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- Future Land Use Element Policy 13.3 The most important policy to consider in evaluating a plan amendment request for consistency with the county's Comprehensive Plan is Fume Land Use Element Policy 13.3. This policy requires that one of three criteria be met in order to approve a land use amendment request. These criteria are: • a mistake in the approved plan; • an oversight in the approved plan; or • a substantial change in circumstances affecting the subject property. Staff s position is that this land use amendment request meets Policy 13.3s third criteria. When the current Comprehensive Plan was approved on February 13, 1990, the plan assigned commercial/industrial zoned properties to commercial nodes. These nodes were designated various sizes to reflect commercial demand and were established in certain areas to incorporate lands deemed suitable for commercial development. The subject property was considered for inclusion in the node at that time. When the comprehensive plan was adopted, the subject property was not included in the node for the following reasons: • There was already sufficient land designated commercial/industrial to accommodate projected demand; and • Given the size and shape of the subject property, residential development was determined to be feasible. For these reasons, staffs position is that there was no mistake nor oversight in the Comprehensive Plan. There has been, however, a change in circumstances affecting the subject property. That change relates to the county's airport zoning regulations (Section 911.17) which were adopted, pursuant to Chapters 163 and 333 of the Florida Statutes, on March 18, 1993. Those regulations establish a noise impact overlay zone. Prior to building permit issuance, developers of proposed residences within noise impact zones must show that those impacts will be mitigated through one of the following means: • Vcdf3ing in writing that M=sed buildings are designed to achieve an outdoor to indoor noise level reduction of at least 25 decibels. Normal residential construction can be expected to provide a noise reduction level of 20 to 25 decibels; or • Executing and recording an aviation easement An aviation easement is a legal document that grants to the owner/operator of a nearby airport a right to continue to operate the airport under the current conditions, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Because the subject property is located within a noise impact zone, these regulations apply to the site. Staffs position is that due to unique circumstances of the subject property, these regulations adversely impact the site to the extent that the site is not feasible for residential development. Those circumstances are related to the residential development potential of the site. The most feasible residential development scenario for the subject property involves lower cost or affordable housing. That is due to the following factors: • The site is designated for up to 10 units/acre, the county's most dense residential land use designation; • The site is located in an area of the county with a high proportion of low and very low income households; and • The site is located near several employment centers that generate a demand for nearby affordable housing. Those employment centers include The Vero Beach Municipal Airport, The Sheriff s Administration/County Jail Complex, Dodgertown, Indian River Memorial Hospital, the Gifford Commercial/Industrial Node, and the SR 60/58th Avenue Commercial/Industrial Node. Even though the added cost associated with development within noise impact zones is not significant, that cost may be enough to impact the feasibility of an affordable housing project. Therefore, the adoption of noise impact overlay zones and regulations for development within those zones constitutes a change in circumstances affecting the subject property. For that reason, the subject request is consistent with Future Land Use Policy 13.3. NOVEMBER 4, 1997 39 03 BOOK