11/02/2004 - Laserfiche WebLink

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In response to Commissioner Lowther, Community Development Director Bob Keating advised that the developer was fined $7,394.00 (50 cents/square foot) for illegal removal of vegetation from a 20’ wide native upland conservation easement along the eastern boundary of Phase II-D (Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block A). The applicant also had to pay a fee in lieu of setting aside the land for conservation and that came to $31,898. The total amount for clearing that area illegally was $39,292. Then Director Keating responded to another question as to whether or not the County could have required the applicant to replant the vegetation plus the fine. He stated that the County could have, but staff determined that it was not high quality vegetation and we have been moving further away from having conservation on individual lots to conservation on separate tracts. County Attorney Collins explained that Lindsey Lanes was the first subdivision to have a conservation easement for native uplands after the Comp Plan was adopted in 1990 establishing a policy of preserving them. The conservation easements were imposed and it was subsequently found there was a lot of difficulty in placing pools and patios because of the th easements. The original developer came and set aside about 3-5 acres off 13 Street SW where they could substitute an easement in an intact area and get releases from some of the single family lots. That was not the case here, this was accidental clearing apparently but they did pay the fine rather than substitute other properties. ON MOTION by Commissioner Lowther, SECONDED by Commissioner Neuberger, the Board unanimously approved the proposed Partial Release of Conservation Easement and authorized the Chairman of the Board to execute same, as recommended in the memorandum of August 25, 2004. COPY OF PARTIAL RELEASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD November 2, 2004 6