7/12/1994 - Laserfiche WebLink

Home Browse Search

in reviewed. If only mechanical/mathematical factors were to be considered why would site plans be subject to an independent review by the P & Z Commission and the County Commission. These bodies are not merely a "rubberstamp" for staffs recommendation. The standards and requirements for review of site plans are established by local government as a legislative act, when they are incorporated in the LDRs. The court's review is limited to an examination of the review standards and a determination of whether those standards have been met by the applicant. The burden of proof is on the applicant to show by competent and substantial evidence that all relevant standards in the LDRs have been met. It is not staffs responsibility to carry this burden. The relevant standards in the LDR's require the site plan to meet all applicable zoning district regulations (See 914.15(1),(2) and (8) above). The purpose and intent of the Commercial zoning district and the definition of the Limited Commercial (CL) zoning district are standards in the LDRs that must be met before a site plan can be approved. Section 911.10 Commercial districts. (1) Purpose and intent. These districts are intended to permit the development of commercial property to ... promote the economic well being of the county, .. . and ensure commercial development compatible with existing and proposed development. Section 91.10 General Districts. (2)(e) CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas. The definition of the CL district is a very specific standard that must be met. It is the heart of the site plan application, without this standard there would be no site plan for the Sea Mist Shoppes. Certainly it is reasonable to expect an applicant to meet this standard. Unfortunately for everyone, the proposed site plan for the Sea Mist Shoppes does not meet this standard and various others (the economic well being of the County is at risk due to a devaluation of surrounding property; the use is not compatible with surrounding properties; the second median cut on Mooring Line Drive is contrary to the LDRs; the procedure to establish the traffic projections and directional flow fails to adequately consider all relevant factors). Having reviewed the above standards and requirements that site plans are expected to meet in Indian River County, I will next list each of the 15 excerpts (quotes) from your memorandum and follow each one with my analysis. CASE EXCERPTS 1. "... the function of a ... commission is reviewing a property owner's proposed site plan for development of the owner's property in accord with the city zoning laws was not legislative in nature, but rather administrative (i.e., quasi-judicial)." (City of Delray Beach) This statement is correct but it could confuse the Commissioners. The fact that site plan review is quasi-judicial, rather than quasi -legislative, mainly affects the way subsequent, judicial review (of the Board's decision) is conducted - the traditional "fairly debatable" standard (for legislative actions) will not be applied by a court reviewing the Board's action on a site plan review. 94 July 12, 1994 92 rnF 868 I