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In addition to the conserved uplands set-aside in the common Preservation Tract, 10 -foot rear yard conservation easements, with a combined area totaling approximately 0.64 acres, were established on 22 of 34 individual lots via the subdivision plat (see attached plats). Due to the narrow width of the rear yard easements, coupled with typical back yard residential use on the lots, there is currently little or no upland habitat in the subject lot easements. Revisions to Upland Set -Aside Requirements Indian River County initially adopted its native upland set-aside requirements in September 1990. At that time, native upland conservation areas were not required to be set-aside as common tracts and could be established as easements on private platted lots. Also at that time, there was no minimum dimension (e.g., 50' minimum width) specified for such easements. In 2006 (several years after Preservation Pointes was platted), the County revised its upland set-aside regulations to require that upland set -asides have horizontal dimensions of no less than 50 feet, and that such set -asides be conserved as common areas and not as easements on private platted lots. The reasons for those changes were that narrow strips (e.g., 10 -foot widths) have minimal upland preservation value, and that upland set -asides on common tracts are less susceptible to encroachments from residential back yard uses than easements on private lots, whether or not such encroachments are inadvertent or intentional. In addition to the POA's request for release of the 10 -foot conservation easements on the lots, the POA is requesting that the County release its conservation interest (only) in a 25 -foot "utility/conservation easement and 25 -foot PRD perimeter setback and 6 -foot opaque screening" area on lots along the northern boundary of Preservation Pointes. Specific to that easement, staff believes it is appropriate for the County to release its conservation interest (only) in the easement, but retain its interest in the easement pertaining to utilities, PRD perimeter setback and opaque screening. Since the common Preservation Tract referenced in this memorandum amply meets the county's upland set-aside requirements (i.e., 25% vs. a required 15%), and because the easements (and easement interest) requested for release have little or no conservation value, staff's position that the requested conservation easement releases would have no adverse impact to the public interest, to property within Preservation Pointes, or to adjacent properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the conservation easement interests described in the resolution. ATTACHMENTS 1. Map(s) depicting easements proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: March 24 2015 BY: QJ? LR Oounty App Date Ad in. Jf9i1� Legal t j -11- 1 S Budget (Lrj 31,E Dept. /4 Risk Mgr. --'- ease.bccmemo proj./appl. no. 92080040/73612 48