Okaloosa County BOCC — January 19, 2016 — OC-9 Staff Analysis Of Issues Raised By Jill Crew — reading text

state statutes or rules. Rule 62-330.021, FAC provides guidance on common plan of development as follows. “Common plan of development or sale” or “larger plan of other commercial or residential development” means any activity that facilitates the advancement of land use (such as multiple residences, a residential subdivision, or phased site development) on the subject property, or that comprises a total land area divided into multiple lots, parcels, tracts, tiers, blocks, sites, or units, if such areas are under common ownership or control. This includes any activity on contiguous real property that comprises a total land area divided into parcels, tracts, tiers, blocks, sites, or units, and is served by a common road or road network or common stormwater management systems within that land area. Areas of land that are divided by public or private roads are considered contiguous if such areas are under common ownership or control. CONCLUSION: There are no obvious indicators that the proposed development is part of a phased or common plan of development. Jill Crew’s letter makes reference to a conceptual master plan as required by Chapter 6 of the Land Development Code. The relevant section reads as follows. 6.01.0311. - Conceptual master plan. A subdivision master plan shall be on file for phased developments to ensure adequate traffic circulation, access, stormwater management and public facilities. The master plan should depict phase lines, internal roadways, external access, preliminary lot layout and proposed amenities. Absent any indicators of a phased development this provision is not applicable. ISSUE 9: Magnolia Plantation Fairways are Authorized in the Development Order as Open Space Golf. Staff analysis: The Master Land Use Map established the authorized use of the Magnolia Plantation golf course, as authorized by the Board of County Commissioners. There is no use denoted as open space on the Master Land Use Map. Mr. Herden has no binding authority to restrict the uses authorized in a DRI development order, especially a use that is not listed as an authorized use on the Master Land Use Map. The areas denoted as “Golf” on the Master Land Use Map have been increased and decreased by previous amendments to the DRI development order. CONCLUSION: There is no restriction to changing the “Golf” designation on the Master Land Use Map. This authorized use may be changed at the discretion of the Board of County Commissioners and has been done so in previous DRI amendments. 4