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FEB 21 1989 Boy 76 'f'� �� 19 structures and afforded river views from the apartment windows. Sea Oaks, even though they have taken advantage of the selective cutting provisions of Ordinance Section 18-26 have asserted that they are under no legal obligation to comply with the native planting strip requirements of Section 18-26 until such time as a "Jungle Trail Management Plan" is adopted by resolution of the Board. It is the opinion of the County Attorney's Office that until such time as a full management plan is adopted by resolution of the Board, the guidelines for maintenance of scenic and historic roads may be implemented as recommended by the Community Development Division and the Planning and Zoning Commission by resolution on a case by case basis. RECOMMENDATION Adopt the attached resolution as recommended by the Community Development Division and Planning and Zoning Commission for the implementation of guidelines for maintenance of scenic and historic Jungle Trail for the frontage of Sea Oaks River Villas 1. Attorney Collins felt the real issue is whether the staff is correct in its interpretation of the ordinance or whether the intent can be accomplished as requested by Sea Oaks. Commissioner Scurlock assumed that one of the goals of everyone is to try to preserve the trail and whatever vision you have as you travel it. We do not want the people in the vehicles or walking to see the buildings, but we also do not necessarily want to prohibit those in the buildings from having a view. In other words, you can have vegetation so that someone could not see the building, but the building's line of sight over it to the river could be maintained. He asked if there is any inconsis- tency in that. Community Development Director Keating did not think there was. To try to put this in perspective, he referred to a colored drawing of the site plan and advised that Sea Oaks has come in under the overall PRD concept and that affords a little more flexibility. The building depicted is going to be 45' above natural grade, and it is coming to within 6' of the buffer area. There is a 30' buffer. In that buffer area the vegetation is pretty much mixed with pepper trees, Turk's Cap, and some native vegetation. Sea Oaks has requested permission to take that out and put in different vegetation. The present vegetation is 34