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Okaloosa County BOCC — October 5, 2013 — E - Request Letter & Supplemental Documentation for BWB DRI DO Amendment (3 of 3) — reading text

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Machine-extracted text — 11-E - Request Letter _ Supplemental Documentation for BWB DRI DO Amendment _3 of 3_.pdf

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further the objectives, policies, land uses, densities or other development criteria prescribed in this Plan. In the event of a conflict or inconsistency 36 between this Plan and the land development regulations the provisions of this Plan shall control to the extent of the conflict or inconsistency only. NA 1.7 Relationship to development orders: Section 163.3194, Florida Statutes requires that any development order issued by a local government must be consistent with the adopted comprehensive plan. A development order shall be considered consistent with this Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of the development are compatible with and further the objectives, policies, land uses, densities or intensities, prescribed in this Plan. When making determinations regarding whether or not a development or a development order is consistent with this Plan the following guidelines shall be considered. 1.7.1 Land uses: The land use associated with a development or development order shall be deemed consistent with this Plan when the type of land use to be developed (i.e. residential, commercial, etc.) is allowed in the proper land use category specified in the Future Land Use Element and is located within the proper land use designation as shown on the Future Land Use Map; The tower is proposed in an MU-1 zoning district and FLU category which allows multiple uses such as commercial and recreational. 1.7.2 Densities or intensities: The density or intensity of a development or development order shall be deemed consistent with this Plan when the proposed density or intensity of use is equal to or less than the allowed density or intensity specified in the Future Land Use Element for the type of development allowed in each land use category. The proposed tower does not add additional residential units or commercial square feet to the Bluewater Bay DRI. It will not impact traffic, sewer, water, or place additional burdens on law enforcement. It does not emit odors or noise. The tower is unmanned. 1.7.3 Capacity, size, or timing: The capacity, size, or timing of a development or development order shall be deemed consistent with this Plan when: 1. Public facilities and services are adequate and available to serve the proposed development concurrent with the impact or demand that will be created by the proposed development; Public facilities are adequate to provide for the proposed tower. The only facilities necessary are power and telephone. 2. The impact of the proposed development will not exceed or degrade level-of-service standards specified in the Capital Improvements Element, or; 3. The developer of the project involved pays a proportionate share fee consistent with applicable laws and ordinances. The tower will not impact roads, sewer, water or schools. 1.7.4 Consistency with objectives and policies: A development or development order shall be deemed consistent with the objectives and policies of this Plan as follows: 1. The objective or policy must first have the effect of being a regulation, restriction, or limitation on the allowable land use or development project, or otherwise imposes a condition as a prerequisite to development (for example, an objective imposing a shoreline setback would be such a restriction where an objective that states the county will pave X miles of roads would not); 2. The objective or policy is relevant and germane to the issue(s) or objection(s) raised relative to a particular development or development order (for example, application of a coastal-related policy to a non-coastal area or an urban —related policy to a rural area), and; 3. No objective or policy shall be applied, used, or taken out of context. East numbered objective and it’s corresponding numbered policies must be evaluated as a whole to fully determine the intended meaning and context. NA Please do not hesitate to contact me to provide you with additional data or to discuss this matter in more detail. Sincerely, Lauralee G. Westine, Esq. enclosures 38

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