3/14/1995 - Laserfiche WebLink

Home Browse Search

present at the Planning and Zoning Commission meeting and the Planning and Zoning Commission considered concerns expressed by residents in its decision to conditionally approve the project. Also, it should be noted that the normal procedures for processing an appeal have been followed, including regular mail notice to adjacent property owners of the March 14, 1995 Board appeal hearing. Therefore, in staff's opinion, the Planning and Zoning Commission did not fail in regards to review procedures. 2. The proposal was not reviewed in an arbitrary manner; rather, it was reviewed in accordance with the general and specific criteria that apply to administrative permit use requests. As indicated in staff's report to the Planning and Zoning Commission (see attachment #1), all of the specific land use criteria and Chapter 934 regulations applied to mining proposals are satisfied by the request. Furthermore, on the basis of a general review requirement for administrative permit use compatibility, the Planning and Zoning Commission restricted the hours of the proposed mining operation. Therefore, in staff's opinion, the Planning and Zoning Commission ensured that specific and general LDR requirements were satisfied, and did not act in an arbitrary or capricious manner in its review and approval of the mining proposal. 3. As outlined in this report and as evidenced by staff's report to the Planning and Zoning Commission, issues relating to the effects of the proposed development on surrounding properties were presented to and considered by the Planning and Zoning Commission. Water impacts, traffic, and compatibility issues were discussed during the Planning and Zoning Commission meeting and were addressed in accordance with the LDRs and permits or approvals from the St. Johns River Water Management District and county traffic engineering. To date, no evidence regarding adverse project impacts has been presented by Mr. O'Haire. Therefore, in staff's opinion, the Planning and Zoning Commission did not fail to consider adequately the effects of the proposed development upon surrounding properties, traffic circulation or public health, safety and welfare. 4. As previously stated in this report, the comprehensive plan and LDRs allow a mining operation use on the subject site. The LDRs address various aspects of the Rebel Ranch mining proposal, including: buffers, setbacks, traffic impacts and access, road impacts, site reclamation, stormwater management, water quality, environmental impacts, and concurrency. Staff's report to the Planning and Zoning Commission and this report document satisfaction of applicable LDR requirements. Furthermore, the Planning and Zoning Commission's discussion and review of the contested issues (water impacts, traffic, and aesthetics and compatibility) were guided by the LDRs. The evidence considered by the Planning and Zoning Commission indicated that the LDRs would be satisfied with the conditions included as part of the Commission's action to approve the mining request. Therefore, in staff's opinion, the Planning and Zoning Commission did not fail to evaluate the applicant's request in light of the LDRs and comprehensive plan. In summary, it is staff's opinion that the Planning and Zoning Commission adequately and appropriately considered the sand mine proposal along with all other evidence and concerns expressed by area residents. Furthermore, it is staff' opinion that the Planning and Zoning Commission's conditional approval ensures that 42 March 14, 1995