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F_ <br />In regards to these four areas, <br />staff's opinion is as follows: <br />1. The reviewing official/Planning and Zoning Commission did not <br />fail to follow appropriate review procedures. Staff's review <br />and response to the appellant's inquiry was procedurally <br />correct. All procedures for processing the appeals have been <br />followed. <br />2. The reviewing official/Planning and Zoning Commission did not <br />act in an arbitrary or capricious manner. The procedures for <br />reviewing use determinations were followed, as indicated in <br />the analysis section of this report. Also, staff and the <br />Planning and Zoning Commission used the SIC code, •planning <br />literature, and widely -accepted traffic standards in its <br />review, as previously cited in the analysis section of this <br />report. <br />3. The reviewing official/Planning and Zoning Commission did not <br />fail to adequately consider the effects of the proposed <br />development upon surrounding properties. As previously <br />discussed in. the analysis section of this report, these <br />characteristics were reviewed in comparing "grocery stores" to <br />"supermarkets". <br />4. The reviewing official/Planning and Zoning Commission did not <br />fail to evaluate the determination with respect to the <br />comprehensive plan and land development regulations. As <br />previously discussed in the analysis.section of this report, <br />the framework of the LDR zoning code use table and the LDR <br />buffer requirements were considered. The intent of the CL <br />district and accommodation of convenience uses were also <br />considered, as indicated in the analysis section of this <br />report. <br />SUMMARY <br />In summary, grocery store/ supermarket is the same use. This use is <br />allowed in the CL zoning district to serve neighborhood commercial <br />type needs. Therefore, neither staff nor the Planning and Zoning <br />Commission made an error in interpreting or applying the land <br />development regulations. <br />RECOMMNDATION: <br />Based on the analysis above, staff recommends that the Board of <br />County Commissioners: <br />1. Find that neither the Community Development Director nor the <br />Planning and Zoning Commission failed in any of the 4 areas of <br />review, as described in this report, and <br />2. Deny the appeal and uphold the Planning & Zoning Commission's <br />decision that "grocery stores" and "supermarkets" are the same <br />use within the Indian River County Land Development <br />Regulations and that "supermarkets" are permitted in the CL <br />zoning district. <br />July 12, 1994 <br />M <br />11A <br />M <br />-1 <br />