Frequently Asked Questions

Can't find the question or answer you're looking for? Click here to ask your own questions!

1.00 - Osceola County Comprehensive Plan 2007

• 1.01) What is the Osceola County Comprehensive Plan?

  The Comprehensive Plan is Osceola County’s official statement of policy regarding future development. Since 1975, Florida law has required every county and city government in the State to adopt and implement a Comprehensive Plan. The Osceola County Board of County Commissioners (BCC) adopted a Comprehensive Plan, the fifth in the County's history, on December 19, 2005, succeeding the 1991 Comprehensive Plan.  The new plan will become effective on July 14, 2008.

• 1.02) What are the contents of the Comprehensive Plan?

  Current Florida law requires that local government plans contain several chapters or elements. These elements are:

  • Future Land Use (FLUE)
  • Transportation
  • Housing
  • Solid Waste
  • Sanitary Sewer
  • Potable Water
  • Natural Groundwater Aquifer Recharge
  • Drainage
  • Conservation
  • Recreation & Open Space
  • Public Educational Facilities* (PEFE)
  • Intergovernmental Coordination  Element (ICE)
  • Capital Improvement Element (CIE)

  In addition to these mandatory elements, Osceola County has an Economic Development Element.

  The Public Educational Facilities Element will be superseded on or about August 18, 2008 by the Public School Facilities Element (PSFE), a name which is preferred by Florida statute. The principal difference between the PEFE and the PSFE is that the PSFE will contain language relating to concurrency for public schools; it will institute a single countywide Concurrency Service Area (CSA); and it will establish levels of service (LOS) standards for public schools of all types at 110% of FISH (Florida Inventory of School Houses) capacity. For a further discussion of the PSFE, consult the "Schools" section of the FAQs at Osceola.org.

  For a discussion of concurrency, see questions #36-38 below.

• 1.03) What is included in a Comprehensive Plan element?

  All elements contain at least two sections—Data & Analysis (D&A), which need not be adopted by ordinance, and Goals, Objectives and Policies (GOPs), which are policy statements that must be adopted by ordinance. Some elements must contain measurements called Levels of Service (LOS) standards. All development proposals (including applications for rezoning and subdivision plats) are reviewed to ensure that these standards are maintained. The CIE must contain a Five Year Schedule of Capital Improvements, keyed to the LOS standards, updated annually. The Future Land Use Element must contain a Future Land Use Map (FLUM) to guide long-term land uses.

• 1.04) What is the Compliance Agreement?

  Following the adoption of the Comprehensive Plan on December 19, 2005, the Florida Department of Community Affairs (DCA) conducted an interagency review of the Plan. On March 17, 2006, the DCA issued a “Notice of Intent to Find Comprehensive Plan Not in Compliance” with Florida’s growth management laws. After more than one year of negotiations, DCA Secretary Thomas G. Pelham signed a Compliance Agreement (also known as a “settlement agreement”) with Osceola County on November 19, 2007. The Compliance Agreement calls for significant changes to the adopted (December 19, 2005) Comprehensive Plan. The BCC conducted a public hearing on the Compliance Agreement on December 10, 2007 and adopted the Compliance Agreement version of the Comprehensive Plan on that date. To learn more about Compliance Agreements, go to Sec. 163.3184(16), FS.  NOTE:  There were two challenges to the Compliance Agreement version of the Comprehensive Plan which were filed by "intervenors."  Their actions resulted in amendments to four specific policies - two each in the Future Land Use and Conservation Element - Goals, Objectives and Policies.  These amendments were accepted by the intervenors and adopted by the Osceola County Board of County Commissioners  on April 21, 2008.  The Comprehensive Plan will be effective on July 14, 2008.

• 1.05) What significant changes were made in the compliance agreement version?

  The most important change is that Osceola County has created a new Mixed Use Future Land Use Map (FLUM) designation which will require a minimum residential density of 5.0 dwelling units per net acre. The Mixed Use areas cover 20.21 square miles (12,934 acre), much of which lie along the east and south shores of Lake Toho and in the vicinity of Narcoossee Road.

• 1.06) What is meant by a "net acre"?

  Future Land Use Element Policy 1.1.3 defines "net density" as follows:

  Net density is defined as the total number of units divided by the developable area. The developable area consists of the residential land area less land for regional, public recreation and open space areas in excess of the County’s minimum requirements, stormwater systems designated by a water management district as “works of the district,” natural water bodies and wetlands.

• 1.07) Has the Board of County Commissioners adopted the compliance agreement version of the Comprehensive Plan?

  Yes, the BCC adopted the Compliance Agreement version of the Comprehensive Plan on December 10, 2007.  The BCC adopted the four amendments (see question 1.04) on April 21, 2008.

• 1.08) When will the Comprehensive Plan be effective?

  July 14, 2008.

• 1.09) How do I get a copy of the Compliance Agreement version of the Comprehensive Plan?

  There are five ways to access the compliance agreement documents:

  1. Go to Osceola.org, the County’s website. The Goals, Objectives, and Policies and maps are available in PDF and Word read-only formats, and can be found here.
  2. Call Ms. Pat Dunkirk at 407-742-0200 for print versions. The charge for print versions is 15 cents per page of text, with an additional charge for color items such as maps. Since the Comprehensive Plan documents run to hundreds of pages, this is not an economical way to obtain the whole Comprehensive Plan.
  3. Bring a compact disc to the Planning Office and we will put the whole product on the CD for you.
  4. Planning Office staff has a CD on file at the Office Max store at 3107 West US Hwy 192 407-870-2041. The staff at Office Max can make a copy for you. Osceola County receives no payment for this service. We offer it as a convenience.
  5. Planning Office staff sells the most recent adopted portion of the Comprehensive Plan GOPs and official maps, not the D&A in bound one-volume sets for $30.00 each.

  We regret that we cannot email the entire set of Comprehensive Plan documents to you. The files are very large, and they won’t make it through firewalls.

• 1.10) Suppose I have a question concerning the contents of the Comprehensive Plan? Who can explain them?

  Jeff Jones, the Countys Smart Growth Coordinator, can be reached at 407-742-2395 or via email at jjon3@osceola.org.

• 1.11) What are the major differences between the 1991 Comprehensive Plan and the 2007 version?

  The two plans are very different in philosophy.

  SIGNIFICANT DIFFERENCES BETWEEN 1991 COMPREHENSIVE PLAN AND THE COMPLIANCE AGREEMENT VERSION:

  1991 Old Comprehensive Plan	2007 New Compliance Version
  No Urban Growth Boundary	Contains Urban Growth Boundary
  No minimum densities for new development in urban areas	Infill Area-minimum densities of 3.0 dwelling units per net acre. Mixed Use Area-minimum densities of 5.0 dwelling units per net acre.
  No criteria for increasing densities and intensities within the Urban Area	Establishes locational criteria to allow for higher densities and intensities of use
  Few policies for the protection of agricultural land and open space	Establishment of Rural Land Stewardship which allows planned development and conservation of large tracts of rural lands

• 1.12) What is the Future Land Use Map FLUM? Is it different from the zoning map?

  The FLUM is a part of the Future Land Use Element of the Osceola County Comprehensive Plan that portrays planned land use patterns at a specific time in the future—in our case, the year 2025. In Florida, every county and every municipality must have a FLUM, and it must be adopted by ordinance. The Zoning Map, which depicts zoning districts and the land uses that may be permitted on any specific parcel of land, is not a part of the Comprehensive Plan—it is a part of the County’s Land Development Code. To view the FLUM series three maps in all, click on the following links:

  • Future Land Use Map 1A
  • Future Land Use Map 1B
  • Future Land Use Map 2

  In Florida, it’s the Zoning Map that must be consistent with the Future Land Use Map, and not the other way around.

• 1.13) What if the zoning designation on my property was consistent with the old FLUM, but inconsistent with the new FLUM? Will the County change my zoning, or will I be responsible for that?

  Osceola County will be amending the Land Development Code (LDC), which includes zoning regulations. For many property owners, these amendments should have the effect of increasing their allowable densities and intensities of use. If the amendments to the LDC do not achieve the desired effect, property owners may apply for a rezoning. As a general rule, the County does not initiate rezonings.

• 1.14) What is the Urban Growth Boundary UGB?

  The UGB is a perimeter that separates urban uses the Urban Growth Area from rural and conservation uses. Similar methods have been used for many decades by the cities of Lexington, Kentucky and Portland, Oregon. Osceola County’s previous comprehensive plans have contained urban service area concepts, but the UGB is new to the Osceola County Comprehensive Plan. To view the UGB click the following link:

  • Future Land Use Map 1A

• 1.15) Has the Urban Growth Boundary changed since it was adopted in 2005?

  There has been one change — the Disney Wilderness Preserve southwest of Lake Toho and east of Poinciana has been removed from the Urban Growth Area.

• 1.16) Can the Urban Growth Boundary be amended?

  Yes, as early as May 1, 2015 and approximately once every seven years after that. Future Land Use Element Policy 1.1.7 provides the following rule for amending the UGB:

  The size of the UGB and its continuing capacity to accommodate the projected population shall be evaluated during each statutorily required Evaluation and Appraisal Report EAR period. If determined that the amount of land available for development is insufficient to allow the UGB to function as desired, adjustment to the boundary may be made through the County’s EAR amendment process. An adjustment to the UGB shall not be approved unless recommended in the EAR and adopted as an EAR amendment.

  The next Evaluation and Appraisal Report EAR was forwarded to the Florida Department of Community Affairs DCA in a proposed form on March 24, 2008; it will be scheduled for adoption on June 23, 2008. UGB amendments will not be considered at that time. The next opportunity will be in 2015.

  For more information about the Evaluation and Appraisal Report, see Questions 1.43 through 1.46.

• 1.17) What densities will be allowed in the Urban Growth Area?

  Densities in the Urban Infill Area will be 3.0 to 18.0 dwelling units per acre. See FLUE Policies 1.3.8, 1.3.9, and 1.3.10. Densities in the Expansion Area which coincides with the “Mixed Use” FLUM designation will range from 5.0 to 25.0 dwelling units per acre. See FLUE Policy 1.3.11. To view the Goals, Objectives, and Policies section of the adopted Comprehensive plan, click the following link:

  • Future Land Use Element

• 1.18) What is the difference between the Urban Infill Area and the Urban Expansion (Mixed Use) Area?

  The Urban Infill Area and the Urban Expansion Area both lie within the Urban Growth Boundary. The difference is that urban and suburban land use patterns are already well established within the Urban Infill Area. The Urban Expansion (Mixed Use) Area is largely undeveloped and has relatively few residents at this time, allowing for compact, pedestrian-friendly forms of mixed use development that integrate residential land uses with commercial and institutional uses. Osceola County will continue to regulate land uses within the Urban Infill Area to maintain existing patterns, although at a somewhat higher density in the case of agricultural lands and some low density residential properties. Within the Urban Expansion Area, development will be consistent with the Conceptual Master Plans required by Future Land Use Element Policy 1.1.10.

• 1.19) What changes will take place outside the UGB?

  There will be few changes outside the UGB, except in the Rural Land Stewardship Areas, if and when they are designated. Allowable densities will remain low—a maximum of one dwelling unit per five acres, except in Rural Settlements, where densities of two units per acre are permitted. (See FLUE Policies 1.3.3 regarding densities in the Rural Agriculture FLUM category; see Policies 1.3.4 and 1.3.5 regarding Rural Settlements.

• 1.20) Will Future Land Use Map designations in the Urban Infill Area be the same as they were in the 1991 Comprehensive Plan?

  In most cases, yes. See next question for a significant exception.

• 1.21) Will the Rural/Agriculture FLUM designation continue to exist in the Urban Infill Area?

  It will not. "Ag" FLUM designations inside the Infill Area will be changed to "Low Density Residential."

• 1.22) My property is located in one of the Rural Enclaves. Is the County going to convert my rural neighborhood from its current one dwelling unit per five acres to three dwelling units per one acre?

  No. See FLUE Policies 1.3.6 and 1.3.7 for more information regarding Rural Enclaves and the manner in which they may be redesignated for higher densities.

• 1.23) My property is shown as Agriculture/Conservation on the FLUM. When the County changes that designation to Low Density Residential, will my taxes go up?

  Property valuations are a function of the free market—when values increase, assessments will increase eventually.

• 1.24) Will the Future Land Use Map designations in the Urban Expansion Area be the same as they were in the old (1991) Comprehensive Plan?

  No. "Mixed Use" will be the FLUM designation.

• 1.25) Will commercial and industrial uses be allowed in the Mixed Use Area?

  Yes. In fact, the Future Land Use Element anticipates that commercial and office uses will be a part of all development projects within the Mixed Use FLUM category. FLUE Policy 1.3.13 creates a hierarchy of non-residential centers - Neighborhood, Community, Urban, and Employment - and prescribes locational criteria for each. Policy 1.3.15 contains guidelines for the mixture of uses within the Mixed Use districts as a whole. Policy 1.1.9 contains guidelines for the mixture of use in each of the nine districts.

• 1.26) Five dwelling units per net acre is the minimum residential density allowed in the Mixed Use Area. Are there any exceptions?

  Yes, according to Future Land Use Element Policy 1.1.3, which defines "net density", the following land uses will not be counted toward the minimum density - natural waterbodies, wetlands, regional parks and open space, and regional stormwater systems.

• 1.27) What needs to be done to obtain a density higher than 5.0 dwelling units per acre in the Mixed Use Area?

  Meet the locational criteria in FLUE Policies 1.3.9 and 1.3.10 (residential) or Policy 1.3.13 (non-residential).

• 1.28) When staff reviews development applications, what version of the Comprehensive Plan will they use?

  The one in effect on the day the complete application was filed.

• 1.29) Where will the "true and correct" copy (ies) of the adopted comprehensive plan reside?

  The true and correct copy can be found at the Clerk of the Board’s office on the Fourth Floor of the County Administration Building. The Planning Office will maintain a CD version for the convenience of staff and the public.

• 1.30) What is the process for requesting an interpretation of the comprehensive plan?

  Please address your written request to:

  Don Fisher
  Administrator
  Growth Management Division
  1 Courthouse Square, Suite 1400
  Kissimmee, FL 34741

• 1.31) What will be the internal process for responding to requests for interpretations or information?

  Written requests for information will be forwarded to Jeff Jones. They will forward their written interpretations with cc’s to each other to the Division Administrator or his designee for review before releasing to the public. For the sake of consistency, we will maintain a master file of all interpretations. If appropriate, the interpretations will be incorporated into the FAQs.

• 1.32) Are there any vested rights determinations outstanding with the current plan? If so, do we need to evaluate those determinations in light of new plan?

  Development in Poinciana is subject to Binding Letter of Interpretation of Vested Rights (BLIVR 783-002).

• 1.33) How will staff handle existing zoning that is not in compliance with the Comp. Plan, specifically when related to zoning compliance letters, development applications, and prelim. development orders?

  If the existing zoning is inconsistent with the FLUM or with other components of the Comprehensive Plan, the applicant cannot proceed until the inconsistency is remedied, typically through a FLUM amendment.

• 1.34) Can Neighborhood Centers become Community or Urban Centers when their market areas grow up?

  Yes. The Compliance version of the Comprehensive Plan allows a high level of flexibility to the owner of commercial property, with ultimate intensities closely linked to locational criteria. Amendments to the FLUM are not required if the property meets those criteria.

• 1.35) Does every incremental development within one of the mixed use districts have to meet the min. density requirement; or is the min. density requirement only applicable at the DRI or district level?

  Every development within a Mixed Use district must meet the minimum density requirement, unless the development is subject to a Development of Regional Impact (DRI) or Development of County Impact (DCI) development order. In those cases, County staff will see that the development order is sufficiently rigorous to assure that the minimum requirements are scrupulously adhered to.

• 1.36) What is concurrency?

  Concurrency is one of the core doctrines of Florida’s 1985 Growth Management Act. It means that new land developments are responsible for the capital costs of infrastructure and services, as defined in the LOS within the elements of the Comprehensive Plan, and that local governments must withhold development orders if new infrastructure (e.g. roads, water and sewer service, solid waste, and parks) is not provided concurrent with the development.

  Effective in 2008, with the adoption of the Public School Facilities element and its implementing ordinances, public schools will also be subject to the concurrency requirement.

• 1.37) Are there exceptions to concurrency?

  Florida law allows concurrency to be applied in different ways, depending on the type of infrastructure or service. For example, roadways may fall below the adopted LOS, provided the local government’s Capital Improvement Element (CIE) commits to sufficient financially feasible funding within three years.

• 1.38) Who will answer questions about concurrency all facilities, not just transportation related to the Comprehensive Plan levels of service following plan adoption?

  The Transportation Office Aaron Michelson will answer questions regarding roadway concurrency.  Questions concerning public schools concurrency should be addressed to Wayne Bennett at 407-742-0200. Questions concerning other types of concurrency should be directed to Steve Josephson in the Planning Office.

• 1.39) Will staff develop an application/procedure for FLUM compliance letters?

  The Planning and Zoning Office is taking an informal approach to FLUM compliance letters. Email the Office or send a letter to Don Fisher, Deputy Administrator (see question 1.30 above), and request a compliance letter. Be sure to include the property’s address and tax ID number.

• 1.40) Are there "rules" for interpretation of the FLUM boundaries?

  At present there are no rules. Staff will be considering model language for inclusion into the Administration section of the Land Development Code.

• 1.41) Will staff accept applications for a Zoning Map Amendment (ZMA) without a concurrent Comp. Plan amendment (or any other type of development application) when the request is inconsistent with the FLUM?

  Staff will, provided the applicant has concurrently filed for the appropriate FLUM/FLUE amendment. In practice, staff does not anticipate a large amount of FLUM/FLUE amendment applications. They will be very rare outside the UGB and not necessary inside the Mixed Use area.

• 1.42) Within the UGB, do wetlands count as part of the lot area for minimum lot size requirements?

  No.

• 1.43) What is an Evaluation and Appraisal Report (EAR)?

  The EAR is a comprehensive policy audit of a local government’s existing Comprehensive Plan. Usually, an EAR is the first step toward the revision of a Comprehensive Plan, as was the case of the 1998 EAR, which led to the revision and eventually adoption of the new Comprehensive Plan on December 10, 2007.

• 1.44) Does a challenge to the Comprehensive Plan have an effect on the due date for the next Evaluation and Appraisal Report?

  No, the statutory due date for the adoption of a new EAR was March 1, 2008. The Florida Department of Community Affairs asked Osceola County to complete the EAR as soon after the due date as possible.

• 1.45) What is the status of Osceola County's most recent EAR?

  The Planning Commission conducted a hearing on the proposed EAR on March 20, 2008. On March 24, 2008, the Board of County Commissioners voted to provide the proposed EAR to the Florida Department of Community Affairs (DCA) for interagency review. Comments from DCA, state and regional agencies, and neighboring jurisdictions will be returned to Osceola County and incorporated into the final version. The Board of County Commissioners conducted an adoption hearing on June 23, 2008, and unanimously adopted the revised version, which was forwarded to DCA for approval.

• 1.46) Can the proposed EAR be viewed online?

  Yes, the proposed EAR can be viewed on the County’s website via the following link:

  • Evaluation and Appraisal Report

• 1.47) What happens if the BCC adopts a development order that conflicts with the standards approved by the ECFRPC?

  It would be a violation of the Comprehensive Plan for the BCC to approve a Development Order (DO) for a density lower (or higher) than that allowed by ECFRPC rules. Osceola County would be subject to legal sanctions which could be initiated by "any affected person."

• 1.48) Will Osceola County continue to process applications for lot splits, even if they create lots that are lower than the minimum densities allowed in the UGB?

  This matter will be addressed when Osceola County adopts new land development regulations to implement the Comprehensive Plan. In the meanwhile, Osceola County will continue to process applications for lot splits, which will be evaluated for consistency with the Comprehensive Plan.

• 1.49) How does the new Comprehensive Plan address wetlands?

  The new Comprehensive Plan has some major changes in the regulation of wetlands. See Policies 1.4.5 through 1.4.16 of the Conservation Element. Policy 1.4.8 establishes three categories of wetlands consistent with the State’s Uniform Mitigation Assessment Method (UMAM). Policy 1.4.10 requires an Ecological Evaluation (EE) for sites proposed for development. Policy 1.4.11 states when wetland protections will apply within the three categories. Policy 1.4.12 requires setbacks in from the three categories.

• 1.50) How will density credits work?

  The purpose of transferable development rights in Osceola County will be to preserve open space and to provide incentives for development on an urban scale. A credit will be equal to one dwelling unit. Persons who wish to develop properties within the UGB at a density lower than the allowable minimum (3 units per net acre in the Infill Area; 5 units per acre in the Expansion Area) could purchase the number of credits based upon the number of units they don't want to build. The per-unit cost of the credit would be determined by the density of the land from which the credits would be purchased. The Comprehensive Plan allows a maximum density of 1 dwelling unit per 5 acres in rural areas. Therefore, to reduce by 100 the number of allowable units for a project inside the UGB, it would be necessary to purchase development rights for 100 units (i. e. covering at least 500 acres) on land outside the UGB.

• 1.51) Will Planned Development (PD) zoning be required in the Mixed Use FLUM district?

  The Comprehensive Plan does not require that all development within the Mixed Use FLUM district be approved via a PD, but Osceola County anticipates that most developments will be handled in this manner. The Mixed Use FLUM category was created to encourage a mixture of land uses and the PD is the best instrument available for approving more than one land use on a site.

• 1.52) Will the County initiate a rezoning of properties to bring them into compliance with the new FLUM designations?

  At this time, Osceola County does not plan to initiate a mass rezoning to bring private lands into conformance with the new FLUM. Staff intends to implement the provisions of the Comprehensive Plan, including densities and intensities of use, through amendments to the Land Development Code.

• 1.53) What if I have a question that hasnt been addressed in the FAQs?

  We intend to update the FAQs as often as necessary. Call 407-742-0200 for further questions.

2.00 - Comprehensive Plan Amendments

• 2.01) Can my Land Use and Zoning Designations be inconsistent?

  Yes. An inconsistency must be resolved prior to the issuance of any new permits. Either the future land use or zoning designation needs to be changed. A future land use change is called a Comprehensive Plan Amendment, and a zoning change is a Zoning Map Amendment.

• 2.02) How do I apply for a Comprehensive Plan Amendment?

  Applications are available from the Planning and Zoning Office, Suite 1400, of the County Administration Building. You will need a copy of the property deed, the parcel ID number, and, if you are not the owner, a signed letter of authorization from the owner. You do not need a survey of the property to apply. You will need to remit fees at the time of application submittal. Amendment applications are $3,710.45 plus $7.50 per acre and are non-refundable. Checks should be made payable to the Osceola County Board of County Commissioners.

• 2.03) What should I consider before applying?

  Your property should be located on a county-maintained road that has enough capacity to accommodate any extra traffic generated by the potential development of that parcel. Also, central water and sewer may be required, depending on the intensity of the land use change. Applications will be reviewed for compliance with the Osceola County Comprehensive Plan, as well as for compatibility with adjacent and surrounding land uses.

• 2.04) How does the review process work?

  All amendments are subject to the regular public hearing process. County staff review the applications and provide a recommendation the Planning Commission and Board of County Commissioners. Applicants and other interested parties have the opportunity to address these items at the public hearings. After review by the board, amendments are forwarded to the Florida Department of Community Affairs for final review. For large scale amendments (over 10 acres), this may then require extensive analysis by the applicant to address issues of concern to the Planning and Zoning Office.

• 2.05) How long does it take?

  Typically, applications for small scale amendments (10 acres or less) take approximately 90 days to process. Large scale amendments (10+ acres), which are subject to a more extensive review and analysis, take approximately six to eight months.

• 2.06) When can I apply?

  Applications for small scale amendments are accepted anytime, but typically are scheduled for public hearings in two week intervals. A schedule of these deadlines is available from the Planning and Zoning Office or in the detailed description of the Requirements, Calendar, and Process for Comprehensive Plan Amendments.

  Large scale amendments are only accepted twice a year, as mandated by Florida statute.

• 2.07) Where can I obtain a detailed description of the Requirements, Calendar, and Process for Comprehensive Plan Amendments?

  A detailed description of the Requirements, Calendar, and Process for Comprehensive Plan Amendments can be obtained from the Planning and Zoning Office.

3.00 - Concurrency

• 3.01) What is Concurrency?

  Concurrency, as defined by 9J-5.003(19) of the Florida Administrative Code, is the requirement that the necessary public facilities and services to maintain the adopted Level-of-Service standards are available when the impacts of development occur. There are seven public facilities addressed in a Concurrency Review. These include traffic, mass transit, water, sewer, solid waste, parks and recreation, and drainage.

• 3.02) What is the Concurrency Management System?

  The Concurrency Management System (CMS) is a collection of computer files, which track and manage development as it occurs throughout Osceola County. The objective of the Concurrency Management System is to manage the County's public facilities and services by directing development toward those areas where adequate Levels-of-Service for public facilities are currently or proposed to be in place, thus discouraging urban sprawl.

• 3.03) What is Level of Service (LOS) and what is the County's adopted Level-of-Service Standard?

  Level-of-Service is a scale which measures the County's public facilities and services. The adopted LOS varies among the different facilities/services and can be found in the Osceola County Land Development Code. You can obtain a copy by visiting the Planning and Environmental Service Department, or by downloading a copy available in the Building and Development department website.

• 3.04) How do I apply for a Concurrency Review?

  There are two types of Concurrency Review: Preliminary Development Order and Final Development order. Preliminary Development Order Review occurs at the Preliminary Development Order stage (Rezoning, Conditional Use, Preliminary Subdivision Plan, Macro CDP). At this time, the applicant may choose to reserve the capacities, for a fee, generated by the project or defer capacity reservation until Final Development Order (Micro CPD, Final Subdivision Plan, Conditional Use/SDP, Engineering Plan). SHould the applicant wish to defer capacity reservation, a Certificate of Capacity Deferral must accompany the Preliminary Concurrency Review Order application. Applications and Certificates of Capacity Deferral are available from the Permitting and Development Department, first floor of the County Administration Building. Application fees are $100 and are non-refundable. Checks should be made payable to the Osceola County Board of County Commissioners.

• 3.05) How does the review process work?

  All applications undergo an extensive review and are subject to comments and/or conditions of approval by the Concurrency Manager. Should capacities be unavailable at the time of the proposed development, the application for development may be denied. The Concurrency Manager will not approve any proposed development which does not meet or exceed the adopted Levels-of-Service for each public facility/service impact.

• 3.06) How long does it take?

  Typically, CMS applications take approximately one week to process. Larger developments are subject to a more extensive review and analysis and may take up to two weeks.

• 3.07) When do I apply?

  Applications for Concurrency Review are required with almost every parent application Rezoning, Conditional Use, CDP, Preliminary and Final Subdivision, DRI, PD Amendments, etc.... Applications can be obtained from the Building and Development Department, located on the first floor of the County Administration Building. Applicants may request that a copy of the CMS application be sent to them via e-mail by contacting the Concurrency Manager at 407-742-0200.

4.00 - Development and Environmental Services

• 4.01) Why have land management?

  The purpose and intent of land management is to preserve and promote a healthy and safe environment that facilitates the creation of a convenient, attractive, and sustainable community.

• 4.02) Are trees protected?

  By ordinance, trees are valued by the county, and removal may require a permit from the Land Management Inspector. For an application, or information, please call 407-742-0200. Also See "When do I need a clearing permit?"

• 4.03) Are there any landscaping requirements?

  Yes. Specifics can be found in Chapter 10 of the Land Development Code.

• 4.04) What is mitigation?

  The compensation (money, land) that is provided to the government when you develop wetlands.

• 4.05) What is a Conservation Area?

  In Osceola County, there are three main types of conservation areas; wetlands, scrub, and habitats that contain Threatened and Endangered Species (T&E) and Species of Special Concern (SSC). WETLANDS serve natural biological functions by providing habitat for wetland dependent wildlife, recycling nutrients from runoff, providing areas of natural aquifer recharge and providing natural erosion and sediment control. A wetland may be associated with a lake, stream or may be isolated. The existence of a wetland is determined by the types of soil, vegetation and hydrology of the area. Activity within or adjacent to a wetland, such as clearing or disturbing the soil, is restricted. Please contact the Osceola County Planning & Environmental Service Dept. for help in identifying potential wetland conservation areas on your property. FLORIDA SCRUB HABITATS function as a home to more than two dozen threatened and endangered species. A distinctive feature of a scrub area is the white or yellow sandy soil. Osceola County is home to some of the endangered habitat. Please contact the Osceola County Planning & Environmental Services Dept. for more information on scrub habitats and assistance in identifying them on your property. THREATENED AND ENDANGERED SPECIES & SPECIES OF SPECIAL CONCERN are located in many different types of habitats. Some of the most common protected species include bald eagles, gopher tortoises and scrub jays. For a complete list and more information on these species, visit the Fisheries and Wildlife Services online at endangered.fws.gov.

• 4.06) What do I need to develop my property?

  • Land Clearing Permit - Planning and Environmental Services Department
  • Building Permit - Building and Development Department

  You may also need additional permits and / or approvals from the Building, Code Enforcement, Engineering, Planning, and Zoning Offices.

• 4.07) When do I need a clearing permit?

  Anytime you conduct development activity as defined by Florida Statutes, disturb the vegetation or alter the soil on any site that is undeveloped, a clearing permit is required. All commercial sites require permits whether developed or undeveloped. Homeowners are exempt after a primary residence has been established on the property. However, clearing or tree removal should not impact any conservation areas.

• 4.08) Who is FDEP?

  FDEP stands for Florida Department of Environmental Protection. FDEP regulates development activity that occurs within jurisdictional wetlands and lakes in Osceola County. If you know that you have wetlands on the property that you are developing, you will need to contact FDEP (407-894-7555) for a jurisdictional line determination. This will be required for your clearing and/or building permit. This is a free service, but you need to allow at least 4 weeks.

• 4.09) When do I need a permit for a boat dock?

  A building permit is required from Osceola County for all boat dock and water dependent structures. An additional permit from FDEP is required when constructing a dock 1000 sq. ft. or more. If the dock is used commercially or impacts the water flow or shoreline, a permit from FDEP may also be required.

• 4.10) What is a Safe Development Line?

  Safe Development Lines are lines of elevation along a lake. This line indicates building setbacks. Non-water dependent structures are prohibited from being built or placed lakeward of the Safe Development Line. Septic systems must be 150ft landward of the Safe Development Line. Safe Development Lines are observed on the following lakes in Osceola County:

  • Alligator
  • Ajay
  • Brick
  • Center
  • Coon
  • Gentry
  • Lizzie
  • Trout
  • Joel
  • Myrtle
  • Preston
  • East Tohopekaliga
  • Tohopekaliga.

  The elevation of the Safe Development Line varies by lake. Please check with your surveyor or the Planning and Environmental Services Department for the correct elevation.

  NOTE: Any property that was platted prior to the adoption of the Osceola County Comprehensive Plan on April 22, 1991 may be exempt from this provision.

5.00 - Lot Split and Simple Subdivision

• 5.01) Why do we have these regulations?

  Rules governing the subdivision of land establish standards of design that encourage the development of sound and economically viable communities. This is done by insuring that development occurs in an orderly and consistent manner, and that necessary facilities are in place to serve the residents of Osceola County.

• 5.02) What constitutes a Lot Split?

  A lot split is the division of a tract, parcel, or lot into only two lots (one new and the original), where each lot abuts a county maintained road which has been duly dedicated and accepted, and no new streets are created and there is no change in the length or alignment of an existing street.

• 5.03) What constitutes a Simple Subdivision?

  Criteria for simple subdivisions are the same as lot splits, except that the parent parcel is divided into three or more lots.

• 5.04) What do I need to do first?

  First, determine the parcel ID number for your property. This is located at the top of your tax bill and begins with an "R". If you dont have your bill, call the County Property Appraisers office at 407-742-5000 and ask them to look it up. Next, call or visit the County Planning and Zoning Offices to determine if your property has the appropriate zoning and land use designations to accommodate the proposed division. The proposed lots must comply with the Osceola County Comprehensive Plan, Subdivision Regulations, and the minimum development standards of your zoning district.

• 5.05) Do I need to have my property surveyed?

  Yes. For lot splits, two copies of a survey performed by a Florida licensed surveyor must be submitted. A sketch drawn by a licensed surveyor may substitute. Your surveyor can tell you if that is an appropriate alternative. For simple subdivisions, eight blueline prints of a professionally engineered plat must be submitted in accordance with sections 3.6 and 4.5 of the Osceola County Minimum Land Subdivision Regulations. Copies of these regulations are available from the Zoning Department.

• 5.06) What about lakes and wetlands?

  If the property fronts on a lake, contact the Planning Office to determine if you need to observe the safe development line. If you believe there are wetlands present, contact the County Environmental Scientist at 407-742-0200.

• 5.07) Where do I apply?

  Applications are available from the Building Office, in the County Administration Building. You can also download an application in PDF format from the Documents section of this site. Simply print it out on your home PC, fill in all of the appropriate fields, and return it to the Building Office.

• 5.08) Further Questions?

  Please call the Planning Office at 407-742-0200.

6.00 - Maps and GIS

• 6.01) What is GIS?

  Digital mapping technology software which utilizes a tabular database and graphics to generate and analyze maps.

• 6.02) What kind of maps are available to the public?

  Zoning, land use, (future and existing) major development paths and other specialized maps.

7.00 - School Planning Frequent Questions

• 7.01) How many school districts are there in Osceola County?

  Only one—the School District of Osceola County is responsible for all pre-school through twelfth grade public instruction in Osceola County. That is true of all counties in Florida.

• 7.02) What is the Public Schools Facilities Element (PSFE)?

  It’s the element of our Comprehensive Plan that sets the levels of service (LOS) for public schools. It also states the County’s policy for the siting and development of new schools.

• 7.03) When was it adopted?

  The PSFE has not been adopted yet. On March 10, 2008, the Board of County Commissioners authorized the transmittal of the draft PSFE, along with related changes to the County’s Intergovernmental Coordination Element (ICE) and Capital Improvement Element (CIE), for interagency review headed by the Florida Department of Community Affairs (DCA).

• 7.04) How long will the interagency review take?

  The PSFE and related amendments were received by the DCA on March 21, 2008. DCA then has five days to determine whether the package is complete. The review agencies have 30 days to review and provide comments to DCA. Within 60 days of the determination of completeness, DCA packages and mails the letter of Objections, Recommendations, and Comments (ORC) to the local government. The deadline for receipt of the ORC is therefore May 20, 2008.

• 7.05) When will the Board of County Commissioners adopt the PSFE?

  The Board of County Commissioners’ must adopt the PSFE and related changes within 60 days of receiving the ORC. The likely adoption date is July 21, 2008.

• 7.06) How is the exiting PEFE different from the new PSFE?

  The Data & Analysis (D&A) section is completely different—the PSFE contains new data throughout. The existing PEFE, which was a part of the Osceola County Comprehensive Plan that was adopted in 2005, does not contain Levels of Service (LOS) standards; the PSFE now under consideration contains LOS of 110% of FISH (Florida Inventory of School Houses) for all types of schools for the next five years and thereafter. The PEFE was an optional element—local governments were not required to adopt one, but they were binding if adopted. Finally, the PSFE addresses the challenges of concurrency as mandated by the Florida Legislature (Sec. 163.3180, Florida Statutes).

• 7.07) Osceola County doesn’t build or operate public schools. Why do we have a Public School Facilities Element in our Comprehensive Plan?

  Because it is required by Florida law. Florida’s 1985 Growth Management Act did not mandate the inclusion of educational facilities as a part of local government comprehensive plans. In 2005, the Legislature mandated that local governments (county as well as municipal) adopt a Public School Facilities Element.

• 7.08) What are the contents of the PSFE?

  The PSFE contains a Data & Analysis (D&A) section, which need not be adopted by ordinance, and a Goals, Objectives, and Polices (GOPs) section which must be adopted by ordinance. The LOS are included in the GOPs.

• 7.09) What levels of service standards were adopted in the Comprehensive Plan?

  The LOS for all school types—including elementary, middle, high, and magnet schools, as well as schools of choice— is 110% of FISH (Florida Inventory of School Houses). FISH is an inventory of student stations maintained by the Florida Department of Education.

• 7.10) Does 110% mean that Osceola County is committed to maintaining overcrowded schools?

  No. Most of Osceola County’s schools are currently operating at or below (i.e. better than) 100% of FISH capacity. A school operating at 110% of its FISH capacity may not be ideal, but it is far from crowded.

• 7.11) Who wrote the Osceola County PSFE?

  Staff of the Osceola County Planning Office, working in collaboration with the staff of the School District of Osceola County, prepared the element in the spring and summer of 2007. This effort was funded by a $25,000 grant from DCA.

• 7.12) Has DCA already had a look at the PSFE?

  Yes. The draft version of the PSFE was forwarded to DCA by Osceola County staff on August 30, 2007. DCA responded with generally favorable comments on September 21, 2007. The version transmitted by the Board of County Commissioners on March 10, 2008 reflects those comments.

• 7.13) Are there any significant differences between the 2007 draft and the 2008 transmitted version of the PSFE?

  The draft which was forwarded to DCA on August 30, 2007 did not contain LOS standards because at the time we did not know what they would be. (The School Board has since identified the 110% standard which was incorporated into the transmitted version.) The issue of whether CSAs should be countywide or less-than-countywide had not been resolved as of August 30, 2007, so the earlier version did not identify the countywide approach as it appears in the transmitted version.

• 7.14) Since DCA has already reviewed the draft PSFE, can we assume that they won’t have any objections or adverse comments to the transmitted version?

  Staff does not anticipate any serious objections, but there are no guarantees.

• 7.15) Do the cities of Kissimmee and St. Cloud have PSFEs, and are they in conflict with Osceola County’s?

  The Kissimmee City Commission and the St. Cloud City Council transmitted their versions of the PSFE to DCA on March 6 and February 21, 2008, respectively. The three elements adopted by the local governments are substantially the same, although the two municipalities made adjustments to their versions to fit local needs. They are not in conflict.

• 7.16) What is the Interlocal Agreement (ILA)?

  A written document adopted by two or more governing bodies which commit the respective local governments to actions or procedures. Osceola County has had two ILAs related to school facilities planning—the 2003 ILA and the 2008 ILA.

• 7.17) What was the purpose of the 2003 ILA?

  In 2002, the Florida Legislature required School Boards to enter into ILA with the county and municipal governments within their jurisdictions. In 2003, the governing bodies of the School District, Osceola County, and the Cities of Kissimmee and St. Cloud adopted an ILA to guide the planning process for new schools. Among other features, the 2003 ILA called for the creation of a Technical Working Group (TWG) composed of staff of the four local governments, and it called for an annual summit of elected officials to address school planning issues.

• 7.18) What is the purpose of the 2008 ILA?

  In 2005, the Florida Legislature required that local governments address concurrency in their ILAs. The 2008 ILA creates a framework for the implementation of concurrency on a countywide basis.

• 7.19) What is concurrency?

  Concurrency is one of the core doctrines of Florida’s 1985 Growth Management Act. It means that new land developments are responsible for the capital costs of infrastructure and services, as defined in the LOS within the elements of the Comprehensive Plan, and that local governments must withhold development orders if new infrastructure (e.g. roads, water and sewer service, solid waste, and parks) is not provided concurrent with the development.

• 7.20) Will concurrency be applied on a less-than-countywide basis?

  Eventually, yes. The 2005 legislation requires that county governments create at least two Concurrency Service Areas (CSAs) no later than five years after the adoption of the ILA. During the first five years, less-than-countywide CSAs may be adopted, but they are not mandatory.

• 7.21) Did Osceola County adopt less-than-countywide CSAs for the first five years?

  No. The PSFE and ILA call for countywide CSAs for the first five years, although the School Board may propose to amend the ILA to create less-than-countywide CSAs at an earlier time. This will require the approval of the other governing bodies.

• 7.22) Suppose a new development would drive LOS above the 110% LOS on a countywide basis. What options would the developer have?

  The developer could agree to halt development when 110% of FISH capacity is reached. The developer could agree to phase the project so that development would cease at 110% and resume when additional school capacity is available. Or the developer could seek a proportionate share agreement to “up front” the development’s share of impact fees in the form of cash or land for a school site.

• 7.23) Will the proportionate share option be available to developers?

  Yes. County staff will be working with a consultant to prepare a model ordinance and implementing procedures to guide the process for the School Board and the three local governments.

• 7.24) Will proportionate share fees be tied to impact fees?

  Yes. County staff will be working with a consultant to prepare a model ordinance and implementing procedures to guide the process for the School Board and the three local governments.

• 7.25) Was the 2003 ILA repealed when the 2008 ILA was adopted?

  No. The contents of the 2008 ILA are in addition to the 2003 ILA, which remains in force.

• 7.26) When was the 2008 ILA adopted by the Board of County Commissioners?

  The Osceola County Board of County Commissioners adopted the ILA on March 31, 2008.

• 7.27) When did the School Board adopt the ILA?

  The Osceola County School Board adopted the ILA on April 8, 2008.

• 7.28) Did the School Board participate in the preparation of the Interlocal Agreement?

  Yes. School Board staff, along with the staffs of the cities of Kissimmee and St. Cloud, participated at two levels—planning staff participated through the TWG to prepare the original draft and the School Board’s attorney worked with the County and City Attorneys to finish the final draft of the ILA. The local governing bodies—the Osceola County Board of County Commissioners, the Kissimmee City Commission, the St. Cloud City Council, and the Osceola County School Board—have the final say.

• 7.29) Do the PSFE and the Interlocal Agreement say the same things?

  They say some of the same things. For instance, they both commit to a LOS that is 110% of FISH capacity for all schools. The PSFE ideally takes a broader view of school planning than the more detail-oriented ILA which implements the PSFE’s Goals, Objectives and Policies. There are significant differences among the local government PSFEs, but the ILA is identical for all four bodies.