04/04/2017 (2) - Laserfiche WebLink

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right of way along the south side of the property from AIA to the Tracking Station Oceanfront Park for public access. The Town Council had taken prior action to provide the 5' right of way. During the meeting, a motion was made to rescind the prior action allowing a 5' right of way. This motion failed 3-2. Therefore, the previous determination to have a 5' pathway still stands. The proposed right of way is depicted on the conceptual plans for the dune crossovers. Staff recommends that the approval of any dune crossovers be contingent upon the provision of public access from AIA to Tracking Station through the 5' pathway. The County Attorney recommends that the right of way/easement contain a deed restriction that would require County approval as well as Town approval to abandon the right of way/easement or make any changes to any deed restrictions in the future. Staff also has concerns about the width of the proposed 5' pathway. It should be noted that the existing fence is 2' north of the property line. As a result, the 5' pathway is essentially divided near its halfway point. County staff would recommend that either the Town or the buyer relocate the fence closer to the south property line prior to development of the property. Additionally, staff is concerned that the proposed pathway is too narrow. Given that the pathway would be — 600 feet long, and the future property owner may install fencing or a wall, a 5' wide pathway seems very narrow and uninviting. Therefore, staff would recommend a 7' wide pathway. Additionally, the property owner(s) will need to enter into a license agreement with the County for each cross-over structure and associated trimming and access items. This must be a non- exclusive access agreement with the County, and the agreement should address public access rights, liability, penalties for non-compliance, maintenance, replacement, and insurance. Another matter that should be considered by the Board is provision of public access from the existing north gate at the Tracking Station Oceanfront Park (as shown on map attached) to any future dune crossover(s). Staff recommends that the County require future owners to provide a clear access path from the north gate to future dune crossovers as they are constructed, subject to county staff review and approval. The Town also requested that the County authorize the Town to trim invasive vegetation as well as to trim a 20'-30' wide swath of "native vegetation (sea -grape trees trimmed no more than to 6" in height without a DEP permit) from the Town property east to the dune to provide potential buyers an opportunity to view the ocean -view...". Furthermore, the Town requested that the County provide permission for future owners to trim/maintain the sea grapes and other native vegetation in a similar manner, within DEP guidelines (please see copy attached). Currently the sea grapes in the area are quite tall in some places, and staff would not support allowing for such trimming due to the potential for over -trimming of mature sea grapes, the loss of sea turtle lighting buffer, and the loss of a visual buffer for park users. Therefore, the Town has rescinded this request and submitted a revised request asking for up to three (3) dune crossovers only (see attachment, dated March 15, 2017). P200