Okaloosa County BOCC — January 19, 2016 — OC-6 Compatibility-Comprehensive Plan Determination and Addendum — reading text

Development Order Amendment Compatibility/Consistency Determination The purpose in adopting density ranges is to define a "class" of density that can be applied at the DRI level in order to maintain a consistent approach is determining acceptable residential density patterns that are authorized and can continue to be authorized through proposed amendments that are consistent with the overall density strategy. Attachment 1 is a color rendering of the Master Development Plan, which identifies the six density ranges referenced above. Attachment 1 clearly demonstrates that the Bluewater Bay DRI has been approved based on the concept of mixed densities,. that is, the Master Development Plan approves abutting development areas with differing density classificationsfrom one another (i.e., high density abutting medium density). This is the rule rather than the exception and demonstrates that the DRI was approved with the intent ofproviding varied development, density and lot patterns. These varied patterns provide a more interesting development that avoids repetitive, monotonous subdivisions. Attachment 1 identifies in hatching the only locations in the entire DRI where the mixed density pattern does not occur. The County has approved recent amendments to the DRI which continue the mixed density pattern. For example, Ordinance 06-114 converted 4.16 acres from recreation to Residential M/L, of which 3.41 acres was designatedfor up to 9 units, resulting in a density of2.64 units per acre. This occurred adjacent to the Woodlands Phase 1-II, which was designated Residential L at a density of 2.07 units per acre and Woodlands Phase Iv-V, which was designated Residential L at a density of 2.34 units per acre. These were approved and found to be compatible. The Proposed Amendment designates the Subject Parcel M/L, which is the same designation as the Magnolia Forest neighborhood to the north. Given the vested, historic mixed density pattern, neighborhoods that are abutting and have the same density classification are inherently compatible. This is the purpose in establishing the density classifications with the Bluewater Bay DRI, and Policy 10.1 effectively defers the internal arrangement ofdensities to the DRI process. Moreover, Policy 9.6 and Objective 10 encourage innovative infill, mixed use developments, and Policy 10.1 implements that direction by establishing the M-1 land use category, which specifically allows for mixed use DRIs without prescribing the internal arraignment of uses, density allocations and lot sizes, as such an approach would be inconsistent with the flexibility intended by Objective 10. The Comprehensive Plan does not define the term "compatibility," but Policy 3.1 directs the determination to occur in accordance with Policies 4.1, 4.3 amd 4.5. As such, the criteria set forth in those policies are the only applicable "compatibility standards" defined in the Comprehensive Plan, exceptfor Policy 10.14, which requires buffers between "dissimilar" uses. Policy 10.14 recognizes that similar uses are compatible and do not require buffers, just as the M/L density class provides that any two subdivisions designated as such are inherently Page 10 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 compatible. The Proposed Amendment M/L density is inherently compatible with adjacent M/L lands. Policy 3.4 In cases where redevelopment projects cannot meet current development standards the County shall, through the development review process, work together with the developer to find methods of mitigation that will improve the site to the maximum extent possible. Consistency: X YES NO N/A Analysis: Mitigation is not necessary or required for the Proposed Amendment. Objective 4. Land uses (both general land use categories and zoning districts as well as individual uses or activities or structures housing those uses) should be generally compatible with the character of the adjacent and surrounding neighborhood or community. Toward this end, uses that are inconsistent with the neighborhood or community character shall be reduced or eliminated over time. Policy 4.1 Compatibility between land uses shall be promoted by: 1. Future land use designations on the future land use map and allowable uses, densities, and intensities within such designations; 2. Zoning districts on the official zoning map and attendant zoning regulations, and; 3. Mitigation measures as described in Policy 4.3. Consistency: YES NO X N/A Analysis: This policy applies tofuture land use amendments and zoning district amendments. Policy 4.2 Compatibility determinations shall be included in the review and approval of both new development and redevelopment; however, for redevelopment of blighted areas, compatibility alone will not negatively affect the review. Consistency: X YES NO N/A Analysis: This evaluation provides the required compatibility determination for the Proposed Amendment. Page 11 of 26 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 Policy 4.3 The County may consider or require any or all of the following techniques used in a proposed development to wholly or partially mitigate incompatible impacts: a. variable buffers, combining land and landscaping to achieve adequate separation of uses, appropriate open space, reduction of potential noise, light, glare, and/or pollution, and screening of physical features of a proposed development(also see Policy 10.14); b. variable setbacks, based upon degree of difference in proposed density, intensity, scale, mass, or height; c. placement and effective screening or shielding of site features such as lights, signs, dumpsters, loading areas, parking areas, outdoor storage, or other features with potential negative impacts; d. effective transitions of on-site densities, intensities, scale, mass, or height; and e. other innovative site design features that effectively achieve compatibility and effectively mitigate potential negative impacts. Consistency: YES NO X N/A Analysis: The proposed development is compatible with the surrounding neighborhood and community. See compatibility analysis presented in response to Policy 4.5. Policy 4.4 Compatibility of adjacent zoning districts shall be considered during rezoning and land use plan amendments, considering potential maximum densities, intensities, and consistency of the potential land uses with surrounding districts, and the manner in which the land uses on the FLUM and the zoning districts result in an appropriate transition of uses, densities, and intensities (also see Policy 10.13). Consistency: YES NO X N/A Analysis: This is not a rezoning application. Policy 4.5 Compatibility of redeveloped sites and structures with the surrounding neighborhood shall be achieved through the following measures: a. ensuring that residential development reflects the predominant housing type in the surrounding neighborhood to the maximum extent possible; b. recognizing that the redevelopment of an existing building may make it infeasible to adhere to current standards for building heights, scale, mass, setbacks, and orientation, the project shall nevertheless ensure that the Page 12 of 26 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 development recognizes the predominant features of the surrounding neighborhood to the maximum extent possible; c. maintaining the established lot development pattern of the surrounding neighborhood through requirements that address land assembly, lot arrangement, lot area, lot dimensions, and lot configuration; d. ensuring that proposed conversions of residential structures to an allowable non-residential use are consistent with the established or planned character of the neighborhood, and do not introduce instability into the neighborhood; and e. ensuring that techniques identified in Policy 4.3 are incorporated into the site design during redevelopment to the maximum extent feasible. Consistency: X YES NO N/A Analysis: Policy 4.5 provides that "redeveloped sites" shall achieve "compatibility" with the "surrounding neighborhood" pursuant to the measures set forth in the policy. The terms utilized in the policy are important in determining its applicability, and specifically whether and how the policy applies to this DRI Development Order amendment application. Section 1.10 ofthe Administration Element ofthe Comprehensive Plan adopts by reference the definitions setforth in Appendix A ofthe County Code. Appendix A does not define any of the terms in Policy 4.5. Section 1.10 states that in that event other professional sources such as Florida Statutes, Florida Administrative Code, case law or Black's Law Dictionary may be used. The following analysis applies the appropriate definitions to determine the applicability ofPolicy 4.5. A. Does the proposed development fall within the meaning of a "redeveloped site" for the purpose of this policy? As analyzed below, the site will be a "redeveloped site" upon approval ofthe plat and subsequently development. Appendix A does not define "redevelopment" or "redeveloped site," but defines "developed area" as including areas improved by "landscape materials." The Subject Property was previously improved with landscape materials in establishing the former golf course use. Appendix A also defines "development activity" as "clearing, grading, draining, site preparation or any other activity to prepare a site for roads, or buildings, or paving." This definition would not apply to the Sul?fect Property as those activities did not occur as site preparation for roads, buildings or paving. Section 380.04, Florida Statutes, defines "development" to include, among other things: "the making ofany material change in the use or appearance of... land."