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r MAY 25 iqq <br />BOOK 89 FAGF 601 -7 <br />The third criterion of Future Land Use Policy 13.3 allows the <br />county to amend the land use map if changes in circumstances <br />affecting the subject property have occurred since the 1990 <br />adoption of the Comprehensive Plan. In this case, there have been <br />no new uses established in proximity to the subject property since <br />the adoption of the Comprehensive Plan. The circumstances <br />affecting the subject property are generally the same as they were <br />when the Comprehensive Plan was adopted. Therefore, the third <br />criterion of Future Land Use Policy 13.3 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 70% of the land area <br />(less rights-of-way) is developed, or approved for development, <br />with 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 60% to 70% of a node is developed and: <br />1. expansion of the node_ is necessary to accommodate <br />expansion of an existing use when no other adjacent land <br />in the node is suitable and the land proposed for <br />inclusion has the same -owner as the expanding use; <br />2. a node boundary splits a parcel rendering it unsuitable <br />for development, and the Board of County Commissioners <br />finds that inclusion of the parcel in the node is more <br />appropriate than exclusion of the parcel from the node. <br />The intent of Future Land Use Policy 1.23 is to establish specific <br />criteria for node expansion. Without such criteria, decisions are <br />often arbitrary and inconsistent. The 70% standard, then, is a <br />measure of 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 70% 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 180 acres. <br />Once the total node acreage was established, staff needed to <br />determine the percent developed with non-agricultural and non- <br />residential uses. Again, the staff used the Property Appraiser's <br />60 <br />