LDR that Deviates or Departs from Comprehensive Plan is not Consistent
This violates the Florida Growth Management Act’s dictates that local plans be
"implemented through the adoption of land development regulations that are
consistent with the plan." Bd. of County Comm’rs of Brevard County v. Snyder,
627 So. 2d 469, 473 (Fla. 1993)(emphasis added); §163.3202, Fla. Stat. (2006).
Here, as the Ordinance unequivocally "deviates or departs" from the parameters
of the Plan, Machado v. Musgrove, 519 So. 2d 629, 634 (Fla. 3d DCA 1987), we
cannot hold that it is consistent.
The court does not bless us with the particulars of the plan policy involved, nor the actual provisions of the ordinance.
What remains to be seen is whether the courts would apply this analysis to a land development regulation that was more restrictive than the plan permitted.