The Apopka Planning Commission voted 6-1 on May 13 to recommend approval of the rewrite of the city’s comprehensive plan, which includes updates to land use, housing and infrastructure and more.
Ordinance No. 3101 is about the rewrite of the whole comprehensive plan, excluding the transportation element. It authorizes city staff to send it to the Florida Department of Commerce for review.
The plan includes updates to how the city handles future land use, housing, infrastructure, conservation, recreation, open space, capital improvements and intergovernmental coordination. Based on data analysis, a new resilience and sustainability element was included in the comprehensive plan update.
The comprehensive plan’s goal is to give a long-term concept for the city, with legal binding authority over the land development code, according to city planner Bobby Howell.
The City Council and Planning Commission conducted public joint workshops to discuss the comprehensive plan rewrite, one in September 2024 and another one last February.
City attorney Andrew Hand explained to the Planning Commission that Senate Bill 180 directly impacts the comprehensive plan rewrite.
According to Hand, Senate Bill 180 was amended at the last minute of the legislative session and, if Gov. Ron DeSantis signs it, every Florida county would be impacted. Retroactive to August 1, 2024, the bill would affect past and future legislation and aims to ensure reconstruction is not hindered by new or additional burdens. The bill’s restrictions are in place for two years, until October 1, 2027.
“What this law does is it states that any municipality within those counties, and of course, the county governments, … may not propose or adopt any moratorium on construction reconstruction or redevelopment of any property damage by hurricanes,” Hand said. “That municipality or county may not propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations, or propose or adopt more restrictive or important burdensome procedures concerning review, approval or issuance of the site plan, development permit or development order, to the extent that those terms are defined by Florida Statutes.”
The comprehensive plan is different from a land development code, which lays out specific rules for development such as building and lot sizes. The current comprehensive plan was adopted in 2009.
By recommending approval of the comprehensive plan rewrite, there is no direct fiscal impact to the city. However, once properties are built out, there’s the expectation that the city will collect more impact fees, utility charges and ad valorem taxes, according to the Planning Commission staff report in the May 13 agenda packet.
Commissioner Wes Dumey was the only “no” vote, saying the plan did not adequately address green space requirements.
“We need to have our green space congruent,” Dumey said. “I believe we need to protect our ecology and our trees and what makes the city beautiful. I would like to see that in this comprehensive plan that’s overriding the land development code, because I really think that belongs in the land development code.”
The Apopka City Council is scheduled to vote on the first reading of the comprehensive plan rewrite and its transmittal to Florida Department of Commerce on May 21.
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