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Ur �I Fait - Future Land Use Element Policy 1.23 Policy 1.23 of the Future Land Use Element states that no node should be considered for expansion unless 70% of the land area (less rights-of-way) is developed, or approved for development, with non-agricultural and non-residential uses, unless otherwise warranted. 'he intent of Future Land Use Element Policy 1.23 is to establish specific criteria for node tpansion. Without such criteria, decisions are often arbitrary and inconsistent. The 70% standard, en, is a measure of whether a node needs to be expanded According to the County's ►mmerciaUlndustrial Data Source, the subject node is 32% developed. stated in the policy, however, a node that is less than 70% developed may be considered for anion if otherwise warranted Policy 1.23 states that otherwise warranted may include but not mited to changes in circumstances affecting property adjacent to a node. As described above, idoption of noise impact overlay zones and regulations for development within those zones titutes a change in circumstances affecting the subject property. y 1.23 also states that otherwise warranted may include but not be limited to instances where ision of a node is necessary to include existing adjacent non -conforming commercial or trial uses, and a finding is made by the Board of County Commissioners that the non- miing uses cannot be otherwise eliminated. The packinghouse on the site constitutes an tg adjacent non -conforming use. Based on the analysis, staffs position is that the proposed se amendment is the best method to eliminate that non -conformity. For those reasons, the t request is consistent with Future Land Use Policy 1.23. Land Use Element Policies 1.15 and 1.17 Land Use Element Policies 1.15 and 1.17 state that the commercial/industrial land use tion should be within the urban service area and is intended for a wide range of commercial istrial uses. Fronting a major road, adjacent to C/I designated land, and with urban services e, the subject property is appropriate for commercial/industrial uses. The proposed tent would allow commercial/industrial development on the site. Therefore, the proposed .ent is consistent with Future Land Use Element Policies 1.15 and 1.17. ,re Land Use Policy 1.21 .is policy states that node boundaries are designed to eliminate strip commercial development and rban sprawl, and to provide for maximum use of transportation and public facilities. Given the land use designation pattern along 4111 Street, between 58* Avenue and US 1, the proposed amendment will not result in strip commercial development. Presently, non-residemial/non-agricultural uses extend on the south side of 411 Street from US 1 nearly to 58'" venue, a distance of more than two miles. The exception is the M-2 designated subject property and adjacent land on the west. That land abuts 41u Street for only 981feet, constituting a residential enclave in a non-residential/non-agricultural area Redesignating this property will result in infill, rather than strip, development. Because the development pattern of the area is already set and will not be impacted by the proposed amendment, the proposed amendment will not cause strip commercial development along 41' Street. For that reason, the request is consistent with Future Land Use Policy 1.21. - Future Land Use Element Policy 1.24 Future Land Use Element Policy 1.24 states that any property redesignated commercial through a land use plan amendment shall revert to its former designation if construction on the site has not commenced within a two year period, unless such timeframe is modified by the Board of County Commissioners as part of a development agreement. This policy decreases land speculation, and helps ensure that demand for additional C/I designated land is present before requests to expand nodes are approved This policy also allows for the correction of nodes mistakenly expanded in the absence of demand for more C/I designated land. NOVEMBER 4, 1997 40