Board
held a public workshop to review the draft EAR and
on June 17, 2010, held a public hearing on same.
The City of Okeechobee Planning and Zoning Board
acting as the Local Planning Agency held a public
hearing, on August 19, 2010, reviewed the draft
EAR and forwarded their recommendation of
approval and the draft EAR to the City Council.
The City Council held a Workshop on September 14,
2010 and authorized the draft EAR be forwarded to
the Florida Department of Community Affairs for
their comments prior to adoption by the City
Council.
The Department of Community Affairs sent their
review comments on the draft EAR on November 3,
2010, the City revised the draft to reflect the
recommendations made.
January 4, 2011 was the adoption public hearing
with the City Council. The hearing was a success,
and the 2010 Evaluation and Appraisal Report was
adopted by Resolution No.11 -01.
Community -wide Assessment
Resolution No. 11 -01 Page 30 of 105
I -21
Identification of Major Issues
This Section of the EAR will assess the potential
social, economic and environmental impacts of
the identified major issues pursuant to Florida
Statutes, §163.3191(2)(e). Pursuant to
§163.3191(2)(g), F.S., this section will also
provide an assessment of whether Plan
objectives and policies within each Element, as
they relate to the major issues, have been
achieved, and whether unforeseen and
unanticipated changes in circumstances have
resulted in problems and opportunities with
respect to major issues.
Assessment of Major Issues and Plan
Objectives
The City's EAR identifies five major issues that
the City will address in the EAR -based Plan
Amendments. Each issue and proposed actions
are briefly summarized below.
Major Issue 1: Need to provide for a
transition from residential use to
commercial use for certain areas of the City.
Major Issue 2: The need to eliminate
inconsistencies between the Official Zoning
Map and the Future Land Use Map (FLUM).
Major Issue 3: The need to re- examine the
Taylor Creek area and related Plan Policies in
order to allow development that would not
degrade its water quality.
Major Issue 4: The need to establish
compatible and consistent urban design.
Major Issue 5: The need to emphasize
pedestrian connectivity and establish
streetscape standards within the City.
Resolution No. 11 -01 Page 31 of 105
Major Issues
Evaluation of Issues of Major
Concerns
Major Issue 1: The need to provide
for a transition from residential use
to commercial use in certain areas of
the City.
Issue Description and Analysis
Distribution of commercial lands
For the past few years, there have been an
increasing number of requests for Small Scale
Development Amendments to extend
Commercial Future Land Use designations to
encompass properties within two blocks of the
major commercial arterials in the City, US 441
and SR 70. The City has recognized the need to
provide a transition from heavy commercial
along these arterial to Tight commercial and
professional /office commercial uses as
development pressures approach an interface
with existing residential uses. The City's actions
have clearly indicated that such a policy has
been evolving. The EAR is the appropriate time
to recognize the need for a more formal
approach to provide additional and varied
commercial opportunities while ensuring
compatibility with residential uses within the
City.
In response to the above, the City is investigating
expanding the amount of land designated
commercial on the Future Land Use Map within
two blocks of the City's major arterials SR 70
and US 441. The expansion areas are primarily
seen as those in the second tier blocks. Map II-
1.1 shows the current distribution of the
Commercial future land use category throughout
the City. It also shows the boundaries of the
proposed commercial corridor, the current
Major Issues
future land use categories of all lands within the
corridor, and the boundaries of specific areas
where expansion of commercial use could be
expected in the future. There are 18 such areas
outlined on the Map 11 -1.1.
The initial concept is to create a new
Commercial Transition Overlay future land use
category to which these properties would
belong. A variety of zoning districts (all the
commercial districts, RSF1, RMF, Industrial, and
Public) would be considered consistent with this
future land use category and development of the
lands would be permitted under current zoning.
However, properties within these outlined areas
will only be allowed to be rezoned to CLT, CPO
or RMF. The new Transitional Commercial
future land use category would also include
provision for mixed use in the form of
commercial use and residential use on the same
parcel. Map 11 -1.2 shows the same geographic
areas as shown on Map 11 -1.1, but portrays the
current zoning of these properties.
Resolution No. 11 -01 Page 32 of 105
11 -2
1 1
1
1_ 1
u f
1
CityLrn s
l� Proposed
Commercial Corridor
Indicates conflict being addressed
under Major Issue #2
FUTURE LAND USE CATEGORIES
SINGLE FAMILY
gm MULTI FAMILY
RESIDENTIAL MIXED USE
COMMERCIAL
INDUSTRIAL
PUBLIC FACILITIES
WATER
mor-imo am
1000 0
1000 2000 Feet
Prepared by. LaRue Planning Management Services. Inc
May. 2010
11 -3
Resolution No. 11 -01 Page 33 of 105
Major Issues
MAP 11-1.1
FUTURE LAND USE
IN COMMERCIAL CORRIDOR
rJ
1 1
1 1
1.L
1
I
�Gty Limits
Proposed
l� Commercial Corridor
!ndicates conflict being addressed
under Major Issue #2
ZONING DISTRICTS
H
RSF1
RMH
RSF2
RMF
CPO
CLT
NMI CBD
CHV
IND
PUB
PUD -R
PUD -M
1.
1000
0
MAP H-1.2
ZONING
IN COMMERCIAL CORRIDOR
1000 2000 Feet
Prepared by LaRue P!anning Management Services. Inc.
May. 20
11 -4
Resolution No. 11 -01 Page 34 of 105
Major issues
1
Effects of the proposal
The data in Table 1.1, following, show that there
are about 353 acres of land throughout the City
designated Commercial on the FLUM. Of this
total, 77 acres (22 are vacant.
TABLE 1.1
LANDS DESIGNATED COMMERCIAL ON FLUM
CITY -WIDE, 2009
ACRES
271
77
353
STATUS
Developed
Vacant
TOTAL
PERCENT
78%
22%
100%
Source: Okeechobee Property Appraiser's Database,
September, 2009
LaRue Planning Management Services,
Inc.
Within the boundaries of the proposed
commercial corridor there are approximately
429 acres of land of which 299 are presently
designated Commercial on the FLUM. Only 17%
of the acreage in the corridor is vacant, and this
is true for lands designated Commercial as well
as those carrying other future land use
designations.
TABLE 1.2
COMMERCIAL CORRIDOR CHARACTERISTICS
COMMERCIAL FLUC
Developed
Vacant
ALL OTHER FLUCs
Developed
Vacant
TOTAL ALL FLUCs
Single Family
Multi- Family
Commercial
Industrial
Public
Resolution No. 11 -01 Page 35 of 105
Major Issues
ACRES PERCENT
299 100%
249 84%
50 17%
130
108
22
429
69
32
299
9
20
100%
83%
17%
100
16%
8%
70%
2%
5%
Parts do not add to 100% due to internal rounding
Source: Okeechobee Property Appraiser's Database,
September, 2009
LaRue Planning Management Services, Inc.
11-5
After applying the standard Commercial future
land use category to geographic areas 7, 8, 11,
14, 16 and 18 and the new Transitional
Commercial category to geographic areas 1 6,
9, 10, 12, 13, 15 and 17 as shown on Map 11 -1.1,
the result is the distribution shown in Table 1.3.
This represents an increase in 25 acres of
standard Commercial and 76 acres of new
Transitional Commercial land on the FLUM.
TABLE 1.3
CHARACTERISTICS OF COMMERCIAL CORRIDOR
AFTER RECOMMENDED FLUM CHANGES
ACRES PERCENT
429 100%*
TOTAL ALL FLUCs
Single Family
Multi Family
Commercial
Transitional Commercial
Industrial
Public
0
0
324
76
9
20
0%
0%
76%
18%
2%
5%
Parts do not add to 100% due to internal rounding
Source: Okeechobee Property Appraiser's Database,
September, 2009
LaRue Planning Management Services,
Inc.
Social, Economic and Environmental
Impacts
Piecemeal change to the FLUM and Zoning Maps
generates uncertainty among residents in areas
where there is pressure for transition to
commercial use. This inhibits new residential
development and investment in residential
properties. However uncertainty regarding how
applications for land use and zoning changes will
be handled also inhibits new commercial
development, leaving some residential areas
bordering commercial corridors in a state of
"limbo unsure as to which uses will likely be
encouraged or allowed in the future. Resolving
this quandary in a comprehensive and proactive
manner will provide a greater degree of
Resolution No. 11 -01 Page 36 of 105
Major Issues
certainty to current owners of residential
properties as well as those interested in
transitioning to commercial or mixed use.
Identification of Comprehensive Plan
Elements Impacted and Assessment of
Effects on Specific Objectives
Future Land Use Element
Objective 12: By the year 2002, the Unified
Land Development Code shall be revised to
specifically encourage redevelopment, infill
development, compatibility with adjacent uses,
and curtailment of uses inconsistent with the
character and land uses of surrounding areas,
and shall discourage urban sprawl, as provided
in the following policy... (Refers to Policy 12.1
and sub -items a g.)
A considered, limited, and consistent
approach to allow expansion of
commercial and mixed -use opportunities
gradually outward from established
commercial corridors will eliminate
uncertainty and foster infill and
compatibility with existing development.
Recommendations
The following revisions are recommended to the
Future Land Use Element to implement the
City's desire to provide for additional flexibility
and increased commercial development
opportunities in close proximity to US 441 and
SR 70, the major east -west and north -south
arterials serving the City and surrounding
unincorporated areas. Specific text incorporated
into the EAR -based amendment, however, may
differ from that presented herein.
11 -6
Add a new Policy 2.1 (g) to the Future Land Use
Element creating a Transitional Commercial
Future Land Use Category (FLUC) to read as
follows:
Policy 2.1 (g) Transitional Commercial
Overlay.
This category is intended to provide additional
and varied commercial opportunities in locations
in close proximity to the City's major arterials
and adjacent to residential areas. Allowable
uses include a wide variety of residential,
commercial, industrial and public and semi-
public uses as allowed within the RSF1, RMF,
CPO, CLT, CHV CBD, IND and PUB zoning
districts. However, any rezoning of lands within
this Future Land Use Category subsequent to the
adoption of this FLUC shall be only to the RMF,
CLT or CPO zoning districts, thereby providing a
transition from more intense development along
the major arterials to lesser intensity closer to
residential areas. Mixed residential and
commercial uses may be allowed on the same
parcel.
Resolution No. 11 -01 Page 37 of 105
Major Issues
11-7
Major Issue 2: The need to eliminate
inconsistencies between the Official
Zoning Map and the Future Land Use
Map (FLUM).
Issue Description and Analysis
There are some 111 geographic areas in the City
that have been identified as being zoned
inconsistently with their designations on the
Future Land Use Map (FLUM). Most of these
areas are made up of multiple parcels and some
contain quite a few parcels. The areas where
the conflicts have been identified are shown on
Maps 11 -2.1 and 11 -2.2 and the Future Land Use
Category and Zoning classification of each area
are shown in Table 2.1.
Social, Economic and Environmental
Impacts
State law requires that the Zoning Map and its
attendant regulations be consistent and
implement the Future Land Use Map and
Comprehensive Plan. At best, inconsistencies
perpetuate confusion regarding how properties
may be developed. At worst, they result in
inadvertent approval and /or development that is
inappropriate and thwart the community's
achieving its desired pattern of development.
Perpetuation of inconsistencies results in
piecemeal and /or changes to the FLUM. This is
inefficient and expensive to the individual
property owner and /or the local government.
Resolution No. 11 -01 Page 38 of 105
Major Issues
Identification of Comprehensive Plan
Elements Impacted and Assessment of
Effects on Specific Objectives
Future Land Use Element
Objective 2: The City of Okeechobee shall
continue to ensure that all new development is
consistent with the Future Land Use Element.
The persistence of inconsistencies is in
contravention to the intent of this
objective and limits predictable
development. Concentrated effort by the
City to address this local issue will more
fully implement this Objective.
Objective 3: The City of Okeechobee shall
continue to work toward the elimination or
reduction in size or intensity of existing land uses
and zoning designations which are not
consistent with the Future Land Use Element.
After more than a decade of piecemeal
changes, many inconsistencies still remain.
The City is taking this opportunity during
the EAR process and subsequent EAR
based Amendments to undertake a
concerted and coordinated approach to
correcting the remaining inconsistencies.
This will provide property owners and
others interested in living, working and
doing business in the City with clear and
predictable direction for development
within the City.
Objective 12: By the year 2002, the Unified
Land Development Code shall be revised to
specifically encourage redevelopment, infill
development, compatibility with adjacent uses,
and curtailment of uses inconsistent with the
character and land uses of surrounding areas,
and shall discourage urban sprawl, as provided
in the following policies....(refers to Policy 12.1
and sub -items a g.
11 -8
Recommendations
The original FLUM was prepared based on what
appears to have been mainly an effort to
recognize existing land uses and which has
resulted in a less than consistent future land use
pattern. This causes uncertainty among property
owners as to what one may likely expect as
allowable uses on the property.
Resolution of conflicts between the Future Land
Use Map and the Zoning Map is a serious
matter, but not one requiring a change to
existing policies, or the addition of new policies.
Current policies in the Plan are adequate.
During formulation of the EAR -based
Amendments, each of the conflicts should be
evaluated leading either to a change in the
Zoning to be consistent with the Plan or a
change in the Future Land Use Map to more
appropriately reflect the current City policy for
development on the individual property with
respect to its surrounding environment.
Examples of factors that could be considered in
evaluating the appropriate future land use
category or zoning to be applied to the individual
properties include:
1. The existing use on the property and
surrounding properties and the potential
impacts upon surrounding uses indicating
the property's appropriateness for either
residential or nonresidential uses;
2. The appropriateness of the property from
the standpoint of accessibility, both
vehicular and pedestrian, for future
development in either residential or
nonresidential use;
Resolution No. 11 -01 Page 39 of 105
Major Issues
3. The property's proximity to an area that is
predominantly zoned for single family
residential uses.
4. The property's proximity to public facilities
including major roadways, recreation, or
public and semi public facilities.
5. Preserving existing land use pattern,
particularly in the case of protecting
single family neighborhoods from the
encroachment of more intense uses.
6. A comparison of the historic demand for
multi family housing and the allocation of
lands designated for multi family use on
the FLUM and /or Zoning Map.
11 -9
MAP ID FLU ZONING MAP ID FLU ZONING MAP ID FLU ZONING
1 SF RMF 40 SF CPO 79 SF CHV
2 SF RMF 41 SF IND 80 COM H
3 COM RMF 42 SF RMF 81 COM RMF
4 COM RMF 43 SF RMF 82 RMF CHV
5 SF RMF 44 IND RMF 83 SF IND
6 COM RMF 45 SF RMF 84 SF IND
7 SF RMF 46 SF RMF 85 COM IND
8 COM RMF 47 COM RMF 86 COM RSF1
9 SF RMF 48 NONE, COM IND, CBD 87 COM RSF1
10 MF, SF C HV, RMF &CHV 49 SV CHV 88 MF CHV
11 SF MF 50 PUB RSF1 89 MF RSF1
12 SF PUB 51 IND CHV 90 COM RMF
13 SF PUB 52 SF IND 91 MF RSF1
14 SF RMF 53 SF RMF 92 COM PUL
15 SF IND 54 COM RMF 93 COM RMF
16 COM IND 55 COM RMF 94 COM RMF
17 SF IND 56 M CHV 95 COM RSF1
18 SF RMF 57 SF RMF 96 SF CHV
19 COM RSF1 58 COM RMF 97 SF CHV
20 IND CHV 59 SF RMF 98 SF CHV
21 SF IND 60 SF PUB 99 SF RMF
22 SF IND 61 SF CLT 100 SF RMF
23 SF RMF 62 COM RMF 101 COM RMF
24 SF IND 63 PUB RSF1 102 SF RMF
25 NONE, SF IND 64 SF PUB 103 SF, COM RMF
26 SF IND 65 COM RSF1 104 SF RMF
27 COM IND 66 COM RSF1 105 SF RMF
28 SF IND 67 COM RSF1 106 SF PUB
29 SF IND 68 COM RSF1 107 SF RMF
30 COM UBD 69 COM RSF1 108 COM RMF
31 SF RMF 70 MF CHV 109 MF CHV
32 SF RMF 71 PUB RSF1 110 COM RSF1
33 SF, COM RMF 72 PUB CHV 111 SF CPO
34 SF CPO 73 PUB CHV
35 SF CPO 74 COM RSF1
36 SF CPO 75 COM RSF1
37 COM RMF 76 COM RSF1
38 PUB CPO 77 SF RMF
39 MF CPO 78 IND H
Table 2.1
City of Okeechobee FLUM and Zoning Conflicts
Resolution No. 11 -01 Page 40 of 105
Major Issues
11 -10
r
Inn nfis 13F
,1
1
1 1= OM
11=
ME
21° 0
o .g
■'r7 __J d6
37 Nil
E
Conflict
S No Conflict
/V City Limits
Proposed
Commercial Corridor
FUTURE LAND USE CATEGORIES
SINGLE FAMILY
Nalli MULTI FAMILY
RESIDENTIAL MIXED USE
COMMERCIAL
INDUSTRIAL
I PUBLIC FACILITIES
WATER
81 60
71 G 73 74 6 -75
00 I," 19+ 36 95. 84 93
+.1 +n[ 103 tin 11 °`I 1167
110 128 t'7J 125
3 135 133
123
138 1 39 180 Y
X41 td?
157 .56 15.5
.8 P
139 170:1
172
1, 7=; 135
36
083 364
1000 0 1000 2000 Feet
Prepared by LaRue Planning Management Services. Inc
May. 2010
MAP 11 -2.1
FUTURE LAND USE MAP
Showing Zoning Conflicts
4.1 ADDIT
M,T.IjOr I SUBS
Resolution No. 11 -01 Page 41 of 105
5.6 55
'DO 101 02 03 104
197 ,6.6.
235
254 242 .•241 243
MI
130 ER
I33 ;"35 -••Ilie
11111111141■11•1111111111111111
oft P
ILJJ MI ri III
11 1
111
II IN
11
NMI
H
RSF 1
RMH
RSF2
R MF
gm CPO
CLT
CBD
CHV
IND
PUB
PUD-R
PUD-M
Water
ED conflict
No Conflict
A/ City Limits
111
1
1000 0 1000 2000 Feet
Prepared by: LaRue Planning Management Services, Inc
2010
11-12
Resolution No. 11-01 Page 42 of 105
Nil a or 1.ssues
MAP H-2.2
ZONING MAP
Showing Conflicts With FLUM
Major Issue 3: The need to re-
examine the Taylor Creek area and
related Plan Policies in order to allow
development that would not degrade
its water quality.
Issue Description and Analysis
Taylor Creek is the only significant water body
within the City. It flows southward through the
eastern half of the City to Lake Okeechobee. to
the City's 1998 EAR, Taylor Creek was identified
as a major contributor of phosphorus into Lake
Okeechobee due to agricultural activities within
its basin. Urban runoff carrying oil, fertilizers and
various chemicals had a substantial effect on the
Creek's water quality. Adding to the problem
was the proliferation of septic tanks in the City,
and a high water table, which impaired the
ability of the wastewater treatment plant to
dispose of effluent through spray irrigation.
Development along Taylor Creek itself has been
limited. To improve water quality in the area,
the City protected the Creek from development
of a type and intensity that would disrupt the
Creek's natural functions. Land development
regulations were strictly enforced and ensured
that new development, regardless of its location,
did not degrade water quality in the Creek. In
2006, the City adopted Amendments to its
Comprehensive Plan to enhance the protection
of water quality in Taylor Creek and Lake
Okeechobee.
The City allows only low- impact residential
development along Taylor Creek. Over the years,
however, and especially during the housing
boom, the City received requests to develop
land along the Creek. These could have had a
substantial impact on the Creek and were
eventually denied because of the City's strict
protection measures.
Resolution No. 11 -01 Page 43 of 105
Major Issues
Water quality in and around the City has
improved significantly. The City is re- examining
the policies which regulate development in the
area to determine what kind of development,
could be allowed along Taylor Creek without
degrading its water quality.
Recent efforts by the South Florida Water
Management District (SFWMD) to construct
Stormwater Treatment Areas (STAs) have served
as a catalyst for considering greater flexibility in
allowing development in the area. However, if
greater flexibility of development is allowed
along the Creek, care must be taken to employ
planning tools that will continue protecting
Taylor Creek.
Social, Economic and Environmental
Impacts
In Florida, untreated stormwater runoff
contributes to the pollutants entering our rivers,
lakes and streams. Untreated stormwater run off
carries pet wastes, road residues, pesticides,
fertilizers and other pollutants into our
waterways. Natural processes that would
otherwise retain, cleanse and filter stormwater
have been reduced by the impervious surfaces
(e.g. rooftops and roads) associated with
traditional urban development.
11 -13
Florida is still growing and soon the demand for
water by an increasing population may surpass
the available water supply. Reducing stormwater
runoff is one good way to help stretch the water
supply. Water conservation, whether in the
shower or on the lawn, must become an integral
part of each individual's lifestyle and that of the
community as a whole. To preserve the City's
quality of life, we must consider ways to
implement new ideas and different ways of
developing.
Identification of Comprehensive Plan
Elements Impacted and Assessment of
Effects on Specific Objectives
Only three Elements of the Comprehensive Plan
are impacted by this major issue: the Future
Land Use, Infrastructure and Conservation
Elements. Specific objectives and the impacts on
these objectives are discussed below.
Future Land Use Element
Objective 7: The City of Okeechobee shall
continue to protect significant natural and
historic resources.
Resolution No. 11 -01 Page 44 of 105
Major Issues
This objective is impacted because it
requires the City to protect natural
resources. There are several policies related
to this objective which regulate
development along Taylor Creek.
Objective 9: The City of Okeechobee shall
continue to ensure that proposed land use
activities in the Taylor Creek area are not
inconsistent with the Resource Management
Plan for the Lower Kissimmee River and Taylor
Creek Drainage Basis, prepared pursuant to
Chapter 380, Florida Statutes.
This objective is impacted because it sets
regulatory procedures for eliminating
inconsistent land uses along Taylor Creek.
Sanitary Sewer, Solid Waste, Drainage, Potable
Water and Natural Groundwater Aquifer
Recharge Element
Objective 6: The City shall continue to include,
as part of its land development revision,
stormwater drainage regulations providing for
the protection of natural drainage features and
provisions for ensuring that all future
development utilizes appropriate stormwater
techniques.
This objective is impacted because it
requires the City to adopt and enforce a
stormwater management plan which
provides protection measures for the Taylor
Creek Drainage Basin area.
Conservation Element
Objective 2: The City of Okeechobee shall
continue to implement programs and policies to
conserve the supply and maintain the quality of
current and projected potable water sources, as
well as protect the quality of surface water.
This objective is impacted because it
requires the City to conserve and protect
water sources and surface water quality.
11-14
Objective 5: The City of Okeechobee shall
continue to manage hazardous wastes, establish
criteria for identification of environmentally
sensitive areas, and regulate land uses so as to
preserve natural resources.
This objective is impacted because specific
policies within it ensure that no
development will be allowed in the City
which could degrade the water quality of
Taylor Creek.
Objective 6: To improve the water quality of
Taylor Creek by 2010, the City shall develop a
program to set limits as to the amount of
nitrogen and phosphorus that can be discharged
into the Creek.
This objective is impacted because it
specifically discusses measures to protect
the Creek. Implementing policies allow for
transfer of development rights, cooperation
with the SFWMD for suggestions of
improving water quality, and adopting best
management practices (BMPs) to ensure
maximum potential treatment of
stormwater.
Recommendations
Low impact development (LID) is an approach to
land development that uses various land
planning, design and construction practices to
simultaneously conserve and protect natural
resource systems while reducing infrastructure
costs. Designing an individual site to replicate
predevelopment hydrology can reduce a
development's impact on the natural systems.
LID strategies depart from the centralized
method of collecting, conveying and discharging
stormwater. The LID techniques minimize
impervious areas and store and treat
stormwater in a more distributed fashion.
Some common LID practices include: vegetated
swales, buffers and strips; end -of- island
bioretention cells; green roofs; and tree or
Resolution No. 11 -01 Page 45 of 105
Major Issues
natural preservation areas. The City may
consider helping developers seek funding assist-
ance for applying such practices and bonus
densities. In addition, the City may consider fast
tracking the permitting process for develop-
ments which incorporate LID techniques.
It is recommended that the City provide design
standards for LID measures which would benefit,
not just the Taylor Creek area, but the City as a
whole.
LID practices may also be useful in addressing
development in the City's downtown area as
discussed under Major Issue 4, following.
A new policy, 10.4, should be added to the
Future Land Use Element as follows:
Policy: By year -end 2020, the City will
prepare Low Impact Development
(LID) guidelines for both residential
and non residential development.
These guidelines should include a
provision for a moderate density
bonus for development along Taylor
Creek that meets the LID standards.
II -15
Major Issue 4: The need to establish
compatible and consistent urban
design standards for the City's
Downtown Area.
Issue Description and Analysis
Downtown Okeechobee, as outlined on Figure
4.1, is the heart of the City of Okeechobee and
its economic vitality is of great importance to its
future health. The City has coordinated with
Okeechobee Main Street and Okeechobee
County and significant progress has been
achieved in addressing the Downtown Area over
the past ten years. However, these efforts have
shown that more improvements are still needed
to give the City's Downtown Area a unique look,
improve pedestrian activity, and create a more
pleasant shopping environment.
Urban design standards provide a planning tool
useful in achieving a more uniform downtown
area and a public realm of attractive and com-
fortable places in which residents and visitors
will feel inclined to live and visit. These principles
will help to define the community character by
manipulating blocks and streets, building
setbacks, landscape, building height and
massing, and architectural articulation. If applied
to site planning and architecture, urban design
concepts can result in public spaces, including
streets that adequately accommodate and
enhance both pedestrian and automobile use.
Urban design can produce development
sympathetic to human scale and increased
pedestrian participation. Successful urban design
produces diversity, distinctiveness and a sense of
place in a community.
Resolution No. 11 -01 Page 46 of 105
Major Issues
As revealed at the Okeechobee Visioning
Workshop,
"the City is at the crossroads between
the inevitable rural lifestyle transitioning
to urban, as evidenced by ever
increasing traffic and new developments
and efforts to maintain its unique quality
of life. The City /County could chart their
future by a vision to position themselves
as the gateway to Lake Okeechobee and
to capitalize on their location and
potential as a major eco- tourism
destination, or let others take the lead.
Okeechobee Main Street is playing a
major role in exploring and promoting
those physical attributes that are most
likely to transform the City as a gateway
to Lake Okeechobee through the
introduction of appropriate rural and
urban design features."
The Visioning Session showed that areas of
opportunity exist within the City which opens
the door for future master planning and corridor
planning efforts. The opportunity areas were
selected to introduce design feature treatments
to generate the momentum necessary to
incrementally transform the downtown area to a
unique destination, with high design qualities.
11 -16
The rural and urban design measures in the
opportunity areas include:
Gateway Treatments (Rural /Urban)
o Lighting
o Murals
o Signage
Median Treatments (Rural /Urban)
Intersection Treatments /Traffic
Calming /Roundabouts
Judicial Center
Adaptive Reuse of the Old Jail /Railroad
Depot
Urban design standards can encourage both
private and public projects to recognize,
preserve, and enhance the form, scale, and
visual character that make downtown unique
within the City and the region. These guidelines
will be designed to:
1. Assure the long term economic vitality
of the Downtown area;
2. Establish a pedestrian district;
3. Provide improved links along NE and SE
Park Street between NW /SW 7th Avenue
to NE /SE 5 Avenue;
4. Locate and build additional public
places;
5. Design and construct streetscape
improvements throughout the
Downtown Area;
6. Maintain the historic character;
7. Expand the role of the arts and public
events Downtown;
8. Encourage residential uses near to and
in the Downtown area;
9. Provide better access to the downtown
for alternative transportation modes;
and
10. Improve parking.
Resolution No. 11 -01 Page 47 of 105
Major Issues
11-17
No
Future Land Use Category
SINGLE FAMILY
MULTI FAMILY
RESIDENTIAL MIXED USE
commERG■AL
INDUSTRIAL
PUBLIC FACILITIES
Figure 4.1
COMBINED MAIN STREET LPA AND DTA BOUNDARIES
204
SE iii St
98– 0 5
97 96 1
1 01 102 103 104 10j
0
130 -2 129'
0
133 134
179
cn
Ct,1t �ih C,
D Expanded DTA Area
Original DTA Boundary
208 °2
CC n h C
400 0 400 800 Feet
Major Issues
03
87 1 86 85 84
110 118
114 1If
NE 2 ^.d St. t paper Street: 0
1
Social, Economic and Environmental
Impacts
The development of urban design standards will
have a profound impact on the economic, social
and environmental growth of the City. From an
economic standpoint, upholding design
standards provides a more aesthetically pleasing
environment and provides a more inviting
atmosphere for prospective residents and
businesses. Moreover, requiring all
developments and substantial redevelopments
to adhere to visual and architectural standards
will help maintain property values and reduce
the number of blighted structures. As stated
earlier, Downtown Okeechobee is the heart of
the City. Developing urban design guidelines will
help the City to balance the need for economic
vitality with the need to maintain and enhance
Downtown's unique sense of place.
The environmentally oriented regulations such
as the LID principles discussed in Major Issue 3
will allow the City to take advantage of its
natural resources, both from a marketing
standpoint and by maximizing recreational
activities for residents and visitors.
From a social perspective, the City will benefit
from the "pride of ownership" its citizens feel as
the result of being part of community that has
an identifiable character and personality. This
pride of ownership will enhance the strong sense
of community that already exists in Okeechobee
and may result in increased citizen participation
and upkeep of land and structures.
Identification of Comprehensive Plan
Elements Impacted and Assessment of
Effects on Specific Objectives
The Future Land Use and Transportation
Elements of the Comprehensive Plan are
impacted by this major issue. Specific objectives
Future Land Use Element
This objective
requires the
redevelopment.
Resolution No. 11 -01 Page 49 of 105
Major Issues
and the impacts on these objectives are
discussed below.
Objective 7: The City of Okeechobee shall
continue to protect significant natural and
historic resources.
This objective is impacted because it
requires the City to protect historic
resources.
Objective 8: The City of Okeechobee shall
continue to encourage the redevelopment and
renewal of blighted areas.
is impacted because it
City to encourage
Objective 10: The City of Okeechobee shall
continue to promote the various and innovative
land development techniques.
This objective is impacted as it relates to
land development regulations which protect
the public and preserve natural features.
Objective 12: By the year 2002, the Unified Land
Development Code shall be revised to specifically
encourage redevelopment, infill development,
compatibility with adjacent uses, and
curtailment of uses inconsistent with the
character and land uses of surrounding areas,
and shall discourage urban sprawl, as provided
in the following policies.
This objective is impacted because it
requires the Unified Land Development
Code to regulate the use, intensity and
location of land development, ensure safe
and convenient traffic flows, and encourages
development consistent with the character
of the surrounding area.
11-19
Traffic Circulation Element
Objective 6: The City of Okeechobee shall
continue to implement a program for providing
roadway needs that integrates acceptable design
standards.
This objective is impacted because it
requires the City to enforce regulations
within its Land Development Code which
protects and enhances roadways.
Objective 8: The City of Okeechobee shall
continue to coordinate development with the
provision of adequate motorized and non
motorized transportation facilities.
This objective is impacted because policies
within it require the City to enforce
regulations within its Land Development
Code and provide for sidewalks and
bikepaths.
Recommendations
The following revisions to the Comprehensive
Plan are recommended to address this major
issue although the specific text incorporated into
the subsequent EAR -based amendment may
differ.
Future Land Use Element
Objective: The City of Okeechobee shall
improve the visual and aesthetic
appearance of the City through the
development and implementation of
urban design, architectural and
landscape guidelines for the
Downtown Area.
Policy: The City shall develop architectural
design review standards for
commercial structures located along
NE Park Street, SE Park Street and
U.S 441.
Traffic Circulation Element
Resolution No. 11 -01 Page 50 of 105
Major Issues
Objective: The City shall improve the aesthetic
qualities and appearance of
roadways, and their adjacent land
uses.
Policy: By 2020, the City shall incorporate
into its Unified Land Development
Code architectural review and
design guidelines for commercial
development for properties within
the Downtown Area along NE Park
Street, SE Park Street and U.S. 441.
Other considerations should include
shared parking; parcel inter
connectivity; increased landscaping
requirements; requirements for
mechanical irrigation systems; and
standards for Low Impact
Development (LID) concepts.
Policy: The City shall initiate development
of a comprehensive "streetscape"
plan for the Downtown Area which
should include unifying landscape
design for medians, street trees and
urban design /LID considerations.
Policy: Initial emphasis shall be given to
improving the appearance and
aesthetics of NE Park Street, SE Park
Street, SR 70, and US 441, each of
which are gateways to the City.
11 -20
Major Issue 5: The need to
emphasize pedestrian connectivity
and establish streetscape standards
within the City.
Issue Description and Analysis
The public image created by the visual quality of
the City's streets, sidewalks, and landscaping is
important. People like attractive and well cared
for environments within which to shop and
work. The care and maintenance of the City's
walkable areas adds value to the City and
improves public safety.
The City is promoting urban design guidelines
within its Downtown Area to assure the long
term economic vitality of the Downtown Area,
establish a pedestrian district, and to design and
construct streetscape improvements throughout
the Downtown area. However, pedestrian
connectivity and streetscape standards should
be implemented throughout the City. A vital
element for achieving sustainability is reducing
the City's dependence on vehicular travel. The
term "pedestrian connectivity" is introduced as a
measure of both the directness of route and the
route distance for the pedestrian for each home
destination trip. Pedestrian friendly streets
should be designed to be more accommodating
Resolution No. 11 -01 Page 51 of 105
Major Issues
to pedestrian traffic than are conventionally
designed streets.
Pedestrian friendly streets are an increasingly
popular design strategy for creating walkable
neighborhoods. This trend is associated with
smart growth. Reduced energy consumption,
and therefore greater sustainability, may be
achieved by having neighborhoods retrofitted in
such a way as to allow people to walk for some
of their needs. The City is working to establish a
positive balance between vehicular and
pedestrian use of the streets.
Social, Economic and Environmental
Impacts
Sidewalks and waikability have long been
synonymous with the small town, low- density
residential feel that Okeechobee embraces.
Efforts to calm traffic in walkable environments
through street design have demonstrated a
reduction in accident severity, accident
frequency, and environmental impact. Well
designed sidewalks provide the necessary
comfort, safety, and sense of welcome to
support walking.
11 -21
Identification of Comprehensive Plan
Elements Impacted and Assessment of
Effects on Specific Objectives
The Transportation Element of the
Comprehensive Plan is impacted by this major
issue. Specific objectives and the impacts on
these objectives are discussed below.
Traffic Circulation Element
Objective 6: The City of Okeechobee shall
continue to implement a program for providing
roadway needs that integrates acceptable design
standards.
This objective is impacted because it
requires the City to enforce regulations
within its Land Development Code which
protects and enhances roadways.
Objective 8: The City of Okeechobee shall
continue to coordinate development with the
provision of adequate motorized and non
motorized transportation facilities.
This objective is impacted because policies
within it require the City to enforce
regulations within its Land Development
Code and provide for sidewalks and
bikepaths.
Recommendations
The following revisions to the Comprehensive
Plan are recommended to address this major
issue although the specific text incorporated into
the subsequent EAR -based amendment may
differ.
Traffic Circulation Element
Policy 8.6: By year end 2020, the City of
Okeechobee shall adopt a
Streetscape, Sidewalk, and
Resolution No. 11 -01 Page 52 of 105
Major Issues
Landscaping Plan providing design
guidelines that address pedestrian
and bicycle accessibility, urban
design and accepted traffic calming
techniques. The Streetscape,
Sidewalk, and Landscape Plan shall
show locations throughout the City
considered appropriate for
sidewalks. Said Plan shall include a
provision to coordinate the
construction of sidewalks with
utilities' relocation or expansion
plans.
Policy 8.7: The City shall include in its Land
Development Code, provisions to
require construction of sidewalks
along street frontages, as set forth in
its Streetscape and Landscaping
Plan, for all new construction of
residential or nonresidential
construction or conversion from
residential to non residential use;
except that new construction of an
individual single- family or an
individual duplex structure shall be
exempt from this requirement.
11 -22
Pursuant to Florida Statutes, §163.3191(2)(j), this
Section of the Report identifies any corrective
measures, including whether Plan Amendments are
anticipated to the major issues identified and
analyzed in this Report. The following
recommendations are categorized by: 1) issues of
major concern; 2) changes due to state law; and 3)
other changes.
1. Recommended Comprehensive
Plan Amendments Based on Issues
of Major Concern
Major Issue 1: The need to provide for a
transition from residential use to
commercial use in certain areas of the
City.
Future Land Use Element
The new Transitional Commercial Future Land Use
category would also include provision for mixed use
in the form of commercial use and residential use on
the same parcel.
The following revisions are recommended to the
Future Land Use Element to implement the City's
desire to provide for additional flexibility and
increased commercial development opportunities in
close proximity to US 441 and SR 70, the major east
west and north -south arterials serving the City and
surrounding unincorporated areas. Specific text
incorporated into the EAR -based amendment,
however, may differ from that presented herein.
Add a new Policy 2.1 (g) to the Future Land Use
Element creating a Transitional Commercial Future
Land Use Category (FLUC) to read as follows:
Policy 2.1 (a) Transitional Commercial Overlay.
This category is intended to provide additional and
varied commercial opportunities in locations in close
proximity to the City's major arterials and adjacent
to residential areas. Allowable uses include a wide
Resolution No. 11 -01 Page 53 of 105
Recommendations
variety of residential, commercial, industrial and
public and semi public uses as allowed within the
RSF1, RMF, CPO, CLT, CHV CBD, IND and PUB zoning
districts. However, any rezoning of lands within this
Future Land Use Category subsequent to the
adoption of this FLUC shall be only to the RMF, CLT
or CPO zoning districts, thereby providing a
transition from more intense development along the
major arterials to lesser intensity closer to
residential areas. Mixed residential and commercial
uses may be allowed on the same parcel.
Major Issue 2: The need to eliminate
inconsistencies between the Official
Zoning Map and the Future Land Use
Map (FLUM).
There are no specific language changes, but
identified conflicts will be eliminated during the EAR
based Amendments.
Major Issue 3: The need to re- examine
the Taylor Creek area and related Plan
Policies in order to allow development
that would not degrade its water
quality.
Future Land Use Element
A new policy, 10.4, should be added to the Future
Land Use Element as follows:
Policy 10.4: By year -end 2020, the City will
prepare Low Impact Development (LID)
guidelines for both residential and non-
residential development. These guidelines
should include a provision for a moderate
density bonus for development along Taylor
Creek that meets the LID standards.
Major Issue 4: The need to establish
compatible and consistent urban design
standards for the City's Downtown Area.
Future Land Use Element
Objective: The City of Okeechobee shall improve
the visual and aesthetic appearance of
the City through the development and
implementation of urban design,
architectural and landscape guidelines.
Policy: The City shall develop architectural
design review standards for commercial
structures located along NE Park Street,
SE Park Street and U.S 441.
Traffic Circulation Element
Objective: The City shall improve the aesthetic
qualities and appearance of roadways,
and their adjacent land uses.
Policy: By 2020, the City shall incorporate into
its Unified Land Development Code
architectural review and design
guidelines for commercial development
for properties within the Downtown
Area along NE Park Street, SE Park Street
and U.S. 441. Other considerations
should include shared parking; parcel
inter connectivity; increased landscaping
requirements; requirements for
mechanical irrigation systems; and
standards for Low Impact Development
(LID) concepts.
Policy: The City shall initiate development of a
comprehensive "streetscape" plan for
the Downtown Area which should
include unifying landscape design for
medians, street trees and urban
design /LID considerations.
Recommendations
Policy: Initial emphasis shall be given to
improving the appearance and
aesthetics of NE Park Street, SE Park
Street, SR 70, and US 441, each of which
are gateways to the City.
Major Issue 5: The need to emphasize
pedestrian connectivity and establish
streetscape standards within the City.
Traffic Circulation Element
Policy 8.6: By December 2020, the City of
Okeechobee shall adopt a Streetscape,
Sidewalk, and Landscaping Plan
providing design guidelines that address
pedestrian and bicycle accessibility,
urban design and accepted traffic
calming techniques. The Streetscape,
Sidewalk, and Landscape Plan shall show
locations throughout the City considered
appropriate for sidewalks. Said Plan shall
include a provision to coordinate the
construction of sidewalks with utilities'
relocation or expansion plans.
Resolution No. 11 -01 Page 54 of 105
Policy 8.7: The City shall include in its Land
Development Code, provisions to
require construction of sidewalks along
street frontages, as set forth in its
Streetscape and Landscaping Plan, for all
new construction of residential or
nonresidential construction or
conversion from residential to non
residential use; except that new
construction of an individual single
family or an individual duplex structure
shall be exempt from this requirement.
III -2
2. Recommended Comprehensive
Plan Amendments Based on
Changes to State Law
As per House Bill 697 Promotion of Energy Efficient
Land Use Patterns and the Reduction of Greenhouse
Gas, a new objective and policies for the Future Land
Use Element is recommended to support this Bill.
Future Land Use Element
Objective The City will conserve and properly
manage energy consumption to the best
of the City's abilities and encourage
green design practices in new
development and redevelopment to
foster sustainable, energy efficient land
use patterns.
Policy
Policy The City will support energy
conservation measures and practices in
the administration, design, and
construction of City buildings and
facilities to reduce energy consumption
and tax dollars allocated for power and
fuel.
Policy
The City will support alternative modes
of travel as called for in the Traffic
Circulation Element to minimize fuel
consumption, promote energy- efficient
land use patterns, and reduce
greenhouse gas emissions.
The City will promote education of City
employees in energy conservation
measures and practices and promote
certification for energy conservation
practices.
Policy The City will support, as applicable,
incentives and programs by state and
federal governments to promote energy
efficiency and conservation and the use
of solar and other clean alternative
energy sources.
Policy The City will support, as applicable,
intergovernmental programs with
adjacent jurisdictions to promote energy
conservation and education.
Policy The City will support incentives and
programs by the state and federal
governments to promote green building
programs and best management
practices.
Policy The City will consider the provision of
incentives to support developers
interested in implementing green roof
design and the construction of green
roofs on appropriate public buildings as
feasible.
Traffic Circulation Element
Policy The Okeechobee City Council will
continue to coordinate with the Florida
Department of Transportation,
Okeechobee County, and the
Okeechobee County School Board
regarding roadway and multi purpose
walkway /bike paths needs.
Policy
Resolution No. 11 -01 Page 55 of 105
Recommendations
The City of Okeechobee is rural in nature
and dense multi -modal projects are not
anticipated in the near future. However,
the City will encourage multi -modal
projects that combine a number of
transit options including walkways,
bikeways, equestrian trails, and other
means of transportation as practicable.
111-3
Housing Element
Objective: In order to reduce maintenance and to
promote affordability, the City will
encourage green certified developments
such as LEED, Audubon and State green
certified projects.
Policy: By the end of 2013, the City will adopt
Land Development Code/ Regulations
that encourage energy efficient
development designs.
Conservation Element
Objective The City will promote incentives that
reduce greenhouse gas emissions and
support energy conservation initiatives.
Policy
The City will encourage green certified
developments such as LEED, Audubon
and State green certified projects.
Policy By the end of 2020, the City will adopt
Land Development Regulations that
encourage energy efficient development
designs that consider methods such as:
a. Infill development
b. Compact and clustered development
close to transit and services
c. Bicycle /pedestrian system
connecting all land uses
d. Provision of bicycle racks or storage
facilities
e. Cooperation in locating bus stops,
shelters and other passenger transit
systems
Efficient stormwater design
Preservation of environmentally
sensitive lands
h. Use of energy- efficient window
design
i. Use of operable windows and ceiling
fans
f.
g.
Resolution No. 11 -01 Page 56 of 105
Recommendations
Installation of energy efficient
appliances and equipment
k. Low —flow plumbing fixtures
I. Energy- efficient street lighting,
directed downward towards the
street
m. Selection of native plants, trees and
other vegetation and design features
that reduce watering requirements
and reduce the need for fertilizers
n. Encourage planting shade trees
o. Provision for structural shading
whenever practical when natural
shading cannot be used effectively
p. Orientation of structures, as
possible, to reduce solar heat gain by
walls and to utilize the natural
cooling effects of the wind
111-4
3. Other Changes
The horizon year of the current Comprehensive Plan
will be extended to 2020 for the EAR -based
Amendments. During the last round of Plan
Amendments, only objectives and policies related to
school concurrency and Taylor Creek were revised.
There remain a number of objectives and policies in
the current plan that need to be revised to reflect
their current status of progress. These target dates
will be specifically modified as appropriate during
the EAR -based Amendments.
Resolution No. 11 -01 Page 57 of 105
Recommendations
111-5
1992:
Changes to Chapter 163, F.S. 1986-2010
[Ch. 92 -129, Laws of Florida, and Ch. 92 -279, S. 77, Laws
Chapter 163, F.S. Citations N /A* Addressed Amendment Needed
(where /how) By Element
of Florida]
13
Clarified that the procedures for approval of the
original plans also applied to plan amendments.
[Now: 163.3189(2)(a)]
Procedural
14
Provided that the local planning agency should
prepare plan amendments.
163.3174
163.3164(13)[Now: (14)]
163.3221(10)[Now: (11)]
Procedural
15
Added "spoil disposal sites for maintenance
dredging located in the intracoastal waterways,
except for spoil disposal sites owned or used by
ports" to the definition of "public facilities."
163.3164(24)
No action
needed.
16
Added requirement that independent special
districts submit a public facilities report to the
appropriate local government.
163.3177(6)(h)2.
[Now: 163.3177(6)(h)3.]
Procedural
17
Extended "shield" against challenges to the portion
of Rule 9J -5 that was adopted before October 1,
1986, from July 11987 to April 1, 1993.
163.3177(10)(k)
Procedural
18
(11)(a): Recognized the need for innovative
planning and development strategies to address
the anticipated continued urbanization of the coast
and other environmentally sensitive areas.
163.3177
The EAR will recommend
innovative planning and
development strategies where
needed.
(11)(b): Stated that plans should allow land use
efficiencies within existing urban areas, and should
also allow for the conversion of rural lands to other
uses.
Future Land Use
Element Objective 2
(11)(c): Provided that plans and land development
regulations (LDRs) should maximize the use of
existing facilities and services through
redevelopment, urban infill, and other strategies
for urban revitalization.
Future Land Use
Element Objective 1
19
Amended definition of "affected person" to clarify
that the affected person's comments,
recommendations, or objections have to be
163.3184(1)(a)
Procedural
Appendix A: Changes to Chapter 163, FS
A -1
Appendices
A -2
Appendices
Changes to Chapter 163, F.S. 1986-2010
submitted to the local government after the
transmittal hearing for the plan amendment and
before the adoption of the amendment.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
20
Required the local government to include such
materials as DCA specifies by rule with each plan
amendment transmittal.
163.3184(3)(b)
Procedural
Copies of the EAR and related
amendments will be
transmitted to all relevant
parties as specified by this
statute.
21
Gave the local government 120 days, rather than
60 days, after receipt of the objections,
recommendations, and comments to adopt or
adopt with changes the plan or amendment; and
gives the local government 10 days, rather than 5
days, after adoption to transmit the adopted plan
or amendment to DCA. Also requires that a copy of
the adopted plan or amendment be transmitted to
the regional planning council.
163.3184(7)(a)
[Now: 163.3184(7)(c)1]
Procedural
The City will adopt or adopt
with changes, the
Comprehensive Plan within
120 days of receipt of the
Objections,
Recommendations, and
Comments, and will transmit
the adopted plan or
amendments to DCA and the
regional planning council in
the time required.
22
Provided that the Secretary of DCA, as well as a
"senior administrator other than the Secretary" can
issue a notice of intent (NO1).
163.3184(8)(b)
Procedural
23
Required that the Division of Administrative
Hearings hearing must be held "in the county of
and convenient to" the affected local jurisdiction.
163.3184(9)(b) (10)(a)
Procedural
Any required hearings will be
conducted in Okeechobee
County and convenient to the
City.
24
Provided that new issues cannot be raised
concerning plan compliance more than 21 days
after publication of the NO1.
163.3184(10)(a)
Procedural
25
Added a procedure for Compliance Agreements.
163.3184(16)
Procedural
In the event the City enters
into a compliance agreement,
the applicable procedures will
be followed.
26
Changed the requirements for small scale
amendments:
163.3187(1)(c)
A -2
Appendices
A -3
Appendices
Changes to Chapter 163, F.S. 1986 -2010
Increased the geographic size from 5 to 10 acres
of residential land use at a density of 10, rather
than 5, units per acre; and for other land use, an
increase from 3 to 10 acres. Also increased the
annual total from 30 to 60 acres.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
Allowed local governments to use a newspaper
ad of Tess than a quarter page in size.
Procedural
Authorized DCA to adopt rules establishing an
alternative process for public notice for small
scale amendments.
Procedural
Provided that small scale amendments require
only an adoption hearing.
Procedural
27
Provided that a plan amendment required by a
compliance agreement may be approved without
regard to the twice -a -year limitation on plan
amendments.
163.3187(1)(e)
[Now: 163.3187(1)(d)]
Procedural
28
Stated that nothing in the statute prevented a local
government from requiring a person requesting an
amendment to pay the cost of publication of
notice.
163.3187(5)
Procedural
29
Created an alternative process for amendment of
adopted comprehensive plans
163.3189
Procedural
30
Provided that the first EAR report is due 6 years
after the adoption of the comp plan, and
subsequent EAR reports are due every 5 years
thereafter.
163.3191(5)
[Now: 163.3191(13)]
Procedural
31
Amended the Development Agreement Act by
providing:
Procedural
Development agreements are not effective unless
the comp plan or plan amendments related to the
agreement are found in compliance.
163.3235
Development agreements are not effective until
properly recorded and until 30 days after received
by DCA.
163.3239
1993:
[Ch. 93 -206, Laws of Florida (aka the ELMS bill) and Ch. 93 -285, S. 12, Laws of Florida]
A -3
Appendices
32
Changes to Chapter 163, F.S. 1986-2010
Amended the intent section to include that
constitutionally protected property rights must be
respected.
Chapter 163, F.S. Citations
163.3161(9)
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
33
Added definitions for "coastal area "downtown
revitalization "Urban redevelopment "urban
infill "projects that promote public
transportation and "existing urban service area."
163.3164
Procedural
These definitions will be
considered in the preparation
of the EAR.
34
Amended the scope of the act to provide for the
articulation of state, regional, and local visions of
the future physical appearance and qualities of a
community.
163.3167(11)
Procedural
The EAR will include the state,
regional, and local visions of
the future physical
appearance of the City.
35
Amended the requirements for the housing
element by:
163.3177(6)(f)1.
Having the element apply to the jurisdiction,
rather than the area.
The Housing Element
applies to the entire
City.
Including very-low income housing in the types
of housing to be considered.
Housing Policy 1.9
Provided guidance that the creation or
preservation of affordable housing should
minimize the need for additional local services
and avoid the concentration of affordable
housing units only in specific areas.
Housing Element Data
and Analysis
Required DCA to prepare an affordable housing
needs assessment for all local jurisdictions,
which will be used by each local government in
preparing the EAR report and amendments,
unless DCA allows the local government to
prepare its own needs assessment.
(f)2.
Procedural
36.
Amended the intergovernmental coordination
element (ICE) by:
163.3177(6)(h)1. and 2.
Requiring each ICE to include:
A process to determine if development
proposals will have significant impacts on state
or regional facilities.
[Note: Requirement
deleted in 1996]
No action
needed.
Appendices
A -4
Appendices
A -5
Changes to Chapter 163, F.S. 1986-2010
A process for mitigating extra jurisdictional
impacts in the jurisdiction in which they occur.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
ICE Policy 2.4
Amendment Needed
By Element
A dispute resolution process.
ICE Policy 2.1
A process for modification of DRI development
orders without loss of recognized development
rights
No action
needed.
Procedures to identify and implement joint
planning areas
ICE Policy 7.5
Recognition of campus master plans.
There are no
campuses
within the
City's
boundaries.
ICE Policy 5.8
Requiring each county, all municipalities within
that county, the school board, and other service
providers to enter into formal agreements, and
include in their plans, joint processes for
collaborative planning and decision making.
ICE Objectives 1, 2, 3,
4, and 5
Requiring DCA to:
Adopt rules to establish minimum criteria for
ICE.
[Now: 163.3177(9)(h)
Procedural
Prepare a model ICE.
163.3177(9)(h)
Procedural
Establish a schedule for phased completion and
transmittal of ICE plan amendments.
163.3177(6)(h)5]
Procedural
37
Providing that amendments to implement the ICE
must be adopted no later than December 31, 1997
[Now: 1999].
Now: 163.3177(6)(h)5.
Procedural
38
Requiring a transportation element for urbanized
areas.
163.3177(6)(h)
[Now: 163.3177(6)(j)]
The City is not
an urbanized
area.
The City's
Comprehensive Plan
contains a Traffic
Circulation Element.
39
Adding an optional hazard mitigation /post disaster
redevelopment element for local governments that
are not required to have a coastal management
element.
163.3177(7)(1)
Voluntary. No
action
required.
Appendices
A -5
40
Changes to Chapter 163, F.S. 1986-2010
Requiring DCA to consider land use compatibility
issues near airports.
Chapter 163, F.S. Citations
163.3177(10)(1)
N /A*
No action
needed.
Addressed
(where /how)
Amendment Needed
By Element
41
Amended the coastal management element by:
163.3178
Defining "high hazard coastal areas" as category I
evacuation zones, and stated that mitigation and
redevelopment policies are at the discretion of the
local government.
(2)(h)
No action
needed.
Affirming the state's commitment to deepwater
ports, and required the Section 186.509 dispute
resolution process to reconcile inconsistencies
between port master plans and local comp plans.
(5)
No action
needed.
Encouraging local governments to adopt
countywide marina siting plans.
(6)
No action
needed.
Requiring coastal local governments to identify
spoil disposal sites in the future and use and port
elements.
(7)
No action
needed.
Requiring each county to establish a process for
identifying and prioritizing coastal properties for
state acquisition.
(8)
No action
needed.
42
Created a new section for concurrency which:
163.3180 [New]
Provides concurrency on a statewide basis only
for roads, sewers, solid waste, drainage, potable
water, parks and recreation, and mass transit; a
local government can extend concurrency to
public schools if it first conducts a study to
determine how the requirement would be met.
Traffic Circulation
Element Policy 2.1
Sanitary Sewer, Solid,
Etc Element Policy 1.1
Recreation and Open
Space Element Policy
7.1
Concurrency standards will be
updated and clarified.
Set timing standards for concurrency of:
Procedural
The Comprehensive Plan will
be amended to provide timing
standards.
For sewer, solid waste, drainage and potable
water facilities, in place no later than the
issuance of the certificate of occupancy.
For parks and recreation facilities, no later
than 1 year after issuance of certificate of
A -6
Appendices
A -7
Appendices
Changes to Chapter 163, F.S. 1986-2010
occupancy.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
For transportation facilities, in place or
under actual construction no later than 3
years after issuance of a certificate of
occupancy.
Allowing exemptions from transportation
concurrency for urban infill, urban
redevelopment and downtown revitalization.
Procedural
Allowing a de minimis transportation impact of
not more than 0.1% of the maximum volume of
the adopted level of service as an exemption
from concurrency.
Procedural
Authorizing the designation of transportation
management areas.
Procedural
Allowing urban redevelopment to create 110%
of the actual transportation impact caused by
existing development before complying with
concurrency.
Procedural
Authorizing local governments to adopt long-
range transportation concurrency management
systems with planning periods of up to 10 years
where significant backlogs exist.
The EAR will analyze whether
significant backlogs exist and
if so, recommend a long -range
transportation concurrency
system.
Requiring local governments to adopt the level-
of- service standard established by the
Department of Transportation for facilities on
the Florida Intrastate Highway System.
The City has adopted a
LOS "C" for US 441
consistent with FDOT
LOSS.
Allows development that does not meet
concurrency if the local government has failed
to implement the Capital Improvements
Element, and the developer makes a binding
commitment to pay the fair share of the cost of
the needed facility.
Procedural
43
Provided a procedure to ensure public
participation in the approval of a publicly financed
163.3181(3)
Procedural
A -7
Appendices
A -8
Appendices
Changes to Chapter 163, F.S. 1986-2010
capitol improvement.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
44
Amended the procedure for the adoption of plans
and plan amendments as follows:
163.3184
Proposed plans or amendments, and materials,
must be transmitted to the regional planning
councils, the water management districts, the
Department of Environmental Protection, and
the Department of Transportation as specified
in DCA's rules.
Procedural
DCA reviews amendments only upon the
request of the regional planning council, an
affected person, or the local government, or
those, which it wishes to review.
Procedural
The regional planning council's review of plan
amendments is limited to effects on regional
facilities or resources identified in the strategic
regional policy plan and extra jurisdictional
impacts.
Procedural
DCA may not require a local government to
duplicate or exceed a permitting program of a
state, federal, or regional agency.
Procedural
45
Prohibited local governments from amending their
comp plans after the date established for submittal
of the EAR report unless the report has been
submitted.
163.3187(5)
[Now: 163.3187(6)(a)]
Procedural
46
Changed the Alternative Process for the
amendment of adopted comp plans to the
Exclusive Process.
163.3189(1)
Procedural
47
Provided that plan amendments do not become
effective until DCA or the Administration
Commission issues a final order determining that
the amendment is in compliance.
163.3189(2)(a)
Procedural
48
Provides that the sanctions assessed by the
Administration Commission do not occur unless
the local government elects to make the
163.3189(2)(b)
Procedural
A -8
Appendices
A -9
Appendices
Changes to Chapter 163, F.S. 1986-2010
amendment effective despite the determination of
noncompliance.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
49
Authorizing the local government to demand
formal or informal mediation, or expeditious
resolution of the amendment proceeding.
163.3189(3)(a)
Procedural
50
Amended the Evaluation and Appraisal Report
section to require additional statements of.
163.3191
[Note: 163.3191 was
amended and reworded in
1998. Check statute for
current wording.]
The effect of change to the State
Comprehensive Plan, ch. 163, part II, 9j -5 and
the strategic regional policy pan
This document
reflects the City's
analysis of changes in
state law.
The identification of any actions that need to be
taken to address the planning issues identified
in the report.
The EAR identifies any
actions necessary to
address any planning
issues identified.
Proposed or anticipated changes.
This EAR includes
proposed /anticipated
amendments to the
Comprehensive Plan.
A description of the public transportation
process.
This EAR describes the
public participation
process.
Encourage local governments to use the EAR to
develop a local vision.
A vision statement will be
considered.
Allows DCA to grant 6 months extensions for the
adoption of the plan amendments required by
the EAR,
Procedural
Requires plan amendments to be consistent
with the report
Any plan amendments
will be consistent with
this EAR.
Allows municipalities of less than 2,500 to
submit the EAR no later than 12 years after
Procedural
A -9
Appendices
Appendices
A -10
Changes to Chapter 163, F.S. 1986-2010
initial plan, and every 10 years thereafter
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
Authorized DCA to review EAR for sufficiency,
but not for compliance. DCA authorized to
delegate review to the regional planning
council.
Procedural
Administration Commission is authorized to
impose sanctions for failure to timely
implement the EAR.
Procedural
DCA authorized to enter into interlocal
agreement with municipalities of less than
5,000 and counties of less than 50,000 to focus
planning efforts on selected issues when
updating the plans.
Procedural
1994 [Ch. 94 -273, S. 4, Laws of Florida]
51
A plan amendment for the location of a state
correctional facility can be made at any time, and
does not count toward the twice -a -year limitation.
163.3187(1)(f)
[Now: 163.3187(1)(e)]
No action
needed.
1995 [Ch. 95 -181, ss. 4 -5; Ch. 95 -257, ss. 2 -3; Ch. 95 -310, ss. 7 -12; Ch. 95 -322, ss. 1 -7; Ch. 95 -341, ss. 9, 10, and 12, Laws of Florida]
52
Required opportunities for mediation or alternative
dispute resolution where a property owner's
request for a comprehensive plan amendment is
denied by a local government [Subsection
163.3181(4)] and prior to a hearing where a plan or
plan amendment was determined by the DCA to be
not in compliance.
163.3184(10)(c)
Procedural
53
Added a definition for "transportation corridor
management" [Subsection 163.3164(30)] and
allowed the designation of transportation corridors
in the required traffic circulation and
transportation elements and the adoption of
transportation corridor management ordinances.
163.3177(6)(j)9. [New]
No action
needed. The
Traffic
Circulation
Element does
not designate
transportation
corridors.
54
Amended the definition of "public notice" and
certain public notice and public hearing
163.3164(18), 163.3171(3),
163.3174(1) and (4), and
Procedural
Appendices
A -10
A -11
Appendices
Changes to Chapter 163, F.S. 1986 2010
requirements to conform to the public notice and
hearing requirements for counties and
municipalities in Sections 125.66 and 166.041,
respectively.
Chapter 163, F.S. Citations
163.3181(3)(a),
163.3184(15)(a) -(c),
163.3187(1)(c)
N /A*
Addressed
(where /how)
Amendment Needed
By Element
55
Prohibited any initiative or referendum process
concerning any development order or
comprehensive plan or map amendment that
affects five or fewer parcels of land.
163.3167(12)
Procedural
56
Reduced to 30 [Note: changed to 20] days the time
for DCA to review comp plan amendments
resulting from a compliance agreement.
163.3184(8)(a)
Procedural
57
Amended the requirements for the advertisement
of DCA's notice of intent.
163.3184(8)(b)
Procedural
58
Required the administrative law judge to realign
the parties in a Division of Administrative Hearings
(DOAH) proceeding where a local government
adopts a plan amendment pursuant to a
compliance agreement.
163.3184(16)(f)
Procedural
59
Added clarifying language relative to those small
scale plan amendments that are exempt from the
twice per -year limitation and prohibited DCA
review of those small scale amendments that meet
the statutory criteria in Paragraph 163.3187(1)(c).
163.3187(1)(c) and (3)(a)-
(c)
Procedural
60
Required DCA to consider an increase in the annual
total acreage threshold for small scale
amendments. (later repealed by s. 16, Ch. 2000-
158, Laws of Florida).
163.3177(7)
Procedural
61
Required local planning agencies to provide
opportunities for involvement by district school
boards and community college boards.
163.3174(1)
The ICE will need to be revised
to be consistent with this
statute.
62
Required that the future land use element clearly
identify those land use categories where public
schools are allowed.
163.3177(6)(a)
Future Land Use
Element Policy 6.5
63
Established certain criteria for local governments
wanting to extend concurrency to public schools.
163.3180(1)(b)
[Now: 163.3180(13)]
No action
needed.
Procedural
A -11
Appendices
A -12
Appendices
Changes to Chapter 163, F.S. 1986-2010
(later amended by s. 5, Ch. 98 -176, Laws of
Florida).
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
1996:
[Ch. 96 -205, s. 1; Ch. 96 -320, ss. 10 -11; 96 -416, ss. 1 -6 15, Laws of Florida]
64
Substantially amended the criteria for small scale
amendments that are exempt from the twice -per-
year limitation.
163.3187(1)(c)
Procedural
65
Revised the objectives in the coastal management
element to include the maintenance of ports.
163.3177(6)(g)9.
No action
needed.
66
Provide that certain port related expansion
projects are not DRIs under certain conditions.
163.3178(2), (3), and (5)
No action
needed.
67
Allowed a county to designate areas on the future
land use plan for possible future municipal
incorporation.
163.3177(6)(a)
No action
needed.
68
Required the ICE to include consideration of the
plans of school boards and other units of local
government providing services but not having
regulatory authority over the use of land.
163.3177(6)(h)
ICE Objectives 1 and 2
69
Revised the processes and procedures to be
included in the ICE.
163.3177(6)(h)
The EAR will ensure that all
processes and procedures are
included.
70
Required that within 1 year after adopting their ICE
each county and all municipalities and school
boards therein establish by interlocal agreement
the joint processes consistent with their ICE.
163.3177(6)(h)2.
Interlocal Agreement
has been signed.
71
Required local governments who utilize school
concurrency to satisfy intergovernmental
coordination requirements of ss. 163.3177(6)(h)1.
163.3180(1)(b)2.
[Now: 163.3180(13)(g)]
No action
needed.
72
Permitted a county to adopt a municipal overlay
amendment to address future possible municipal
incorporation of a specific geographic area.
163.3217
No action
needed.
73
Authorized DCA to conduct a sustainable
communities demonstration project.
163.3244
[Now: Repealed.]
Procedural
1997:
[Ch. 97 -253, ss. 1 -4, Laws of Florida]
74
Amended the definition of de minimis impact as it
pertains to concurrency requirements.
163.3180(6)
Procedural
A -12
Appendices
75
Changes to Chapter 163, F.S. 1986-2010
Established that no plan or plan amendment in an
area of critical state concern is effective until found
in compliance by a final order.
Chapter 163, F.S. Citations
163.3184(14)
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
76
Amended the criteria for the annual effect of Duval
163.3187(1)(c)1.a.III
No action
County (Jacksonville) small scale amendments to a
maximum of 120 acres.
needed
77
Prohibited amendments in areas of critical state
concern from becoming effective if not in
compliance.
163.3189(2)(b)
Procedural
1998:
[Ch. 98 -75, s. 14; Ch. 146, ss. 2 -5; Ch. 98 -176, ss. 2 -6 and 12 -15; Ch. 98 -258, ss. 4 -5, Laws of Florida]
78
Exempted brownfield area amendments from the
twice -a -year limitation.
163.3187(1)(g)
Procedural
79
Required that the capital improvements element
set forth standards for the management of debt.
163.3177(3)(a)4.
CIE Policy 4.2
80
Required inclusion of at least two planning periods
163.3177(5)(a)
Procedural
at least 5 years and at least 10 years.
81
Allowed multiple individual plan amendments to
be considered together as one amendment cycle.
163.3184(3)(d)
Procedural
82
Defined "optional sector plan" and created Section
163.3164(31) and
Procedural
163.3245 allowing local governments to address
163.3245
DRI issues within certain identified geographic
areas.
83
Established the requirements for a public school
facilities element.
163.3177(12)
The Public Schools
Facilities Element has
been adopted.
84
Established the minimum requirements for
163.3180(12)
Public School Facilities
imposing school concurrency.
[Now: Section (13)]
Element
85
Required DCA adopt minimum criteria for the
163.3180(13)
Public School Facilities
compliance determination of a public school
facilities element imposing school concurrency.
[Now: Sectionl4)]
Element
86
Required that evaluation and appraisal reports
163.3191(2)(i)
This EAR addresses
address coordination of the comp plan with
existing public schools and the school district's 5-
year work program.
[Now: 163.3191(2)(k)]
this issue.
87
Amended the definition of "in compliance" to
163.3184(1)(b)
Procedural
A -13
Appendices
A -14
Appendices
Changes to Chapter 163, F.S. 1986-2010
include consistency with Sections 163.3180 and
163.3245.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
88
Required DCA to maintain a file with all documents
received or generated by DCA relating to plan
amendments and identify; limited DCA's review of
proposed plan amendments to written comments,
and required DCA to identify and list all written
communications received within 30 days after
transmittal of a proposed plan amendment.
163.3184(2), (4), and (6)
Procedural
89
Allowed a local government to amend its plan for a
period of up to one year after the initial
determination of sufficiency of an adopted EAR
even if the EAR is insufficient.
163.3187(6)(b)
Procedural
90
Substantially reworded Section 163.3191, F.S.,
related to evaluation and appraisal reports.
163.3191
Procedural
91
Changed the population requirements for
municipalities and counties which are required to
submit otherwise optional elements.
163.3177(6)(i)
No action
needed, the
population
does not meet
these
thresholds.
1999: [Ch. 99 -251, ss. 65 -6, and 90; Ch. 99 -378, ss. 1, 3 -5, and 8 -9, Laws of Florida]
92
Required that ports and local governments in the
coastal area, which has spoil disposal
responsibilities, identify dredge disposal sites in the
comp plan.
163.3178(7)
No action
needed.
93
Exempted from the twice per -year limitation
certain port related amendments for port
transportation facilities and projects eligible for
funding by the Florida Seaport Transportation and
Economic Development Council.
163.3187(1)(h)
No action
needed.
94
Required rural counties to base their future land
use plans and the amount of land designated
industrial on data regarding the need for job
creation, capital investment, and economic
163.3177(6)(a)
No action
needed.
A -14
Appendices
A -15
Appendices
Changes to Chapter 163, F.S. 1986-2010
development and the need to strengthen and
diversity local economies.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
95
Added the Growth Policy Act to Ch. 163, Part II to
promote urban infill and redevelopment.
163.2511,163.25,14,163.2
517,163.2520,163.2523,
and 163.2526 [New]
Procedural
96
Required that all comp plans comply with the
school siting requirements by October 1, 1999.
163.3177(6)(a)
Future Land Use
Element Objective 6
97
Made transportation facilities subject to
concurrency.
163.3180(1)(a)
Traffic Circulation
Element policy 7.1
98
Required use of professionally accepted techniques
for measuring level of service for cars, trucks,
transit, bikes and pedestrians.
163.3180(1)(b)
The Traffic Circulation
Element will be amended to
reflect this standard.
99
Excludes public transit facilities from concurrency
requirements.
163.3180(4)(b)
Procedural
100
Allowed multiuse DRIs to satisfy the transportation
concurrency requirements when authorized by a
local comprehensive plan under limited
circumstances.
163.3180(12)
No designated
districts.
Procedural
101
Allowed multimodal transportation districts in
areas where priorities for the pedestrian
environment are assigned by the plan.
163.3180(15)
No designated
districts.
Procedural
102
Exempted amendments for urban infill and
redevelopment areas, public school concurrency
from the twice per -year limitation.
163.31879(1)(h) and (i)
[Now: (1) and (j)]
Procedural
103
Defined brownfield designation and added the
assurance that a developer may proceed with
development upon receipt of a brownfield
designation. [Also, see Section 163.3221(1) for
brownfield" definition.]
163.3220(2)
Procedural
2000: [Ch. 2000 -158, ss. 15 -17, Ch. 2000 -284, s. 1, Ch. 2000 -317, s. 18, Laws of Florida]
104
Repealed Section 163.3184(11)(c), F.S., that
required funds from sanction for non compliant
plans go into the Growth Management Trust Fund.
163.3184(11)(c)
[Now: Repealed]
Procedural
105
Repealed Section 163.3187(7), F.S. that required
consideration of an increase in the annual total
163.3187(7)
[Now: Repealed]
Procedural
A -15
Appendices
A -16
Appendices
Changes to Chapter 163, F.S. 1986-2010
acreage threshold for small scale plan amendments
and a report by DCA.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
106
Repealed Sections 163.3191(13) and (15), F.S.
163.3191(13) and (15)
[Now: Repealed]
Procedural
107
Allowed small scale amendments in areas of critical
state concern to be exempt from the twice -per-
year limitation only if they are for affordable
housing.
163.3187(1)(c)1.e
Procedural
108
Added exemption of sales from local option surtax
imposed under Section 212.054, F.S., as examples
of incentives for new development within urban
infill and redevelopment areas.
163.2517(3)(j)2.
Procedural
2001: [Ch. 2001 -279, s. 64, Laws of Florida]
109
Created the rural land stewardship area program.
163.3177(11)(d)
Procedural
Okeechobee may qualify for
this program.
2002: [Ch. 2002 -296, ss. 1 -11, Laws of Florida]
110
Required that all agencies that review
comprehensive plan amendments and rezoning
include a nonvoting representative of the district
school board.
163.3174
CIE Objective 5
111
Required coordination of local comprehensive plan
with the regional water supply plan.
163.3177(4)(a)
Conservation Obj. 2
112
Plan amendments for school- siting maps are
exempt from s. 163.3187(1)'s limitation on
frequency.
163.3177(6)(a)
Procedural
113
Required that by adoption of the EAR, the sanitary
sewer, solid waste, drainage, potable water and
natural groundwater aquifer recharge element
consider the regional water supply plan and
include a 10 -year work plan to build the identified
water supply facilities.
163.3177(6)(c)
The Plan will need to be
amended.
114
Required consideration of the regional water
supply plan in the preparation of the conservation
element.
163.3177(6)(d)
The Plan will need to be
amended.
115
Required that the intergovernmental coordination
163.3177(6)(h)
The Plan will need to be
A -16
Appendices
A -17
Appendices
Changes to Chapter 163, F.S. 1986-2010
element (ICE) include relationships, principles and
guidelines to be used in coordinating comp plan
with regional water supply plans.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
amended.
116
Required the local governments adopting a public
educational facilities element execute an inter-
local agreement with the district school board, the
county, and non exempting municipalities.
163.3177(6)(h)4.
Public School Facilities
Element
117
Required that counties larger than 100,000
population and their municipalities submit an inter-
local service delivery agreements (existing and
proposed, deficits or duplication in the provisions
of service) report to DCA by January 1, 2004. Each
local government is required to update its ICE
based on the findings of the report. DCA will meet
with affected parties to discuss and id strategies to
remedy any deficiencies or duplications.
163.3177(6)(h)6.,
7.,
8.
Not
applicable.
118
Required local governments and special districts to
163.3177(6)(h)9.
Procedural
provide recommendations for statutory changes
for annexation to the Legislature by February 1,
2003. NOTE: this requirement repealed by Ch.
[Now repealed]
2005 -290, s. 2, LOF.
119
Added a new Section 163.31776 that allows a
county, to adopt an optional public educational
facilities element in cooperation with the
applicable school board.
163.31776 [New]
Procedural
120
Added a new Section 163.31777 that requires local
governments and school boards to enter into an
inter -local agreement that addresses school siting,
enrollment forecasting, school capacity,
infrastructure and safety needs of schools, schools
as emergency shelters, and sharing of facilities.
163.31777 [New]
The City has adopted a
Public School Facilities
Element.
121
Added a provision that the concurrency
requirement for transportation facilities may be
waived by plan amendment for urban infill and
redevelopment areas.
163.3180(4)(c)
No action
needed.
A -17
Appendices
122
Changes to Chapter 163, F.S. 1986-2010
Expanded the definition of "affected persons" to
include property owners who own land abutting a
change to a future land use map.
Chapter 163, F.S. Citations
163.3184(1)(a)
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
123
Expanded the definition of "in compliance" to
include consistency with Section 163.31776 (public
educational facilities element).
163.3184(1)(b)
Procedural
124
Streamlined the timing of comprehensive plan
amendment review.
163.3184(3), (4), (6), (7),
and (8)
Procedural
125
Required that local governments provide a sign -in
form at the transmittal hearing and at the adoption
hearing for persons to provide their names and
addresses.
163.3184(15)(c)
Procedural
126
Exempted amendments related to providing
transportation improvements to enhance life
safety on "controlled access major arterial
highways" from the limitation on the frequency of
plan amendments contained in s.163.3187(1).
163.3187(1)(k)
Procedural
127
Required Evaluation and Appraisal Reports to
include (1) consideration of the appropriate
regional water supply plan, and (2) an evaluation of
whether past reductions in land use densities in
coastal high hazard areas have impaired property
rights of current residents where redevelopment
occurs.
163 3191(2)(1)
There are no
CHHA's in
Okeechobee.
This EAR addresses
this issue.
128
Allowed local governments to establish a special
master process to assist the local governments
with challenges to local development orders for
consistency with the comprehensive plan.
163.3215
Procedural
129
Created the Local Government Comprehensive
Planning Certification Program to allow less state
and regional oversight of comprehensive plan
process if the local government meets certain
criteria.
163.3246
Procedural
130
Added a provision to Section 380.06(24), Statutory
Exemptions, that exempts from the requirements
163.3187(1)
The Future Land Use Element
will be amended to be
A -18
Appendices
A -19
Appendices
Changes to Chapter 163, F.S. 1986 2010
for developments of regional impact, any water
port or marina development if the relevant local
government has adopted a "boating facility siting
plan or policy" (which includes certain specified
criteria) as part of the coastal management
element or future land use element of its
comprehensive plan. The adoption of the boating
facility siting plan or policy is exempt from the
limitation on the frequency of plan amendments
contained in s.163.3187(1).
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
consistent with this statute.
131
Prohibited a local government, under certain
conditions, from denying an application for
development approval for a requested land use for
certain proposed solid waste management
facilities.
163.3194(6)
Procedural
2003: [Ch. 03 -1, ss. 14 -15; Ch. 03 -162, s. 1; Ch. 03 -261, s. 158; Ch. 03 -286, s. 61, Laws of Florida.]
132
Creates the Agricultural Lands and Practices Act.
163.3162 [New]
(2): Provides legislative findings and purpose with
respect to agricultural activities and duplicative
regulation.
Procedural
(3): Defines the terms "farm," "farm operation,"
and "farm product" for purposes of the act.
Procedural
(4): Prohibits a county from adopting any
ordinance, resolution, regulation, rule, or policy to
prohibit or otherwise limit a bona fide farm
operation on land that is classified as agricultural
land.
Procedural
(4)(a): Provides that the act does not limit the
powers of a county under certain circumstances.
Procedural
(4)(b): Clarifies that a farm operation may not
expand its operations under certain circumstances.
Procedural
(4)(c): Provides that the act does not limit the
powers of certain counties.
Procedural
(4)(d): Provides that certain county ordinances are
not deemed to be a duplication of regulation.
Procedural
A -19
Appendices
133
Changes to Chapter 163, F.S. 1986-2010
Changes "State Comptroller" references to "Chief
Financial Officer."
Chapter 163, F.S. Citations
163.3167(6)
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
134
Provides for certain airports to abandon DRI
orders.
163.3177(6)(k)
Not
applicable.
135
Throughout s.163.3177, F.S., citations for Ch. 235,
F.S., are changed to cite the appropriate section of
Ch. 1013, F.S.
163.31776
Procedural
136
Throughout s.163.31777, F.S., citations for Ch. 235,
F.S., are changed to cite the appropriate section of
Ch. 1013, F.S.
163.31777
Procedural
2004: [Ch. 04 -5, s. 11; Ch. 04 -37, s. 1; Ch. 04 -230, ss. 1 -4; Ch. 04 -372, ss. 2 -5; Ch. 04 -381, ss. 1 -2; Ch. 04 -384, s. 2, Laws of Florida.]
137
(10): Amended to conform to the repeal of the
Florida High -Speed Rail Transportation Act, and the
creation of the Florida High -Speed Rail Authority
Act.
163.3167
Procedural
(13): Created to require local governments to
identify adequate water supply sources to meet
future demand for the established planning period.
The City is in the process of
developing a 10 -Year facilities
water supply plan.
(14): Created to limit the effect of judicial
determinations issued subsequent to certain
development orders pursuant to adopted land
development regulations.
Procedural
138
(1): Provides legislative findings on the
compatibility of development with military
installations.
Creates 163.3175
Procedural
(2): Provides for the exchange of information
relating to proposed land use decisions between
counties and local governments and military
installations.
There are no
military sites
in the City.
(3): Provides for responsive comments by the
commanding officer or his /her designee.
Procedural
(4): Provides for the county or affected local
government to take such comments into
consideration.
Procedural
(5): Requires the representative of the military
Not
A -20
Appendices
A -21
Appendices
Changes to Chapter 163, F.S. 1986-2010
installation to be an ex- officio, nonvoting member
of the county's or local government's land planning
or zoning board.
Chapter 163, F.S. Citations
N /A*
applicable.
Addressed
(where /how)
Amendment Needed
By Element
(6): Encourages the commanding officer to provide
information on community planning assistance
grants.
Procedural
139
(6)(a): Changed to require local governments to
amend the future land use element by June 30,
2006 to include criteria to achieve compatibility
with military installations.
163.3177
The City will amend the Plan
to include the provisions set
forth in this statute if a
military installation is
proposed in the City.
Changed to encourage rural land stewardship area
designation as an overlay on the future land use
map.
This City shall consider
whether the rural land
stewardship program is
beneficial to its residents.
(6)(c): Extended the deadline adoption of the water
supply facilities work plan amendment until
December 1, 2006; provided for updating the work
plan every five years; and exempts such
amendment from the limitation on frequency of
adoption of amendments.
Procedural
(10)(I): Provides for the coordination by the state
land planning agency and the Department of
Defense on compatibility issues for military
installations.
Procedural
(11)(d)1.: Requires DCA, in cooperation with other
specified state agencies, to provide assistance to
local governments in implementing provisions
relating to rural land stewardship areas.
Procedural
(11)(d)2.: Provides for multi- county rural land
stewardship areas.
Procedural
(11)(d)3. -4: Revises requirements, including the
acreage threshold for designating a rural land
stewardship area.
Procedural
(11)(d)6.j.: Provides that transferable rural land use
Procedural
A -21
Appendices
A -22
Appendices
Changes to Chapter 163, F.S. 1986-2010
credits may be assigned at different ratios
according to the natural resource or other
beneficial use characteristics of the land.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(11)(e): Provides legislative findings regarding
mixed -use, high- density urban infill and
redevelopment projects; requires DCA to provide
technical assistance to local governments.
Procedural
(11)(f): Provides legislative findings regarding a
program for the transfer of development rights and
urban infill and redevelopment; requires DCA to
provide technical assistance to local governments.
Procedural
140
(1): Provides legislative findings with respect to the
shortage of affordable rentals in the state.
Creates 163.31771
Procedural
(2): Provides definitions.
Procedural
(3): Authorizes local governments to permit
accessory dwelling units in areas zoned for single
family residential use based upon certain findings.
Procedural
(4) An application for a building permit to construct
an accessory dwelling unit must include an affidavit
from the applicant, which attests that the unit will
be rented at an affordable rate to a very-low-
income, low- income, or moderate income person
or persons.
Procedural
(5): Provides for certain accessory dwelling units to
apply towards satisfying the affordable housing
component of the housing element in a local
government's comprehensive plan.
Procedural
(6): Requires the DCA to report to the Legislature.
Procedural
141
Amends the definition of "in compliance" to add
language referring to the Wekiva Parkway and
Protection Act.
163.3184(1)(b)
Procedural
142
(1)(m): Created to provide that amendments to
address criteria or compatibility of land uses
adjacent to or in close proximity to military
installations do not count toward the limitation on
163.3187
Procedural
A -22
Appendices
A -23
Appendices
Changes to Chapter 163, F.S. 1986-2010
frequency of amending comprehensive plans.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(1)(n): Created to provide that amendments to
establish or implement a rural land stewardship
area do not count toward the limitation on
frequency of amending comprehensive plans.
Procedural
143
Created to provide that evaluation and appraisal
reports evaluate whether criteria in the land use
element were successful in achieving land use
compatibility with military installations.
163.3191(2)(n)
Not
applicable.
2005 [Ch. 2005 -157, ss 1, 2 and 15; Ch. 2005 -290; and Ch. 2005 -291, ss. 10 -12, Laws of Florida]
144
Added the definition of "financial feasibility."
163.3164(32) [New]
Procedural
145
(2): Required comprehensive plans to be
"financially" rather than "economically" feasible.
163.3177
The Plan will be amended to
ensure financial feasibility and
this financial feasibility has
been demonstrated in this
EAR.
(3)(a)5.: Required the comprehensive plan to
include a 5 -year schedule of capital improvements.
Outside funding (i.e., from developer, other
government or funding pursuant to referendum) of
these capital improvements must be guaranteed in
the form of a development agreement or interlocal
agreement.
CIE Policy 1.4
(3)(a)6.b.1.: Required plan amendment for the
annual update of the schedule of capital
improvements. Deleted provision allowing updates
and change in the date of construction to be
accomplished by ordinance.
CIE Policy 4.3
(3)(a)6.c.: Added oversight and penalty provision
for failure to adhere to this section's capital
improvements requirements.
Procedural
(3)(a)6.d.: Required a long -term capital
improvement schedule if the local government has
adopted a long -term concurrency management
system.
Not
applicable, no
long -term
CMS.
A -23
Appendices
A -24
Appendices
Changes to Chapter 163, F.S. 1986 -2010
(6)(a): Deleted date (October 1, 1999) by which
school sitting requirements must be adopted.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
(6)(a): Requires the future land use element to be
based upon the availability of water supplies (in
addition to public water facilities).
FLUE Objective 1
(6)(a): Add requirement that future land use
element of coastal counties must encourage the
preservation of working waterfronts, as defined in
s.342.07, F.S.
Not
applicable.
(6)(c): Required the potable water element to be
updated within 18 months of an updated regional
water supply plan to incorporate the alternative
water supply projects and traditional water supply
projects and conservation and reuse selected by
the local government to meet its projected water
supply needs. The ten -year water supply work plan
must include public, private and regional water
supply facilities, including development of
alternative water supplies. Such amendments do
not count toward the limitation on the frequency
of adoption of amendments.
The City is currently
developing it water supply
plan. The Element will need to
be amended.
(6)(e): Added waterways to the system of sites
addressed by the recreation and open space
element.
The Recreation Open Space
Element will need to be
revised to include such
provisions.
(6)(h)1.: The intergovernmental coordination
element must address coordination with regional
water supply authorities.
The ICE will need to be
amended.
(11)(d)4.c.: Required rural land stewardship areas
to address affordable housing.
Procedural
(11)(d)5.: Required a listed species survey be
performed on rural land stewardship receiving
area. If any listed species present, must ensure
adequate provisions to protect them.
Procedural
(11)(d)6.: Must enact an ordinance establishing a
Procedural
A -24
Appendices
A -25
Append ices
Changes to Chapter 163, F.S. 1986 -2010
methodology for creation, conveyance, and use of
stewardship credits within a rural land stewardship
area.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(11)(d)6.j.: Revised to allow open space and
agricultural land to be just as important as
environmentally sensitive land when assigning
stewardship credits.
Procedural
(12): Must adopt public school facilities element.
The City has
completed a PSFE.
(12)(a) and (b): A waiver from providing this
element will be allowed under certain
circumstances.
Procedural
(12)(g): Expanded list of items to be to include
collocation, location of schools proximate to
residential areas, and use of schools as emergency
shelters.
ICE Policy 5.5
(12)(h): Required local governments to provide
maps depicting the general location of new schools
and school improvements within future conditions
maps.
Public School Facilities
Element
(12)(i): Required DCA to establish a schedule for
adoption of the public school facilities element.
Procedural
(12)(j): Established penalty for failure to adopt a
public school facility element.
Procedural
(13): (New section) Encourages local governments
to develop a "community vision," which provides
for sustainable growth, recognizes its fiscal
constraints, and protects its natural resources.
The City will consider
developing a Community
Vision.
(14): (New section) Encourages local governments
to develop an "urban service boundary," which
ensures the area is served (or will be served) with
adequate public facilities and services over the
next 10 years. See s. 163.3184(17).
The City will evaluate whether
an urban service boundary is
desirable.
146
163.31776 is repealed
163.31776
[Now: Repealed]
Procedural
A -25
Append ices
147
Changes to Chapter 163, F.S. 1986-2010
(2): Required the public schools interlocal
agreement (if applicable) to address requirements
for school concurrency. The opt -out provision at
the end of Subsection (2) is deleted.
Chapter 163, F.S. Citations
163.31777
N /A*
Addressed
(where /how)
Procedural.
Amendment Needed
By Element
The City will review the
Interlocal Agreement and
amend it if necessary to
address school concurrency.
(5): Required Palm Beach County to identify, as
part of its EAR, changes needed in its public school
element necessary to conform to the new 2005
public school facilities element requirements.
Not
applicable.
(7): Provided that counties exempted from public
school facilities element shall undergo re-
evaluation as part of its EAR to determine if they
continue to meet exemption criteria.
Not
applicable.
148
(2)(g): Expands requirement of coastal element to
include strategies that will be used to preserve
recreational and commercial working waterfronts,
as defined in s.342.07, F.S.
163.3178
Not
applicable.
149
(1)(a): Added "schools" as a required concurrency
item.
163.3180
Procedural
(2)(a): Required consultation with water supplier
prior to issuing building permit to ensure
"adequate water supplies" to serve new
development will be available by the date of
issuance of a certificate of occupancy.
The Sanitary Sewer, Solid
Waste, Etc. Element will be
amended to address this
issue.
(2)(c): Required all transportation facilities to be in
place or under construction within 3 years (rather
than 5 years) after approval of building permit.
The Traffic Circulation
Element will be amended to
meet this requirement.
(4)(c): The concurrency requirement, except as it
relates to transportation and public schools, may
be waived in urban infill and redevelopment areas.
The waiver shall be adopted as a plan amendment
A local government may grant a concurrency
exception pursuant to subsection
Procedural
(5) for transportation facilities located within an
urban infill and redevelopment area.
(5)(d): Required guidelines for granting
Procedural
A -26
Appendices
A -27
Appendices
Changes to Chapter 163, F.S. 1986-2010
concurrency exceptions to be included in the
comprehensive plan.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(5)(e) (g): If local government has established
transportation exceptions, the guidelines for
implementing the exceptions must be "consistent
with and support a comprehensive strategy, and
promote the purpose of the exceptions." Exception
areas must include mobility strategies, such as
alternate modes of transportation, supported by
data and analysis. FDOT must be consulted prior to
designating a transportation concurrency
exception area. Transportation concurrency
exception areas existing prior to July 1, 2005 must
meet these requirements by July 1, 2006, or when
the EAR -based amendment is adopted, whichever
occurs last.
In the event that the City
establishes exemptions, the
guidelines will meet all the
requirements set forth in this
statute.
(6): Required local government to maintain records
to determine whether 110% de minimis
transportation impact threshold is reached. A
summary of these records must be submitted with
the annual capital improvements element update.
Exceeding the 110% threshold dissolves the de
minimis exceptions.
If the City determines that any
impacts are de minimus, it will
maintain and submit all the
required documentation.
(7): Required consultation with the Department of
Transportation prior to designating a
transportation concurrency management area (to
promote infill development) to ensure adequate
level -of- service standards are in place. The local
government and the DOT should work together to
mitigate any impacts to the Strategic Intermodal
System.
If the City implements a
TCMA, the Plan will be
amended to ensure
compliance with this statute.
(9)(a): Allowed adoption of a long -term
concurrency management system for schools.
Procedural
(9)(c): (New section) Allowed local governments to
issue approvals to commence construction
Procedural
A -27
Appendices
A -28
Appendices
Changes to Chapter 163, F.S. 1986-2010
notwithstanding s. 163.3180 in areas subject to a
long -term concurrency management system.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(9)(d): (New section) Required evaluation in
Evaluation and Appraisal Report of progress in
improving levels of service.
This EAR will evaluate
progress in improving LOS.
(10): Added requirement that level of service
standard for roadway facilities on the Strategic
Intermodal System must be consistent with FDOT
standards. Standards must consider compatibility
with adjacent jurisdictions.
Traffic Circulation
Element Policy 7.1
(13): Required school concurrency (not optional).
CIE Policy 2.1
(13)(c)1.: Requires school concurrency after five
years to be applied on a "less than districtwide
basis" (i.e., by using school attendance zones, etc).
Public School Facilities
Element
(13)(c)2.: Eliminated exemption from plan
amendment adoption limitation for changes to
service area boundaries.
Procedural
(13)(c)3.: No application for development approval
may be denied if a less- than districtwide
measurement of school concurrency is used;
however the development impacts must to shifted
to contiguous service areas with school capacity.
Procedural
(13)(e): Allowed school concurrency to be satisfied
if a developer executes a legally binding
commitment to provide mitigation proportionate
to the demand.
Procedural
(13)(e)1.: Enumerated mitigation options for
achieving proportionate -share mitigation.
Capital Improvements
Element
(13)(e)2.: If educational facilities funded in one of
the two following ways, the local government must
credit this amount toward any impact fee or
exaction imposed on the community: contribution
of land construction, expansion, or payment for
land acquisition
Public School Facilities
Element
(13)(g)2.: (Section deleted) It is no longer
Procedural
A -28
Appendices
A -29
Appendices
Changes to Chapter 163, F.S. 1986-2010
required that a local government and school board
base their plans on consistent population
projection and share information regarding
planned public school facilities, development and
redevelopment and infrastructure needs of public
school facilities. However, see (13) (g)6.a. for
similar requirement.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(13)(g)6.a.: [Formerly (13)(g)7.a.] Local
governments must establish a uniform procedure
for determining if development applications are in
compliance with school concurrency
Capital Improvements
Element and Public
School Facilities
Element
(13)(g)7. [Formerly (13)(g)8.] Deleted language that
allowed local government to terminate or suspend
an interlocal agreement with the school board.
Procedural
(13)(h): (New 2005 provision) The fact that school
concurrency has not yet been implemented by a
local government should not be the basis for either
an approval or denial of a development permit
Procedural
(15): Prior to adopting Multimodal Transportation
Districts, FDOT must be consulted to assess the
impact on level of service standards. If impacts are
found, the local government and the FDOT must
work together to mitigate those impacts.
Multimodal districts established prior to July 1,
2005 must meet this requirement by July 1, 2006
or at the time of the EAR -base amendment,
whichever occurs last.
Procedural
(16): (New 2005 section) Required local
governments to adopt by December 1, 2006 a
method for assessing proportionate fair -share
mitigation options. FDOT will develop a model
ordinance by December 1, 2005.
A proportionate fair
share ordinance has
been adopted.
150
(17): (New 2005 section) If local government has
adopted a community vision and urban service
boundary, state and regional agency review is
163.3184 [New]
Procedural
A -29
Appendices
A -30
Appendices
Changes to Chapter 163, F.S. 1986 2010
eliminated for plan amendments affecting property
within the urban service boundary. Such
amendments are exempt from the limitation on
the frequency of plan amendments.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(18): (New 2005 section) If a municipality has
adopted an urban infill and redevelopment area,
state and regional agency review is eliminated for
plan amendments affecting property within the
urban service boundary. Such amendments are
exempt from the limitation on the frequency of
plan amendments.
Procedural
151
(1)(c)1.f.: Allowed approval of residential land use
as a small -scale development amendment when
the proposed density is equal to or less than the
existing future land use category. Under certain
circumstances, affordable housing units are
exempt from this limitation.
163.3187
Procedural
(1)(c)4.: (New 2005 provision) If the small -scale
development amendment involves a rural area of
critical economic concern, a 20 -acre limit applies.
[New]
Procedural
(1)(o): (New 2005 provision) An amendment to a
rural area of critical economic concern may be
approved without regard to the statutory limit on
comprehensive plan amendments.
[New]
Procedural
152
(2)(k): Required local governments that do not
have either a school interlocal agreement or a
public school facilities element, to determine in the
Evaluation and Appraisal Report whether the local
government continues to meet the exemption
criteria in s.163.3177(12).
163.3191
The City has an
Interlocal Agreement
with the Okeechobee
County School Board
and a PSFE
(2)(1): The Evaluation and Appraisal Report must
determine whether the local government has been
successful in identifying alternative water supply
projects, including conservation and reuse, needed
to meet projected demand. Also, the Report must
[New]
This EAR evaluates
this requirement and
the City is in the
process of developing
its 10 -Year Water
A -30
Appendices
A -31
Appendices
Changes to Chapter 163, F.S. 1986-2010
identify the degree to which the local government
has implemented its 10 -year water supply
workplan.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Supply Plan.
Amendment Needed
By Element
(2)(o): (New 2005 provision) The Evaluation and
Appraisal Report must evaluate whether any
Multimodal Transportation District has achieved
the purpose for which it was created.
[New]
No
Multimodal
Transportation
District has
been created.
(2)(p): (New 2005 provision) The Evaluation and
Appraisal Report must assess methodology for
impacts on transportation facilities.
This EAR addresses
this statute.
(10): The Evaluation and Appraisal Report -based
amendment must be adopted within a single
amendment cycle. Failure to adopt within this cycle
results in penalties. Once updated, the
comprehensive plan must be submitted to the
DCA.
The EAR -based Amendment
will be adopted in accordance
with the requirements of this
statute.
153
(10) New section designating Freeport as a certified
community.
(11) New section exempting proposed DRIs within
Freeport from review under s.380.06, F.S., unless
review is requested by the local government.
163.3246 [New]
Not
applicable.
2006 [Ch. 2006 -68, Ch. 2006 -69, Ch. 2006 -220, Ch. 2006 -252, Ch. 2006 -255, Ch. 2006 -268,
Laws of Florida]
154
Establishes plan amendment procedures for
agricultural enclaves as defined in s.163.3164(33),
F.S. Ch. 2006 -255, LOF.
163.3162(5) [New]
Procedural
155
Defines agricultural enclave. Ch. 2006 -255, LOF.
163.3164(33) [New]
Procedural
156
(6)(g)2.: Adds new paragraph encouraging local
governments with a coastal management element
to adopt recreational surface water use policies;
such adoption amendment is exempt from the
twice per year limitation on the frequency of plan
amendment adoptions. Ch. 2006 -220, LOF.
163.3177(6)(g)2. [New]
Procedural
157
Allows the effect of a proposed receiving area to be
considered when projecting the 25 -year or greater
163.3177(11)(d)6.
Procedural
A -31
Appendices
A -32
Appendices
Changes to Chapter 163, F.S. 1986-2010
population with a rural land stewardship area. Ch.
2006 -220, LOF.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
158
Recognizes "extremely -low- income persons" as
another income groups whose housing needs
might be addressed by accessory dwelling units
and defines such persons consistent with
s.420.0004(8), F.S. Ch. 2006 -69, LOF.
163.31771(1), (2) and (4)
Procedural
159
Assigns to the Division of Emergency Management
the responsibility of ensuring the preparation of
updated regional hurricane evacuation plans. Ch.
2006 -68, LOF.
163.3178(2)(d)
Procedural
160
Changes the definition of the Coastal High Hazard
Area (CHHA) to be the area below the elevation of
the category 1 storm surge line as established by
the SLOSH model. Ch. 2006 -68, LOF.
163.3178(2)(h)
Procedural
161
Adds a new section allowing a local government to
comply with the requirement that its
comprehensive plan direct population
concentrations away from the CHHA and maintains
or reduces hurricane evacuation times by
maintaining an adopted LOS Standard for out -of-
county hurricane evacuation for a category 5
storm, by maintaining a 12 -hour hurricane
evacuation time or by providing mitigation that
satisfies these two requirements. Ch. 2006 -68,
LOF.
163.3178(9)(a) [New]
Procedural
162
Adds a new section establishing a level of service
for out -of- county hurricane evacuation of no
greater than 16 hours for a category 5 storm for
any local government that wishes to follow the
process in s.163.3178(9)(a) but has not established
such a level of service by July 1, 2008. Ch. 2006 -68,
LOF.
163.3178(9)(b) [New]
Procedural
163
Requires local governments to amend their Future
Land Use Map and coastal management element to
163.3178(2)(c)
No action
needed. Not
A -32
Appendices
Appendices
A -33
Changes to Chapter 163, F.S. 1986-2010
include the new definition of the CHHA, and to
depict the CHHA on the FLUM by July 1, 2008. Ch.
2006 -68, LOF.
Chapter 163, F.S. Citations
N /A*
applicable.
Addressed
(where /how)
Amendment Needed
By Element
164
Allows the sanitary sewer concurrency
requirement to be met by onsite sewage treatment
and disposal systems approved by the Department
of Health. Ch. 2006 -252, LOF.
163.3180(2)(a)
Procedural
165
Changes s.380.0651(3)(i) to s.380.0651(3)(h) as the
citation for the standards a multiuse DRI must
meet or exceed. Ch. 2006 -220, LOF.
163.3180(12)(a)
Procedural
166
Deletes use of extended use agreement as part of
the definition of small scale amendment. Ch. 2006-
69, LOF.
163.3187(1)(c)1.f.
Procedural
167
Creates a new section related to electric
distribution substations; establishes criteria
addressing land use compatibility of substations;
requires local governments to permit substations
in all FLUM categories (except preservation,
conservation or historic preservation); establishes
compatibility standards to be used if a local
government has not established such standards;
establishes procedures for the review of
applications for the location of a new substation;
allows local governments to enact reasonable
setback and landscape buffer standards for
substations. Ch. 2006 -268, LOF.
163.3208 [New]
Procedural
168
Creates a new section preventing a local
government from requiring for a permit or other
approval vegetation maintenance and tree pruning
or trimming within an established electric
transmission and distribution line right -of -way. Ch.
2006 -268, LOF.
163.3209 [New]
Procedural
169
Community Workforce Housing Innovation Pilot
Program; created by Ch. 2006 -69, LOF, section 27.
Establishes a special, expedited adoption process
New
Procedural
Appendices
A -33
A -34
Appendices
Changes to Chapter 163, F.S. 1986-2010
for any plan amendment that implements a pilot
program project.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
170
Affordable housing land donation density incentive
bonus; created by Ch. 2006 -69, LOF, section 28.
Allows a density bonus for land donated to a local
government to provide affordable housing;
requires adoption of a plan amendment for any
such land; such amendment may be adopted as a
small -scale amendment; such amendment is
exempt from the twice per year limitation on the
frequency of plan amendment adoptions.
New
Procedural
2007 Ch. 2007 -196, Ch. 2007 -198, Ch. 2007 -204, Laws of Florida]
171
(26) Expands the definition of "urban
redevelopment" to include a community
redevelopment area. Ch. 2007 -204, LOF.
163.3164
Procedural
(32) Revises the definition of "financial feasibility"
by clarifying that the plan is financially feasibility
for transportation and schools if level of service
standards are achieved and maintained by the end
of the planning period even if in a particular year
such standards are not achieved. In addition, the
provision that level of service standards need not
be maintained if the proportionate fair share
process in s.163.3180(12) and (16), F.S., is used is
deleted. Ch. 2007 -204, LOF.
Procedural
172
2) Clarifies that financial feasibility is determined
using a five -year period (except in the case of long-
term transportation or school concurrency
management, in which case a 10 or 15 -year period
applies). Ch. 2007 -204, LOF.
163.3177
Procedural
(3)(a)6. Revises the citation to the MPO's TIP and
long -range transportation plan. Ch. 2007 -196, LOF
New
Procedural
(3)(b)1. Requires an annual update to the Five -Year
Schedule of Capital Improvements to be submitted
by December 1, 2008 and yearly thereafter. If this
Procedural. The City
will comply with this
requirement.
A -34
Appendices
A -35
Appendices
Changes to Chapter 163, F.S. 1986-2010
date is missed, no amendments are allowed until
the update is adopted. Ch. 2007 -204, LOF.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(3)(c) Deletes the requirement that the
Department must notify the Administration
Commission if an annual update to the capital
improvements element is found not in compliance
(retained is the requirement that notification must
take place is the annual update is not adopted).
Ch. 2007 -204, LOF.
Procedural
(3)(e) Provides that a comprehensive plan as
revised by an amendment to the future land use
map is financially feasible if it is supported by (1) a
condition in a development order for a
development of regional impact or binding
agreement that addresses proportionate share
mitigation consistent with s.163.3180(12), F.S., or
(2) a binding agreement addressing proportionate
fair -share mitigation consistent with
s.163.3180(16)(f), F.S., and the property is located
in an urban infill, urban redevelopment, downtown
revitalization, urban infill and redevelopment or
urban service area. Ch. 2007 -204, LOF.
Procedural
(6)(f)1.d. Revises the housing element
requirements to ensure adequate sites for
affordable workforce housing within certain
counties. Ch. 2007 -198, LOF.
No action
needed.
(6)h. and i. Requires certain counties to adopt a
plan for ensuring affordable workforce housing by
July 1, 2008 and provides a penalty if this date is
missed. Ch. 2007 -198, LOF.
Procedural
173
(4)(b) Expands transportation concurrency
exceptions to include airport facilities. Ch. 2007-
204, LOF.
163.3180
Procedural
(5)(b)5 Adds specifically designated urban service
areas to the list of transportation concurrency
Procedural
A -35
Appendices
A -36
Appendices
Changes to Chapter 163, F.S. 1986-2010
exception areas. Ch. 2007 -204, LOF.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
(5)(f) Requires consultation with the state land
planning agency regarding mitigation of impacts on
Strategic Intermodal System facilities prior to
establishing a concurrency exception area. Ch.
2007 -204, LOF.
[New]
Procedural
(12) and (12)(a) Deletes the requirement that the
comprehensive plan must authorize a development
of regional impact to satisfy concurrency under
certain conditions. Also, deletes the requirement
that the development of regional impact must
include a residential component to satisfy
concurrency under the conditions listed. Ch. 2007-
204, LOF.
Procedural
(12)(d) Clarifies that any proportionate -share
mitigation by development of regional impact,
Florida Quality Development and specific area plan
implementing an optional sector plan is not
responsible for reducing or eliminating backlogs.
Ch. 2007 -204, LOF.
Procedural
(13)(e)4. A development precluded from
commencing because of school concurrency may
nevertheless commence if certain conditions are
met. Ch. 2007 -204, LOF.
Procedural
(16)(c) and (f) Allows proportionate fair -share
mitigation to be directed to one or more specific
transportation improvement. Clarifies that such
mitigation is not to be used to address backlogs.
Ch. 2007 -204, LOF.
[New]
Procedural
(17) Allows an exempt from concurrency for
certain workforce housing developed consistent
with s.380.061(9) and s.380.0651(3). Ch. 2007-
198, LOF.
[New]
Procedural
174
Allows a local government to establish a
transportation concurrency backlog authority to
163.3182 [New]
Procedural
A -36
Appendices
A -37
Appendices
Changes to Chapter 163, F.S. 1986-2010
address deficiencies where existing traffic volume
exceeds the adopted level of service standard.
Defines the powers of the authority to include tax
increment financing and requires the preparation
of transportation concurrency backlog plans. Ch.
2007 -196, LOF and Ch. 2007 -204, LOF.
Chapter 163, F.S. Citations
N /A*
Addressed
(where /how)
Amendment Needed
By Element
175
Allows plan amendments that address certain
housing requirements to be expedited under
certain circumstances. Ch. 2007 -198, LOF.
163.3184(19) [New]
Procedural
176
Exempts from the twice per year limitation on the
frequency of adoption of plan amendments any
amendment that is consistent with the local
housing incentive strategy consistent with
s.420.9076. Ch. 2007 -198, LOF.
163.3187(1)(p) [New]
Procedural
177
Add an amendment to integrate a port master plan
into the coastal management element as an
exemption to the prohibition in ss.163.3191(10).
Ch. 2007 -196, LOF and Ch. 2007 -204, LOF.
163.3191(14) [New]
Procedural
178
Extends the duration of a development agreement
from 10 to 20 years. Ch. 2007 -204, LOF.
163.3229
Procedural
179
Establishes an alternative state review process
pilot program in Jacksonville /Duval, Miami, Tampa,
Hialeah, Pinellas and Broward to encourage urban
infill and redevelopment. Ch. 2007 -204, LOF.
163.32465 [New]
Procedural
180
If a property owner contributes right -of -way and
expands a state transportation facility, such
contribution may be applied as a credit against any
future transportation concurrency requirement.
Ch. 2007 -196, LOF.
339.282 [New}
Procedural
181
Establishes an expedited plan amendment
adoption process for amendments that implement
the Community Workforce Housing Innovation
Pilot Program and exempts such amendments from
the twice per year limitation on the frequency of
adoption of plan amendments. Ch. 2007 -198, LOF.
420.5095(9)
Procedural
A -37
Appendices
Changes to Chapter 163, F.S. 1986-2010 Chapter 163, F.S. Citations N /A* Addressed Amendment Needed
(where /how) By Element
2008 Ch. 2008 -191 and Ch. 2008 -227, Laws of Florida]
182
The future land use plan must discourage urban
sprawl. Ch. 2008 -191, LOF.
163.3177(6)(a)
Future Land Use
Element Objective 12
183
The future land use plan must be based upon
energy- efficient land use patterns accounting for
existing and future energy electric power
generation and transmission systems. Ch. 2008-
191, LOF.
163.3177(6)(a)
The Future Land Use Element
will be amended to address
this requirement.
184
The future land use plan must be based upon
greenhouse gas reduction strategies. Ch. 2008-
191, LOF.
163.3177(6)(a)
The Future Land Use Element
will be amended to address
this requirement.
185
The traffic circulation element must include
transportation strategies to address reduction in
greenhouse gas emissions. Ch. 2008 -191, LOF.
163.3177(6)(b)
The Traffic Circulation
Element will be amended to
address this requirement.
186
The conservation element must include factors
that affect energy conservation. Ch. 2008 -191,
LOF.
163.3177(6)(d)
The Conservation Element will
be amended to address this
requirement.
187
The future land use map series must depict energy
conservation. Ch. 2008 -191, LOF.
163.3177(6)(d)
The Future Land Use Element
will be amended to address
this requirement.
188
The housing element must include standards, plans
and principles to be followed in energy efficiency in
the design and construction of new housing and in
the use of renewable energy resources. Ch. 2008-
191, LOF.
163.3177(6)(f)1.h. and i.
The Housing Element will be
amended to reflect this
requirement.
189
Local governments within an MPO area must revise
their transportation element to include strategies
to reduce greenhouse gas emissions. Ch. 2008-
191, LOF.
163.3177(6)(j)
Not
applicable.
190
Various changes were made in the State
Comprehensive Plan (Chapter 187, F.S.) that
address low- carbon emitting electric power plants.
See Section 5 of Chapter 2008 -227, LOF.
State Comprehensive Plan
Procedural.
Appendices
Changes to Chapter 163, F.S. 1986 -2010 Chapter 163, F.S. Citations N /A* Addressed Amendment Needed
(where /how) By Element
2009 [Chapters 2009 -85 and 2009 -96, Laws of Florida]
191
Changes "Existing Urban service area" to "Urban
service area" and revises the definition of such an
area. Section 2, Chapter 2009 -96, LOF.
163.3164(29)
Procedural
192
Adds definition of "Dense urban land area."
Section 2, Chapter 2009 -96, LOF.
163.3164(34)
As a result of recent
court decisions no
action is required at
this time.
However, consideration will
be given to adopting a TCEA
during the EAR -based
amendment process.
193
Postpones from December 1, 2008 to December 1,
2011, the need for the annual update to the capital
improvements element to be financially feasible.
Section 3, Chapter 2009 -96, LOF.
163.3177(3)(b)1.
No action
needed.
194
Requires the future land use element to include by
June 30, 2012, criteria that will be used to achieve
compatibility of lands near public use airports. For
military installations, the date is changed from June
30, 2006, to June 30, 2012. Section 3, Chapter
2009 -85, LOF.
163.3177(6)(a)
The City has
no airport.
195
Requires the intergovernmental coordination
element to recognize airport master plans. Section
3, Chapter 2009 -85, LOF.
163.3177(6)(h)1.b.
The City has
no airport.
196
Requires the intergovernmental coordination
element to include a mandatory (rather than
voluntary) dispute resolution process and requires
use of the process prescribed in section 186.509,
F.S., for this purpose. Section 3, Chapter 2009 -96,
LOF.
163.3177(6)(h'1.c.
Intergovernmental
Coordination Element
The Comprehensive Plan will
be amended to include a
mandatory dispute resolution
process.
197
Requires the intergovernmental coordination
element to provide for interlocal agreements
pursuant to s.333.03(1)(b), F.S., between adjacent
local governments regarding airport zoning
regulations. Section 3, Chapter 2009 -85, LOF.
163.3177(6)(h)1.d.
The City has
no airport.
Appendices
198
Changes to Chapter 163, F.S. 1986 -2010
Defines "rural agricultural industrial center" and
provides for their expansion though the plan
amendment process. Section 1, Chapter 2009 -154,
LOF
Chapter 163, F.S. Citations
163.3177(15)(a) [New]
N /A*
Addressed
(where /how)
Procedural
Amendment Needed
By Element
199
Allows a municipality that is not a dense urban land
area to amend its comprehensive plan to designate
certain areas as transportation concurrency
exception areas. Section 4, Chapter 2009 -96, LOF.
163.3180(5)(b)2.
N/A
200
Allows a county that is not a dense urban land area
to amend its comprehensive plan to designate
certain areas as transportation concurrency
exception areas. Section 4, Chapter 2009 -96, LOF.
163.3180(5)(b)3.
N/A
201
Requires local governments with state identified
transportation concurrency exception areas to
adopt land use and transportation strategies to
support and fund mobility within such areas.
Section 4, Chapter 2009 -96, LOF.
163.3180(5)(b)4.
N/A
202
Except in transportation concurrency exception
areas, local governments must adopt the level -of-
service established by the Department of
Transportation for roadway facilities on the
Strategic Intermodal System. Section 4, Chapter
2009 -96, LOF.
163.3180(10)
Transportation
Element
The Comprehensive Plan will
be amended to include LOS
established by FDOT, as
necessary
203
Defines a backlogged transportation facility to be
one on which the adopted level -of- service is
exceeded by existing trips, plus additional
projected background trips. Section 5, Chapter
2009 -85, LOF.
163.3180(12)(b) (16)(i)
Procedural
2010 [Chapters 2010 -5, 2010 -33, 2010 -70, 2010 -102, 2010 -182, 2010 -205, and 2010 -209, Laws of Florida]
204
Deletes section 163.31771(6), F.S. (obsolete
language that addressed an accessory dwelling unit
repot); no sustentative comprehensive planning
requirement impact. Section 16, Chapter 2010 -5,
LOF.
Procedural
Appendices
205
Appendices
Changes to Chapter 163, F.S. 1986 -2010
Chapter 163, F.S. Citations N /A* Addressed
(where /how)
Amendment Needed
By Element
206
207
208
Chapter 2010 -102, Laws of Florida, makes several
minor changes which do not effect sustentative
comprehensive planning requirements:
1. Section 163.2526, F.S.: repealed
2. Section 163.3167(2), F.S.: obsolete
language deleted
3. Section 163.3177(6)(h), F.S.: minor
wording changes
4. Section 163.3177(10)(k), F.S.: minor
wording changes
5. Section 163.3178(6), F.S.: obsolete
language deleted
6. Section 163.2511(1), F.S.: minor wording
changes
7. Section 163.2514, F.S.: minor wording
changes
8. Section 163.3202, F.S.: minor wording
changes
Chapter 2010 -205, Laws of Florida, makes several
minor wording changes Chapter 163, Part II, F.S.,
which do not affect sustentative comprehensive
planning requirements:
1. Section 163.3167(13), F.S.
2. Section 163.3177(4)(a), F.S.
3. Section 163.3177(6)(c), (d) and (h), F.S.
4. Section 163.3191(2)(I), F.S.
Chapter 2010 -209, Laws of Florida, make a minor
wording change in Section 163.2523, F.S., which
does not affect sustentative comprehensive
planning requirements.
Deleted the phrase "SMART Schools
Clearinghouse Section 11, Chapter 2010 -70, LOF.
163.31777(1)(a) and (3)(a)
Procedural
Procedural
Procedural
Procedural
Appendices
Changes to Chapter 163, F.S. 1986 -2010
Chapter 163, F.S. Citations N /A*
Addressed
(where /how)
Amendment Needed
By Element
209
Revises section 163.3175, F.S., to list the 14
military installations and 43 local governments
No Military
affected by special coordination and
communication requirements. Section 1, Chapter
163.3175(2)
Installations
2010 -182, LOF.
210
Revises section 163.3'77(6)(a), F.S., to specify that
the 43 local governments listed in section
163.3175(2), F.S., must consider the factors listed
in section 163.3175(5), F.S., when considering the
compatibility of land uses proximate to military
installations. Section 2, Chapter 2010 -182, LOF.
163.3177(6)(a)
No Military
Installations
211
Revised section 163.3180(4)(b), F.S., to define
hangars for the assembly, manufacture,
maintenance or storage of aircraft as public transit
facilities. Section 1, Chapter 2010 -33, LOF.
163.3180(4)(b)
The City has
no airport.
This definition will be
considered in the preparation
of the EAR.
Appendices
March
Changes to Rule 9J -5, F.A.C. 1989 -2003 9J -5, F.A.C. NA Addressed Amendment Needed
Citations (where /how) By Element
21, 1999
55
Defined public transit and stormwater
management facilities
91 5.003
Procedural.
56
Revised the definitions of affordable housing,
coastal planning area, port facility, and
wetlands.
9J 5.003
Procedural.
57
Repeal the definitions of adjusted for family
size, adjusted gross income, development, high
recharge area or prime recharge area, mass
transit, paratransit, public facilities, very low
income family.
9J 5.003
Procedural.
58
Revised provisions relating to adoption by
reference into the local comprehensive plan.
9J- 5.005(2)(g) and
(8)(j)
Procedural.
59
Repealed transmittal requirements for
proposed evaluation and appraisal reports,
submittal requirements for adopted evaluation
and appraisal reports, criteria for determining
the sufficiency of adopted evaluation and
appraisal reports, procedures for adoption of
evaluation and appraisal reports. Note:
transmittal requirements for proposed
evaluation and appraisal reports and submittal
requirements for adopted evaluation and
appraisal reports were incorporated Rule
Chapter 9J -11, F.A.C.
9J- 5.0053(2)
through (5)
Procedural.
60
Repealed conditions for de minimis impact and
referenced conditions in subsection
163.3180(6), F.S.
91- 5.0055(3)6
Procedural.
61
Required the future land use map to show the
transportation concurrency exception area
boundaries of such areas have been designated
and areas for possible future municipal
incorporation.
9J- 5.006(4)
Not
applicable,
no TCMA.
Appendix B: Changes tv Rine 9
-5
A -39
Appendices
62
Changes to Rule 91 -5, F.A.C. 1989-2003
Required objectives of the Sanitary Sewer, Solid
Waste, Stormwater Management, Potable
Water and Natural Groundwater Aquifer
Recharge Element to address protection of high
recharge and prime recharge areas.
93 -5, F.A.C.
Citations
9J- 5.011(2)
NA
Addressed
(where /how)
Sanitary Sewer, Solid
Waste, Etc., Objective 9
Amendment Needed
By Element
63
Repealed the Intergovernmental Coordination
Element process to determine if development
proposals would have significant impacts on
other local governments or state or regional
resources or facilities, and provisions relating to
resolution of disputes, modification of
development orders, and the rendering of
development orders to the Department of
Community Affairs (DCA)
9J- 5.015(4)
Procedural.
64
Clarified that local governments not located
within the urban area of a Metropolitan
Planning Organization are required to adopt a
Traffic Circulation Element and that local
governments with a population of 50,000 or less
are not required to prepare Mass Transit and
Ports, Aviation and Related Facilities Elements.
91- 5.019(1)
The Comprehensive Plan
contains a Traffic
Circulation Element.
65
Required objectives of the Transportation
Element to
91- 5.019(4)(b)
Coordination the siting of new, or
expansion of existing ports, airports, or
related facilities with the Future Land Use,
Coastal Management, and Conservation
Elements;
No action
needed.
Coordination surface transportation access
to ports, airports, and related facilities with
the traffic circulation system;
No action
needed.
Coordination ports, airports, and related
facilities plans with plans of other
transportation providers; and
No action
needed.
Ensure that access routes to ports, airports
No action
A -40
Appendices
A -41
Appendices
Changes to Rule 91 -5, F.A.C. 1989 -2003
and related facilities are properly integrated
with other modes of transportation.
9J -5, F.A.C.
Citations
NA
needed.
Addressed
(where /how)
Amendment Needed
By Element
66
Required policies of the Transportation Element
to:
9J- 5.019(4)(c)
Provide for safe and convenient on -site
traffic flow
Traffic Circulation
Objective 1 and
corresponding policies.
Establish measures for the acquisition and
preservation of public transit rights -of -way
and corridors;
Traffic Circulation
Element Policy 2.3
Promote ports, airports and related
facilities development and expansion
No action
needed.
Mitigate adverse structural and non-
structural impacts from ports, airports and
related
No ports
within the
City.
Protect and conserve natural resources
within ports, airports and related facilities;
No ports
within the
City.
Coordinate intermodal management of
surface and water transportation within
ports, airports and related facilities; and
No ports
within the
City.
Protect ports, airports and related facilities
from encroachment of incompatible land
uses
No ports
within the
City.
67
Added standards for the review of land
development regulations by the Department.
91-5.022
Procedural.
68
Added criteria for determining consistency of
land development regulations with the
comprehensive plan.
91 -5.023
Procedural.
February 25, 2001
69
Defined general lanes
9J -5.003
Procedural.
70
Revised the definition of "marine wetlands."
9J -5.003
Procedural.
71
Repeal the definition of "public facilities and
services."
91 -5.003
Procedural.
A -41
Appendices
Changes to Rule 91 -5, F.A.C. 1989 -2003
91 -5, F.A.C.
Citations
NA
Addressed
(where /how)
Amendment Needed
By Element
72
Revised procedures for monitoring, evaluating
and appraising implementation of local
comprehensive plans.
91- 5.005(7)
Procedural.
73
Repealed requirements for evaluation and
appraisal reports and evaluation and appraisal
amendments.
9J- 5.0053
Procedural.
74
Revised concurrency management system
requirements to include provisions for
establishment of public school concurrency.
9J- 5.005(1) and (2)
Concurrency
Management System
75
Authorized local governments to establish
9J- 5.0055(2)
N/A no
Procedural
multimodal transportation level of service
standards and established requirements for
multimodal transportation districts.
(b) and (3)(c)
districts in
the City.
76
Authorized local governments to establish level
of service standards for general lanes of the
9J- 5.0055(2)(c)
Traffic Circulation
Element Policy 7.1
Florida Intrastate Highway System within
urbanized areas, with the concurrence of the
Department of Transportation.
77
Provide that public transit facilities are not
subject to concurrency requirements.
9J- 5.0055(8)
Procedural.
78
Authorized local comprehensive plans to permit
multi -use developments of regional impact to
satisfy the transportation concurrency
requirements by payment of a proportionate
share contribution.
9J- 5.0055(9)
Procedural.
79
Required the future land use map to show
multimodal transportation district boundaries,
if established.
9J- 5.006(4)
Voluntary, no district
established.
80
Authorized local governments to establish
multimodal transportation districts and, if
established, required local governments to
establish design standards for such districts.
9J- 5.006(6)
Voluntary, no district
established.
81
Required data for the Housing Element include
a description of substandard dwelling units and
repealed the requirement that the housing
9J- 5.010(1)(c)
Data and analysis will reflect an
updated description of substandard
dwelling units.
A -42
Appendices
A -43
Appendices
Changes to Rule 9J -5, F.A.C. 1989 -2003
inventory include a locally determined
definition of standard and substandard housing
conditions.
9J -5, F.A.C.
Citations
NA
Addressed
(where /how)
Amendment Needed
By Element
82
Authorized local governments to supplement
the affordable housing needs assessment with
locally generated data and repealed the
authorization for local governments to conduct
their own assessment.
9J- 5.10(2)(b)
The City uses data
generated from the
affordable housing
needs assessment in this
EAR.
83
Required the Intergovernmental Coordination
Element to include objectives that ensure
adoption of interlocal agreements within one
year of adoption of the amended
Intergovernmental Coordination Element and
ensure intergovernmental coordination
between all affected local governments and the
school board for the purpose of establishing
requirements for public school concurrency.
91- 5.015(3)(b)
ICE Objective 5 and
corresponding policies
84
Required the Intergovernmental Coordination
Element to include:
9J- 5.015(3)(c)
Policies that provide procedures to identify
and implement joint planning areas for
purposes of annexation, municipal
incorporation and joint infrastructure
service areas;
ICE Policy 6.6
Recognize campus master plan and provide
procedures for coordination of the campus
master development agreement;
ICE Policy 5.8
Establish joint processes for collaborative
planning and decision making with other
units of local government;
ICE Objective 1 and
corresponding policies
Establish joint processes for collaborative
planning and decision making with the
school board on population projections and
siting of public school facilities;
ICE Objective 1 and
corresponding policies
Establish joint processes for the siting of
ICE Objective 6 and
A -43
Appendices
Appendices
Changes to Rule 9J -5, F.A.C. 1989 -2003
facilities with county -wide significance; and
91 -5, F.A.C.
Citations
NA
Addressed
(where /how)
corresponding policies.
Amendment Needed
By Element
Adoption of an interlocal agreement for
school concurrency.
Interlocal Agreement
has been signed.
85
Required the Capital Improvements Element to
include implementation measures that provide
a five -year financially feasible public school
facilities program that demonstrates the
adopted level of service standards will be
achieved and maintained and a schedule of
capital improvements for multimodal
transportation districts, if locally established.
9J- 5.016(4)(a)
The City
may be too
small to
justify a
multimodal
transportati
on system.
The EAR will determine whether
multimodal transportation systems
are feasible.
86
Required the Transportation Element analysis
for multimodal transportation districts to
demonstrate that community design elements
will reduce vehicle miles of travel and support
an integrated, multi -modal transportation
system.
91- 5.019(3)
The City
may be too
small to
justify a
multimodal
transportati
on system.
The EAR will determine whether
multimodal transportation systems
are feasible.
87
Required Transportation Element objectives for
multimodal transportation districts to address
provision of a safe, comfortable and attractive
pedestrian environment with convenient access
to public transportation.
91- 5.019(4)
The City
may be too
small to
justify a
multimodal
transportati
on system.
The EAR will determine whether
multimodal transportation systems
are feasible.
88
Authorized local governments to establish level
of service standards for general lanes of the
Florida Intrastate Highway System within
urbanized areas, with the concurrence of the
Department of Transportation.
9J- 5.019(4)(c)
Traffic Circulation
Element Policy 7.1
Appendices