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Home My WebLink About1989-0364/4/89(WGCORD)LEGAL(WGC/nhm) RESOLUTION NO. 89- 36 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A MANAGEMENT PLAN FOR JUNGLE TRAIL. WHEREAS, the Indian River County Scenic and Historic Roads Ordinance, Indian River County Code Sections 18-21 through 18-27, requires that, pursuant to Section 18-26, the Board of County Commissioners wlII adopt by resolution guidelines for the maintenance of the scenic and historic roads; and WHEREAS, Jungle Trail has been designated as a scenic and historic road; and WHEREAS, publicly advertised workshops for the development of a Jungle Traii Management Plan were held on January 13, 1989, February 10, 1989, and February 17, 1989; and WHEREAS, the Jungle Trail Management Plan was presented and approved by the Indian River County Planning and Zoning Commission on March 9, 1989; and WHEREAS, notice of a public hearing to consider the adoption by resolution of the Jungle Trail Management Plan was advertised in local newspapers on March 20, 1989; and WHEREAS, the Board of County Commissioners of Indian River County has met and held a public hearing to consider input by members of the public, staff, and all interested parties on this 11th day of April, 1989; and WHEREAS, the Board of County Commissioners of Indian River County has directed that such modifications as are appropriate, based on input at public hearing, be made to the Jungle Trail Management Plan, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1 t 4 S RESOLUTION NO. 89 S i 1.- The above recitals are ratified in their entirety. 2. The Jungle Trail Management Plan, as modified at public hearing, Is hereby adopted pursuant to Indian River County Ordinance Section18-26 as the guidelines for maintenance of the scenic and historic road known as Jungle Trail. The foregoing resolution was offered by Commissioner Scurlock__ and seconded by Commissioner Eggert —, and, being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Am Commissioner Richard N. Bird Ayp Commissioner Margaret C. Bowman Ay-e— Commissioner Don C. Scurlock, Jr. A,_e— The Chairman thereupon declared the resolution duly passed and adopted this 11th day of April, 1989. _ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: ijary eeTder 1,e4i r i5a n ATTEST ey: y _ - �. InQvi kle ;n Approved DaIa Admin. �S— Legal Budget AAAV Dep 1. Rlsk Mgr. A)TA, 2 Indian River County Hoard of County Commissioners Resolution No. 89-36 April 11, 1989 ■ 'y_ 1 3 A ss : £ J t! 3t i 7 INDIAN RIVER COUNTY JUNGLE TRAIL MANAGEMENT PLAN Indian River County Hoard of County Commissioners Resolution No. 89-36 April 11, 1989 ■ a i Jungle Trail Zoning (S. of 510) 2.2 MAP 3: Jungle Trail Zoning (N. of 510) 2.3 TABLE OF CONTENTS 4: Existing/Proposed Land Use Page 2.4 INTRODUCTION 5: Existing/Proposed Land - 1 2.5 EXISTING CONDITIONS/ISSUES 6: Vegetation in Protected Area 2 2.6 Description of Jungle Trail 7: Vegetation in Protected Area 2 2.7 Identification of Issues/Topics of Cgncern 2 General Areas of Shorelines THE PLAN; JUNGLE TRAIL MANAGEMENT GUIDELINES 3 The Protected Area 3 Travel -Way Maintenance 7 Litter 8 Shoreline Stabilization 9 Parking/Public Access 10 Alignment it Variances 13 JUNGLE TRAIL MANAGEMENT PLAN SUMMARY MATRIX 14 APPENDIX A: SCENIC AND HISTORICAL ROADS ORDINANCE (85-64) 17 APPENDIX B: APPROVED NATIVE PLANT LIST 21 MAPS/TABLES TABLE 1: Length of Jungle Trail MAP 1: Jungle Trail Location Map 2 2.1 MAP 2: Jungle Trail Zoning (S. of 510) 2.2 MAP 3: Jungle Trail Zoning (N. of 510) 2.3 MAP 4: Existing/Proposed Land Use (S. of 510) 2.4 MAP 5: Existing/Proposed Land Use (N. of 510) 2.5 MAP 6: Vegetation in Protected Area (S. of 510) 2.6 MAP 7: Vegetation in Protected Area (N. of 510) 2.7 MAP 8: General Areas of Shorelines Erosion 2.8 INTRODUCTION INDIAN RIVER COUNTY JUNGLE TRAIL MANAGEMENT PLAN Jungle Trail, located on the northern portion of Orchid Island (the barrier island) in Indian River County, extends approximately seven (7) miles from Old Winter Beach Road north to its intersection with State Road AIA. The trail meanders along the eastern shore of the Indian River Lagoon; citrus groves, wooded areas (of both native and non-native plant species) and residential developments exist adjacent to Jungle Trail at various locations along the route. According to native residents of the area, Jungle Trail was originally a foot path in the late 1800s. By the early 1900s the trail had been further cleared by property owners for the purpose of horse and buggy access. In 1920, St Lucie County declared a county road (which in- cludes what is now Jungle Trail) from the north county line to the one bridge existing at that time in Vero Beach. This county road opened up the whole of the barrier island for farming, production and marketing of the world-famous citrus, tourism, and a commer- cial and sports fishery. The road also provided a way to reach the Sebastian Inlet, a popular recreation area. By 1928, three bridges connected the county road to the mainland, providing a link with the railroad for the fast growing tourist and citrus -based economy. In 1941, the county road was given the designation of Peninsula Road by the State of Florida. Because of the jungle -like growth along the road through tropical hammocks, windbreaks rows of tall Australian pines, a thick assortment of native understory, climbing vines, and introduced "ornamentals", the local name, Jungle Trail, came into being. In the mid -1960x, when AIA opened to the Sebastian Inlet, the only segment of Jungle Trail still in its original alignment was the 7 -mile segment from the Winter Beach Bridge Road to the inter- section with AlA. Today, that segment still follows its original alignment. Land use along Jungle Trail has evolved over time from jungle -like coastal hammock areas to extensive citrus groves and scattered single-family residences; now, and in the near future, exclusive multi -family developments are being established adjacent to large extents of the trail. It is anticipated that residential development will eventually be adjacent to Jungle Trail for virtually its entire length. The Indian River County Comprehensive Plan adopted in 1982 (and thereafter amended) established Jungle Trail as a scenic and historical road. In 1985, the Board of County Commissioners adopted Ordinance No. 85-64, entitled "Scenic and Historical Roads," which sets forth objectives and general guidelines per- taining to roads identified as having scenic and historical significance. The objectives of the 1985 ordinance are: (1) To promote the safety and convenience of those members of the public traveling on scenic or historic roads; (2) To protect the natural and cultural heritage of historic or scenic roads and to enhance their resource value for enjoyment of future generations; (3) To protect the public interest in historic and scenic roads from activities, land uses, signs and the unneces- sary removal of native vegetation, which impair both the integrity of the road, its capacity for traffic, 'and its visual qualities; and -1- �FY 0 _T ♦ �' THti l � AZ M t � (4) To contribute to the environmental and historical appreciation of scenic and historic roads and the education of the residents and visitors. (Ord. No. 85-64) As development comes to Jungle Trail, so comes a diversity of 'ideas and concepts as to what constitutes the scenic and histor- ical aspects of the trail to be preserved (or enhanced), in meeting the intent of the referenced objectives. The purpose of this management plan is to establish specific guidelines for the maintenance, enhance}nent and protection of Jungle Trail. The plan is based on the County Scenic and Historic Road Ordinance, which provides that specific guidelines shall be implemented (as adopted by resolution) for the maintenance of scenic and historic roads. EXISTING CONDITIONS/ISSUES Description of Jungle Trail The approximately seven (7) miles of Jungle Trail generally can be divided into two (2) main segments: the portion south o ..C.R. 510 (Wabasso Beach Road), and the portion north of C.R. 510 extending to S.R. AlA. Jungle .Trail runs through the towns of Indian River Shores and Orchid as well as the unincorporated county. Table 1 summarizes the length of the trail found within each of these three municipal areas. TABLE 1 LENGTH OF JUNGLE TRAIL (miles) MUNICIPALITY WITHIN MUNICIPAL BOUNDARIES ADJACENT TO MUNICIPALITY Indian River County (unincorporated) 5.62 N/A Indian River Shores 0.90 N/A Town of Orchid 0.43 1.59 TOTAL 6.95 (2.61 S. of 510, 4.34 N. of 510) SOURCE: Indian River County Planning Division. Also, it is important to note that the Pelican Island National Wildlife Refuge compasses that portion of the Indian River Lagoon adjacent to approximately four (4) miles of Jungle Trail north of C.R. 510. As such, the U.S. Department of Interior, Fish and Wildlife Service is a fourth agency with jurisdiction and authori- ty to affect development along Jungle Trail. In order to determine the specific maintenance, enhancement, and/or protection needs of Jungle Trail, it is necessary to identify various existing conditions along the trail. Maps 1 through 8 illustrate the following areas and conditions along Jungle Trail: municipal boundaries; area of the County Maintenance Map; existing land use; existing zoning; areas commonly utilized for public recreation (fishing) and areas of shoreline erosion. Also depicted (generally) are areas of various existing vegetation (ie - citrus, hammock, Brazilian peppers, mangroves, etc.) Identification of Issues/Topics of Concern Through the review of existing conditions of Jungle Trail and consulting members of the private and public sector, several important issues relating to the management of the trail have been identified. Issues/topics of concern are: preservation and/or enhancement of the 30 foot protected area adjacent to Jungle Trail -2- 43 4 93 S ii E Incorporated Municipalities Jungle Trail South of.C.R. sio, area of County Maintenance Map ?' j ►r'�w�l h" - Jungle Trail North of C.R. 510 10 vjk C, V3 'A ORCHID 23 26 N JUNGLE TRAIL Location Map 318 Map 1 �•`\\ i 14 RM -6 A CITY, ZONING It ,AQ�o to MA 0.% Island AA Indian South SIMI iqn i C 124 131 1. JUNGLE TRAIL South of C.R. 510 -2.2- Map Nv, ttz OT iY- d M.1� , Black PoWk-0 Awa A XA mob Z I, PVC 344 sp" IN .1 Island 0Vim a ,w N N vx-• 3 Al ca 14 ON -its 0 is RMf VA POW '04 A 1pni lots" '46 two M. &(IEI South P E) s O 00 'aim...::: JUNGLE TRAIL North of C.R. 510 ZONING c R Map 3 0011.111. EXISTING / PROPOSED LAND USE ;hid Isis Growers r Indian Johns' a ; 1� • �� 02 ji o ,gyp 'l'• `.'•.S�• ,`� rdrilFlw . l + JUNGLE TRAIL South of C.R. 5.10 Map 4 - PLANNED RESIDENTIAL DEVELOPMENT (EXISTING) - PLANNED RESIDENTIAL DEVELOPMENT (PROPOSED) - AREA OF SINGLE FAMILY RESIDENCES CITRUS GROVES - COASTAL HAMMOCK ® r WETLANDS EMM - COMMERCIAL Indian Johns' a ; 1� • �� 02 ji o ,gyp 'l'• `.'•.S�• ,`� rdrilFlw . l + JUNGLE TRAIL South of C.R. 5.10 Map 4 00'. -.1, JUNGLE TRAIL North of C. R. 510 2 .EXISTING PROPOSED LAND USE PLANNED RESIDENTIAL DEVELOPMENT (EXISTING) PLANNED RESIDENTIAL DEVELOPMENT (PROPOSED) HEem_ AREA OF SINGLE FAMILY RESIDENCES 0"5, - CITRUS GROVES - COASTAL HAMMOCK WETLANDS COMMERCIAL -2.5- 0 c*A L Map 6 T 31 s 1325 5 O n z PAtE {y�1 • • y` u r IN:1ta • "`j VEGETATION IN PROTECTED AREA DEVELOPED/LANDSCAPED EXOTICS/NON—NATIVE — MANGROVE/NATIVE HAMMOCK ® — MIX: NATIVE/EXOTICS JUNGLE. TRAIL South of C.R. 510 -2.5- Map 8 VEGETATION AN PROTECTED AREA DEVELOPED/LANDSCAPED 4*04" ."EM f CITRUS EXOTICS/NON—NATIVE '* rM W.", OLD—FIELD AUSTRALIAN PINE CANOPY MANGROVE/NATZVE HANMOCK MIX: NATIVE/EXOTICS 9 10 Flaose vdwt Q, 124and 4 Mug Island PmeAsm mob 10 "?A r 41 A(Q is JUNGLE TRAIL North of C. R. 510 4 -2.7— 2 ........ .. Lot Map ? ., 0 jr life Rd Mlddl. "W') .? 11.6 Ouck P*4 4 Mug Island PmeAsm mob 10 "?A r 41 A(Q is JUNGLE TRAIL North of C. R. 510 4 -2.7— 2 ........ .. Lot Map ? ., 0 t • N ' y. ® GENERAL AREAS OF BARE SHORELINE A • ;:'�� •S EROSION PROBLEMS 4, \ •,• N CFAa (ALSO USED FOR T § •�xrty . .....•~. FISIIING ACCESS) 26 J%w mow aw ,* '� 11. .M..• Nom.. NNN CIRO �sR".. x•11 , d<<_ '.. oacl p �;'•. 9 36 T 31 5 if32 5 C] kill, c t JUNGLE TRAIL South of C.R. 510 Map 8 (as established by Ord. 85-64); travel -way maintenance; shoreline stabilization; litter control, parking and public access; trail alignment and nature of access (fe - pedestrian vs. vehicular); archeological sites; and education. These issues are defined and reviewed in more detail in the" management guidelines" portion of this plan. The manner in which these topics are addressed will determine the continued status of Jungle Trail as a scenic and historic road, and how it will be experienced by residents, visitors, and generations to come. Visions of what constitutes "scenic" and "historic," however, vary among the utilizers of Jungle Trail. While the County Scenic and Historic Roads Ordinance provides objectives and general guidelines, it has become evident through public discussion that there are conflicting opinions as to what steps should be taken to preserve the scenic and historic nature Of Jungle Trail. The management guidelines of this plan are established with consideration to public input and review of existing and proposed conditions along Jungle Trail. By establishing these specific guidelines, the management plan provides a standard for preserving the positive qualities of Jungle Trail, in conjunction with continued development growth. THE PLAN; JUNGLE TRAIL MANAGEMENT GUIDELINES The Protected Area The 1985 Scenic and Historical Road Ordinance sets forth a thirty (30) foot wide "protected area" on each side adjacent to the forty (40) foot travel -way of Jungle Trail. Characteristics of the protected area vary at any given location along the trail. Generally, there are four categories of existing conditions: (1) cleared and sodded land with landscaping associated with previous- ly established development; (2) citrus groves; (3) vegetated land dominated by exotic (non-native) plant species; and (4) vegetated land dominated by native plant species. Maps 6 and 7 depict the general location of these various conditions. Section 18-26 of the Scenic and Historical Roads Ordinance identifies five general guidelines to be incorporated in estab- lished management plans for scenic and historic roads (see Appen- dix A). Four of the five guidelines pertain to vegetation pro- tection within the protected area. While these general guidelines relate to all four objectives identified in the ordinance, the most applicable objective served by these vegetation protection guidelines is "to protect the public interest in historic and scenic roads from activities, land uses, signs and the unnecessary removal of native veaetatinn_ mh4nh 4-4 i...i. &u_ The terms "integrity of the road" and "visual qualities" are fairly subjective. That is, different individuals have different perceptions as to what is the "integrity" and "visual quality" to be preserved. The visual aspects of Jungle Trail have varied over the trail's history. It is evident from public discussions, however, that a desirable visual aspect of Jungle Trail is its "jungle - like" quality as viewed from the established travel -way. To refine the term, "jungle -like" is suggested to imply vegetated visual buffer from man-made structures. Additionally, there is a general concensus that a vegetated buffer of native plant species is preferred over exotic/non-native plant species. In fact, the objectives and guidelines of Ordinance No. 85-64 promote the protection of native plants and establishment of native plantings within the protected area. Another desirable visual aspect of Jungle Trail is the view of the Indian River Lagoon. Particularly, the southern portion of the trail meanders close to the shoreline and affords scenic -3- i S i vistas of the lagoon. Most of the existing Indian River views occur at sites already developed or where the shoreline has been eroded and is close to the trail. As such, preservation of existing 'native vegetation and encouragement to replace exotics with native plantings does not conflict with existing 'lagoon views, but helps to preserve some of the jungle -like quality of areas presently with buffer vegetation. Exotic/non-native vegetation along Jungle Trail consists Primarily of Brazilian pepper (Schinus terebinthifolius) and Australian pine (Casuarina Spp). Bot are cons ere evader" species in that they out -compete native; plants. Particularly, Brazilian pepper has taken over substantial stretches of the Protected area. While these shrubby trees do provide a dense visual buffer along the trail, they prevent the colonization of new native plant growth and threaten existing native vegetation. Australian pines are not as detrimental to the establishment of native vegetation as are Brazilian peppers. A study by the Florida Game and Fresh Water Fish Commission (FGC) regarding native plantings on spoil island reveals that mature Australian pines provide a valuable nurse crop for- the establishment of native seedlings. They apparently contribute to organic content of the soil/substrate, and also protect seedlings from winter --freezes and excessive summer heat. Another note on Australian pines, however, is their suscep- tibility *to toppling in strong winds. As such, tall, mature Australian pines adjacent to roadways and/or structures may be considered a potential safety hazard. Negative points acknowledged, Brazilian peppers and Australian pines do contribute to the jungle -like character of Jungle Trail, by providing a densely vegetated visual buffer. When these exotics are removed in large swaths, the jungle -like quality of the trail is lost. To promote the establishment of native vegetation and allow for the continuance of the jungle -like buffer, it is necessary that the native plantings of the cleared exotic areas be of a density to provide a visual buffer. Proximi- ty of the planted vegetation to the trail's travel -way is a factor as viewed from Jungle -Trail; plantings close to the trail provide more buffer from the standpoint of pedestrian and vehicular sight -line vision. Berming in conjunction with native plantings has potential to add to the visual buffer from structures as viewed from Jungle Trail. Properly designed, berms can increase the visual percep- tion of vegetation density, and therefore, jungle -likeness. Care must be taken, however, in evaluating the location, design, and extent of berming if it is to be allowed within the Jungle Trail Protected area. Berming does take away from the natural/historic contour of the area, and if designed poorly, could create drainage and/or erosion problems. Moreover, berming that threatens exist- ing native plants within the protected area should not be allowed, in that it conflicts with the objective of native vegetation preservation. The 1985 Scenic and Historic Roads Ordinance sets forth restrictions (Sec. 18-23) that prohibit the erection of structures or overhead utilities within the protected area, with specified exceptions (See Appendix A). Any structures or utilities pro- posed in the protected area that fall under the allowable excep- tion category shall require community development department and planning and zoning commission approval. Also, such utilities and structures shall be reviewed for compatability with the objectives of the 1985 ordinance, with fences of no more than fifty (50) percent opacity allowed only in the outer 10 feet of the protected area, provided no native vegetation is disturbed. Jungle Trail's proximity to the Indian River Lagoon makes it a location with good potential for archeological sites. Indian and/or prehistoric civilizations may have used various locations -4- along the trail as living areas. Indian mounds or prehistoric middens are terms given to locations where discarded shells and other artifacts can be found, representing frequently used living ureas of the past. The Florida Department of State, Division of Historical Resources has records of archeological sites within Indian River County. The information is general, however, and is not meant to be an all inclusive survey of existing archeological sites. Subsequently, as portion of Jungle Trail develop, new sites not presently recognized could be discovered. In conjunction with applications to alter Jungle Trail or the adjacent protected area, the project location shall be reviewed for the potential existence of archeological sites. In areas suspected by County staff (in coordination with the Indian River County Historical Society) of having these sites, the applicant shall be required to contact the State Division of Historical Resources and provide verification that the proposed project or alteration will not be detrimental to the archeological value of the site. The following restrictions and guidelines shall apply to the Jungle Trail protected area; any violation of these restrictions and guidelines shall be illegal and subject to penalties as provided for by law. 1) No vegetation (native or non-native) alteration or distur- bance, erection of structures, or filling shall occur within the protected area, except as permitted upon. the reco- mmendation of the community development department and approval of the county planning and zoning commission, in accordance with the restrictions and guidelines established herein. 2) All existing native vegetation shall be preserved, with the following exceptions: native vegetation that is dead or damaged beyond repair (as verified by the county urban forester); native vegetation which is a traffic sight -line safety hazard; native vegetation which impedes county ap- proved vehicular or pedestrian access; or invasive native vegetation (ie - Turk's Cap) in areas where it is detri- mental to more desirable native plant growth. 3) Australian pines (Casuarina spm,) with a diameter at breast height (dbh) of 8 inches or more shall be preserved within theprotected area, provided that such Casuarina may be topped for safety purposes, as approved by the county urban forester. Thinning of Australian pine stands shall be permitted, requiring county urban forester approval, when such tree stands are determined as interfering with the maintenance or establishment of native vegetation. 4) Brazilian pepper (Schinus terebinthifolius) of any size, Australian pines (Casuarina spp.) under 8 inches dbh, and Turk's Cap in areas of Turk's Cap inundation are encouraged to be removed from the protected area with the following con- ditions: a. Areas of Schinus, Casuarina, or Turk's Cap removal shall be planted with native vegetation from the suggested native plant list (See Appendix B). Alternate native plant species may be selected upon approval by the county environmental planner and the planning and zoning commission. b. An application to remove exotic vegetation from the protected area shall have detail to depict: 1) existing vegetation including number or areal extent, size and type of all vegetation proposed for removal; and 2) proposed native plantings, including number or areal extent, size, type, density, and location. Applications shall be 57Z N, ......................... ......................... reviewed to ensure that existing rare, threatened or endangered native plant species will be protect- ed, as applicable. C. The native plantings shall be intermixed thrdughout the cleared protected area to promote a natural appearance, as viewed from Jungle Trail. Plantings shall be installed to establish a dense visual buffer based on plant species growth characteris- tics. The planting area shall be designed to provide a visual buffer of a minimum of 7 feet in height above Jungle Trail's travel -way grade and Woughout 60% opacity, continuous the length of the planted area, within two years of the time of planting. The intent of the planting area design shall be to provide a continuous visual buffer, at a density to present a jungle -like appearance. The entire 30 foot width of the cleared protected area shall be utilized in meeting the density require ment. d. Plant diversity within the' planted area is en- couraged. To ensure plant diversity, no single native plant species shall comprise greater than 20% areal coverage of the total area of introduced plantings. e. A minimum of 50% of the introduced planting area shall be covered under tree canopy at trees* maturity. f All introduced plantings shall be installed and maintained using accepted horticultural practices, soil amendments, and irrigation practices to ensure establishment. once the introduced plantings are established, irrigation may be discontinued or operated only as necessary to acclimate the plantings to natural conditions. 9. No introduced native vegetation within the protect- ed area shall be altered, pruned, hedged, topped, or damaged, except as may be permitted to maintain the 60% opacity vegetation density. The removal of naturally occurring dead or damaged vegetation is allowed. h. Approved planting shall be completed within six months following native planting approval. 5) Berming shall not be allowed in the protected area. However, in areas invaded with Schinus or Turk's Cap where removal of the exotic will result in the removal of all vegetation in the area, berming may be allowed only within the outer 10 feet of the protected area, if approved by the planning and zoning commission, provided that: the berm is in conjunction with native plantings described herein; the berm is designed to provide a transition to the adjacent property; and a cross-section plan view is submitted along with the vege- tation removal /replanting application. The berm shall be designed to minimize adverse erosion and drainage impacts, subject to review and approval by county engineering staff. 6) No person shall engage in the following activities: a. The erection of structures or construction improvements within the protected area, with the exception of: (1) Roads approved by the county commission and permit- ted by the county engineer which traverse the protected area. -6- ii i (2) Fences which have an opacity of not more than fifty (50) per cent when viewed along a line of sight perpendicular to the fence. Such fences may only be allowed in the outer 10 feet of the protected area, provided no native vegetation is disturbed in conjunction with fence installation. (3) Traffic -control devices. (4) Docks and non -impervious walkways. (5) Piers. (6) Real estate for sale, lease or rental signs, in accordance with the criteria setforth in Sec. 25(0)(4)(b)(viii) of the County Sign Ordinance. b. The placement of overhead utilities within the protected area, except that: (1) Utility drops may be installed to previously existing buildings within the protected area. (2) Primary electrical transmission lines carrying twenty-five thousand (25,000) volts or more may be exempted from this restriction by the county commission after site plan approval when such transmission lines propose to cross the protected area perpendicular to the scenic road. (3) Utility lines carrying less than twenty-five thousand (25,000) volts shall be installed under- ground. The installation of transformers shall be allowed when land-scaped to prevent view from the road when servicing new development from under- ground electrical transmission lines. 7) In areas of proposed alteration in the protected area, where archeological sites are suspected by county planning staff (in coordination with the Indian River County Historical Society), the applicant shall be required to contact the State Division of Historical Resources and provide verifica- tion that the proposed project or alteration will not be detrimental to the archeological value of the site. 8) Lighting in the protected area and travel -way shall be limited to lighting for safety and traffic purposes only, as approved by the County Public Works and Planning Departments. Illumination of the protected area or travel -way from affixed lighting directed toward Jungle Trail from adjacent property shall be prohibited. Travel -Way Maintenance Although the county has filed a forty foot maintenance map for Jungle Trail south of C.R. 510, the actual width of the traveled way for the entire trail ranges from eight to sixteen feet. In some areas, the traveled way extends out of the mainte- nance easement and encroaches on private property. This has occurred on some portions of the trail where shoreline erosion has forced the grader operator to avoid the eroding west side of the trail and push the roadway eastward. The erosion problem is exacerbated by the lack of controlled drainage along the trail and the lower elevation of the roadway, itself - only 3 to 4 feet MSL in most places. Unpaved but improved, Jungle county. That maintenance primarily and occasionally adding fill to the no set maintenance schedule for the in the rainy season than during the -7- Trail is maintained by the involves grading the roadway traveled way. While there is trail, it is graded more often dry season. As the number of p lF ' unpaved roads maintained by the county on the barrier island has decreased, the cost to grade the trail has escalated. Currently, the portion of the trail south of 510 is much more heavily traveled than the northern portion. The southern segment serves as access for some residents, accommodates fishermen and other recreational users of the trail, provides a travel -way for sightseers, and is used to some extent as a grove service road. The northern part of Jungle Trail also provides some access for residents, public driving access for active and passive recreation Purposes, and is used extensively as a grove service road. It is anticipated, however, that utilization of the road will change substantially in the future. While the county has au- thorized closing the trail to vehicular traffic through the Polo Club site, other factors will also influence trail traffic. On the northern part of the trail, most of the grove traffic will be eliminated as a result of development. Just the Polo Club and the Town of Orchid will, themselves, will remove hundreds of acres of active citrus groves; other developments being planned in that area will remove even more. On the southern trail, traffic may actually increase due to the attraction of the area as a scenic road. None of the developments bordering the trail, however, will use the roadway for access when alternate roadway access is available. Although paving of the travel -way has been proposed as a way to reduce roadway maintenance cost, that option does not appear feasible. Not only would the present elevation of the roadway require substantial fill, but paving would also necessitate drainage improvements to accommodate road runoff. Both of those factors would affect the appearance of the trail and its buffer area. Besides the construction, itself, stormwater requirements by the water management district might even require the con- struction of even more drainage improvements if paving were to occur. Even though paving of the trail is not a viable option, various activities can be undertaken to enhance the travel -way. While some activities affecting the travel -way relate to shoreline stabilization and erosion control, others relate to specific roadway maintenance. For the roadway, an established grading program and a specific grading plan is needed. The County will undertake the following actions: Install visible markers denoting the limits of the trail maintenance easement. These markers should be visible but nonintrusive. They also may be used as constraints for the grader operator. Grade the trail on a regular basis - at least once every six (6) weeks. Grading should be done more often if necessary. Inspect the traveled way at least once a month. The public works department will conduct an engineering inspection of the trail at least once a month. Based upon that inspection, the public works department will undertake any additional maintenance activities which are necessary. Litter One of the more obvious problems which has occurred along Jungle Trail is littering. As a result of the public use of the trail, trash and debris have been deposited in the buffer area adjacent to the travel -way. In fact, trash can be observed at many points along the trail. This problem is particularly evident along the more frequented portion of the trail - that section south of C.R. 510. -8- v While litter problems in some areas of the county result primarily from illegal dumping, the Jungle Trail problem is different. Trash and litter along Jungle Trail is mostly the debris from users of the trail. Much of this trash consists of be cans, discarded bottles, paper products, and the' like. Consequently, action is needed to improve the appearance of the area.. This action must be a combination of regulation, enforce- ment, minor improvements, and regular litter patrols. Specifical- ly,_the County must install "no littering" signs and trash recep- tacles, patrol the trail on a regular basis, and assign personnel to remove discarded trash. The following actions will be taken by Indian River County: f' ° Install "no littering" signs along Jungle Trial by October, 1989. Signs will be posted at the following points: Jungle Trail at Old -Winter Beach Road, Jungle Trail at C.R. 510, and Jungle Trail at S.R. AIA, and areas of public parking/river access. ° Install trash receptacles along Jungle Trail by October, 1989. Trash receptacles will be installed along the trail at areas of public parking/river access. ° Encourage more sheriff's patrol of the trail to reduce littering. The sheriff is encouraged to patrol Jungle Trail on a.regular basis with emphasis on litter enforcement. ° Provide staff to remove trash and debris. The public works department will send a trash removal crew to Jungle Trail at least once every two weeks. Shoreline Stabilization One of the most pressing problems with the southern portion of Jungle Trail is shoreline erosion. On several spots along the trail, erosion has occured and is increasing. This erosion has progressed to the point in several spots that it threatens the integrity of the trail, itself. Shoreline erosion and its impact on the traveled -way appears to be the main reason why the grading of the trail has removed the roadway eastward, encroaching on private property and reducing the effective buffer area. At one spot along the trail, the erosion has been addressed by construction of a vertical seawall. Although this seawall at the Sea Oaks site was initially constructed a number of years ago, it was rebuilt in 1985 under a state permit. Since then, rip -rap has been added seaward of the wall. State regulations, however, recognize the ineffectiveness of seawalls and therefore prohibit their construction as an erosion control technique. Erosion along the trail is caused by two principal factors. First, the loss of natural shoreline vegetation has eliminated a stabilizing influence on the shoreline. For that reason, erosion is more predominant at those points where the mangrove fringe does not exist. The second cause of erosion is the wave action pro- duced by boats traveling in the Intracoastal Waterway. Because the channel comes close to Jungle Trail, the wave action has a significant influence on the shoreline abutting Jungle Trail. To protect the integrity of the trail, erosion of the shoreline must be stopped. At the least, this involves stabilizing the shoreline. Such stabilization should consist of installing rip -rap and shoreline plantings to dissipate the waves striking the shore and eroding the bank. Although the county already has a state permit to undertake shoreline stabilization of one spot along the trail, an issue is whether the county should undertake the work or delay action until the developer of the property for which the permit was issued does the work in conjunction with second phase of an approved project for the subject site. -9- F � . ✓ + ,`'. i s To, protect the trail, the county needs to use its state permit and do the shoreline stabilization work. This will reduce the erosion that is threatening the trail. In conjunction with the stabi- lization work, the county should pursue legal alternatives for either obtaining the stabilized property or obtaining a contribu- tion from the property owner to partially compensate for the cost of the work. Since erosion is also a problem on other parts of the trail, a detailed strategy must be developed to identify all erosion areas and to stabilize the shoreline in these areas. This should be done by the county public works departmept, in conjunction with county planning staff. The county will take the following actions: ° Complete stabilization of the "Coralstone" site by December, 1989. This work should be consistent with the existing state permit for erosion control work on the subject property. ° Research legal means of obtaining county control of the stabilized property or obtaining'a financial commitment of the property owner to compensate for the work ex- pense. This research should be undertaken by the County Attorney's department and completed prior to initiation of the stabilization work. ° Prepare an erosion assessment and stabilization plan by December, 1990. This should be undertaken by the county public works department in conjunction with planning staff and focus on the entire length of Jungle Trail. The erosion and stabilization plan shall include eval- uation of stabilization project designs for appropriate- ness to the specific conditions of Jungle Trail. ° Establish regulations requiring that projects having dock facilities adjacent to the trail be responsible for shoreline stabilization of their site. The planning department should draft such regulations and submit them for approval by October, 1989. ° Prohibit the removal of vegetation on the west side of Jungle Trail that contributes to shoreline stabi- lization, as determined by the county environmental planner. However, removal of non-native stabilizing vegetation may be allowed when alternate stabilization methods are implemented concurrently with non-native plant removal. Parking/Public Access Historically, Jungle Trail has provided significant recreational benefits for county residents. With its proximity to the Indian River Lagoon, the southern portion of the trail has served as a fishing and lagoon access area. Since the trail abuts the lagoon in many places, people can fish the lagoon from the edge of the traveled way. Recently, some people have even created a ramp off the trail where they can launch boats or put in jet skis. The northern portion of the trail also provides passive recreation to the driving public, especially along the borders of the National Wildlife Refuge. Although the trail provides substantial recreational benefits and river access, there are detrimental aspects of this recreational use. With no defined parking areas along the trail, cars park either on the traveled way or in the buffer area. Parking on the traveled way can cause safety problems, while parking in the buffer area can damage vegetation. While damaging vegetation in the buffer is not currently a major problem, this could be a problem if the buffer were replanted with native vegetation. -10- r � t IN xz .Probably the most detrimental aspect of public access from and Parking on the trail is the vandalism. Some of the users of the trail have vandalized property along the trail, damaged shoreline vegetation, and discarded trash and debris. Since almost all the property between the trail and the river is privately owned, the fishermen and others using the trail for public access regularly trespass on private property. This will become even more of a problem in the future as exclusive residential developments are constructed along the trail. Public access that has occurred overtime between the trail and river may eventually be considered a prescriptive right, but this has not yet been determined. With the retention of Jungle Trail as a historic and scenic road available to the public for travel, it is also desirable to retain at least some of the lagoon access and other recreational benefits currently provided by the trail. Maintaining or enhancing these recreational opportunities, however, will require eliminating the adverse impacts of this recreational use on property surrounding the trail. Probably the most effective way to accomplish these objectives is to prohibit parking along the trail or in the buffer, enforce this prohibition, and acquire areas suitable for parking off of the trail. This will involve county acquisition of parking areas off the trail, and enforcement of parking prohi- bitions on the trail. The county will take the following actions: ° Acquire/expand by June, 1990 areas suitable for parking to provide Jungle Trail access. Areas to be considered include (but are not limited to) the old bridgehead site, already owned by the county; the old North Beach water plant; and property on C.R. 510, close to Jungle Trail. ° Improve (by December, 1990) for parking the areas refer- enced above. Improvements should include parking for at least ten vehicles and should be designed to minimize adverse environmental impact. ° Acquire by June, 1990 at least two public access sites along the southern portion of Jungle Trail. ° Improve by December, 1990 the sites referenced above. Improvements should include unobtrusive signage des- ignating the sites as public access locations, and fishing or observation platforms should be constructed on these sites. ° Actively support the Pelican Island National Wildlife Refuge's efforts to obtain funding for the development of a public viewing access on the northern segment of Jungle Trail. ° Coordinate with Moon River and Windsor Polo Club regard- ing public parking/access in conjunction with develop- ment design. ° Install "no parking" signs at the entrances to the trail by June, 1990. Signs should also be located in areas currently used for parking by the public. ° Coordinate with law enforcement departments to enforce the trail parking prohibition and speed limits. Allow- ances shall be made for the temporary parking of citrus grove service vehicles along the trail, only as neces- sary for grove operation, provided such vehicles do not prevent through traffic or damage protected area native vegetation. Aligtunent Although Jungle Trail has been in its present alignment for over sixty years, its legal status is still uncertain. While the county filed a maintenance map for the southern portion of the -11- �z r i Trail in 1976, no such legal document has been recorded for the northern portion of the trail. Despite the lack of a filed maintenance map for the north trail, however, the county appears to have control over the roadway because of the county's mainte- nance of the traveled way. The northern portion of the trail is characterized by sharp turns and sight distance problems in several areas. With more develop- ment programmed for the area and use of the trail for recreational purposes expected to increase, traffic on the road may rise in the future. For those reasons, it may be necessary to make minor alignment modifications to enhance the safety of the trail. In addition, there may be proposals to slightly realign the trail in some spots to accommodate a proposed development project for which realign- ment has been proposed. There appears to be no need to address realignment of the southern portion of the trail. Because of existing adjacent development and existence of a legally constituted maintenance right-of-way, the roadway's alignment is set. For the northern portion of the trail, however, it may be possible to allow realignment of the roadway in certain areas while enhancing safety, securing more protection from development,and maintaining the general scenic and historic characteristics of the trail. One activity currently being undertaken which complements those objectives is the Indian River County Historical Society's attempt to obtain national register designation for the entire length of Jungle Trail. The county will undertake the following activities: Actively support the historical society's efforts to obtain national register designation for the trail. Complete, by July 1989, the filing of a maintenance map for the northern portion of Jungle Trail. The public works department should continue its surveying efforts and file the necessary documents to establish a mainte- nance map of the north part of Jungle Trail. Make necessary alignment modifications to correct safety problems on Jungle Trail. Where the public works director identifies safety problems with the trail's alignment, the public works department will obtain a permit from the planning department to remove vegetation and realign the traveled way within the 40 foot'mainte- nance area to promote safety. This will be accomplished with the minimum alteration of natural conditions as possible. Provide a mechanism by which a landowner may request realignment of Jungle Trail. Any such realignment must be approved by the Board of County Commissioners, after the Board holds a public hearing on the realignment and receives a recommendation from the Planning and Zoning Commission. The following criteria are required for approval of a realignment request: ° The applicant must own or control property on both sides of that portion of the trail proposed for realignment; ° The basis for the realignment must be traffic safety related and/or enhancement of scenic quality, without jeopardizing historic integrity; ° The realignment must maintain the continuity of the trail; ° The new alignment shall be dedicated to the county fee simple or as a right-of-way and conservation easement, -12- ti f and the roadway will be reestablished within this alignment; ° The protected area adjacent to the new alignment must meet all conditions of the protected area section of this management plan; and ° The realignment shall not adversely affect the historic character of Jungle Trail as a whole. County planning staff shall coordinate with the Indian River County Historical Society, the Department of State, Bureau of Historic Preservation, and the Florida Native Plant Society, and report to the applicable reviewing commis- sion to provide information for the finding determina- tion. Variances Section 18-27 of the 1985 Scenic and Historical Ordinance sets forth provisions for variances from the terms of scenic and historic road guidelines. Variances may be granted that " will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions [of this article) would result in unnecessary and undue hardship." The variance procedures setforth in Section 18-27 of the County Scenic and Historical Road Ordinance (No. 85-64) shall apply to guidelines established herein for Jungle Trail (see Appendix A). -13- ) 0 .■ �_ \\ \\ \\ \ |.\| ■ . � | � \ ■ 3■F I � \• . - \.�� ) 0 .■ �_ \\ \\ \\ \ .w.a.v . -«� - § a| \\ - � § - - ■ . � .� � . _ - / | | - ;| -16- ` ', y . {+i i �Xl1 t, t APPENDIX A: SCENIC AND HISTORICAL ROADS ORDINANCE NO. 85-64 -18- '�o k{i� - - `- { ARTICLE II SCENIC AND HISTORICAL ROADSt Sec. 18.21. Deflation. For the purposes of this article, the following words &hall have the meanings indicated unless their context clearly requires oWeersiee: County commission shall mean the board of county commis• sioners of Indian River County, Florida. Planning and zoning commission shall mean the planning and zoning commission of Indian River County, Florida. Proheted area shall mean and refer to the area thirty (30) feet parallel to and abutting the right-of-way lines on any historic or manic road as set forth in the comprehensive plan of Indian River County. Structures shall ;can all buildings or other products of con- struction; provided, however, that the following shall not be deemed structures for purposes of this article: (1) Roads approved by the county commission and permitted by the county engineer which traverse the protected area. (2)• Feecss which have'an opacity of not more than fifty (50) , per dint when viewed along a line of eight perpendicular to „ the fence. ti (3) Street lights. (4) T ra le-cantral devices. ` (5) Dodo and walkways. (e) Piers. (7) Ouidoor advertising signs no larger than seven and one- half square feet limited to advertisiag saeidential devel• opments or homes on lots ar parcels immediately adjacent to the roadway. (Ord. No. 85-64,6 1,7-24435) . See. 18.22. Objectives. The objectives of this article are: (1) To promote the safety and convenience of those members of the public traveling on aconic or historic roads. (2) To protect the natural and cultural heritage of historic or scenic roads and to enhance their resource value for en- i joyment of futum generations. (3) To protect the public interest in historic and scenic roads from activities. land uses, signs and the unnecessary re- moval of native vegetation, which impair both the integ- rity of the road, its capacity for traffic, and its visual, qualities. (4) To contribute to the environmental and historical appreci- &tion of scenic and historic roads and the education of the residents and visitors. (Ord. No. 85-64,12.7.24.86) Seo. 18.23. Restrictions. It shall be illegal and subject to the penalties provided herein for any person to engage in any of the following activities with. out prior authorization it+om the planning and zoning commission: (1) The erection of structures within the protected area as defined in this article. -18- t (2) 'roe Placement of overhead utilities within the protected Brea, ><cept thak W Utility drops may be metalled to peevionsly existing buildings within the protected new, (b) Primary slectrlcel trammission linea a h7log twenty. five thousand (26,000) volts or mors may be exempted from this restriction by the county commission atter site plan approval when such transmission lines pro- Paso to crass the protected area perpendicular to the scenic read. (c) Utility lines carrying less than twentrAve thousand (26,000) volts shall be installed underground. The in. "Won of transformers shall be allowed when land. - peeped to prevent view ft^om the road when servicing new development from underground electrical trans- mission liras. (Ord. No. 85414.13.7-2445) Sec. 18.24. Rule and regulations The county commisabn may Brom time to time adopt rules and regulations by resolution setting forth epecitic restrictions for the PMR" of preserving so mid and histcrfe roads. Bob restriction may relate to but shall not be limited to the homing topics: (1) Providing for the placement of informational signs desig. noting scenic and historic reads and providing historical information to members of the public. (2) Providing special rules and regulations for the preserve - tion and maintenance of the roads with the intent to pro- test and ephance their scenic quality. (Ord. No. 85.64,11 4, 7.2466) Seo. 18-25., Use of protected area as required yard areae. The protected area defined by this article may be used to fulfill Vrequirements of the zoning code and land use plans of Indian er County pertaining to finest, side or back yard setbacks. (Ord. No. 86.84,1 6,,72466) Sec. 1858. Mmagement and p or somwo or historic roads. The public works division of Indian River County. the parks department and the community development division spall im• plement guidelines far maintenance of the scenic and historic Of �h�' commis cod shalinclu adopted by —ution of the board (1) The prohibition on clear cutting of vegetation in the pro- tested area except under circumstances where sight lines are obstructed and contribute to tra@Ic hazards, (2) Provide for the cutting of selective vegetation within the Protected area upon the recommendation of the.commu• pity development division and apprsvai of the county plan. •� ning and zoning commission. (3) Rules will be adopted to promote the estsblishment of Planting strips within the protected area to be comprised of native vegetation. (4) Provisions shall be established to provide adequate drain- age for the roadbed and surrounding propartice and a pro- gram of maintenance shall be established to assure the continued etfectiveneee,of the system. (5) Provisions shall be established for the selective removal of trees and other vegetation from the protected area when much are damaged beyond restoration. In all casae, all such activity will comply With. the Indian River County tree Protection ordinance. (Ord. No. 85640 4 8, 7.24.86) -19- f Seo. 18.27. Variances.` 7U Indian River due public notice, fib► Planting and soniog comimisaion, after uuUr gent aach variances from the tej ma of this surtide as will not be eonhWW to the public interest when, opine to special conditions, a literal enfbr nwnt of the provi• stone of this article would result in unneogmu r and endue hard. ship. Poor to the aPPr►v ` of any variance tram the provisions of this article or the rules and regulations adopted hereunder, the Planning and son ng commission must find: (1) That sPeetal Conditions and cis cumslanees exist which are . Peculiar to the land, sterid ns, or building jinvolved and which ars not app&eble to other lands, structd es, or build• ings in the sauce Boning district. (S) That the special conditions and eieeunutenees do not re - suit Brom the actions of the applicant. (8) That granting the variance requested M11 not confer on the applicant any special privilege, that is denied by this article to other lands, buildings, or structures in the same " coning district. (4) That literal interpretation of the provisions of We article would deprive the applicant of rights commonly enjoyed by other properties abutting the same historic or scenic road Under the terms of this article and would work unneces• Bary and undue hardship on the applicant. (6) That the variance granted In the minimum variance that will make possible the reasonable use of the land, build- ing, or structure. (6) That the granting of the variates will be in harmony with the general intent and Purpose of this article and that such variance will not be injurious to the area involved or oth- erwise detrimental to the public wrolfare. In granting any variance, the planning and ming commission may Proscribe appropriate conditions and safeguards in aonfor• mity with the lads of Indian River Connty, this article and any rules and regulations adopted under this authority. Violation of such conditions and safeguards when made a part of the Lerma under which the variance is granted shall be deemed a violation Of this article. (Ord. No. 8544. 117, 7.24$6) -20- APPENDIX B: SUGGESTED NATIVE PLANT LIST -21- SES >Blaok;'lronwood Blolly Capers Fiddlewood Figs Gumbo Limbo Hollies Inkwood Jamaica Dogwood Lancewood Mahogany Mastic Oaks Palms Paradise Tree Pigeon Plum Redbay Seagrape Simpsons stopper (Twinberry) Soapberry Stoppers Sugarberry Torchwood Wax Myrtle Willow Bustic SHRUBS Beautyberry Capers Catclaw Christmas Berry Coffee Coral Bean Hackberry Inkberry Marlberry Myrsine Necklace Pod Saffron Plum Sabal palmetto Phoenix reclinata Rarstonea elata Cocos plumosa Cocos nucifera Acoelorrhaphe wrightii Serenoa repens 1 This list represents native plant species suggested for use in the Jungle Trail protected area. Other Florida native plant species may be used upon approval by the county environmental planner and the planning and zoning commission. -23- M .4t �N } COMMON NAME SCIENTIFIC NAME ' :5eagrape Tough:Bumelia Coccoloba uvifera t Wax. Myrtle Bume is tenax Myrica White -'Indigo Berry cer; era Randia_aculeata Wild, Lime Spanish Bayonet 2anthoxvlun fo ara Yucca aloifolia VINES Coral Honeysuckle Cross Vine Lonicera sempervirens Greenbrier Bignoni.a capreolata Trumpet VineCamp Smilax spp. Virginia Creeper s radicans Parthenocissus Wild Grape guinguefolia Vitus snp. WETLAND PLANTS/ TRANSITION PLANTS Buttonwood Leather fern Conocarpus erectus Mangroves, AcrosR hun danaeifoluim Black Aviceni na erminans Red Rhizonhora mangle White Salt Bushes Laguncularia' racemosa Saltgrass Baccharis s Cordgrasses D st chlis §Part Sea Oxeye Daisies na spp. Borichia sp . 1 This list represents native plant species suggested for use in the Jungle Trail protected area. Other Florida native plant species may be used upon approval by the county environmental planner and the planning and zoning commission. -23-