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0 <br />The site is within the Urban Service Area of the county. Water lines from the South County Reverse <br />Osmosis Plant extend along Indian River Boulevard to within approximately one quarter of a mile <br />of the subject property. The nearest wastewater collection lines are more than 3,000 feet from the <br />subject property. Those lines extend from the Central County Wastewater Treatment Plant, along <br />37"' Street, east to Indian River Boulevard. <br />C;.lMMO - - YM, <br />The subject property is accessed via 41" Street. West of Indian River Boulevard 411, Street is a two- <br />lane road with approximately 100 feet of public road right-of-way. That segment of 41 a Street, <br />classified as an urban minor arterial road on the future roadway thoroughfare plan map, is paved. <br />except for the portion from US I to Indian River Boulevard. The unpaved portion is programmed <br />to be paved by the middle of 1998. <br />East of Indian River Boulevard the public road right-of-way for 41 ° Street is generally 50 feet wide <br />and extends approximately 450 feet. In that area. 419 Street is a2 lane local road, the western 2/3 of <br />which is paved. <br />Near 411 Street, Indian River Boulevard is classified as an urban principal arterial road on the future <br />roadway thoroughfare plan map. This segment of Indian River Boulevard is a four -lane paved road <br />with approximately 200 feet of public road right-of-way. There are no plans to expand Indian River <br />Boulevard. <br />Subject PropcM*s Zoning History <br />Past zoning practices of the county explain why the eastern portion of the subject property is <br />currently zoned RS -1. Because of its location near the Indian River Lagoon. the eastern portion of <br />the subject property was historically treated as riverfront land. The RS -1 zoning of that portion of <br />the subject property is related to its proximity to the Indian River Lagoon. <br />Currently, zoning in the county is based on future land use designations depicted on a future land <br />use map that is part of an adopted comprehensive plan. That, however, has not always been the case. <br />Although zoning was established in the county in 1957, the county's first comprehensive plan was <br />not adopted until 1976. Not until 1985 was zoning made to conform to the county's comprehensive <br />plan. <br />Prior to 1985, the entire subject property was zoned R -IA. Single -Family. That zoning district <br />required that all conforming lots be at least 10,000 square feet in size. The maximum density for the <br />R -IA district. therefore, was approximately 4 units/acre. <br />In 1985, a countywide rezoning effort was undertaken to make zoning in the county correspond to <br />the 1982 comprehensive plan's land use designations. The 1982 plan designated most of the subject <br />property as MD -I (up to 8 units/acre). Land near the Indian River Lagoon, however, was designated <br />as environmentally sensitive. The eastern portion of the subject property fell into that category. <br />Since the county at that time did not have a special zoning district for environmentally sensitive land <br />that portion of the subject property was down -zoned from R -IA to RS -1. The RS -1 zoning district <br />allows residential development at a density of up to I unittacre. That 1 unit/acre density was <br />consistent with the then applicable 1 unittacre density of the environmentally sensitive land use <br />designation. <br />When the current comprehensive plan was adopted in 1990, the subject property was given the M -I <br />land use designation. Also at that time, a provision was added to the comprehensive plan that <br />required the boundaries of the Conservation land use designations to be based on a site specific <br />environmental survey of estuarine wetlands on a site. <br />In 1991, the county adopted Land Development Regulations (LDRs) which created the Conservation <br />zoning districts. Those Conservation districts apply to environmentally important areas such as <br />estuarine wetlands. Although not depicted on the county's zoning atlas, these districts are established <br />when development is proposed for a site containing estuarine wetland or xeric scrub habitat. The <br />boundaries of the conservation zoning district (like the boundaries of the conservation land use <br />designations) are then based on a site specific environmental survey of the property. <br />In this case, a recently completed site specific survey indicates that the boundary of the estuarine <br />wetlands does not coincide with the RS-6/RS-1 zoning district boundary. Instead the survey <br />indicates that the boundary of the subject property coincides with the boundary of the estuarine <br />wetlands. <br />Therefore, land east of the subject property would be deemed to be designated C-2. Conservation -2. <br />and zoned Con -2, Estuarine Wetlands Conservation District (up to 1 unit/40 acres). In contrast. the <br />subject property would be eligible to be zoned consistent with the M-1 land use designation (up to <br />8 units per acre) established by the comprehensive plan. <br />This information is important because it indicates that the eastern portion of the subject property is <br />currently zoned RS -1 because of a past broad brush approach to designating environmentally <br />sensitive land. Since the underlying comprehensive plan designation is M-1. the subject property <br />is eligible to be rezoned to any residential district up to the requested RM -8. <br />JANUARY 13, 1998 <br />-19- BOOK 104 PAUE 7 <br />