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Okaloosa County BOCC — January 19, 2016 — OC-6 Compatibility-Comprehensive Plan Determination and Addendum — reading text
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as including:
Residential, commercial, institutional, industrial, recreation, or
any combination thereof to be determined by an approved DRI
development order.
The proposed development order amendment is consistent with the allowable usesfor the
MU-1 land use category. Therefore, the proposed amendment is consistent with Policy
1.7.1.
Objective 1.7 specifies the second guideline for determining consistency as follows:
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.
Page 5 of26
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Highpoint Center • 106 East College Avenue • Tallahassee, FL 32301 • 850-580-7200
Bluewater Bay DRI Proposed Development Order Amendment
Compatibility/Consistency Determination
Consistency Finding:
Policy 10.1 (Table 1) allows up to 25 units per acre in the MU-1 land use category. The
Bluewater Bay DRI authorizes residential use at varying densities as expressed by the
following residential density classifications as shown on the DRI Master Development
Plan:
L/L — 1.5 dwelling units per acre
L — 2.5 dwelling units per acre
M/L — 4 dwelling units per acre
M— 7 dwelling units per acre
M/H — 10 dwelling units per acre
H— 13 dwelling units per acre
These land use density ranges are consistent with the maximum density allowed within
the MU-1 land use category. The proposed amendment will change the current
designation ofG (golf) to M/L (maximum 4 units per acre) on approximately 6.4 acres of
the Subject Parcel. As explained in the Application, the density allocated to the Subject
Parcel is already approved within the Bluewater Bay DRI. Therefore, the proposed
amendment does not change the approved density of the Bluewater Bay DRI. The
proposed amendment is consistent with Policy 1.7.2.
Objective 1.7 specifies the third guideline for determining consistency as follows:
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;
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.
Consistency Finding:
The Proposed Amendment is not subject to consistency with Policy 1.7.3.for the reasons
explained in the Introduction.
Objective 1.7 specifies the fourth guideline for determining consistency as
follows:
Page 6 of26
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Highpoint Center • 106 East College Avenue • Tallahassee, FL 32301 • 850-580-7200
Bluewater Bay DRI Proposed Development Order Amendment
Compatibility/Consistency Determination
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 (sic) numbered objective and it's corresponding
numbered policies must be evaluated as a whole to fully
determine the intended meaning and context.
Consistency Finding..
The following review demonstrates that the Proposed Amendment is consistent with the
Objectives and Policies of the Comprehensive Plan. The analysis follows the checklist
format utilized County staff.
B. Future Land Use Element
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
drainfield systems, potable water wells, and ability to physically support buildings
and improvements, as determined by the Okaloosa County Soils Map, and
Department of Health, the Natural Resources Conservation Service, DEP, COE,
and appropriate engineering manuals, in the review of proposed development
projects.
Consistency: X YES NO N/A
Analysis: The Subject Parcel is suitable for the proposed development of 21
single family units. The proposed M/L designation allows a maximum density of
only 4 units per gross acre, and the proposed 21 units result in a gross density of
2.04 units per acre. This is well below the maximum permitted density of25 units
Page 7 of26
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Highpoint Center • 106 East College Avenue • Tallahassee, FL 32301 • 850-580-7200
Bluewater Bay DRI Proposed Development Order Amendment
Compatibility/Consistency Determination
per acre in the MU-1 DRI land use category. The site topography and soil
conditions are comparable with other sites throughout the DRI that are
designated for substantially higher densities.
Policy 1.2 The development approval 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.
Consistency: YES NO X N/A
Analysis: Stormwater management shall be addressed at the platting stage.
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.
Consistency: YES NO X N/A
Analysis: Compliance with FEMA requirements will be determined during the
platting stage and during permitting ofeach individual lot.
Objective 2 Development, redevelopment, land use plan amendments, and changes to
the zoning of a site shall be coordinated with the availability offacilities and services,
including assurance that land is availablefor the neededfacilities and services.
Policy 2.1 All development permits for development undertaken after
adoption of this ordinance, including any redevelopment activities, shall be issued
only if there are public facilities and services available with sufficient capacities
to maintain the level of service standards adopted in this plan concurrent with the
impacts of the proposed development.
Consistency: YES NO X N/A
Analysis: As previously indicated, the Bluewater Bay DRI is vested from
concurrency. However, the applicant will ensure adequate potable water and
sanitary sewer capacity is available during the permitting process.
Policy 2.2 Development orders and/or permits may be issued conditioned
upon the availability of facilities and services to meet the needs of development
pursuant to the minimum standards to satisfy concurrency requirements
established in Chapter 4, Policy Document.
Page 8 of26
STEARNS WEAVER MILLER WEISSLER ALFIADEFF & SITTERSON, P.A.
Highpoint Center • 106 East College Avenue • Tallahassee, FL 32301 • 850-580-7200
Bluewater Bay DRI Proposed Development Order Amendment
Compatibility/Consistency Determination
Consistency: YES NO X N/A
Analysis: As previously indicated, the Bluewater Bay DRI is vested from
concurrency. However, the applicant will ensure adequate potable water and
sanitary sewer capacity is available during the permitting process.
Policy 2.4 The County shall continue to require dedication of adequate rights-
of-way for use as roadways and by utility companies for new construction, service
extensions, or facility improvements.
Consistency: YES NO X N/A
Analysis: This will be addressed during the platting process.
Objective 3 The County shall encourage redevelopment of areas that are exhibiting
evidence of decline (i.e., disproportionate number of vacant, dilapidated and/or
substandard structures). Redevelopment shall be encouraged through redevelopment
programs, through cooperative efforts with adjacent local governments, and through
maintaining land development regulations that contain standards and procedures to
encourage redevelopment in zoning districts where such redevelopment is desirable. It is
further the objective of the County to ensure that redevelopment does not create
incompatibilities of land use districts or adjacent structures nor continue existing
incompatibilities.
Policy 3.1 Compatibility shall be a primary concern in the review and
approval of redevelopment projects, and shall be ensured through Policies 4.1,
4.3, and 4.5.
Consistency: X YES NO N/A
Analysis: See responses to Policies 4.1, 4.3 and 4.5. The Okaloosa
Comprehensive Plan designates the entire Bluewater Bay DRI with the M-1future
land use category, and the Okaloosa Zoning Code/Zoning Map designates the
entire Bluewater Bay DRI with the M-1 zoning district. The Bluewater Bay DRI
Development Order("BWB DO")defines six residential density classifications as
follows..
L/L — allows up to 1.5 dwelling units per acre,.
L — allows up to 2.5 dwelling units per acre,.
M/L — allows up to 4.0 dwelling units per acre,.
M— allows up to 7.0 dwelling units per acre,.
H— allows up to 13.5 dwelling units per acre.
Page 9 of26
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Highpoint Center • 106 East College Avenue • Tallahassee, FL 32301 • 850-580-7200
Bluewater Bay DRI Proposed
