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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
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