01/18/2022 - Laserfiche WebLink

Home Browse Search

Future Land Use Element Policy 14.3 In evaluating a Comprehensive Plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed Comprehensive Plan amendment meets Policy 14.3's third criteria. The proposed amendment is warranted based on a substantial change in circumstances. In this case, the State of Florida has required the County to adopt a Property Rights Element in its Comprehensive Plan. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION The proposed amendment is required due to new legislative mandates, effective July 1, 2021. In particular, House Bill 59 — Growth Management requires all local governments to have a Property Rights Element included in their Comprehensive Plan. 'The legislation modified Chapter 163.3177 of the Florida Statutes to add a Property Rights Element as one of the required elements in all Comprehensive Plans. The legislation also limits the ability to adopt any other Comprehensive Plan amendments initiated after July 1St from being adopted until the Property Rights Element is adopted. The State defines amendments initiated after July 1, 2021 as those amendments which had their first public hearing after that date. Planning and Zoning Commission (PZC) Recommendation: At its meeting of December 9, 2021, the PZC voted 5-0 to recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment for transmittal to state and regional review agencies. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment for transmittal to state and regional review agencies. 120