Amending the Comprehensive Plan

With the exception of emergency amendments, amendments directly related to a Development of Regional Impact DRI or Florida Quality Development FQD, amendments to the Osceola County Comprehensive Plan occur twice per year, consistent with the hearing schedule depicted above. The process for initiating a CPA begins with the Osceola County Planning & Zoning Office. Applications and applicable fees, based on an established schedule, are submitted to this office. The CPA process is summarized below:

1. Pre-Appication Conference with Planning Staff

   The applicant should first review the County’s Comprehensive Plan and Land Development Code LDC to determine whether the CPA proposal meets all of the County’s requirements and is consistent with trends of existing development. Both are available for viewing and/or download at www.osceola.org. At least 30 days before the CPA submission deadline, the applicant is encouraged to prepare a preliminary development proposal to discuss with planning staff.

2. Application Submittal

   Once a CPA proposal has been prepared, a completed application package including the applicable fees is submitted. The applicant may also choose to concurrently submit an application for a Zoning Map Amendment ZMA. Where a ZMA is perceived to generate a high impact on the surrounding neighborhood or community, the applicant may be urged to hold an informational meeting or open house to inform the affected public of the proposal.

   Completion of the Growth Management All-Purpose Development Application is required for the filing of a CPA. Since this is a form utilized for the simultaneous filing of other development petitions, it is important to complete only those sections appropriate for the review of a CPA, which include:

   • Selecting the Application Type CPA
   • Completing the Applicant, Agent, and Property Owner Information
   • Completing the Property Information and Project Description
   • Form "F" Comprehensive Plan Amendment

   A completed CPA application must also be accompanied by the following information:

   • Application Fee - - $6,700.00 for Large Scale; $2,300.00 for Small Scale made payable to the Osceola County Board of County Commissioners
   • All-Purpose Development Application - With general information and Section "C" completed
   • Owner - Agent Authorization Form - Name of all parties having interest in the subject property or certification that applicant is authorized to sign the application as agent
   • Proof of Ownership - A copy of the tax bill, warranty deed or print out from the Property Appraisers Office at www.property-appraiser.org
   • Legal Description with Tax ID Numbers - Complete legal description of the property plus any portion for which the amendment is being requested
   • Boundary Survey - by registered land surveyor
   • Existing State of the Parcel and Location Maps - Including property boundaries, location in relation to surrounding area, size of property, existing and proposed future land use
   • Justification Statement - Explaining the need for the requested CPA with appropriate data and analysis to support the change and demonstrate consistency with the Comprehensive Plan
   • Statement of Availability and Demand of Public Facilities - Including sanitary sewer, solid waste, drainage, potable water, police / fire protection, transportation, schools and recreation as appropriate
   • Transportation Demand Analysis - For methodology, contact the Transportation Office at 407-742-0601
   • School Capacity Application - Contact Lori Wall at walllori@osceola.k12.fl.us or 407-518-2916. Applications may also be obtained at the Osceola County School Board Facilities Planning, located at 809 Bill Beck Boulevard, Kissimmee, FL 34744
   • Numbers of Copies - Two 2 copies of development application & supporting documents are required for Level I Sufficiency Review. When application is found to be complete, five 5 copies of development application & supporting documents are required for Level II Sufficiency Review by TRC Project Managers.

   Before application intake, the Comprehensive Planning Section will confirm the completeness of the CPA and address any questions presented by the applicant.

3. Application Distribution and Sufficiency Review

   Two 2 copies of a CPA application and supporting materials are required at the time of submittal. A CPA will be deemed either “sufficient” or “insufficient” for processing within three 3 business days after receipt. This is defined as the Level I Administrative Sufficiency Review, where the application is checked to ensure inclusion of all required information. Applicants will be requested to provide missing information within 1 week of CPA receipt, should an application be determined insufficient at this time. Failure to provide required information within the timeframe allowed will delay processing up to and including exclusion from a large-scale amendment cycle.

   When an application is found to contain all the required information for Level I Sufficiency Review, a total of five 5 additional copies are required for distribution to the TRC for Level II Administrative Sufficiency Review. At this point, the content of the application is checked for accuracy by various County Offices participating in the review.

4. Review of Comprehensive Plan Amendment Application by the TRS

   In addition to ensuring the content of the CPA application is accurate and complete, the TRS reviews the application for consistency with the comprehensive plan and determines the availability and adequacy of public facilities and services.

   Following a determination of consistency by the TRS or the applicant’s refusal to provide further information as requested, the TRS formulates a recommendation and forwards the item to the Planning Commission for consideration.

5. Planning Commission Public Hearing

   In its capacity as the Local Planning Agency LPA, Osceola County’s Planning consists of volunteer members appointed by the Board of County Commissioners BCC to advise on planning and land development matters. Regular meetings of the Planning Commission occur on the first Thursday of each month at 6:00 p.m.

   Approximately 10 days in advance of the hearing, a notification letter detailing the CPA request and public hearing schedule is sent to all property owners within 300 feet of the property under consideration, and a legal ad explaining the request is published in the Orlando Sentinel or other newspaper of general circulation in the County.

   Approximately 10 days in advance of the hearing, a notification letter detailing the CPA request and public hearing schedule is sent to all property owners within 300 feet of the property under consideration, and a legal ad explaining the request is published in the Orlando Sentinel or other newspaper of general circulation in the County.

   After receiving staff’s written recommendations and input from both the applicant and the affected parties on the future land use amendment application, the Planning Commission makes a recommendation for approval, approval with conditions or denial to the BCC.

6. Board of County Commissioners Transmittal Hearing

   The BCC regularly meets on Mondays of each month to conduct public hearings. The Board will typically hold an adoption hearing for small-scale amendments and both adoption and transmittal hearings for large-scale amendments.

   Small scale amendments require only one public hearing before the BCC for adoption. Large scale amendments require a transmittal hearing, which is explained below. If the Board decides against the proposed CPA, the petition dies. Alternatively, if the Board approves the proposed CPA, it is transmitted to DCA and other state agencies for review. Once the agency review process is complete, a second hearing before the BCC occurs to consider the adoption of a large scale amendment.

7. Transmittal of Future Land Use Amendments to DCA

   Small-scale amendments become effective 31 days after transmittal, unless appealed by DCA or another affected party. Large-scale amendments are distributed by the Planning & Zoning Office to various state and regional agencies for a 30-day review period. DCA will generally take 30 additional days to review the comments received and make additional remarks before sending an Objections, Recommendations & Comments ORC report to the County. An ORC report identifies any problems with the CPA, such as inconsistency with the comprehensive plan or lack of appropriate data and analysis to support the amendment.

8. Board of County Commissioners Adoption Hearing "Large-Scale" Amendments Only

   After receiving the ORC report from DCA, the County and the applicant must review the report and consider whether modifications are necessary. Specifically, the Board of County Commissioners has 60 days to adopt, adopt with changes or not adopt the proposed CPA at the adoption hearing. However, if the proposed CPA is an EAR-based amendment, the Board has 120 days to adopt or adopt with changes.

   Approximately 10 days in advance of the adoption hearing, a notification letter detailing the CPA adoption hearing is sent to all property owners within 300 feet of the property under consideration, and a legal ad explaining the request is published in the Orlando Sentinel or newspaper of general circulation in the county at least 5 days in advance of the adoption hearing. The adoption hearing is the last opportunity for a member of the public or affected party to provide input or establish legal standing. Even if standing has been established, speaking or submitting written comments at the adoption hearing may be desirable, as the content of the amendment might have changed from the transmittal hearing as a result of the ORC report.

9. DCA Adoption Review

   If an ORC report has been issued, DCA must review the CPA again to ensure its consistency with the Growth Management Act and Florida Administrative Code, the latter whose rules, regulations and guidelines govern compliance with the former.

   After adoption by the Board of County Commissioners, CPAs are subject to a 45 day compliance review period by DCA, after which it will publish its decision as a Notice of Intent NOI to find the amendment "in compliance" or "not in compliance". Unless an appeal is filed within the 21 day appeal period, amendments become effective and the official comprehensive plan text and/or future land use map is revised in routine updates to reflect the newly approved amendments.

10. Notification of Decision

    The Planning & Zoning Office will notify the applicant in writing immediately upon discovery of the CPA’s final outcome.