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3/21/2000
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3/21/2000
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/21/2000
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C <br />has the option to recommend approval or denial of the comprehensive plan amendment request to <br />the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend <br />approval of or deny the rezoning portion of the request. If the rezoning request is denied, only the <br />land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. <br />Following Planning and Zoning Commission action, the Board takes final action to approve or deny <br />the land use amendment and rezoning requests. <br />Besides being exempt from DCA review, small scale amendments are also exempt from the state's <br />statutory limitations on the frequency of adopting comprehensive plan amendments. For example, <br />although the number of typical plan amendments that a local government may consider is not <br />limited, the frequency with which local governments can amend their comprehensive plan is <br />regulated by state law. According to Florida Statutes, typical plan amendments are limited to twice <br />per calendar year. For that reason, the county accepts typical plan amendment applications only <br />during the two "window"months of January and July. All requests submitted during each window <br />month are processed simultaneously. That method ensures that typical plan amendments will be <br />adopted no more than twice per calendar year. <br />State law, however, provides several exceptions to the twice per calendar year limitation. One of <br />those exceptions is for small scale plan amendments. Consequently, a local government may adopt <br />small scale amendments, such as the subject plan amendment, without regard for the twice per <br />calendar year limitation. For that reason, the proposed amendment is exempt from the twice per <br />calendar year adoption limit. <br />The overall ±1.93 acre parcel is zoned RS -1 in the county's zoning atlas and consists of estuarine <br />wetlands and vacant uplands that were cleared in the late 1980's. Although each subject property <br />contains both wetlands and uplands, Subject Property 1 is mostly wetlands and Subject Property 2 <br />is all uplands except for a narrow band of wetlands near the shore of the Indian River Lagoon. <br />The overall parcel is bounded on the north (across Earring Point Drive), east, and west by estuarine <br />wetlands; and on the south by the Indian River Lagoon. <br />Although the county's zoning atlas depicts estuarine wetlands within the county as having various <br />zoning designations, all privately owned estuarine wetlands are deemed to be zoned Con -2, Estuarine <br />Wetland Conservation District (up to 1 unit/40 acres). <br />The overall ±1.93 acre parcel and surrounding properties are designated L-2, Low -Density <br />Residential -2, on the county future land use map. The L-2 designation permits residential uses with <br />densities up to 6 units/acre. <br />Although designated L-2 on the future land use map, portions of the subject properties and adjacent <br />lands consist of privately owned estuarine wetlands. Future Land Use Element Policies 1.6 and 1.7 <br />state that privately owned estuarine wetlands are deemed to be designated C-2, Conservation -2. The <br />C-2 designation permits conservation uses, limited recreational uses, and residential uses with <br />densities up to 1 unit/40 acres for on-site development or 1 unit/acre for transferable development <br />rights. <br />March 21, 2000- <br />93 <br />60n� q :� F�1GE Fes' <br />• <br />
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