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Director Boling noted there have several points of contention <br />in terms of whether or not this revised site plan meets the <br />requirements of the LDRs with regard to traffic, parking, etc. He <br />felt the Board needs to concentrate on four of those areas. One <br />will involve the traffic study itself, the trip distribution and <br />the assumptions that went into that, and the impact on how <br />different driveways on different parts of the project are <br />classified. A different classification of driveway would mean a <br />different type of requirement in terms of the separation distance <br />between where the driveway enters the property and the next <br />intersection with an internal driveway. Concerns also were raised <br />about the median on Mooringline Drive, the two driveway cuts within <br />that median, and the application of the LDRs regarding median <br />openings. Another issue to consider is the maneuverability within <br />the loading area and getting into the loading areas. <br />Director Boling advised that a fourth issue, which is major, <br />gets back into the scope of review. He referred to the following <br />memo from County Attorney Charles Vitunac dated 7/6/94: (Exhibit <br />1.2) <br />TO: Board of County Commissioners <br />FROM: Charles P. Vitunac, County Attorney <br />DATE: July 6, 1994 <br />RE: Standard of Review for Site Plan Appeal <br />I have been asked to state briefly the legal prerogatives of the Board <br />of County Commissioners regarding site plan appeals under the Indian <br />River County Code and State law and in particular regarding the Publix <br />site plan for The Moorings, which is under appeal. <br />SUMMRY OF SITE PLAN REVIEW <br />The site plan -review requirements are given in Section 914.15 of the <br />Code and can be reduced to the following three inquiries, each of which <br />will be discussed in turn: <br />1. Is the use allowed by the zoning code? <br />By the time the Publix site plan appeal is heard, the Board of County <br />Commissioners may have resolved the issue whether a "supermarket" is <br />within the ambit of the term "grocery store" and hence allowed in a CL <br />zone. If the use is not allowed, the site plan must be rejected. If <br />the use is allowed, the Board must next determine if the site plan meets <br />the objectively determinable standards. <br />53 <br />July 12, 1994 <br />_I <br />