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500K 92 FACE '791 A. Comprehensive Plan The highest control, the comprehensive plan, is a statutorily mandated legislative plan to control and direct the use ,and development of property within the county. The plan is similar to a constitution for all future development within the county and is developed by the BCC in its legislative discretion subject only to state law requirements. It is the adopted portion of the comprehensive plan (i.e., goals, objective standards, land use map, and other reference tables) that carry the force of law. B. Zoning Regulations The LDRs are the means by which the comprehensive plan is implemented and their implementation involves the exercise of discretionary powers within limits imposed by the comprehensive plan. The requirement of the state that all LDRs conform to the comprehensive plan is in effect a limitation on the local government's otherwise broad zoning powers. In the last few years, Indian River County has made all its zoning and other •land development regulations consistent with the comprehensive plan. As already mentioned any challenges based on inconsistency of LDRs with the comprehensive .plan -not filed within 12 months of LDR adoption are time-barred by Section 163.3213(3)1 F..S. C. Site Plan The County's site plan regulations are also LDRs, which have been adopted through the public hearing process, and are thus presumed to be in compliance with the comprehensive plan. However, specific site plans must, be reviewed for consistency with the LDRs. Section 914.15 of the Code requires that "site plans shall be reviewed pursuant to all applicable zoning district regulations and regulations for specific land uses, as applicable" and that "the development of any areas subject to the provisions of this ordinance shall be consistent with the policies regarding land development as established in the various elements of the Indian River County comprehensive plan." This section lists some 26 matters to consider, most of which are objectively determinable standards. Thus the burden. of proof is on the proponent of the plan to show consistency or compliance with the aforementioned requirements. STANDARD OF REVIEW Once the evidence for both sides has been presented what is the standard of review available to the Board of County Commissioners? When enacting the comprehensive plan and initial LDRS the Board acts as a legislative body subject to the deferential "fairly debatable" rule. When reviewing.site plan issues, however, the Board is acting as a quasi-judicial body. This means that there must be competent, substantial evidence for every required finding, and that the decision of the Board must be based on whether the applicant has met the requirements of existing law. It would not be appropriate to consider what the law should be (That would be a legislative decision). A county cannot unreasonably withhold site plan approval -once the legislatively adopted existing legal requirements have been met. The following excerpts from controlling court cases may. assist the Board in understanding the review standards: 17 July 12, 1994 M M M