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I BOOK 106 FAGS r A These provisions will be incorporated into the project's LDP or LDP waiver which will be issued by Public Works. 10. Utilities: Potable water service is available to service the project, and the required connection has been approved by the county Utilities Services Department. County wastewater service is not available to the project at this time. The use of on-site septic systems has been approved by the county Utility Services Department and the county Health Department. The final design of the water service system will be reviewed through the project's land development permit (LDP) or LDP waiver process. 11. Dedications & Improvements: The Public Works Department has identified a Murphy Act Deed Right -of -Way Reservation along the site's northern boundary which is adjacent to 8' Street. The right-of-way reservation extends approximately 45' onto the northern portion of the subject site, at a point approximately one-third the length of the project's entry ma&cul-de-sac. The only improvements proposed within the reservation area are roadway and drainage improvements, which are allowed within the reservation area. Although not a technical requirement, the Public Works Director recommends that the applicant obtain a Murphy Act Deed Right -of -Way Reservation release prior to final plat approval. Public Works recommends that the applicant apply to the state for such a release because none of the Murphy Act Deed Reservation area is needed for fu tm P Street improvements due to the intervening Indian River Farms canal. 12. Recreation Issues: Pursuant to section 915.19(1), no recreation area is required for this PD since it contains fewer than 60 units. The issue of adjacent property owners use of the lake is not an issue that can be addressed via the PD process. That is an issue between private property owners. However, it should be noted that the developer intends to allow owners of properties that abut the lake to participate in some form of a private property owners association that would involve participation in maintenance costs and rights to use the lake. 13. Environmental Issues: Uplands: Since the site is greater than 5 acres in area, the native upland set-aside requirements of section 929.05 apply. Environmental planning staff has identified native upland habitat communities in the northern portion of the subject site. Therefore, prior to the issuance of a LDP or LDP waiver the applicant shall either take measures to preserve the upland habitat communities or pay a fee -in -lieu of preservation. The applicant has indicated a fee -in -lieu of preservation will be paid to alleviate the need to establish a preservation easement. Wetland: No jurisdictional wetlands have been identified on the site, although the lake is classified as an open body wetland by county environmental planning staff. However, because no changes to the lake are proposed, no wetland requirements apply. Nuisance Exotic Vegetation: The perimeter of the project is lined with Australian pines, while the interior of the site is relatively free of Australian pines and other exotic vegetation. Normally, as a condition of a project's land cleating permit. all nuisance exotic vegetation must be removed from the site. The applicant is proposing to remove all nuisance exotic vegetation within the interior of the development area. It is the applicant's position, however, that the Australian pines along the perimeter of the lake can be accessed only from adjacent property. Furthermore, it is also the applicant's position that removal of the Australian pines along the west boundary of the site could result in damage to native trees, and that portions of the Australian pines straddle the property line. As allowed through the PD process, the applicant is requesting a waiver from the requirement to remove the existing Australian pines along the entire length of the western boundary of the project and those located between the lake and the south and east boundaries of the site. In essence, the developer intends to leave as is the portion of the overall site that surrounds and includes the lake. In staff's opinion, the requestedwaiver is justifiable due to the unique circumstances of the site. In regard to the Australian pines along the west property line. staff agrees that portions of the pines are not on the subject site and legally could be cleared only up to the property line, resulting in removal of merely a portion of the pines. Furthermore, clearing those pines would adversely impact some existing native trees that are growing nearby. In regard to the Australian pines that line the east and south sides of the lake anTare located within a narrow strip of land, staff agrees that those SEPTEMBER 1, 1998 0 is