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0 12. Dedication and Improvements: • Ri,;ht-of-GVay : Because a sub -lateral canal is located between 5" Street S.W. and the subject site, no additional 5" Street S.W. right-of-way is required from the site. • Sidewalks: The previously described internal project sidewalks will be located within private right-of-way and common areas and will be owned and maintained by a private property owners association. • Street Lights: Streetlights will be provided at all street entrances, intersections, and curves and will be owned and maintained by a private property owners association. • Stormwater and Recreation Tracts: Stormwater tracts and easements, and recreation tracts will be the responsibility of a private property owners association. • Murphy Act Easement: There is a Murphy Act Easement which covers a portion of the site's north end, by 5`h Street S.W. Since the County does not want to acquire any 5`h Street S.W. right-of-way from the site, the easement will not affect the proposed design. Because the Murphy Act Easement does cover an area proposed for green space and lots, the easement will need to be released prior to issuance of an LDP. 13. Environmental Issues: • Wetlands: Environmental planning staff has confirmed that there are no wetlands on the site, Therefore, no wetlands regulations apply. • Native Upland Setaside: Since the site is over 5 acres and contains native uplands, the native upland setaside regulations apply to this site. A large portion of the site is native upland habitat, with the southern portion and the eastern 1/3 of the site of the project containing upland habitat. The applicant proposes to establish a conservation easement over the south 70' of the site to satisfy a Portion of the setaside requirement. The remaining portion of the requirement will need to be met through fee -in -lieu of preservation. The fee will need to be paid prior to the issuance of an LDP, while the conservation easement will be established via the final plat. • Tree Preservation: The developer has identified certain lots that will have restricted footprints in order to preserve trees. The lots with restricted footprints will include lots 1, 23 31 41 6, 13, 14, 15, 23, 24, 34, 56, and 103. As a condition of approval, the footprint on these lots will be restricted as depicted on the preliminary plat to provide tree preservation for these lots. The requested lot size and setback reductions will allow for increased buffer and common area tracts, and restricted building footprint areas, which will provide for increased tree preservation on the project site. 14: Waivers: The PD plan proposes to reduce the minimum lot size from 12,000 square feet to 9,100 square feet. The PD plan also proposes a reduction in the minimum lot width from SO' to 70', minimum right-of-way width from 50' to 40', front yard setbacks from 25' to 20', and side yard setbacks width from 15' to 3'. The requested waivers are mitigated by the proposed buffers, conservation tract, increased minimum open space, common recreational amenities, increased tree preservation and a pedestrian system inter -connected with the adjacent developments. It should be noted that the land use for the site is L-2, which allows up to 6 units/acre; however, the subject and surrounding residential sites are all zoned RS -3 (up to 3 units/acre). November 13, 2001 61