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Based on the absence of substantial competent evidence and objective and specific county criteria <br /> to apply to construction proposed seaward of the 1987 CCCL , the decision to deny the Atlas <br /> Development Corp . application, despite required compliance with DEP and county DSSL <br /> requirements , is arbitrary and cannot be uniformly applied to other similarly situated properties . <br /> Therefore, the Planning and Zoning Commission ' s decision does not meet all four review criteria <br /> and should be reversed, as ultimately the Boston Homes/Orchid Dunes Planning and Zoning <br /> Commission decision was reversed by the Board . <br /> RECOMMENDATION : <br /> Based on the above analysis, staff recommends that the Board of County Commissioners find that <br /> the Planning and Zoning Commission acted arbitrarily in its Atlas Development Corp . decision, <br /> overturn the Planning and Zoning Commissions decision, and grant major site plan approval for the <br /> Atlas Development Corp . proposal with the following conditions : <br /> 1 . Prior to site plan release, the applicant shall : <br /> a. Submit and obtain planning staff approval of details of the landscaping and <br /> irrigation improvements required on the south side of the wall that is <br /> proposed to run parallel to Sandalwood Road, and <br /> b . Obtain, and submit to county staff, a DEP permit for construction seaward of <br /> the 1987 CCCL and revise the site plan, if necessary, to comply with anv <br /> DEP permit requirements , and <br /> 2 • Prior to the issuance of a certificate of occupancy, the applicant shall construct the <br /> buffer required along the site ' s Sandalwood Road frontage, and construct or bond-out <br /> the 5 ' sidewalk along the site ' s SR A- 1 -A frontage. <br /> Director Boling gave a brief history of this property , including Boston Homes , Inc . ' s <br /> site plan of Orchid Dunes for 2 units which was submitted to the Planning & Zoning <br /> Commission on 1 /27/00 and denied ; the subsequent appeal to the Board on March 7 , 2000 , <br /> where the denial was upheld , and the further review of the matter by the Board on March 21 , <br /> 2000 , at which time the site plan was approved with the conditions submitted . He then <br /> displayed a drawing of the old site plan and pointed out the 1987 and 1981 Coastal <br /> Construction Control Lines ( CCCL ) . <br /> JANUARY 16 , 2001 BK I i F6 PG 7 4 2 <br /> - 28 - <br />