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I BOOK �. PAGE 7 7 - Future Land Use Element Policy1.12 Future Land Use Element Policy 1.12 states that the L-1, Low -Density Residential -1, land use designation is intended for residential uses with densities up to three units/acre. Since the site is located within an area designated L-1, the existing RM -6 zoning district, which allows densities up to six units/acre, is not consistent with Future Land Use Element Policyl.12. The proposed RS -3 zoning district, however, limits densities to three units/acre. For that reason, the proposed rezoning is consistent with Future Land Use Element Policyl.12. While Future Land Use Element Policies 1.3 and 1.12 are particularly applicable to this request, other comprehensive plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the comprehensive plan. Environmental protection regulations are the same for both the RM -6 and the RS -3 zoning districts. Those regulations require that, prior to residential development of the site, the developer complete an environmental survey to determine the extent of any jurisdictional wetlands on site. That survey must be approved by the county's environmental planning staff. Any jurisdictional wetlands determined to be located on the parcel are regulated by federal, state, and county agencies. A survey of listed species would also be required prior to development of the site. If that survey found any listed species, the developer would be required to coordinate with the appropriate state and federal agencies. Since the site contains native upland plant communities, the county's 10/15% set aside requirement applies to the subject property. For these reasons, no significant adverse environmental impacts associatcd with this request are anticipAed. As noted in the Description and Conditions section of this staff report, state law requires that the Board of County Commissioners hold two public hearings prior to approving county initiated rezonings of more than ten acres. The subject request meets those criteria. The July 13, 1999 Board of County Commissioners meeting will meet state requirements for one of the public hearings. The second public hearing then must be held at least 10 days after the first hearing. Additionally, state law requires that at least one of the public hearings be held after 5:00 p.m. on a weekday, unless four commissioners vote to conduct that hearing at another time of day. In this case, the following factors indicate that holding the second rezoning public hearing at 9:05 a.m. at a regular Board of County Commissioners meeting would be sufficient to ensure public participation: • The future use of the subject property already was discussed at previous public hearings and public meetings when the comprehensive plan was adopted, and • When, as in this case, zoning is not consistent with the Comprehensive Plan, the Comprehensive Plan prevails. For that reason, rezoning the subject property will not result in a change in the allowed density on the subject property (Section 163.3194, Florida Statutes). For those reasons, staff feels that it would be appropriate to hold the second rezoning public hearing at. 9:05 am. on July 27, 1999. 0 July 13, 1999 32 0 -I