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/OA I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: June 9, 2017 SUBJECT: Indian River County's Request for Special Exception Use Approval for the Osprey Acres Floway and Nature Preserve (Public Limited Utility) [SP -SE -17-06-09 / 2005060500-78909] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 20, 2017. DESCRIPTION & CONDITIONS The Indian River County Public Works Department has submitted an application for major site plan and special exception use approval to construct a stormwater floway system and nature preserve. The subject site is 83.7 acres in size and is located on the south side of 5th Street SW, immediately east of the County's Osprey Marsh Nutrient Removal Facility (aka Algal Turf Scrubber). Please see attachment 3. The proposed facility will accept pre-treated stormwater from the Osprey Marsh facility, as well as untreated water from the Indian River Farms Water Control District (IRFWCD) canal system, treat that water through shallow marshes/settling ponds and the floway system, and discharge the treated water back into the IRFWCD canal system. Approximately 95% of the site is zoned RS -6, Residential Single - Family (up to 6 units/acre), while two smaller t2.3 acre portions are zoned RM -6, Residential Multiple - Family (up to 6 units/acre) and CL, Limited Commercial, respectively (see attachment 3). All of the floway improvements are located north of 7th Street SW in the RS -6 zoned portion ofthe site, while two nature trails extend south of 7th Street SW (see attachment 5). Under the County's land development regulations (LDRs), the proposed facility constitutes a "public limited utility" use. As a public limited utility, the proposed stormwater floway system requires special exception use approval on the RS -6 zoned portion of the subject property. Therefore, special exception approval is required for the proposed facility. In this case, the applicant has applied for concurrent major site plan and special exception use approval. Consistent with the County LDRs, staff has approved the major site plan application subject to the Board of County Commissioner's (BCC) approval of the special exception use request. The BCC now needs to consider the special exception use request for the proposed public limited utility (stormwater floway system), conduct a public hearing, and approve, approve with conditions, or deny the request. Pursuant to Section 971.05 of the County LDRs, the BCC is to consider the appropriateness P131