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submerged bottomlands (and associated habitat). Each of these <br />resources is subject to local, state, and federal regulatory <br />protection. <br />Indian River County's land development regulations include wetland <br />and deep -water habitat protection requirements, among other <br />environmental regulations. These regulations would apply to any <br />proposed development of the property, whether or not the zoning <br />remains as is or is revised to a lower density allowance. For <br />example, an owner could propose to fill wetlands and/or deepwater <br />habitat on the subject property regardless of an RS -3 or RS -1 <br />zoning. Under both zoning scenarios, however, ,the fill proposal <br />would be subject to. close scrutiny,by local, state, and federal <br />agencies to ensure that environmental impacts would be avoided or <br />minimized, including mitigation as applicable and appropriate. <br />Section 928.05(1)(c) of the County Wetlands and Deepwater Habitat <br />Protection ordinance reads as follows: <br />"No activity shall be allowed that results in the <br />alteration, degradation, or destruction of wetlands or <br />deepwater habitats except when .... such an activity is <br />proposed for wetlands or deepwater habitats in which the <br />functions and values currently provided are significantly <br />less than those typically associated with such habitats <br />and cannot be reasonably restored, and preservation of <br />the habitat is not in the public interest." <br />To date, no formal application has been submitted to the Planning <br />Division for alteration of the property's wetlands or deepwater <br />habitat. However, preliminary review by county environmental <br />planning staff indicates that any fill proposal, whether the <br />property is zoned RS -3 or RS -1, would likely be denied, since <br />wetland/deepwater values are not "significantly less than those <br />typically associated with such habitats", and can be "reasonably <br />restored." <br />The county's upland habitat protection regulations (Chapter 929, <br />LDRs) do not apply here, in that virtually no native upland <br />vegetation occurs on the overall property, except for an occasional <br />oak, protected under the county's tree protection ordinance. As <br />such, a "down zoning" of the property would have no substantive <br />effect on furthering the protection of the property's sensitive <br />resources, which are already subject to multiple -agency regulatory <br />protection. <br />Consistency with the Comprehensive Plan <br />Rezoning requests are reviewed for consistency with all policies of <br />the Comprehensive Plan. Policies, of course, are the actions which <br />the county will take in order to direct the community's <br />development. Specifically, policies are the courses of action or <br />ways in which programs and activities are conducted to achieve an <br />identified goal or objective. While all comprehensive plan <br />policies are important, some have more applicability than others in <br />reviewing rezoning requests. <br />In this case the .subject property is located in the area of the <br />county designated as L-1, Low -Density Residential (up to 3 <br />units/acre). The existing RS -3 (residential district up to 3 <br />units/acre) zoning of the property is consistent with the Future <br />Land Use Map. All adjacent properties are zoned RS -3. So as <br />zoned, the subject property is consistent with the existing land <br />use plan designation and is compatible with the zoning of adjacent <br />properties. <br />Usually, the.purpose of a county initiated administrative rezoning <br />is to make the zoning of a property consistent with its land use <br />designation. Since no inconsistency exists here, there would need <br />17 <br />BOOK E� <br />AUG 27 1991 <br />