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Board of County Commissioners Review Guidelines for Appeals <br />Section 902.07 provides guidelines for the Board's review of the appeal. Under section 902.07, the <br />Board is to review the Planning and Zoning Commission's decision under the same review criteria <br />that apply to staff decisions, and is to make findings in the following four review areas: <br />1. Did the reviewing official (Planning and Zoning Commission) fail to follow the appropriate <br />review procedures? <br />Response: Staff and the Planning and Zoning Commission did not fail to follow the appropriate <br />review procedures. This is evidenced by the chronology of events contained in this <br />report. <br />2. Did the reviewing official (Planning and Zoning Commission) act in an arbitrary or capricious <br />manner? <br />Response: Staff and the Planning and Zoning Commission did not act arbitrarily or capriciously, <br />but acted on the advice of the County Attorney's Office and on a clear reading of old <br />and new plat approval expiration ruleg. The developer's own inaction and/or <br />inadequate responses has lead to the determination that re-application is required. <br />Failure of the county to apply expiration dates would be arbitrary and would be <br />unfair to other developers who, over the years, have had to re -apply for project <br />approvals when original approvals have expired. <br />3. Did the reviewing official (Planning and Zoning Commission) fail to consider adequately the <br />effects of the proposed development upon surrounding properties, traffic circulation or public health, <br />safety, and welfare? <br />Response: Staff and the Planning and Zoning Commission did not fail to consider adequately <br />effects on surrounding properties. The decision would ensure an up-to-date re- <br />review of the proposed development. <br />4. Did the reviewing official (Planning and Zoning Commission) fail to evaluate the application <br />with respect to the comprehensive plan and land development regulations of Indian River County? <br />Response: Staff and the Planning and Zoning Commission did not fail to evaluate the <br />application with respect to the LDRs and Comprehensive Plan. As previously stated, <br />a clear reading of the expiration rules has been applied. The decision would result <br />in a clear and up-to-date review of the project in light of the existing Comprehensive <br />Plan and LDRs. <br />In summary, re-application and re -approval is required to ensure that up-to-date drawings <br />(preliminary plat and land development permit) are used to complete the project, and that the project <br />complies with current regulations. If the decision is overturned, the county would be acting <br />arbitrarily by simply choosing to not apply expiration requirements that have been applied to other <br />developers. <br />AUGUST 17, 1999 <br />59 <br />