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the county, policies provide the basis for all county land <br />development related related decisions - including plan amendment decisions. <br />While all comprehensive plan policies are important, some have more <br />applicability than others in reviewing plan amendment requests. Of <br />particular applicability are the following policies. <br />-Future Land Use Policy 13.3 <br />In evaluating a land use amendment request, the most important <br />consideration is Future Land Use Element Policy 13.3. This policy <br />requires that one of three criteria be met in order to approve a; <br />land use amendment request. These criteria are: <br />* a mistake in the approved comprehensive plan <br />* an oversight in the approved comprehensive plan, or <br />* a substantial change in circumstances affecting the, <br />subject property <br />Based upon its analysis, staff feels that this land use amendment! <br />does meet one of the three criteria as stated above. <br />The first two criteria allow the county to approve a request to <br />amend the land use. map only if a mistake or oversight was made <br />regarding the property during preparation of the comprehensive; <br />plan. While preparing the comprehensive plan, the county looked at! <br />each .commercial node and determined node size based upon the amount <br />of existing. development and potential growth projected through the <br />year 2010 within the general market area of the node. From this <br />research, the county then established each node boundary ands <br />specified each node's size. The subject property was considered at <br />that time and was not included in the Roseland Road/U.S.#1 <br />Hospital -Commercial Node. Based upon data compiled during thel <br />analysis of this plan amendment request, it is staff's position <br />that an oversight occurred during plan preparation which would have; <br />warranted increasing the size of the Roseland Road/U.S. #1! <br />Hospital/Commercial Node and including the subject property in thej <br />node. Two factors, in particular, indicate. that an oversightI <br />occurred. <br />The first factor is the amount of development in the node. Based <br />upon staff analysis and described in more detail below, it was <br />determined that the node is presently 67% developed. With that <br />amount of development, the node acreage would have been increased <br />during plan preparation. 'In that the amount of development within <br />the node was not accurately identified during plan preparation and <br />the node acreage not increased, an oversight did occur. <br />The other factor indicating that an oversight occurred relates to <br />this. node's market area. Although the Roseland Road/U.S. #1 <br />Hospital /Commercial node is located at the very northern edge of. <br />the county,. the market area/commercial need analysis undertaken at <br />the time of comprehensive plan preparation did not consider the: <br />impact of south Brevard County residents_ on this node. <br />Recently compiled data, however, indicate that 25-50 percent of <br />customers of establishments in the node are Brevard County <br />residents. Other information shows that the sales per square foot <br />for establishments in this node exceed the amount that would be <br />expected for the originally designated non -Brevard County market <br />area. For example, the Riverwalk Publix generates sales of $500 <br />per square foot, about 50% more than typical Publix's sales -per - <br />square foot figure of $300-350. Similarly, the Roseland Walgreen's <br />generates sales per square foot which are more than 50% higher than <br />a typical drugstore. This information indicates that the demand <br />for commercial products in this node exceeds the amount that would <br />be expected in a .market area of the size considered during <br />preparation of the comprehensive plan. .For that reason, it is <br />staff's position that an oversight occurred during plan <br />25 <br />Nov 19 1991 <br />�OCiK �,� PAGt Oc�� <br />