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I 0 -76 BOOK 108 FACE S� 1. The side setback for 65' wide lots is 5, and 7S' for 85' wide lots. 2. Setbacks for pools, patios and decks will be allowed and controlled as provided for in LDR section 911.15(2), which applies to standard single-family homes. 3. The applicant is requesting that the project road right-of-way widths be reduced to a minimum 24' with 17 wide utility easements on either side. This would form a 58' wide roadway and utility corridor along project roadways. Utilities and public works have no objection to this reduced right-of-way width waiver. 18. Jungle Trail: The proposed development has approximately 1,240' of frontage on Jungle Trail, a road which has been designated as scenic and historic and is recognized as a state greenway. The following issues relate to Jungle Trail: Jungle Trail Landscape Buffer. The county's adopted Jungle Trail Management Plan requires a planted buffer anytime property is cleared within 30' of Jungle Trail. Such a buffer is required for the project because the applicant will need to clear most of the area along the project's Jungle Trail frontage to remove nuisance exotic vegetation. The applicant has provided a conceptual landscape plan section for vegetation replacement and enhancement, and this plan is in compliance with the Jungle Trail Management Plan. Prior to issuance of a land development permit for the multi- family area, the developer shall submit a landscape plan that shows the final location of Jungle Trail buffer plant material, and shall obtain planning staff approval of the plan. Specifically, the proposed landscape plan must meet the following Jungle Trail Management Plan criteria: • The vegetation to be planted must be consistent with the suggested native plant list in the Management Plan. • The native plantings must be intermixed throughout the protected area to promote a natural appearance, and must provide a visual buffer a minimum of seven feet in height and 60% opacity continuous throughout the area, within two years of planting. • No single planted species shall comprise more than 20% of the plantings. • A minimum of 50016 of the planting area shall be covered with tree canopy at maturity. Jungle Trail Right -of -Way: Along this project's Jungle Trail frontage, there are two right-of-way alignments for Jungle Trail. There is the historic or western alignment which contains the existing, actual travelway. Also, the second right-of-way, located east of the existing alignment, was deeded from the subject property to the County in the mid-1980s. The deeding of additional right-of-way was the result of an agreement entered into between the Board of County Commissioners and Florida Land Company (a previous owner/developer) on June 6, 1984 to settle a lawsuit concerning riparian rights. Under the terms of the 1984 agreement, Florida Land Company was to dedicate (deed) the easterly alignment to the County and stabilize the shoreline along Jungle Trail. In turn, the county was to concede its riparian rights associated with Jungle Trail to Florida Land Company by deeding the existing alignment to Florida Land Company, and then re -aligning that portion of Jungle Trail into the easterly right-of- way. The county deeded the right-of-way to Florida Land Company, but Jungle Trail was never realigned because Florida Land Company breached the agreement by failing to escrow funds for the shoreline stabilization. Consequently, the Jungle Trail travelway may not presently be located in county right-of-way. The applicant is requesting, and the I3istoric Resource Advisory Committee and staff are recommending, that the Board of County Commissioners authorize the county and applicant to swap back right-of-ways that were deeded in 1984. This will generally undo the 1984 agreement. The applicant and the county could swap right- of-way giving the county clearer title to the actual travelway of Jungle Trail, and giving the applicant a contiguous project site east of the actual Jungle Trail travelway. The new deed would establish a right-of-way alignment which is slightly more landward than the alignment of the Jungle Trail maintenance map right-of-way which was subsequently deeded to Florida Land Company. The stabilization of Jungle Trail and the applicant's riparian rights will not be resolved with this authorization. Rather, the county is proposing to stabilize Jungle Trail, and the applicant can submit an application for waterfront structures (docks) at a later date APRIL 6, 1999 to try to establish myriparian rights. -68- C