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7/17/1990
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7/17/1990
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7/23/2015 12:02:45 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/17/1990
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elements and be approved, but that review still has to be gone <br />through. It is no longer a matter of right. A development order <br />cannot be issued unless you determine it is consistent with the <br />Comp Plan. <br />Attorney O'Haire stated that he agrees with what Attorney <br />Collins is saying completely. There is no argument or dispute. <br />Continuing, Attorney Collins advised that the Fourth <br />District Court of Appeals has held that it is not just the land <br />use element that it must be consistent with. You cannot simply <br />look at the color of the map and say, "You are consistent with <br />our Comp Plan." You have to look at all the elements of the Comp <br />Plan, and it is very likely that there will be competing <br />priorities, objectives, and policies in the different elements of <br />the Comp Plan. The court stated that it is the role of the <br />County Commission to abide by all the elements and it is up to <br />the Commission to determine what priorities to assign to these <br />competing policies. <br />In conclusion, Attorney Collins summarized that this is <br />essentially our position on consistency and the ability to have a <br />subdivision approved as a matter of right. It is a matter of <br />right only if you are consistent with the plan and that <br />determination still has to be made. <br />Attorney O'Haire suggested that a single-family development <br />under any view, goal or policy of the Comp Plan would be <br />consistent, because you would have to be going off a very deep <br />end to say that a single-family plat of this property would not <br />be consistent. It would be consistent, but in terms of <br />preserving the ecological and environmental well-being of the <br />property, you would not have the tools available that you have in <br />a PRD or a multi -family development due to the strengths in your <br />Planning Dept. to control hoW.the property is to be developed. <br />We all know how single-family plans get developed. You lay <br />things out in a grid, more or less, and you may have curving <br />32 nY"r cad. <br />,� <br />
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