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Land use amendment requests are reviewed for consistency with all policies of the Comprehensive Plan. As per section 800.07(1) of the County Code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan pursuant to Section 163.3177(2)F.S." Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map, which includes agricultural, residential, recreational, conservation, and commercial and industrial land uses and their densities. The goals, objectives and policies are the most important parts of the Comprehensive Plan. Policies are statements in the plan which identify the action which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions—including plan amendment decisions. While all Comprehensive Plan policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability are the following objective and policies: - 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 Future 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. Staffs position is that this land use amendment request meets Policy 13.3's 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 developmem 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: • Veri' g in writing that MQnosed 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. Staff s 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. MARCH 10, 1998 0 -26-