Okaloosa County BOCC — July 15, 2014 — LPA 02-14 Ordinance — reading text

ORDINANCE NO. 14- AN ORDINANCE AMENDING THE OKALOOSA COUNTY COMPREHENSIVE PLAN, ORDINANCE NO. 90-1, AS AMENDED; CHANGING THE TEXT OF THE COMPREHENSIVE PLAN AS DESCRIBED IN SECTION 2 AND CREATING AN OVERLAY ZONE AS DESCRIBED IN SECTION 3 OF THIS ORDINANCE; REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. This Ordinance shall be referred to as LPA 02-14 amendment changing the text of the Okaloosa County Comprehensive Plan as described in Section 2, and creating an overlay zone to the Future Land Use Map as described in Section 3. Section 2. The text of the Okaloosa County Comprehensive Plan is hereby amended as follows. A new Policy 10.20 is hereby created in the Future Land Use Element as shown in Exhibit A. Section 3. The Comprehensive Plan Future Land Use Map is hereby amended as follows. The Mid-Bay Regional Activity Center is hereby created as an overlay zone on the Future Land Use Map as shown on Exhibit B. Section 4. This Ordinance does hereby repeal any ordinances, or portions thereof, in conflict herewith. Section 5. Should any word, phrase, sentence, subsection, section, or other portion of this Ordinance be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional then the part so held shall be severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. Section 6. The effective date of the plan amendment authorized by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance has been issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of said resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted plan amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board of County Commissioners adopts a resolution affirming its effectiveness in the manner provided by law. DULY PASSED AND ADOPTED in regular session this the 15 day of July, 2014 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. Chairman ATTEST: Don W. Howard Clerk of Court Comprehensive Plan 2009 2.1 FUTURE LAND USE Goal: It is the goal of Okaloosa County to plan for and provide for a high quality of life, to meet the needs of population growth through public and private development and redevelopment, and through the appropriate distribution, location, and extent of land use, consistent with adequate levels of services, efficient use of facilities, protection of natural resources and environmental lands, promote an orderly and efficient pattern of growth and development, promote compatibility between land uses and reduce the potential for nuisances, protect viable residential neighborhoods and property values, maintain a healthy property tax base, and to generally promote, protect, and improve the public health, safety, good order, appearance, and general welfare of the community. Objective 1 The County shall coordinate the location of future land uses with topographic conditions, soil types and environmental constraints. Policy 1.1 The maximum densities and intensities permitted on a given parcel of land shall be based upon the suitability of topography and soil types for septic drain field systems, potable water wells, and ability to physically support buildings and improvements, as determined by the Okaloosa County Soils Map, the Department of Health, the Natural Resources Conservation Service, DEP, COE, and appropriate engineering manuals, in the review of proposed development projects. Policy 1.2 The development approval process shall ensure that new development and redevelopment is consistent with natural drainage patterns, and further shall require appropriate stormwater management systems consistent with the adopted drainage level of service, natural drainage patterns, and soil conditions. Policy 1.3 Flood plains and floodways in the County shall be identified and development shall be limited, consistent with FEMA requirements. Also see Conservation Policy 2.1 and Coastal Management Policy 2.1.2. Future Land Use 2.1.1 The County shall encourage the co-location of County public facilities, such as parks, libraries, and community centers, with schools to the extent possible. Policy 10.19 After Okaloosa County designates a Regional Activity Center (RAC pursuant to Chapter 380.06(2)(e), FS. and Rule 28.24.014, F.A.C.), subsequent development approvals will include requirements for developers to provide necessary roadway, drainage, and utility infrastructure to support the RAC densities and intensities. Policy 10.20. The Mid-Bay Regional Activity Center (Mid-Bay RAC) shall be illustrated as an overlay on the Okaloosa County Future Land Use Map and will include the approximately 209.8 acres depicted and described in Ordinance 14-06. All development within the Mid-Bay RAC shall be consistent with the underlying Future Land Use Map and zoning designations and subject to the provisions of Chapter 380.06{2)(e), F.S., Rule 28-24- 014, F.A.C., and Policy 10.19 of the Future Land Use Element of the Okaloosa County Comprehensive Plan. . Objective 11. Okaloosa Island is exempt from the provisions of the Land Development Code and fhis plan as it relates to zoning, the schedule of dimensional requirements, and other such development matters, only to the extent that covenants regarding development on the Island conflict with this plan or the land development code. The officially recorded “Santa Rosa sland Plat Map and Profective Covenants and Restrictions” shall be recognized as the existing and future land use map and uses for the island. Policy 11.1 Zoning requirements and other matters regarding land development on the {sland shall be in accordance with this plan to maximum extent possible and with the plats on file in the public records of Okaloosa County, FL, together with the covenants and restrictions and ordinances as may pertain to development on the Island. Policy 11.2 All new development on the Island shall meet concurrency requirements and site design standards and criteria of Okaloosa County. Policy 11.3 All new development and redevelopment on the Island shail comply with compatibility requirements of this plan. Objective 12 Certain properties in Okaloosa County retain the right to develop uses that were approved prior to the adoption of this Comprehensive Plan. It is the intent of the County to recognize such vested rights and to protect the private property rights of property owners in Okaloosa County. The following policies are intended to provide. that protection. Future Land Use 2.1.25 WATER Future Land Use Map