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RPR 14 1987 To: BOOK 68 FAGc 56 WRITTEN COMMENTS Board of County Commissioners of Indian River County From: "Citizens for Responsible Zoning", an association of persons owning property, residing, or owning or operating businesses within the boundaries of Indian River County (See Appendix A for names and addresses). Re: Proposed Comprehensive Plan Amendment by an ordinance of Indian River County, Florida, amending the Land Use Element of the Comprehensive Plan by creating a thirteen acre commercial node on the northside of 17th Street west of Indian River Boulevard. Date: April 14, 1987 publicly advertised transmittal hearing. Introduction The "Citizens for Responsible Zoning" submit the following written comments on the above Plan Amendment for review by Indian River County prior to the adoption hearing on the Plan Amendment, pursuant to Florida Statute 163.3184(7). Consideration of and response to these public comments is required as a minimum criteria for compliance with Chapter 163, Florida Statutes under Rule 9J-5.004 (2)(d), Florida Administrative Code. Since F.S. 163.3187(2) states "comprehensive plans may only be amended in such a way -to preserve the internal consistency of the plan pursuant to s. 163.3177(2)", the primary focus of these written comments shall be on whether this proposed amendment is consistent with the Indian River County Comprehensive Plan of June 12, 1985. Additional consideration will be given to compli- ance of the plan amendment to Rule 9J-5, F.A.C., the minimum criteria for review of local government comprehensive plans by the State Department of Community Affairs. The language of the Plan and the Rule may be somewhat paraphrased herein to enhance readability, but the substance is maintained in all cases and footnotes are provided for reference to the express language of the Plan and the Rule. AMENDMENT'S INTERNAL CONSISTENCY WITH PLAN 1. The Plan states "Commercial uses...appear to be adequate for current needs."1 "The amount of commercial land outside the City is generally sufficient to accomodate the outlying population." Comment: Page 15 of the Plan contains an inventory of lands in Indian River County as of 1982. At that time there was one (1) acre of commercially developed land for every sixteen (16) acres of residentially developed land. However, for every eight and two thirds (8 2/3) acres of vacant residential land there was one (1) acre of.vacant commercial land. This means that there is currently enough vacant commercially zoned land to service double the historically demonstrated need for commercial zoning. This proposed plan amendment would change thirteen acres from Medium Density Residential . (10 units/acre) to General Commercial. In a recent case, the Fourth District Court of Appeals stated that "where the zoning authority approves a use more intensive than that proposed by the plan,...the decision should be subject to stricter scrutiny then the fairly debatable standard contem- plates".3 -I 56