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RESOLUTION NO. 2010- 047 Attachment "A" PROPOSED REVISIONS Policy 1.22: No node shall be expanded unless 70% of the subject node's land area (less rights-of-way) is developed with non-residential and non-agricultural uses, or approved for non-residential and non-agricultural development, or otherwise warranted by the proposed development. Otherwise warranted may include but not be limited to the following: • Developed percentage of a node is between 60% and 70% and the node expansion meets one of the following criteria: o Expansion of the node is necessary to accommodate the expansion of an existing use where there is not suitable vacant land adjacent to the use within the node, the land proposed for inclusion is owned or controlled by the owner of the site containing the use proposed for expansion, and a finding is made by the Board of County Commissioners that no other land in the node can feasibly accommodate the expansion of the referenced use, or o Expansion of an existing node is necessary to adjust a node boundary that splits a small parcel of land and a finding is made by the Board of County Commissioners that development of the parcel is not feasible with the split land use designation and that inclusion of the parcel in the node is more appropriate than exclusion of the parcel from the node. • Expansion of a node is necessary to accommodate a use (such as a regional mall or a large-scale research/technology/industrial park) which has a substantial land area requirement and no alternative suitable sites are available in existing nodes. • Expansion of a node is necessary to compensate for existing or proposed right-of-way which was included within the node boundary and included in the node size calculation, where the node expansion will not exceed the acreage represented by the right-of-way. • Expansion of a node is necessary to accommodate a substantial change in circumstances affecting a property adjacent to the node, where said change has had the effect of making the property unsuitable for residential use. Such change could include establishment of an adjacent, incompatible use, or a significant change in adjacent development patterns due to an act of government such as road development and expansion. • Expansion of a node is necessary to include existing adjacent non -conforming commercial or industrial uses where a finding is made by the Board of County Commissioners that the non -conforming uses cannot be otherwise eliminated. • Expansion of a node is necessary to facilitate a swap of land use designations involving more than one node where all involved nodes impact the same public facilities and the swap will not increase the overall land use density or intensity depicted on the Future Land Use Map. The total area added to any expanding node or nodes shall be equal to or less than the total area removed from any other involved node or nodes. 4 of 5