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6/02/1998
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6/02/1998
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
06/02/1998
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Since the proposed amendment was first transmitted to DCA for review, the county has adopted <br />comprehensive plan amendments based on a detailed evaluation and appraisal of the comprehensive <br />plan. Those amendments, which have been found "in compliance" by DCA, have resulted in <br />renumbering and revising many goals, objectives and policies of the plan. <br />The goals, objectives and policies are the most important parts of the comprehensive plan. Policies <br />are statements in the plan which identify actions which the county will take in order to direct the <br />community's development. As courses of action committed to by the county, policies provide the <br />basis for all county land development related decisions—including plan amendment and rezoning <br />decisions. While all comprehensive plan objectives and policies are important, some have more <br />applicability than others in reviewing plan amendment and rezoning requests. Of particular <br />applicability for this request are the following policies and objectives. <br />- Future Land Use Element Policy 14.3 <br />In evaluating a land use amendment request, the most important consideration is Future Land Use <br />Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a land <br />use amendment request. These criteria are: <br />• The proposed amendment will correct a mistake in the approved plan; <br />• The proposed amendment will correct an oversight in the approved plan; <br />• The proposed amendment is warranted based on a substantial change in circumstances <br />affecting the subject property; or <br />• The proposed amendment involves a swap or reconfiguration of land use designations at <br />separate sites and, that swap or reconfiguration will not increase the overall land use density <br />or intensity depicted on the Future Land Use Map. <br />The proposed land use amendment meets the policy's third and fourth criteria. In this case, the <br />change in circumstances referenced in the policy's third criterion relates to overall land use <br />efficiency. _ <br />The proposed amendment would allow commercial development, consistent with market demand, <br />while simultaneously increasing publicly controlled conservation areas. Additionally, the proposed <br />amendment will facilitate the enlargement and the enhancement, by the applicant, of an <br />environmentally sensitive wetland. That environmentally sensitive wetland (Subject Propenyl) is <br />currently designated C/I. Because that wetland is more appropriately designated C-1, and does not <br />require a GT land use designation, and because there is a demand for the C/I designation on Subject <br />Property 2, the proposed node reconfiguration would increase overall land use efficiency. By <br />facilitating the creation and public control of the wetlands without a large expenditure of public <br />resources, the proposed amendment is the most efficient manner in which to protect and preserve <br />that land. <br />Therefore, the opportunity to increase publicly controlled conservation areas and to increase <br />environmentally sensitive wetland habitat constitutes a change in circumstances affecting the subject <br />properties. For that reason, the proposed amendment meets the third criterion of Future Land Use <br />Element Policv 14.3. <br />Even more clearly, the proposed amendment meets the policy's fourth criterion. As specifically <br />cited in the policy, the proposed amendment involves a swap or reconfiguration of land use <br />designations at separate sites and, that swap or reconfiguration will not increase the overall land use <br />density or intensity depicted on the Future Land Use Map. In this case, the swap/reconfiguration <br />will result in a decrease the overall land use density/intensity. For those reasons, the proposed <br />amendment meets the fourth criterion of Future Land Use Element Policy 14.3. <br />Because the proposed amendment meets the policy's third and fourth criteria, the proposed <br />amendment is consistent with Future Land Use Element Policy 14.3. <br />- Future Land Use Element Policies 1.3, 3.2, 3.3, 3.4, 7.1, and 7.5; Stormwater Management <br />Sub -Element Policies 1.1 and 1.2; and Capital Improvement Element Policies 3.3 and 3.5 <br />Each of these policies regulates development in flood prone areas. These policies are relevant <br />because, according to FEMA maps, a small portion of Subject Property 2 is within Flood Zone A. <br />Future Land Use Element Policies 1.3, 3.3, and 3.4 require the county to set standards and <br />procedures regarding the development of land in flood prone areas, and to incorporate those <br />standards and procedures into the county's land development regulations. Future Land Use Element <br />Policy 3.2 specifically states that regardless of land use designation or zoning district, no <br />development shall be permitted to exceed established levels of service. Future Land Use Element <br />JUNE 291998 <br />`; <br />-27- E C�� x JF A -6E 7� <br />
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