Laserfiche WebLink
DEC 111990 <br />existing commercial development in this node is 10± acres which is <br />170 of the total land designated for this node. Since the 700 <br />criterion has not been satisfied, this request is not justified. <br />In evaluating a land use plan amendment request, probably the most <br />important consideration is Future Land Use Policy 13.3. This <br />policy requires that one of three criteria be met in order to <br />approve a land use amendment request. These criteria are: an <br />oversight in the approved plan, a mistake in the approved plan, or <br />a substantial change in circumstances affecting the subject <br />property. - The staff is of the opinion that this land use amendment <br />and rezoning request does not meet any of the three criteria as <br />stated above. <br />CONCLUSION <br />Public facility concurrency requirements are important factors in <br />evaluating any land use amendment or rezoning request. Concurrency <br />requirements, however, are not the only criteria. Unlike other <br />comprehensive plan policies, though, concurrency requirements by <br />themselves can be a reason for denial of a request. _Even if all <br />other comprehensive plan policies are satisfied by a request, a <br />lack of concurrency would be a reason for denial. <br />In this case concurrency for drainage, roads, solid waste and <br />potable water can be satisfied for the proposed land use amendment. <br />Although capacity for wastewater services is not presently in <br />place, the applicant's execution of a developer's agreement to <br />ensure that these facilities will be provided would meet the <br />concurrency test. Despite such a positive concurrency finding in <br />this instance, other plan policies fail to support approval of the <br />request. <br />Specifically, inconsistencies. with adopted comprehensive plan <br />policies in the Future Land Use Element as described -in detail in <br />the above analysis section warrant denial of this proposed land use <br />amendment and rezoning. The subject property is located in* an area <br />designated for low-density residential development, and based on <br />staff's analysis this request does not warrant a change in that <br />designation. <br />RECOMMENDATION <br />Based on the analysis including the Planning and Zoning. <br />Commission's recommendation, staff recommends that the Board of <br />County Commissioners deny transmittal of the land use amendment to <br />the Department of Community Affairs. -- <br />106 <br />M M M <br />I <br />