Okaloosa County BOCC — October 15, 2013 — E - Request Letter & Supplemental Documentation for BWB DRI DO Amendment (3 of 3) — reading text

Consistency: >, YES NO N/A Analysis: See page L-1. Objective 3 Conserve, appropriately use and protect minerals, soils, and native vegetative communities, including forests, through effective land use planning, regulation, and educational activities. Policy 3.2 The LDC shall include regulations which require the use and/or preservation of percentage of native vegetation, including aquatic vegetation, for all development or redevelopment activities. Development plans shall include an inventory of native vegetation and protected resources. The proposed development plan must include a plan for the protection and/or preservation of unique vegetation communities Consistency: _ X_ YES NO N/A 30 Analysis: The tower is proposing to utilize existing dense vegetation as a buffer and screening. Crown is also adding additional foliage to screen and buffer the tower site. Please see page L-1. Policy 3.3 Identify locations of, and provide for the conservation, appropriate use and protection of, areas suitable for borrow pit operations. A 50° or greater buffer must be provided between borrow pit activities and adjacent uses pursuant to LDC regulations, determined at the time of the development review, and a reclamation plan must be approved by DEP pursuant to Chapter 378, Part IV, Florida Statutes. Consistency: YES NO _ xX N/A Analysis: Policy 3.5 Environmentally sensitive lands shall be defines as property having one or more of the following characteristics: floodplains, functioning wetlands; habitat for rare, threatened or endangered species or species of special concern; beach and dunes; and potable water well fields. Land use activities within and adjacent to environmentally sensitive lands, including conservation and recreation areas designated in the Future Land Use Element, shall be limited to activities that will not degrade the natural physical and biological functions of such lands. New subdivisions that create urban densities and intensities of development shall be restricted within 100-year floodplains, and the FLUM will not be amended to create urban densities and intensities within 100-year floodplains. The following development criteria shall be applied to Environmentally Sensitive Lands: e Site plan approval shall be required e No fill or re-grading of the property shall be allowed except to establish required road elevations and for driveways, unless the environmental assessment shows that fill or re-grading the site will not adversely alter the hydrology of the site. e The County will require that development proposals for land containing listed species of habitats of listed species and/or endangered and threatened plan species (as identified by the Florida Natural Areas Inventory, the U.S. Fish and Wildlife Service, and the Florida Game and Freshwater Fish Commission must protect these habitats or prepare a suitable alternative management plan. ° Structures will be reviewed on a site-by-site basis. The location of any structure will be so as to minimize potential impacts on any rare, 31 threatened or endangered plants or animals and their habitats that are identified in the environmental assessments. Consistency: xX YES NO N/A Analysis: The tower is proposed in Flood Zone X. Crown will comply with site plan review if requested. Objective 4 Conserve, appropriately use and protect fisheries, wildlife, wildlife habitat and marine habitat. This shall be accomplished through implementation of Policies 4.1 to 4.4 and through regulation of development, implementation of appropriate management plans, participation in programs to develop marine habitats, and continual monitoring provided by the Okaloosa County Environmental Council. Policy 4.1 No development permit shall be approved if construction pursuant to the permit would threaten the life or habitat of any species listed on the Federal Endangered Species Inventory or any species designated “threatened” or “species of special concern” either by the State or Federal governments. Consistency: xX YES NO N/A Analysis: As part of FCC approval, Crown will receive an environmental impact report regarding the aforementioned flora and fauna. Policy 4.3 In no case shall marinas be permitted in the Rocky Bayou Aquatic Preserve, or any new aquatic preserve that may be designated pursuant to Rule 18-20, F.A.C. and Chapter 258, F. S. Consistency: YES NO xX NA Analysis: RECREATION & OPEN SPACE Objective 3 Ensure that parks and recreation facilities and open spaces are adequately and efficiently provided by public agencies and private enterprise to maintain the adopted level of service for recreation. Policy 3.1 The level of service standard for recreation for the unincorporated areas of Okaloosa County shall be 0.6 acres of parks per 1000 population. Consistency: YES NO xX N/A Analysis: The tower is not impacting population count within Okaloosa County. CAPITAL IMPROVEMENTS Objective 3 Coordinate land use decisions and development approvals with available and/or projected fiscal resources with the schedule of capital improvements so as to maintain adopted LOS standards and meet the existing and future facility needs. Policy 3.1 Land-use decisions shall be consistent with the five-year schedule of Capital Improvements. Consistency: YES NO X N/A Analysis: Crown shall bear the costs of construction of the new tower. It shall have no impact on roads, sewer, water, or schools. Objective 4 Future development will bear a proportionate cost of facility improvements necessitated by the development in order to adequately maintain adopted LOS standards. Policy 4.1 Provide for assessing new developments a pro rata share of the costs necessary to finance public facility improvements necessitated by development in order to adequately maintain adopted level of service standards in the Land Development Code (LDC). The pro rata share of cost necessary to finance public facility improvements will be determined based upon the size of the proposed development, the land uses associated with the proposed development, the impact the land uses are projected to have on public facilities and services upon occupancy of the development, the benefits expected to be 33 received by the development, and the maintenance of LOS standards for all facilities impacted by the development. Consistency: YES NO xX NA Analysis: The tower is not adding residential units or commercial square feet to the DRI. Other than power and telephone, the tower does not impact water, sewer, schools, or roads. Policy 4.2 Include requirements within the LDC that exact physical improvements to impacted systems (roads, utilities, etc.) by new developments or the redevelopment of existing facilities. This policy will be implemented through the county’s permitting and inspection process and will result in the applicant/developer providing all required improvements unless otherwise provided. Consistency: YES NO _X _N/A Administration Element Policies 1.4 Development defined: For purposes of this Plan the term “development” shall mean a human-created change to improved or unimproved real estate including buildings or other structures, land clearing, mining, dredging, filling, grading, paving, excavating or drilling, or an activity, action or alteration that otherwise changes undeveloped property into developed property. Crown is proposing a 317' replacement tower. 1.5 Governmental Interests: This Plan is predicated upon and intended to promote governmental interests including, but not limited to the following. Promote an orderly and logical pattern of land use and development. The tower is proposed in an area already used for boat storage and other recreational, non-residential uses. Provide a standard and uniform enunciation of general planning policies that can be applied equally to all persons. Crown is pursuing this approval in accordance with Section 2.20.081, Okaloosa LDC. 34 Promote the efficient and effective delivery of public facilities and services. The tenants on the tower to be relocated are local, state and federal public safety agencies. Please see email from Daniel Dunlap, 911 Communication Division Chief, dated July 15, 2013 attached hereto as Exhibit C. Promote compatibility between land uses so as to avoid the potential for nuisances. The tower, although tall, does not make any noise or emit any odors. It will not require sewer and water or impact traffic or roadways. Protect viable residential areas and property values. Repeatedly, property appraisal studies have found that there is no decrease in property values relating to the proximity of a tower. Please see Exhibit D-1 and D-2. Additionally, Pete Smith, CFA, Okaloosa Property Appraiser stated in an email dated July 26, 2013 that to the best of his knowledge, no determination or adjustment has been made to a property value based upon proximity to a tower. See Exhibit D-3. To the extent practicable, ensure that all persons have quiet use and enjoyment of their property. The tower does not impact surrounding properties use of their property. The tower does not emit odor or noise. Traffic is limited to 1 trip/month/tenant. Promote the preservation and conservation of valuable natural resources. The tower has been specifically located outside a flood zone and any wetland impact area. Archeological, soils, and environmental studies will be procured by Crown before proceeding with construction. To the extent practicable, ensure that private property rights are protected and that all persons are able to determine their rights and duties relative to the comprehensive planning process. This request shall be advertised and published as required by Okaloosa County LDC. Maximize the location and use of infrastructure facilities to encourage the most efficient use of land and water resources. The tower does not utilize sewer or water or schools. Its impact on traffic and roadways is also minimal. The tower only uses power and telephone in its daily operation. Promote and provide financially feasible plans and programs for: an orderly pattern of growth and development; a safe, convenient, and efficient transportation system; safe, sanitary and affordable housing; an effective and efficient system of public and private infrastructure, utilities and recreation facilities; protection of valuable coastal resources and limitation of public expenditures in areas subject to destruction by natural disasters; conserve and protect locally significant natural resources; promoting coordination between government agencies, and; a schedule of capital improvements intended to assist in the implementation of this Plan. NA Fulfill the requirements of state law mandated by Chapter 163 Part II, Florida Statutes, and; NA Generally promote, protect, and improve the public health, safety, comfort, good order, appearance and general welfare of this community. While this tower also serves national public safety agencies, it is vital to Okaloosa County's local public safety. On this tower are the antennas of local fire districts, the Sheriff's office, and its emergency response system. While wireless carriers too serve a vital part in protecting us (generally 50% or more of 911 calls originate from wireless phones), Crown understands the magnitude of re-siting a tower such as this. For public safety tenants such as these, the correct location of a tower can mean life and death. While Crown was asked to evaluate other sites to locate the tower, after reviewing those sites with tenants, the proposed alternative sites did not meet the needs of its public safety tenants. 1.6 Relationship to land development regulations: All land development regulations enacted or amended shall be consistent with this Plan. Development regulations shall be considered consistent if the land uses, densities or intensities, and other aspects of development permitted by such regulation are compatible with and