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The site plan and administrative permit application now under appeal was submitted by Mosby & Associates, Inc. on behalf of Ken Godfrey. The application is for a 17.25 acre excavation area (16 acres to become "lake" area) on a project site that consists of a 38 acre grove property in the unincorporated county and a small adjacent property located within the City of Fellsmere (see attachment #2). The portion of the project in the unincorporated area of the county is zoned A-1 (Agricultural up to 1 unit/5 acres) a zoning district which allows mining operations as an administrative permit use only. The portion within the City of Fellsmere is zoned industrial. Because the project site is located in both the city and county, the proposal is subject to approval by both jurisdictions. The site plan/administrative permit application proposes excavation and training on the 38 acre county site and proposes a segment of the project's "on-site haul road" on the city site. Under the LDRs, the mining operation is not a permitted, "by right" use. Rather, it is an administrative permit (conditional) use that can be granted only if applicable criteria and conditions, as well as normal site plan standards, are satisfied. Staffs review of the application indicated that it failed to meet a traffic access standard that applies to site plan projects and did not meet specific access standards that apply to mining operations. Accordingly, staff recommended denial. The Planning and Zoning Commission agreed with staffs analysis and denied the application. That decision has been appealed to the Board which is now to consider the site plan/administrative permit application and the Planning and Zoning Commission's decision to deny the application. The Board may uphold or overturn the Planning and Zoning Commission's decision. In doing so, the Board may approve, approve with conditions, or deny the project application. ANALYSIS: The county's land development regulations (LDRs) provide criteria for the Board to use in its review of the appeal of the Planning and Zoning Commission's decision on the site plan/administrative permit application. These criteria, based on LDR section 902.07 (see attachment #3), are as follows: (1) Did the Planning and Zoning Commission fail to follow the appropriate review procedures? (2) Did the Planning and Zoning Commission act in an arbitrary or capricious manner? (3) Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties, traffic circulation or public health, safety and welfare? (4) Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? The Board is to consider each of these criteria and make findings in all 4 areas addressed by the criteria. Staff s analysis of the Planning and Zoning Commission's decision in regard to the 4 criteria are is follows: November 7, 2000 166 BK 1 15 PG 875 0 0