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Southeast Enterprise <br />November 19, 1982 <br />Page 3 <br />ALTERNATIVES AND ANALYSIS: (Continued) <br />Although privately owned lands may be excluded from Aquatic <br />Preserves (Chapter 258.40(1)) the DNR still maintains juris- <br />diction over their uses and may negotiate specific agreements <br />to insure the protection of the Aquatic Preserves. Thus, DNR <br />maintains the authority to review and issue permits for proposed <br />uses of the subject property's 7.0 acres of submerged land. The <br />applicant does have clear title to these 7.0 acres of submerged <br />land; however, there is a low probability that permits would-be <br />issued allowing development of these 7.0 acres. Because this <br />submerged land has only a remote probability to be developed, <br />the County will not allow the transfer of those 7 units associ- <br />ated with submerged lands to the non -environmentally sensitive <br />areas. <br />Administrative Status - The Environmentally Sensitive area is <br />recognized as a wetland both in the Indian River County Compre- <br />hensive Plan and by the Department of Environmental Regulation <br />and Department of Natural Resources. It is recognized that any <br />potential development in the area would be governed by the re- <br />quirements and policies of these three agencies. It is recognized <br />that it would be extremely difficult to develop, dredge, or <br />fill in the Environmentally Sensitive Area. However, it is staff's <br />= position that protection of these Environmentally Sensitive Areas <br />is covered within the Comprehensive Plan and that protection of <br />Environmentally Sensitive Areas is a significant local concern. <br />The enforcement of any drainage requirements which would impact <br />these Environmentally Sensitive Areas will be within the juris- <br />diction and responsibility of Indian River County. Based on these <br />considerations, it is felt that concern for the preservation and <br />protection of this Environmentally Sensitive Area is an appropri- <br />ate issue in the review of any rezoning request or subsequent <br />development proposals. <br />Land Use - Surrounding Land Use. As mentioned previously, in <br />this rezoning analysis, the subject property is located adjacent <br />to River Shores Subdivision. The area south of the subject <br />property is undeveloped. The area.opposite the subject property <br />on the west side of U.S.#1 contains an appliance store and a <br />gift shop. The area north of River Shores Subdivision contains <br />scattered single family development. Tanglewood Mobile Home Park <br />is located approximately 2,000 feet north of the subject property <br />on the east side of U.S.#l. Tommy's Transmission'is just north <br />of the mobile home park and Mecca Convalescent Home is located on <br />the southeast corner of the intersection of U.S.#1 and Oslo Road. <br />A flea market is located on the west side of U.S.#1, just south <br />of Oslo Road. <br />The subject property is located within an urban services district <br />and is designated as -LD -2, Low Density Residential (maximum <br />density 6 units/acre). The subject property is not within the <br />boundaries of an established commercial or industrial node. <br />However, the Comprehensive Plan allows development of neighbor- <br />hood nodes of up to 8 acres. These nodes allow uses which serve <br />the immediate needs of residential areas. Because the subject <br />property presently contains C-1, Commercial zoning, this analysis <br />will review the impacts of a residential development at present <br />residential zoning densities and with a neighborhood node. A second <br />scenario will analyze the impacts of the entire subject property <br />being developed as a single family residential area under the <br />provisions of R-lA, Single Family District. Thirdly, this analysis <br />will address the impacts of the applicant's proposed development. <br />Under the Plan in the present zoning, an 8 acre neighborhood node <br />might be developed on the subject property. The C-1, Commercial <br />District allows apartment uses as an accessory use to commercial <br />development. It is therefore possible to presently develop an area <br />2 � X 2 PAK <br />®EC 119 _ <br />