6/12/2001 - Laserfiche WebLink

Home Browse Search

• Subject Property ' s Zoning History Past zoning practices of the county explain why the subject property is currently zoned RS - 1 . Because of its location near the Indian River Lagoon . the subject property was historically treated as riverfront land . The RS - 1 zoning of the subject property is related to its proximity to the Indian River Lagoon . Currently . zoning in the county is based on future land use designations depicted on a future land use map that is part of an adopted comprehensive plan . That . however , has not always been the case . Although zoning was established in the county in 1957 . the countv ' s first comprehensive plan was not adopted until 1976 . Not until 1985 was zoning made to conform to the county ' s comprehensive plan . ` Prior to 1985 . the entire subject property was zoned R - 3 . Multiple Dwelling Distnct . That zoning district allowed up to 14 units/acre . � ` In 1985 . a countywide rezoning effort was undertaken to make zoning in the county correspond to the 198 '. comprehensive plans land use designations . The 1982 plan designated the subiect propem as LD ( up to 6 units/acre [ . Land near the Indian River Lagoon , however, was designated as environmentally sensitive . The subject property fell into that category . Since the county at that time did not have a special zoning district for environmentally sensitive land . the subject propertywas down -zoned from R - 3 to RS - 1 . The RS - I zoning district allows residential development at a density of up to 1 unit/acre . That 1 unit/acre density was consistent with the then applicable 1 unit/acre density of the environmentally sensitive land use designation . When the current comprehensive plan was adopted in 1990, the subject property was given the C land use designation . Also at that time , a provision was added to the comprehensive plan that required the boundaries of the Conservation land use designations to be based on a site specific environmental survey of estuarine wetlands on a site . In 1991 . the county adopted Land Development Regulations ( LDRs ) which created the Conservation zoning districts . Those Conservation distracts apply to environmentally important areas such as estuarine wetlands . Although not depicted on the countv ' s zoning atlas , these districts are established when development is proposed for a site containing estuarine wetland or xeric scrub habitat . The boundaries of the conservation zoning districts (like the boundaries of the conservation land use designations ) are then based on a site specific environmental survey of the proper . In this case , a recently completed site specific survey shows that the boundary between the uplands/non -estuarine wetlands and the estuarine wetlands does not coincide with the current RM - 6/RS - 1 zoning district boundary . In fact, the environmental survey shows that . in the area of the subject proper . most of the RS - 1 zoned area actually contains uplands and non -estuarine wetlands . Those uplands and non -estuarine wetlands constitute the subject property ( the boundaries of the subject property were specifically drawn to include uplands and non -estuanne wetlands , and to exclude estuarine wetlands ) . Because the subject proper contains onlv non - estuarine wetlands and upland habitat, the subject property is eligible to be zoned consistent with the L- 2 land use designation ( up to 6 units per acre ) established by the comprehensive plan . Although the estruarine wetlands north , east, and west of the subject property would remain zoned RS - 1 in the zoning atlas , those estuarine wetlands are deemed to be designated C- 2 . Conservation - 2 . and zoned Con - 2 , Estuarine Wetlands Conservation District ( up to 1 uniU40 acres t . For development purposes , the Con - 2 zoning district applies . June 12 , 2001 17 Ply 1 P 'Z3 4