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HomeMy WebLinkAboutAgenda Packet 06.21.2018 Generated 6/12/2018 5:10 PM PLANNING & ZONING COMMISSION AGENDA ST. LUCIE COUNTY P & Z Regular Meeting Thursday, June 21, 2018 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS Chairman WILLIAM O'DELL Board Member CRAIG MUNDT Board Member SEAN MITCHELL At-Large Board Member BOBBY HOPKINS At-Large Board Member JAMES TAYLOR Board Member EDWARD LOUNDS Board Member WILLIAM SMITH At-Large Board Member JAMES CLASBY At-Large Board Member ROBERT LOWE Ex-Officio Board Member MARTY SANDERS P & Z Regular Meeting Thursday, June 21, 2018 6:00 PM 2 | P a g e WELCOME  Please turn off all cellular phones and pagers prior to entering the Commission Chambers.  Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory capacity to the St. Lucie County Board of County Commissioners and has the power to review and make recommendations to the Board, for approval or disapproval, on any applications within their area of responsibility.  The Planning and Zoning Commission strongly encourages your input and comment at the public hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.  For public convenience, all meetings are televised and are provided with wireless internet access. P & Z Regular Meeting Thursday, June 21, 2018 6:00 PM 3 | P a g e 1. CALL TO ORDER A. Pledge of Allegiance B. Invocation C. Roll Call D. Announcements E. Disclosure(s) 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, May 17, 2018 3. PUBLIC COMMENT 4. PUBLIC HEARINGS A. N/A 5. WORKSHOPS A. Workshop to provide an overview of the upcoming Evaluation and Appraisal Review Comprehensive Plan Amendments. 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN P & Z Regular Meeting Thursday, June 21, 2018 6:00 PM 4 | P a g e NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission / Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. Generated 6/7/2018 7:39 AM ST. LUCIE COUNTY PLANNING & ZONING COMMISSION ST. LUCIE COUNTY, FLORIDA P & Z Regular Meeting May 17, 2018 Convened: 6:00 PM Adjourned: 10:17 PM 1. CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman William O'Dell A. Pledge of Allegiance B. Invocation Mr. Hopkins Attendee Name Title Status Arrived William O'Dell Chairman Present Edward Lounds Board Member Present Craig Mundt Board Member Excused William Smith Board Member Present Sean P. Mitchell Board Member Present James Clasby At-Large Board Member Present Bobby Hopkins At-Large Board Member Present Robert Lowe At-Large Board Member Present James Taylor At-Large Board Member Present Marty Sanders Ex-Officio Board Member Absent D. Announcements None E. Disclosure(s) None 2.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 7 , 2 0 1 8 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 17, 2018 6:00 PM 2 | P a g e 2. MINUTES A. St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 19, 2018 RESULT: ACCEPTED [UNANIMOUS] MOVER: Robert Lowe, At-Large Board Member SECONDER: James Taylor, At-Large Board Member AYES: O'Dell, Lounds, Smith, Mitchell, Clasby, Hopkins, Lowe, Taylor EXCUSED: Craig Mundt 3. PUBLIC COMMENT None 4. PUBLIC HEARINGS A. Crossing Church aka St. James Christian Academy (Educational Services, Grades K-5 & 9-12) - Conditional Use Permit Kori Benton, Senior Planner stated the Crossing, a Network of Community Churches Inc. is requesting a Conditional Use Permit to allow for educational services (Grades K-5 & 9-12) within an existing church campus established across a +/-9.55 acre property located at 5200 Oleander Avenue, situated on the east side of Oleander Avenue roughly .2 miles south of Midway Road. The subject property is zoned I, Institutional and is designated RU (Residential, Urban) on the Future Land Use Map. St. James Christian Academy began operations in St. Lucie County with the 2012/2013 school year, occupying a portion of the Orange Blossom Business Center on Okeechobee Road, in Fort Pierce. St. James Christian Academy was granted Conditional Use approval by the City of Fort Pierce, to operate a K-12 private school within approximately 42,256 s.f. of space devoted to 16 classrooms, offices, and a cafeteria/auditorium without a commercial kitchen or food preparation. In early 2016, St. James completed an addition of 22 classrooms, offices, a multi-purpose room, a ballet studio, restrooms, and a breakroom within their previous campus. The school previously enrolled nearly 600 students from grades pre-school through 12th grade. The storm event of Hurricane Irma, in September 2017, caused substantial flood damage to their previous campus, necessitating temporary relocation and consideration for semi- permanent location of their educational service operations. The damage incurred to the previous campus, and transition to various sites to maintain school operations, has notably reduced enrollment within the school. A significant portion of the school’s elementary and high-school services are proposed for incorporation within the Crossing Church site. The proposed operational hours are 7:00 a.m. to 6:00 p.m., Monday through Friday, independent from church related activities. Child, before care, would begin at 7:00 am, with school teachers arriving around 8:00 am. Bus and parent drop-off activities are intended to be staggered 2.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 7 , 2 0 1 8 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 17, 2018 6:00 PM 3 | P a g e between 8:20 am and 8:45 am, with dismissal at 3:15, which is presented by the applicant as an effort to offset peak activities from the adjacent White City Elementary School. The applicant is guided to review the active, and planned, hours of operation for White City Elementary and Sun Grove Montessori School in order to incorporate greater offsets than currently presented, due to the proposed concentration of school related traffic activities along this segment of Oleander Avenue. Richard Ladyko of Ladyko Design Group represented the church and answered questions from the commission. There was a discussion of temporary solutions, looking at other properties, the square footage, hours of operations with exceptions, septic sewer system, St. Lucie River problem. Also discussed was traffic on Oleander Avenue, ROW with swells, utilities, general traffic; the 3 letters of opposition, and current student body. Public Hearing open No one spoke Public Hearing closed Note: Mr. Clasby was excused after this agenda item from the rest of the meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Bobby Hopkins, At-Large Board Member SECONDER: William Smith, Board Member AYES: O'Dell, Lounds, Smith, Mitchell, Clasby, Hopkins, Lowe, Taylor EXCUSED: Craig Mundt B. Harbour Ridge Gilson Tower Conditional Use Permit for a 100-foot monopole telecommunication tower Linda Pendarvis, Development Review Coordinator stated Vertex Development, LLC submitted the application for a Conditional Use Permit to allow the construction and operation of a 100- foot monopole telecommunication tower and wireless communication equipment compound in the PUD (Harbor Ridge Planned Unit Development) zoning district. Vertex Development, LLC is leasing 7,225 square feet of land area of a 3.48-acre parcel for a wireless communication tower and equipment compound. The tower compound within the leased area will encompass a 50’x50’ (2,500 SF) area which is proposed to be fenced with an eight (8) foot tall PVC fence finished side out and surrounded by a fifteen (15) foot native vegetation restoration area. The subject site is located at 13500 Gilson Road, Palm City within the Harbour Ridge Planned Unit Development (PUD) Zoning District. Vertex Development, LLC are the developers and operators for wireless towers and are not wireless monopole telecommunication providers. Vertex Development, LLC original submittal proposed 124’ monopole telecommunication tower to accommodate four regional wireless monopole telecommunication providers (Verizon, AT&T, T-Mobile, and Sprint). On June 20, 2017 the applicant resubmitted a modified application from a 124’ monopole 2.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 7 , 2 0 1 8 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 17, 2018 6:00 PM 4 | P a g e telecommunication tower to a 100’ monopole telecommunication tower, a decrease in 24 feet. The 100’monopole telecommunication tower will be designed to accommodate two wireless carriers. On March 7, 2018, Vertex Development, LLC submitted 310 petitions signed by Harbour Ridge property owners in support of the proposed monopole telecommunication tower project. Several property owners within close proximity of the proposed monopole telecommunication tower site have expressed their concerns through the review process. Staff recommends to forward this petition to the Board of County Commissioners with a recommendation for denial of the proposed Conditional Use Permit for a monopole telecommunication tower, because the proposed tower will not comply with Section 7.10.23(M) Setbacks, Section 7.10.23(N) Separation/Height requirements and proposal is incompatible with the goals and purpose of the Comprehensive Plan and Land Development Code to preserve, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare; and encourage the most appropriate use of land. Mary Solik of Doty Solik Law represented Vertex Development and gave a power point presentation. Representatives from ATT and Verizon spoke within the presentation. Brian Good from Kimley Horn stated he has no objections except the setback on the western property line. The commission had a detailed discussion regarding the difference between a monopole and unipole; breakpoints; visual impact; coverage of service; setback requirements; wetlands, state/federal law; radius of usage; DRI statutes, dead zones; construction time frame; cell service; safety issues, base failure and Gilson Road being one way in and one way out. Public Hearing Open Brian Clark of Riverbend gave a power point presentation opposing...need a better site than Gilson Road. He stated Gilson Road United is a recently formed group of the vast majority of the homeowners in Riverbend, Wide Water and Lakeridge in addition to some supporters from Harbour Ridge itself. Gilson Road United does not support the proposed cell tower in its currently proposed location because it excessively degrades three things-safety & security; aesthetics and fairness. Kathleen O'Rourke resident of the Lakeridge community stated her opposition of the location. Gilson Road United agrees Harbour Ridge needs additional cell phone coverage and agrees it should not be an eyesore to the community and request that it be moved to another location. Steve Lochner, Wide Waters resident stated his opposition also Several residents spoke that were no in favor Several residents spoke that were in favor Public Hearing Closed Mr. Smith went on record for alternate C 2.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 7 , 2 0 1 8 6 : 0 0 P M ( M I N U T E S ) P & Z Regular Meeting Thursday, May 17, 2018 6:00 PM 5 | P a g e RESULT: DENY [5 TO 2] MOVER: Edward Lounds, Board Member SECONDER: Robert Lowe, At-Large Board Member AYES: O'Dell, Lounds, Smith, Mitchell, Lowe NAYS: Bobby Hopkins, James Taylor EXCUSED: Craig Mundt AWAY: James Clasby 5. WORKSHOPS A. There are no items scheduled. 6. OTHER BUSINESS A. There are no scheduled items. 7. ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 2.A Packet Pg. 9 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 7 , 2 0 1 8 6 : 0 0 P M ( M I N U T E S ) ITEM NO. (ID # 5313) DATE: 06/21/2018 AGENDA REQUEST *PUBLIC HEARINGS BACKGROUND: Section 163.3191, F.S., requires local governments to evaluate whether amendments to their comprehensive plan are necessary to reflect changes in state requirements, in accordance with a schedule posted by the state land planning agency (Department of Economic Opportunity or DEO). St. Lucie County was required to notify the Department of Economic Opportunity by Oct. 1, 2017, as to the determination if changes were necessary to the Plan. The County sent DEO a letter on Sept. 19, 2017, identifying that amendments were necessary to address changes in state requirements and that the County may also consider amendments to address issues of local concern. Based on the notification timeframe, the County has a deadline of Sept. 19, 2018 to transmit Comprehensive Plan updates to DEO. If the County fails to submit its update to Comprehensive Plan by Sept. 19, 2018, the County may not amend its comprehensive plan until it complies with this requirement. (§163.3191(4), F.S.) The County Comprehensive Plan has 13 elements and a Port sub-element. The County is working on updates to all elements except for two, the Public School Facilities Element and the Rural Lands Stewardship Area Element. PREVIOUS ACTION: October 26, 2010 - The BOCC adopted Ordinance 10-020 amending the text of the Comprehensive Plan in accordance with the Evaluation and Appraisal Report (EAR). October 28, 2008 - The BOCC adopted the Evaluation and Appraisal Report (EAR). FINANCIAL IMPACT: TO: St. Lucie County Planning & Zoning Commission PRESENTED BY: Mayte Santamaria, Assistant Planning Manager SUBMITTED BY: Planning & Development Services SUBJECT: Workshop to provide an overview of the upcoming Evaluation and Appraisal Review Comprehensive Plan Amendments. 5.A Packet Pg. 10 Updated: 6/8/2018 10:44 AM by Sarah Smith Page 2 n/a COMMISSION ACTION: Coordination/Signatures 5.A Packet Pg. 11 Workshop on the upcoming Evaluation and Appraisal Review Comprehensive Plan Amendments 5.A.a Packet Pg. 12 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d Growth Management Act of 1985 •Local Government Comprehensive Planning and Land Development Act of 1985 [163.3161, F.S .] •Required all of Florida's counties and municipalities to adopt Local Government Comprehensive Plans that guide future growth and development. •Required local governments to amend their existing plans to ensure consistency with the State and Regional plans. •Required that local plans be certified by the Florida Department of Community Affairs (DCA). 5.A.a Packet Pg. 13 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •Required the local Comprehensive Plan: •Guide and control future development. •Address existing problems as well as problems that may arise in the future as a result of the development and use of land. •Preserve, promote, protect, and improve public health, safety, comfort, and good order. •Protect human, environmental, social, and economic resources. Growth Management Act of 1985 5.A.a Packet Pg. 14 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •The Plan is the senior policy document providing guidelines for growth management within the jurisdiction. Land Development Codes are the implementing instruments for the policies set out in the Plan.•Local Comprehensive Plans (LCP) must include “elements” dealing with:•Future land use•Transportation•Capital improvements•Coastal management•Conservation of natural resources•Housing•Recreation and open space•Intergovernmental coordination•Sanitary sewer•Solid waste•Drainage•Potable water and natural groundwater recharge Comprehensive Plan 5.A.a Packet Pg. 15 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •Local governments review their comprehensive plans every 7 years to: •Update provisions that are no longer valid. •Take into account changing circumstances, such as those depicted in census reports and other new data or new/emerging trends or issues. •Assess both successes and shortcomings of the Plan. •Update provisions that have been achieved. •Respond to changes in state, regional and local policies. Comprehensive Plan Evaluation and Appraisal Review 5.A.a Packet Pg. 16 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •The County determines whether changes are needed to meet state laws and to reflect the local assessment of needed changes. •If the determination is that plan amendments are necessary, the local government must prepare and transmit the needed plan amendments for review, within one year. (§163.3191(2), F.S .) •If a local government fails to submit its evaluation letter or update its plan within the timeframes, it may not amend its comprehensive plan until it complies with these requirements. (§163.3191(4), F.S .) Comprehensive Plan Evaluation and Appraisal Review 5.A.a Packet Pg. 17 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •2010: County completed EAR-based Comp Plan updates. •Oct. 1, 2017: deadline for the County to notify the Department of Economic Opportunity (DEO) as to the determination if changes are necessary to the Comp Plan. •Sept. 19, 2017: County notified DEO that amendments were necessary to address changes in state requirements and that the County may consider amendments to address issues of local concern. •Sept. 19, 2018: County deadline to transmit the Comp Plan updates to DEO. Evaluation and Appraisal Review 5.A.a Packet Pg. 18 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •The County is working with Calvin, Giordano & Associates (CGA) on drafting the St. Lucie County EAR-based Comp Plan Amendments. •Various County Departments are reviewing the current Comp Plan for potential updates and to provide input on the needed revisions. Evaluation and Appraisal Review 5.A.a Packet Pg. 19 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •Future Land Use Element –Planning Department/Attorney •Transportation Element –Engineering Department/TPO/Port/Airport/Community Services –Transit •Port Sub-element –Port/Business Navigator •Housing Element –Community Services -Housing Division •Infrastructure Element –Utilities/Solid Waste/Engineering-Water Quality/Attorney •Coastal Management Element –Environmental Resources/Mosquito Control & Coastal Management/Planning •Conservation Element –Environmental Resources/Mosquito Control & Coastal Management/Planning •Recreation and Open Space Element –Environmental Resources/Parks & Recreation •Intergovernmental Element –Legislative Affairs/Planning/ Attorney •Capital Improvements –Office of Management and Budget/ Utilities/Solid Waste/Engineering/TPO •Economic Development Element –Business Navigator/Planning/Attorney/EDC •TVC Element –Planning Department/Engineering •Public School Facilities Element –No Proposed Changes •Rural Lands Stewardship Area Element –No Proposed Changes Evaluation and Appraisal Review 5.A.a Packet Pg. 20 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •Ensure consistency with any updated statutory definitions. •Required to update the Capital Improvements Element with 5-year schedule of projects. •Ensure consistency with the standards on which future land use plan and plan amendments are based to include: permanent and seasonal population, compatibility, the need to modify land uses and development patterns, etc. •Required to update the 10-year water supply plan. •Intergovernmental Coordination Element to include coordinating and addressing impacts on adjacent municipalities. Highlights of Statutory Amendments 5.A.a Packet Pg. 21 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d •Coastal Management Element to include provisions for: •Reduce the flood risk in coastal areas that result from high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of SLR. •Be consistent with or more stringent than the flood resistant construction requirements in the Florida Building Code and federal flood plain management regulations. •Require construction seaward of the coastal construction control line to be consistent with Chapter 161, Florida Statutes. Highlights of Statutory Amendments 5.A.a Packet Pg. 22 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d Highlights of the Plan Updates •Update Florida Statute and Florida Administrative Code Rule references. •Data updates. •Examples: Population, land areas, land uses, annexations, public acquisition of lands, habitat coverage, employment rates, housing type inventory, parks inventory, etc. •Updated report references. •Examples: 2018 Comprehensive Emergency Management Plan; 2016 Regional Evacuation Study; 2017 Critically Eroded Beaches in Florida Report; 2013 Basin Management Action Plans; 2016 Water and Wastewater Master Plan; 2040 Long Range Transportation Plan; and 2014 St. Lucie County Transit Development Plan. Proposed Comprehensive Plan updates 5.A.a Packet Pg. 23 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d Highlights of the Plan Updates •Addressing resiliency from increased storm impacts and flooding. •Capital improvement planning –update of 5yr schedule of projects to reflect FY 2017/18 -2021/22. •Encourage energy efficient development and disaster preparedness. •Continued focus on targeted industries and economic development. •Updates to the Port Sub-element. •Continued coordination with the TPO and encouragement of multimodal transportation improvements. •Simplifying wording and deleting out-of-date policies. Proposed Comprehensive Plan updates 5.A.a Packet Pg. 24 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d Anticipated schedule: 6/21/18 –workshop overview 7/19/18 –P&Z presentation of EAR-based Comp Plan amendments for a recommendation to the BOCC 9/4/18 –BOCC presentation of EAR-based Comp Plan amendments for consideration of transmittal to the State for review Dec. 2018 –Jan. 2019 -BOCC presentation of EAR-based Comp Plan amendments for consideration of adoption –after the State’s review of transmittal Comp Plan Amendment Process 5.A.a Packet Pg. 25 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d Questions/Comments? Comp Plan Amendment Process 5.A.a Packet Pg. 26 At t a c h m e n t 5 . A . a : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p P P T ( 5 3 1 3 : E A R - b a s e d 5.A.b Packet Pg. 27 At t a c h m e n t 5 . A . b : E A R n o t i f i c a t i o n l e t t e r s ( 5 3 1 3 : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p ) 5.A.b Packet Pg. 28 At t a c h m e n t 5 . A . b : E A R n o t i f i c a t i o n l e t t e r s ( 5 3 1 3 : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p ) 5.A.b Packet Pg. 29 At t a c h m e n t 5 . A . b : E A R n o t i f i c a t i o n l e t t e r s ( 5 3 1 3 : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p ) 5.A.b Packet Pg. 30 At t a c h m e n t 5 . A . b : E A R n o t i f i c a t i o n l e t t e r s ( 5 3 1 3 : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p ) Select Year:   2018 Go The 2018 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.3191 Evaluation and appraisal of comprehensive plan.— (1) At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements in this part since the last update of the comprehensive plan, and notify the state land planning agency as to its determination. (2) If the local government determines amendments to its comprehensive plan are necessary to reflect changes in state requirements, the local government shall prepare and transmit within 1 year such plan amendment or amendments for review pursuant to s. 163.3184. (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. Plan amendments transmitted pursuant to this section shall be reviewed pursuant to s. 163.3184(4). (4) If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it complies with this section. (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules or a schedule indicating when local governments must comply with the requirements of this section. History.—s. 11, ch. 75-257; s. 10, ch. 85-55; s. 11, ch. 86-191; s. 10, ch. 92-129; s. 13, ch. 93-206; s. 6, ch. 95-322; s. 29, ch. 96-410; s. 5, ch. 96-416; s. 4, ch. 98-146; ss. 6, 14, ch. 98-176; s. 5, ch. 98-258; s. 17, ch. 2000-158; s. 9, ch. 2002-296; s. 905, ch. 2002-387; s. 4, ch. 2004-230; s. 8, ch. 2005-290; s. 12, ch. 2005-291; s. 13, ch. 2007-196; s. 5, ch. 2007-198; s. 4, ch. 2007-204; s. 5, ch. 2010-205; s. 20, ch. 2011-139; s. 8, ch. 2012-96; s. 9, ch. 2012-99. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us Page 1 of 1Statutes & Constitution :View Statutes : Online Sunshine 6/7/2018http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... 5.A.c Packet Pg. 31 At t a c h m e n t 5 . A . c : F S 1 6 3 . 3 1 9 1 ( 5 3 1 3 : E A R - b a s e d C o m p P l a n a m e n d m e n t w o r k s h o p )