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Thus, the Planning and Zoning Commission's decision to deny the project was based upon findings that the application did not meet all applicable LDRs. Therefore, the Commission did not fail to evaluate the application with respect to the Comprehensive Plan and the LDRs. Staff s conclusion is that the Planning and Zoning Commission -did not fail in any of the 4 areas of appeal review. Appellant's Issues The appeal letter appears to raise two issues which are the basis of the appeal. The appellant's fust issue is an assertion that the Planning and Zoning Commission's denial was based on "...refusing to consider the application conditioned on approval of the City of Fellsmere". However, it is clear that the Planning and Zoning Commission did consider and act on the application without first requiring City approval and acted based upon failure of the application to meet county LDRs. The supposed "Catch-22" argument raised by the appellant simply does not exist. The second issue raised by the appellant is that 99' Street is not a public road but a "driveway", and as such can be crossed for direct access to CR 507. However, public ownership and maintenance of 99'' Street are not even relevant to its classification under the county LDRs as a local road. As previously stated, 996 Street clearly meets the county definition of a local road (see attachment #5) and truly functions as a local road providing access to multiple parcels under separate ownership. Therefore, the section 971.22(b)4 prohibition on mining operations using local roads that serve residences applies to the subject application, and the application fails that requirement. Summary Mining operations are conditional uses in the A- I district and, therefore, cannot be considered a "by - right" use. There are many sites in the A-1 district that cannot meet all of the mining criteria of Chapter 934 and section 971.22, and the subject site is one such site. The application does not demonstrate satisfaction with LDR section 952.12(2)(a) and (g); 971.22(1)(b)3; 934.07(1); and 971.22(1)(b)4. Therefore, the Planning and Zoning Commission properly denied the application. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners: 1. Make a finding that the Planning and Zoning Commission did not fail in any of the 4 appeal review areas, and 2. Uphold the Planning and Zoning Commission's decision to deny the site plan/administrative permit application. 1. Appeal Letter and Correspondence 2. Planning and Zoning Commission Report with Approved Minutes 3. LDR Section 902.07 4. LDR Sections That the Applicant Has Not Satisfied 5. LDR Definition of "Road, local" November 7, 2000 IIT