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-Other Plan Policies <br />Besides Future Land Use Element Policy 13.3, several other policies <br />have* applicability to this amendment request. These include <br />Policies 1.23, 1.21, and 10.1, all of the Future Land Use Element. <br />Future Land Use Policy 1.23 requires 70% of the land area in a node <br />or commercial/ industrial corridor area to be developed or approved <br />for development before the node or corridor can be considered for <br />expansion. Under typical circumstances Future Land Use Policy 1.23 <br />is a major consideration in deciding whether land use and zoning <br />changes are warranted; however, due to the previous oversight in <br />the rezoning and land use change made in 1985, the 70% criterion <br />stated in Policy 1.23 is not applicable. <br />Similarly, policies 10.1 and 1.21 are not applicable because of the <br />oversight. According to policy 10.1, non -conforming uses are to be <br />amortized and eventually eliminated. In this case, however, it was <br />an oversight that made the referenced uses non -conforming. It is <br />staff's position that if the uses on Block "U" had been considered <br />in detail, the block would have been designated commercial and the <br />existing uses not made non -conformities by the plan. That would <br />have been consistent with the plan preparation methodology of <br />recognizing the predominant land use pattern in an area by <br />assigning a land use designation consistent with that pattern. <br />With respect to Policy 1.21 which provides for discouraging strip <br />commercial development, staff feels that the proposed amendment <br />would not be inconsistent. Since Block "U" is substantially <br />developed already, allowing the remaining lot to be used non - <br />residentially will not promote strip commercial development. Given <br />the compact nature of Block "U" and a recognition that Block "T" is <br />appropriately designated residential, approval of the subject <br />amendment request will not promote strip commercial development in <br />this area. <br />The comprehensive plan policies referenced above were adopted to <br />guide the county's -future growth and development. As such, their <br />intent was to encourage or discourage certain types of development <br />in certain areas. The policies were not designed to effectively <br />preclude the use of certain properties. In this case, the small <br />size of the subject property, its limited developability as <br />residential, and the existing uses in Block "U" warrant approval of <br />the request. <br />DCA Objections <br />Despite the nature and intent of DCA's objections to the subject <br />amendment request, staff feels that the preceeding analysis <br />adequately addresses the state's concerns. These concerns extended <br />beyond the subject -property, itself, and reflected DCA's concerns <br />that a similar rationale would be used to justify extending the <br />commercial land use designation to adjacent tracts. <br />It is staff's position that the analysis section of this staff <br />report establishes that an oversight occurred during the plan <br />preparation process. It also indicates that approval of the <br />amendment request would not be inconsistent with established plan <br />policies. With the more detailed concurrency analysis based upon <br />the most intense use of the property under the proposed land use <br />designation, staff feels that all of DCA's concerns have been <br />adequately addressed. <br />CONCLUSION <br />Staff has reviewed the proposed amendment and has found no major <br />incompatibility between the proposed use and surrounding uses. The <br />subject property is located in an area designated for low density - <br />single -family residential development; however, the property's <br />MIN 1991:` r, d 1,07 <br />117 <br />�ooK <br />