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The Board is now to consider this third site plan application for the site, and the appeals of the <br />Planning and Zoning Commission's approval of that site plan. The Board may uphold or overturn <br />the Planning and Zoning Commission's decision. In doing so, the Board may approve, approve with <br />conditions, or deny the subject site plan application. <br />• Planning and Zoning Commission Action Being Appealed <br />Procedurally, the Atlas Development Company application followed the county's standard site plan <br />review process. After extensive review, staff recommended that the Planning and Zoning <br />Commission approve the site plan application subject to conditions, including a condition that the <br />applicant obtain a DEP coastal construction control line permit for the pool and a separate condition <br />that the applicant provide documentation showing that the building meets the 35 building height <br />limitation. After considering comments from the public and the applicant, the Commission voted 6 - <br />1 to approve the site plan. <br />• Appellants' Concerns <br />The appellants have raised three specific areas of concern. These three concerns relate to: <br />• emergency services issues <br />• the effects of the proposed development on surrounding properties, based on the size <br />and scope of the proposed development <br />• erosion issues related to those proposed improvements (e.g. portion of the pool) <br />proposed to be located seaward of the 1987 CCCL <br />These concerns are addressed in the analysis portion of this report. <br />ANALYSIS: <br />The county's land development regulations (LDRs) provide criteria for the Board to use in its review <br />of the appeal of the Planning and Zoning Commission's decision on the site plan application. These <br />criteria, based on LDR section 902.07 (see attachment #5), are as follows: <br />(1) Did the Planning and Zoning Commission fail to follow the appropriate review <br />procedures? <br />(2) Did the Planning and Zoning Commission act in an arbitrary or capricious manner? <br />i <br />(3) Did the Planning and Zoning Commission fail to consider adequately the effects of <br />the proposed development upon surrounding properties, traffic circulation or public <br />health, safety and welfare? <br />(4) Did the Planning and Zoning Commission fail to evaluate the application with <br />respect to the comprehensive plan and land development regulations of Indian River <br />County? <br />The Board is to consider each of these criteria and make findings in all 4 areas addressed by the <br />criteria. Staffs analysis of the Planning and Zoning Commission's decision in regard to the 4 <br />criteria is as follows: <br />April 3, 2001 <br />OK 1 17 PG 15 6z <br />0 <br />