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M <br />Based upon its analysis, the staff feels that the proposed land use <br />amendment meets the criteria as stated above. <br />On February 13, 1990, when the current Comprehensive Plan was <br />approved, the plan assigned commercial uses to commercial nodes. <br />These nodes were designated various sizes to reflect commercial <br />demand within the -general market area of the node. Additionally, <br />these nodes were established in certain areas to incorporate lands <br />deemed suitable for commercial development. While the subject <br />property was considered in the aggregate with other properties and <br />was not included in the original node, a case could be made that <br />there was no mistake nor oversight in the Comprehensive Plan. <br />In fact staff's original position was that no mistake of oversight <br />had occurred. Based upon Planning and Zoning Commission input, <br />staff now feels that the current land use designation of the <br />subject property does reflect a mistake or oversight. The specific <br />mistake or oversight reflects the failure to consider the small <br />size of the subject property and the constraints of developing a <br />parcel of this size in this location residentially. Staff feels <br />that if the subject property had been evaluated separately during <br />plan development that the parcel would have been designated C/I. <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, the proposed expansion of Indian River <br />.Boulevard to 53rd.Street constitutes a change that will affect this <br />parcel directly. While the construction of Indian River Boulevard <br />was programmed prior to plan adoption and therefore does not <br />constitute a change, the proposed improvement of the 53rd <br />Street/U.S. Highway #1 intersection is a change whose magnitude and <br />effect on the subject property was not recognized during plan <br />adoption. This expansion will have a substantial negative impact <br />on any potential residential development on the subject property. <br />Therefore, the third criterion of policy 13.3 has also been met, <br />and the subject request is consistent with policy 13.3. <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 701 of the land area <br />(less rights of way) is developed or approved for development with <br />non-agricultural and non-residential uses, or otherwise warranted <br />by the proposed development. <br />The intent of Policy 1.23 is toestablish specific criteria for <br />node expansion. Without such =criteria, decisions are often <br />arbitrary and inconsistent. The 701 standard then is a measure of <br />whether a node needs to be, expanded. <br />When the subject request was submitted, staff undertook an analysis <br />to determine whether or not the request met the 701 development <br />criterion to qualify for node expansion. Staff proceeded with this <br />analysis by compiling a list of all parcels in the node, obtaining <br />the acreage of each parcel from the Property Appraiser's tax maps, <br />and aggregating these acreage amounts. Using this method, staff <br />determined that the total acreage in the node was 257 acres. <br />Once the total node acreage was established, the next step was to <br />determine the percent developed with non-agricultural and non- <br />residential uses. Again, the staff used the Property Appraiser's <br />information to do this. Based upon tax and use codes, staff <br />determined which parcels were developed or approved for development <br />with non-agricultural and non-residential uses, and then calculated <br />the acreage of these parcels. Using this method, staff determined <br />that the total non -agriculturally and non -residentially developed <br />or approved to be developed acreage in the node was 101.8 acres <br />(24.3 acres developed and 77.5 acres approved for development). <br />51 <br />L_NOV 17 1992 <br />BOOK 88 P �E 55 <br />