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DEC i 1 1990 BOOK: �� f'AuE �..� Probably the most important policy to consider is Future Land Use Policy 13.3. That policy requires that one of three criteria be met in order to approve a land use plan amendment.- These criteria are: an oversight in the approved plan, a mistake in the approved plan, or a substantial change in circumstances affecting the subject property. The staff is of the opinion that this land use amendment and rezoning request is warranted based on an oversight which occurred when the county rezoned this property as part of the 1985 county -wide rezoning changes. The subject property was- zoned C-1, Commercial, and in 1985 the county rezoned the property to its current zoning, RS -6, as part of the rezoning of the residential Dixie Heights Subdivision, which is located just west of the property. The comprehensive plan land use designation was then established based on the residential zoning of the site. Future Land Use Policy 1.23 requires 70% of the land area in a node or commercial/ industrial corridor area to be developed or approved for development before it can be considered for expansion. Under typical circumstances Future 'Land Use Policy 1.23 is a major consideration in reviewing whether land use and zoning changes are warranted; however, due to staff's determination of the previous oversight in the rezoning and land use change made in 1985, the 70% criterion stated in Policy 1.23 is not applicable. CONCLUSION Public facility concurrency requirements are important factors in evaluating any land use amendment or rezoning request. Concurrency requirements, however, are not the only criteria. Unlike other comprehensive plan policies, though, concurrency requirements by themselves can be a reason for denial of a request. Even if all other comprehensive plan policies are satisfied, a lack of concurrency would be a reason for denial. In this case concurrency for drainage, roads, solid waste and potable water can be satisfied for the proposed land use amendment. Though capacity for wastewater services is not presently in place, the applicant's execution of a developer's agreement to ensure that these facilities will be provided would meet the concurrency test. The subject property is located in an area designated for low density single-family residential development; however, the property's location, size, existing land use and adjacent land uses are not compatible with single-family development. The proposed change in land use and zoning would be consistent with county policies, and with the proper buffering be compatible with the surrounding land uses. RECOMMENDA2!ION Based on the analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners: * Authorize the staff to transmit an amendment to the Comprehensive Plan to the Florida Department of Community Affairs which would: La amend the Future Land Use Map as depicted in Attachment #3 which expands the Commercial/ Industrial area between Old Dixie Highway and U.S. #1 in the South Relief Canal to South County Line Commercial/ Industrial Corridor area to 202±_ acres by including 1.20± acres; Announce their intention to hold a final public hearing concerning this matter. 120