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r- <br />Mgy 251993 <br />BOOK 89 MUE6�5 -7 <br />The goals, objectives and policies are the most important parts of <br />the Comprehensive Plan. Policies are statements in the plan which <br />identify the action which the county will take in order to direct <br />the community's development. As courses of action committed to by <br />the county, policies provide the basis for all county land <br />development 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 for this request are the following <br />policies. + <br />- Future Land Use Policy 13.3 <br />The most important policy to --consider in evaluating a plan <br />amendment request for consistency with the county's Comprehensive <br />Plan is Future Land Use Policy 13.3. This policy requires that one <br />of three criteria be met in order to approve a Comprehensive Plan <br />land use designation amendment. These criteria are: _ <br />• an oversight in the approved plan; <br />• a mistake in the approved plan; <br />• a substantial change in circumstances affecting the subject <br />property. <br />Based on its analysis, staff believes that the proposed land use <br />amendment meets the criteria as stated above. <br />On February 13, 1990, when the current Comprehensive Plan was <br />approved, the plan assigned commercial uses to commercial nodes. <br />These nodes were designated various sizes to reflect commercial <br />demand within the general market area of the node. Additionally, <br />these nodes were established in certain areas to incorporate lands <br />deemed suitable for commercial development. Since the subject <br />property was considered in the aggregate with other properties and <br />was not included in the original node, a case could be made that <br />there was no mistake nor oversight in the Comprehensive Plan. <br />In fact, staff's original position was that no mistake or oversight <br />had occurred. However, based upon input from the Board of County <br />Commissioners, staff now feels that the current land use <br />designation of the subject property does reflect an oversight. <br />The specific mistake or oversight was the failure to consider the <br />infeasibility of residentially developing relatively small lots in <br />this location. While the west side of Old Dixie Highway has <br />traditionally been zoned residential, it is staff's position that <br />residential zoning is not appropriate for the subject property. <br />Not only do residentially incompatible uses border the subject <br />property on two sides, but each of the subject property's lots also <br />front Old Dixie Highway, a road which is programmed for expansion <br />to four lanes by 1995. Across Old Dixie Highway, the land is zoned <br />for heavy commercial and industrial development. The parcel <br />directly north of the subject property contains a retail plaza. <br />All of these uses generate noise, lights, and traffic, and would <br />negatively affect residential development on the subject property. <br />When the county's comprehensive plan was adopted, the conditions <br />near the subject property were similar. That those conditions were <br />not identified and recognized as impacts on the subject property <br />constitutes an oversight in the approved plan. <br />24 <br />