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- M <br />When the current Comprehensive Plan was approved on February 13, <br />1990, the plan assigned commercial uses to commercial nodes. These <br />_nodes were designated various sizes to reflect commercial demand <br />and were established in certain areas to incorporate lands deemed <br />suitable for commercial development. The subject property was <br />considered at that time and was not included in the original node <br />configuration. Therefore, it is staff's position that there was no <br />mistake nor oversight in the Comprehensive Plan. - <br />A common rationale given by applicants to justify a land use change <br />for property fronting U.S. Highway #1 and other arterial roads is <br />that residential development of such a parcel is unfeasible. <br />Applicants often use this reasoning to argue that designation of <br />such property as residential constitutes a mistake in the approved <br />plan. Historically, however, residential development has been <br />feasible along the east side of U.S. Highway #1, and it still is. <br />In fact, single- and multiple -family development exist in numerous <br />places along U.S. Highway #1 in Indian River County. Changing past <br />policy and amending the plan for. -this request would affect other <br />residential parcels abutting U.S Highway #1. In fact, it would <br />affect other residential parcels that have frontage along any major <br />road. Circumstances are not substantially different for most of <br />these parcels, and their residential designations do not constitute <br />mistakes in the approved plan. <br />The third criterion of policy 13.3 allows the county to amend the <br />land use map if changes in circumstances affecting the subject <br />property have occurred since the 1990 adoption of the Comprehensive <br />Plan. In this case, there have been no new uses established in <br />proximity to the subject property since the adoption of the <br />Comprehensive Plan. The circumstances affecting the subject <br />property are generally the same as they were when the Comprehensive <br />Plan was adopted. Therefore, the third criterion of policy 13.3 <br />has not been met. <br />While preparing the Comprehensive Plan, the county looked at each <br />commercial node and determined node size based upon the amount of <br />existing development and potential growth projected for the next <br />twenty years within the general market area of the node. The <br />county then adopted the node boundaries. For any of these node <br />boundaries to be changed through a Comprehensive Plan amendment, a <br />change in circumstance affecting the amount of developed land in <br />that node would need to occur. In fact, Policy 1.23 of the Future <br />Land Use Element specifically addresses that issue. <br />- Future Land Use Policy 1.23 <br />Policy 1.23 of the Future Land Use Element states that no node <br />should be considered for expansion unless 708 of the land area <br />(less rights of way) is developed or approved for development with <br />non-agricultural and non-residential uses, unless otherwise <br />warranted. <br />Otherwise -warranted includes but is not limited to: <br />• substantial changes in circumstances affecting property <br />adjacent to a node; <br />• instances when expansion of a node is necessary to accommodate <br />a use (such as a regional mall) which. has substantial land <br />area requirements and no alternative suitable site is <br />available in existing nodes; <br />• instances when expansion of a node is necessary to include <br />existing adjacent non -conforming uses that cannot otherwise be <br />eliminated; <br />• instances when 608 to 708 of a node is developed and: <br />33 <br />NV J'i 1992 BOOK <br />88 FAGS 0 <br />