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Murphy Act Deed: A Murphy Act road reservation exists along the site's 41" Street frontage, affecting the northern 55' of the site. Some private project improvements are proposed within this 55' reservation area, including an equestrian/walking trail to be located along the north property line of the site.. Prior to the issuance of an LDP or LDP waiver, either the Murphy Act Deed must be released or the PD plan must be revised to relocate improvements outside of the Murphy Deed reservation area. Roadway, Drainage, Utility and Easement: It will be the responsibility of the property owners to maintain these improvements. 13. Concurrency: The applicant has obtained a conditional concurrency certificate which satisfies concurrency requirements related to the special exception use and preliminary PD plan/plat requests. Therefore, all concurrency requirements related to special exception use and preliminary PD plan/plat approval have been satisfied. 14. Buffers and Setbacks: Given that the surrounding area is presently used for and is designated for agricultural purposes, no special buffering is required. Since the A-1 district 30' setbacks exceed the 25' planned development perimeter setback, the 30' A-1 district setback will control. Therefore, no special setbacks are requested, and none will apply to this PrejecL 15. Caribbean Fruit Fly Host Plant: The county Comprehensive Plan requires that Caribbean fruit fly host plants be prohibited within PDs in agricultural areas. The applicant has indicated that he has no objection to creating a restriction that would prohibit host plants on the subject property. Such restrictions must be included in the project's covenants and restrictions, which will be reviewed at the time of final plat application. 16. Waivers: The only waiver being requested by the applicant relates to the provision of a roadway easement instead of the standard dedication of a separate road right-of-way. Planning staff does not object to the granting of this waiver. RECOMMENDATION: Based on the above analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners grant PD special exception use approval and the requested waiver, with the following conditions: 1. Prior to the issuance of a land development permit, the applicant shall obtain a release of the Murphy Act Deed Road Reservation along the northern edge of the site or revise the PD plan to relocate the proposed improvements outside the reservation area. 2. That prior to or via the final plat a restrictive covenant shall be established on the project site prohibiting Caribbean fruit fly host plants. Furthermore, as a PD special exception use condition, Caribbean fruit fly host plants are prohibited within the project area. ATTACHMENTS: 1. Application 2. Location Map 3. Preliminary PD Plan 4. LDR Excerpts 5. Land Use Policy 5.8 6. Planning and Zoning Commission Minutes from March 9, 2000 APRIL 49 2000 -51-