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3/18/1997
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3/18/1997
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/18/1997
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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 />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 Element Policy 13.3. This policy requires <br />that one of three criteria be met in order to approve a land use <br />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 />Staff's position is that this land use amendment request meets <br />Policy 13.3's third criterion. <br />When the county's comprehensive plan was adopted in 1990, the <br />subject property and all surrounding land were correctly designated <br />for residential uses. Since that time, however, the plan has been <br />amended to allow the development of an approximately 1,500,000 <br />square foot regional shopping center, including a regional mall, on <br />land abutting the subject property on the north, east and west. <br />That project received Development of Regional Impact approval, and <br />the associated regional mall has opened. <br />For several reasons, the subject property was not considered for <br />redesignation when the plan was amended to allow the regional <br />shopping center. First, the subject property consisted of single- <br />family homes. Second, there was no indication that residents of <br />the subject property wanted to convert their property to <br />commercial. Finally, the developer of the regional shopping center <br />project did not have control of the subject property. <br />Although the applicants for the subject request did not raise <br />objections to the regional shopping center land use plan amendment <br />when it was approved, the county did consider the shopping center's <br />impacts on the subject property. At that time, the county <br />determined that, while the C/I designation may be preferable for <br />the subject property, required buffers would somewhat mitigate <br />impacts on the subject property. <br />Nevertheless, adoption of the plan amendment associated with the <br />regional shopping center caused the subject property to become a <br />residential enclave that is nearly surrounded by commercial uses. <br />The subject request is an opportunity to eliminate that enclave and <br />create a more consistent land use designation pattern in this area <br />of the county. <br />Therefore, the commercial development of land abutting the subject <br />property on the north, east and west constitutes a substantial <br />change in circumstances affecting the subject property. For that <br />reason, the third criterion of Future Land Use Element Policy 13.3 <br />has been met, and the proposed amendment is consistent with Future <br />Land Use Element Policy 13.3. <br />- Future Land Use Policy 1.23 <br />Policy 1.23 of the Future Land Use Element states that no node <br />should be considered for expansion unless 70% of the land area <br />(less rights-of-way) is developed, or approved for development, <br />with non-agricultural and non-residential uses, unless otherwise <br />warranted. <br />The intent of Future Land Use Policy 1.23 is to establish specific <br />criteria for node expansion. Without such criteria, decisions are <br />often arbitrary and inconsistent. The 70%r standard, then, is a <br />measure of whether a node needs to be expanded. <br />According to the County's Commercial/Industrial Data Source, the <br />subject node is 72.5 developed. Therefore, the proposed amendment <br />to expand the node is consistent with Future Land Use Element <br />Policy 1.23. <br />- Future Land Use Policy 1.20 <br />Future Land Use Policy 1.20 states that node size shall be based on <br />population and other demand .characteristics within the general <br />market area of the node. The fact that the subject node is already <br />72.5% developed and is the fastest developing node in the county <br />demonstrates that there is demand for additional land in that node. <br />For those reasons, the request is consistent with Future Land Use <br />Policy 1.20. <br />MARCH 189 1997 61 600K 100 Face 934 <br />L <br />
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