7/12/1994 - Laserfiche WebLink

Home Browse Search

M "Consistency" is defined in Section 163.3194(3)(a), F.S., as follows: A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspect of the development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets with all other criteria enumerated by the local government. In the first instance, the County relies on Section 163.3213(3), F.S., which directs that any challenges to the consistency of the Land Development Regulations (LDRs) with the comprehensive plan must be filed within 12 months of the date of LDR adoption and are thereafter barred. Since_this time has elapsed without challenges a person may not now claim that the LDRs are inconsistent with the comprehensive plan, and there is ' a presumption that the LDRs are consistent with the comprehensive plan. The Board may take notice of the numerous public hearings, both during the day and at night, by both the Planning and Zoning Commission and the Board of County Commissioners, which were held to ensure that the County LDRs were made consistent with the Comprehensive Plan. The second means is the thorough review by staff professionals of the proposed site plan and its relation to the LDRs, zoning code, and comprehensive plan --all done with public input. The County. land use professionals have all determined that the site plan is consistent with the comprehensive plan. As a third means of ensuring compliance the County has established the following hierarchy of land use controls: General Outline of Land Use Controls ("controls") A. Comprehensive Plan B. Zoning Regulations C. Site Plans, PVDs, Subdivision Plats Regulations D. Building Permits E. Certificates of Occupancies Consistency with the comprehensive plan is ensured by requiring that each control be consistent with the control next in priority. (The comprehensive plan is the highest priority.) If each control is consistent with the one above it, then it also will be consistent with the comprehensive plan. This method reduces the numerous reviews that a thorough comprehensive plan analysis would otherwise require. Only the next higher level of control must be reviewed. Thus, for a site plan review, once the objectively determinable standards are met only the zoning code need be looked at. The._first'three controls will be discussed individually: 16 800K 92 PACE ' I July 12, 1994