7/17/1990 - Laserfiche WebLink

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r JUL i=7 1990 Application to United Financial Group, Inc. Rezoning Request Thts whole topic came up because the applicant for a rezoning last night, the-agdnt of United Financial Group, -Inc., stated that *a subdivision could be approved on the site proposed for rezoning as a matter of right. This theme was picked up by both the staff and the Planning Commission. In fact, a subdivision must be reviewed by the same standards which the Planning Commission would apply to a request for rezoning, that is, 'ls the requested subdivision plat approval or rezoning consistent with the Comprehensive Plan?" In order to answer that question, the subdivision plat or rezoning would be evaluated against the plan land use map, densities recommended and the objectives and policies of all elements of the Comprehensive Pian, as well as the criteria currently enumerated in our land development regulations. Applying this test for consistency to the rezoning request before the Planning Commission last night from United Financial Group, Inc. would show that an RM -10 rezoning request was consistent with the land use map and densities recommended in the land use element of the Comprehensive Plan for the subject property. However, there are other policies in the Comprehensive Plan where consistency with the Comprehensive Plan may not be met in the sense that the rezoning may not be compatible with or further these objectives and policies: Economic Development Policy 1.1 encourages the expansion of existing businesses. Economic Development Policy 1.4 promotes the growth of businesses which provide skilled workers rather than minimum wage jobs. Economic Development Policy 1.10 proposes utilizing existing Industries as a magnet to attract new development, Including support businesses. Economic Development Policy 3.1 promotes the development of research facilities in the County Conservation Policy 6.2C proposes acquiring 50 acres of xeric scrub by 1991 and designates 29 acres of this Oslo Road site as one of four potential sites for such purpose. Conservation Policy 6.3 proposes acquiring coastal oak hammock by 1992 and lists this Oslo Road site as one of four potential sites. Conservation Policy 6.5C proposes acquiring such sites only after easements and cooperative agreements are ruled out. Housing.Policy 2.2.3 proposes a variety of housing types with special consideration to compatibility of land use relationships and neighborhood character. The =above represents only a partial review of certain Policies which may not be furthered by a rezoning of the subject. -property. Thus, while consistent with the land use map and recommended density, there may 'be inconsistencies with certain other policies within the plan. While a 1 unit per acre subdivision may be more compatible with the' policies and further their objectives better than a 10 unit per acre PUD, the same analysis must be applied to each type of development order request. Court Interpretation of Consistency The Fourth District Court of Appeals In Southwest Ranches Homeowner's Association, Inc. v. Broward ounty, -5-02--5.2i] 931, 1987 at page 935 rejected "the county's assertion that the land use element of its comprehensive plan alone • should ' be considered in determininq consistency ... . The other 37 _ M M