Laserfiche WebLink
as long as the Jungle Trail protected area, the 301, can be <br />provided and the setbacks can be measured from that protected <br />area, he felt we should be all right. <br />Attorney Doty then cited Page 12 of the Management Plan as <br />stating that any realignment must be traffic safety related and <br />enhance without jeopardizing the historic integrity of the Trail. <br />He believed there is no doubt that the realignment will adversely <br />affect the historic.integrity of the Trail. <br />Commissioner Scurlock pointed out that this Board, based on <br />a public hearing made a judgment and came up with a vote to agree <br />that the Trail is historic. This is still that very same Board <br />and he believed future Boards will continue to agree it is <br />historic. <br />Attorney Doty agreed the Board did that, but did not feel <br />they should necessarily sit in judgment. If they did that, he <br />supposed then that the Board feels comfortable with saying that <br />the realignment itself has been historic when it doesn't even <br />exist. He did not wish to debate but felt it requires some legal <br />Imagination to say that because the Board established what has <br />existed since the 120s and 130s as a historic road, the Board <br />also has authority to declare what doesn't yet exist historic as <br />well. He did not think that is supportable at all. <br />Chairman Wheeler believed that is an interesting point <br />Attorney Doty just brought up. He felt probably it was reaching <br />some in the beginning to call the north portion of the Trail <br />historic anyway, and if you take the same criteria, you could <br />apply it to quite a few other roads in the county and call them <br />historic as well. <br />Attorney Doty next stressed that the realignment must <br />continue the continuity of the Trail, and the developer is <br />proposing a cut at some point here; he believed they are asking <br />for 500' for that. The proposal is to stop traffic on Jungle <br />Trail so that it yields R/W to traffic in a development, and he <br />would suggest that it should be the other way around. <br />65 <br />JUN 2 21999 ROOK 7 F'';E 2031 <br />