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r, <br />Bou 10 7 PAGE 54d I <br />development. "Otherwise warranted" is defined in the policy. The proposed amendment expands <br />the definition of "otherwise warranted" to include the following: <br />• land use designation swaps that involve more than one node where all involved nodes impact <br />the same public facilities, and that do not increase the overall land use density or intensity <br />depicted on the Future Land Use Map; and <br />• the correction of an oversight or mistake affecting property that meets certain criteria. <br />These changes add clarity and certainty to Future Land Use Element Policy 1.22. <br />Future Land Use Element Policy 1.23 sets a minimum separation distance of 1.5 miles between <br />commercial/industrial nodes. The proposed amendment clarifies the intent of the policy. <br />Besides Commercial/Industrial Nodes, the comprehensive plan also establishes Neighborhood <br />Commercial Nodes. Future Land Use Element Policy 1.26 gives the intent of; and the restrictions <br />on, Neighborhood Commercial Nodes. Recently, however, the potential for another commercial area <br />was added to the comprehensive plan. That area can be located within a Traditional Neighborhood <br />Design (TND) project. Through the evaluation and appraisal process, an objective and policies <br />specifically providing for TND projects were added to the comprehensive plan. <br />With the allowance for commercial areas within TND projects, there no longer is a need for new <br />Neighborhood Commercial Nodes. For that reason, the proposed amendment limits Neighborhood <br />Commercial Nodes to their existing areas. <br />Future Land Use Element Policies 1.28 and 1.29 describe the types of uses that are allowed within <br />the Public Facilities and the Recreation land use designations, respectively. Similar to the proposed <br />changes to Policy 1. 16, the proposed amendment adds land use intensity standards to the Public <br />Facilities and the Recreation land use designations. <br />Consistent with recently passed state law, new Future Land Use Element Policies 1.39 and 1.40 <br />encourage schools to locate near urban residential areas, and require the county, to the extent <br />possible, to collocate public facilities, such as parks, libraries, and community centers, with schools. <br />Recent case law in Florida has established that property owners are entitled the most intense zoning <br />district that is consistent with a site's comprehensive plan land use designation, unless the local <br />government's governing body determines that a less intense zoning district on that site serves a <br />legitimate public purpose. <br />November 10, 1998 <br />42 <br />