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BOOK 107 PAGE 5 5 When originally adopted, the plan included provisions for Neighborhood Commercial Nodes to meet the convenience retail and service needs of neighborhoods. In terms of providing those services, however, the Neighborhood Commercial Nodes have had limited success. Those nodes, in fact, have functioned similarly to the more common CommerciaUIndustrial Nodes. As part of the county's recently completed evaluation and appraisal process, however, the county added an objective and policies to allow and encourage Tradition Neighborhood Design (TND) Projects. By definition, TND Projects include neighborhood commercial type uses. With the addition of potential TND Projects, there is no longer a need for new or expanded Neighborhood Commercial Nodes. For that reason, the proposed amendment limits Neighborhood Commercial Nodes to existing areas. Therefore, the adoption of an objective and policies to allow and encourage TND projects constitutes a change in circumstances related the proposed amendment. For that reason, the proposed amendment is consistent with Future Land Use Element Policy 14.3. Each of these proposed amendments relates directly to recent changes in state law. Those changes constitute a change in circumstances affecting the proposed amendments. For that reason, these proposed amendments are consistent with Future Land Use Element Policy 14.3. When adopted, the plan set general land use and zoning guidelines. Since plan adoption, however, case law has specifically determined that landowners are entitled to the most intense zoning district that is consistent with the site's land use designation, unless the governing body determines that a less intense zoning district serves a legitimate public purpose. The proposed amendments set specific criteria indicating when a site may be given a zoning district other than the most intense allowed by the land use designation. The case law determinations constitute a change in circumstances that affects the proposed amendments. For that reason, these proposed amendments are consistent with Future Land Use Element Policy 14.3. Although provisions for small scale amendments were present in state law, the county did not take advantage of them until the recent Hale Groves amendment. While processing that amendment, it became clear that local criteria, in addition to state criteria would be necessary to determine which, if any, future amendments would be processed as small scale amendments. The fact that such criteria were not originally included in the plan constitutes an oversight. By setting criteria for processing an amendment as a small scale amendment, the proposed change corrects that oversight. For that reason, the proposed amendment is consistent with Future Land Use Element Policy 14.3. While Future Land Use Element Policy 14.3, is particularly applicable to these proposed plan amendments, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the proposed amendments for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the proposed changes to the Future Land Use and Intergovernmental Coordination Elements are consistent with the comprehensive plan. November 10, 1998 46