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F_ <br />BOOK c7? EA Jr. 1639 <br />APR .12 <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 plan; <br />• an oversight in the approved plan; or <br />• a substantial change in circumstances affecting the subject <br />property. <br />Future Land Use Element Policy 13.3 is especially important when <br />evaluating land use amendment requests to increasedensity or <br />intensity. — _Compared to such requests, amendments that do not <br />increase density or intensity warrant a lower level of scrutiny. <br />In this case, the subject request is for a minor node <br />reconfiguration which actually decreases the overall land use <br />intensity. <br />With respect to Policy 13.3, staff feels that the proposed land use <br />amendment meets the policy's third criterion. For typical <br />amendment requests, substantial evidence justifying a change in <br />circumstances would need to be documented. Because the subject <br />amendment involves only a re -orientation of future land uses, a <br />physical change in circumstances need not be documented. In this <br />case, the change in circumstances relates to the property owner's <br />expectations for use of his properties. These expectations are <br />based in part on trends in the vicinity of his properties. <br />Recent development activities in proximity to the subject property <br />have changed market forces affecting the properties. Population <br />growth has continued on the north barrier island, and the Disney <br />Company's proposed 599 unit Resort_ Development at the intersection <br />of C.R. 510 and S.R. AlA has been approved. With approval of the <br />Disney project, the only commercial property on the north barrier <br />island will be used for residential and hotel uses. This can be <br />expected to increase demand for C/I designated land along C.R. 510. <br />To accommodate the increase in demand for C/I designated land along <br />C.R. 510 without increasing the amount of C/I designated land, <br />nearby C/I nodes can be adjusted. <br />It is staff's position that the change in market forces and the <br />need to address such changes constitute a change in circumstances <br />affecting the subject property. Therefore, the proposed amendment <br />meets the third criterion of Future Land Use Element Policy 13.3 <br />and is consistent with Future Land Use Element Policy 13.3. <br />- Future Land Use Element Policy 1.11 <br />Future Land Use Element Policy 1.11 states that the Low -Density <br />Residential land use designation is intended for areas within the <br />urban service area that are suitable for urban and suburban scale <br />development. These areas should be located in proximity to <br />existing urban centers. <br />Subject Property 2 is located within the urban service area, and is <br />suitable for low-density urban residential development. The <br />proposed amendment would allow such development on Subject Property <br />2. Therefore, the proposed amendment is consistent with Future <br />Land Use Element Policy 1.11. <br />- Future Land Use Element Policy 1.15 <br />Future Land Use Element Policy 1.15 states that the commercial land <br />use designation should be within the urban service area and is <br />intended for office, retail trade, service, and similar uses. <br />M <br />ElI? <br />