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JUNGLE TRAIL/SEA OAKS RIVER VILLAS I <br />Assistant County Attorney Collins reviewed the following: <br />TO: The Board of County Commissioners <br />FROM : William G. Collins II - Assistant County Attorney <br />DATE: February 15, 1989 <br />SUBJECT: Jungle Trail/Sea Oaks River Villas I <br />BACKGROUND <br />The scenic and historic road ordinance has as an objective <br />(Section 18-22(3)) "to protect the public interest in <br />historic and scenic roads from activities, land uses, signs <br />and the unnecessary removal of native vegetation, which <br />impair ... its visual qualities." <br />Section 18-26 states that "the Community Development <br />Division shall implement guidelines for the maintenance of <br />the scenic and historic roads. These guidelines will be <br />adopted by resolution of the Board of County Commissioners <br />and shall include: <br />(1) The prohibition on clear cutting of vegetation in the <br />protected area. <br />(2) Provide for the cutting of selective vegetation within <br />the protected area upon the recommendation of the Community <br />Development Division and approval of the County Planning and <br />Zoning Commission. <br />(3) Rules will be adopted to promote the establishment of <br />planting strips within the protected area to be comprised of <br />native vegetation. <br />The Community Development Division has been issuing permits <br />for selective clearing of vegetation within the protected <br />area based on the authority of this ordinance. As a quid <br />pro quo, they have been requesting the planting of strips of <br />native vegetation to advance the objectives of Section <br />18-22(3). <br />PRESENT SITUATION - <br />The developers of Sea Oaks River Villas I object to a <br />condition that required them to plant a continuous opaque <br />native vegetation screen, having a height of at least 10 <br />feet within 3 years of planting along the edge of the road <br />right-of-way, as well as additional canopy tree groupings <br />within the buffer area, OR that they conform to the Jungle <br />Trail Management Plan which is yet to be adopted. They have <br />taken the position that there is no legal authority to <br />require them to do any landscaping of the buffer area along <br />Jungle Trail beyond the normal requirements of the landscape <br />ordinance. However, they did submit an alternative <br />landscaping plan which included lower native planting in the <br />30 -foot buffer area with a berm along the easternmost <br />portion of the buffer area and some higher planting atop the <br />berm which both partially screened their multifamily <br />33 <br />FEB 21 1989 <br />�JOK l f'�r.E i c y <br />