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BOOK n� °3 r:` The Planning and Zoning Commission based its decision on the county authority and discretion provided for in LDR section 932.06(3) (see attachment #3) and did discuss the applicable LDRs to the proposed project. Therefore, the Planning and Zoning Commission did not fail to review the project with respect to the applicable county LDRs. The Commission's denial "sent a message" that Commission members are concerned about continuing the county's DEP deferral policy in areas where coastal erosion appears to be significant. in so doing, commissioners expressed concerns that DEP requirements may not be stringent enough in areas of significant coastal erosion. After discussion at the Planning and Zoning Commission meeting and review of the subject appeal, staff's conclusion is that a great deal of study and on-going expertise would be needed if the county decides to regulate coastal construction above and beyond DEP permitting requirements. It is also staff's opinion that technically justified, specific criteria would need to be established by the county to fairly and uniformly apply the "discretion" given in LDR section 932.06(3). Staff also notes that there are numerous structures and entire lots that are located seaward of the 1987 CCCL that would need to be carefully considered if the county "goes beyond" DEP regulation of such structures and properties. Based on the absence of substantial competent evidence and objective and specific county criteria to apply to construction proposed seaward of the 1987 CCCL, the decision to deny the Boston Homes applications, despite required compliance with DEP and county DSSL requirements, is arbitrary and cannot be uniformly applied to other similarly situated properties. Therefore, the Planning and Zoning Commission's decision does not meet all four review criteria and should be reversed. Based on the above analysis, staff recommends that the Board of County Commissioners find that the Planning and Zoning Commission acted arbitrarily in its Boston Homes decision, overturn the Planning and Zoning Commissions decision, and grant major site plan and preliminary plat approval for the Boston Homes proposal with the following conditions: 1. Prior to site plan release, the applicant shall: a. Submit and obtain planning staff approval of details of the landscaping and irrigation improvements required on the south side of the wall that is proposed to run parallel to Sandalwood Road, and b. Obtain, and submit to county staff:_ a DEP permit for construction seaward of the 1987 CCCL and revise the site plan, if necessary, to comply with any DEP permit requirements, and C. Submit and obtain planning staff approval of revised landscape plans that denote tree preservation areas in site areas that are not covered by proposed buildings, driveways, and stormwater areas, and d. The northern lot shall be reduced in size at the west end. 2. Prior to the issuance of a certificate of occupancy, the applicant shall construct the buffer required along the site's Sandalwood Road frontage. March 7, 2000 50 I