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3/16/1999
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3/16/1999
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/16/1999
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These changes are relatively minor. They add clarity to the policies and address issues (such as the <br />land use designation of spoil islands in the Indian River Lagoon and land use designation swaps) <br />that, due to oversights, were not addressed in the original plan. Because they correct oversights in <br />the comprehensive plan, the proposed amendments are consistent with Future Land Use Element <br />Policy 14.3. <br />Although required by state law, land use intensity standards for the Commercial/Industrial, Public <br />Facilities, and Recreation land use designations were not specifically included in the comprehensive <br />plan. Although the plan was amended numerous times, neither the county nor the state reviewing <br />agency (the Department of Community Affairs) noticed this situation until recently. The omission <br />from the comprehensive plan of land use intensity standards for commercial/industrial land use <br />designations constitutes an oversight. By adding land use intensity standards for the Commercial/ <br />Industrial, Public Facilities, and Recreation land use designations to the comprehensive plan, the <br />proposed amendment corrects that oversight. For that reason, the proposed amendment is consistent <br />with Future Land Use Element Policy 14.3. <br />Each of these proposed amendments relates directly to recent changes in state law. Those changes <br />constitute a change in circumstances affecting the proposed amendments. For that reason, these <br />proposed amendments are consistent with Future Land Use Element Policy 14.3. <br />When adopted, the plan set general land use and zoning guidelines. Since plan adoption, however, <br />case law has specifically determined that landowners are entitled to the most intense zoning district <br />that is consistent with the site's land use designation, unless the governing body determines that a <br />less intense zoning district serves a legitimate public purpose. The proposed amendments set <br />specific criteria indicating when a site may be given a zoning district other than the most intense <br />allowed by the land use designation. The case law determinations constitute a change in <br />circumstances that affects the proposed amendments. For that reason, these proposed amendments <br />are consistent with Future Land Use Element Policy 14.3. <br />Although provisions for small scale amendments were present in state law, the county did not take <br />advantage of them until the recent Hale Groves amendment. While processing that amendment, it <br />became clear that local criteria, in addition to state criteria, would be necessary to determine which, <br />if any, future amendments would be processed as small scale amendments. The fact that such <br />criteria were not originally included in the plan constitutes an oversight. By setting criteria for <br />processing an amendment as a small scale amendment, the proposed change corrects that oversight. <br />For that reason, the proposed amendment is consistent with Future Land Use Element Policy 14.3. <br />While Future Land Use Element Policy 14.3, is particularly applicable to these proposed plan <br />amendments, other comprehensive plan policies and objectives also have relevance. For that reason, <br />staff evaluated the proposed amendments for consistency with all plan policies and objectives. <br />Based upon that analysis, staff determined that the proposed changes to the Future Land Use and <br />Intergovernmental Coordination Elements are consistent with the comprehensive plan. <br />ANALYSIS OF REASONABLENESS OF PROPOSED AMENDMENTS <br />Future Land Use Element <br />The changes to this policy can be divided into two groups. The first group of changes more <br />specifically describe the types and intensities of recreational uses allowed in the Conservation land <br />use designations. These changes allow only passive recreational uses (such as nature centers and <br />MARCH 16, 1999 <br />U <br />-53-BOOK lu� FAGE 668 <br />
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