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BOOK .100 PAGE 917 <br />Past Actions <br />On September 26, 1996, the Planning and Zoning Commission voted 6-0 <br />to recommend that the Board of County Commissioners transmit the <br />proposed land use amendment to the State Department of Community <br />Affairs (DCA) for their review. <br />On November 21, 1996, the Board -of County Commissioners voted 5-0 <br />to transmit the proposed land use amendment request to DCA for <br />their review. The Board of County Commissioners is now to decide <br />whether or not to adopt the requested land use designation and <br />whether or not to hold the second rezoning public hearing at 9:05 <br />a.m. at a regular Board of County Commissioners' meeting. <br />ORC Report <br />Consistent with state regulations, DCA reviewed the proposed <br />amendment and prepared an Objections, Recommendations and Comments <br />(ORC) Report (dated January 30, 1997), which planning staff <br />received on February 4, 1997. The DCA ORC Report (attachment 7) <br />contained one objection to this proposed amendment. That objection <br />was procedural in nature and related to the county's state mandated <br />Evaluation and Appraisal Report (EAR). <br />According to state law, the county was required to submit an <br />adopted EAR to DCA by January 1, 1997. The county complied with <br />that requirement by adopting its EAR on December 17, 1996, and <br />transmitting it to DCA on December 20, 1996. Once a local <br />government's adopted EAR submittal date has passed, state law <br />prohibits that local government from amending its comprehensive <br />plan until DCA has determined that the EAR is sufficient. On <br />February 24, 1997, DCA determined that the county's EAR was <br />sufficient. <br />Between the county's January 1, 1997 EAR submittal date and DCA's <br />February 24, 1997 sufficiency determination, the county was <br />prohibited from amending its comprehensive plan. Because the DCA <br />ORC Report was issued on January 30, 1997, prior to DCA's EAR <br />sufficiency determination (February 24, 1997), the ORC Report <br />contained an objection based on the county's EAR not having been <br />determined to be sufficient (Section 163.3187 (6), F. S. and Rule 9J - <br />5.0053(4)(e), F.A.C.]. The analysis section of this staff report <br />contains a response to DCA's objection. <br />Existing Land Use Pattern <br />Consisting primarily of undeveloped sand pine scrub and pine <br />flatwoods, the site is currently zoned RM -6. The area located <br />directly north of the subject property, within the Sebastian City <br />Limits, is zoned Mobile Home Planned Unit Development (up to 5 <br />units/acre). Currently, the portion of that property that abuts <br />the subject property is undeveloped xeric oak scrub. <br />Wabasso Park, a county -operated park facility that is zoned A-1, <br />Agricultural District (up to 1 unit/5 acres), is located at the <br />northwest corner of the subject property. West of the site, land <br />is zoned RM -6. Land along the northern half of the site's western <br />boundary consists of rangeland and single-family houses on large <br />lots, while the Lows Park Subdivision of single-family houses abuts <br />the southern half of the site's western boundary. <br />South of the site, across CR 510, land is zoned RM -3, Multiple - <br />Family Residential District (up to 3 units/acre) and RS -3, Single - <br />Family Residential District (up to 3 units/acre). Consisting <br />primarily of single-family homes, that area also contains several <br />churches. <br />Land east of the site contains a mix of land uses including The <br />John's Island Club -West Golf Course (zoned RM -6), an abandoned <br />citrus grove (zoned RM -8), a church (zoned RM -6), and a legally <br />established non -conforming mobile home park (zoned RM -6 and CL). <br />Future Land Use Pattern <br />The subject property, land to the west of the subject property, and <br />the northern half of land to the east of the subject property are <br />designated L-2, Low -Density. Residential -2, on the future land use <br />map. The L-2 designation allows residential uses with densities of <br />up to 6 units/acre. <br />With the exception of two small C/I, Commercial/ Industrial Node, <br />designated areas near CR 510, the land to the east of the subject <br />property is designated M-1, Medium -Density Residential -1, on the <br />future land use map. The M-1 designation allows residential uses <br />with densities of up to 8 units/acre. The C/I designation allows <br />commercial and industrial uses. <br />MARCH 18, 1997 44 <br />