ORDINANCE NO. 17-31 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 268 MULTI-FAMILY RESIDENTIAL DWELLING UNITS OR 156 SINGLE FAMILY RESIDENTIAL DWELLING UNITS OR ANY COMBINATION OF DWELLING UNIT TYPES PERMITTED IN THE PUD, NOT TO EXCEED A TRIP CAP OF 157 P.M. PEAK HOUR TWO-WAY TRIPS. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COUNTY BARN ROAD, APPROXIMATELY ONE QUARTER MILE SOUTH OF DA VIS BOULEVARD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 38.59± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, and R. Bruce Anderson, Esq., representing Jaxe, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: [16-CPS-01606/133925811]74 rev. 6/6/ 17 County Barn Road RPUD PUDZ-PL20160001398 Page 1
SECTION ONE: The zoning classification of the herein described real property located in Section 8, Township 50, Range 26, Collier County, Florida, is changed from an Estates (E) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as the County Barn Road RPUD, to allow construction of a maximum of 268 multi-family or 156 single family residential dwelling units or any combination of dwelling unit types permitted in the PUD, not to exceed a trip count of 157 p.m. peak hour two-way trips, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majonty vote of the Board of County Commissioners of Collier County, Florida, this ~ 7 ~ day of j VA~, 201 7. ATTEST:.,.~t;1 DWIGHI -$ ~BR0~~ _,CLERK '. ""'... ~. ~,.. ;-.,.t as to Champafi ~eputy Clerk signatur.,e only... ~ ' ' - form and legality: BOARD OF COUNTY COMMISSIONERS COLLIERt9'1:5TY, FLORIDA. By:~~ PennYTuYIO:a;rm; L- one Assistant County Attorney Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Permitted Uses Development Standards Master Plan Legal Description Requested Deviations from LDC Developer Commitments [16-CPS-01606/1339258/ 1]74 rev. 6/6/ 17 County Barn Road RPUD PUDZ-PL20160001398 Page 2 This ordinance filed wtth the Sec~y of State '~ OHic~ the ~ day of ~ ac::., -~llond ocknowledge~ent~v;"ot flliyived thos l- dcy of By ~d~ 0. -
EXHIBIT A FOR Regulations for development of the County Barn Road RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 268 multi-family residential dwelling units or 156 single family residential dwelling units or any combination of dwelling unit types permitted in the PUD, not to exceed the trip cap specified in Exhibit F, item 4.b, shall be permitted within the RPUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: RESIDENTIAL A. Principal Uses: Dwelling Units - Multi-family, townhouse, two family attached, zero lot line and singlefamily detached. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings. 2. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 3. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. AMENITY AREA A. Principal Uses: 1. Clubhouse with cafes, snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor/indoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and County Barn Road RPUD, PL20160001398 Pagel of 11 06/06/2017
basketball courts, fitness/spa, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features intended to serve residents and guests. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner. PRESERVE A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive uses, as per LDC requirements. 4. Water management as allowed by the LDC. County Barn Road RPUD, PL20160001398 Page 2 of 11 06/06/2017
EXHIBIT B FOR DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the County Barn Road RPUD Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SOP or subdivision plat. l. Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the "R" and "A" designated areas abutting the project's entrance, or within the private roadway as depicted on the PUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height and 40 feet in actual height. County Barn Road RPUD. PL20160001398 Page 3 of 11 06/06/2017 (.:A- ~ CI u
EXHIBIT B FOR DEVELOPMENT STANDARDS STANDARDS PRINCIPAL STRUCTURE SETBACKS M in imum Lot Area M inimum Lot Width Minimum Lot Depth Minimum Front Yard *l, *2 Minimum Side Yard Minimum Rear Yard *4 Minimum Preserve Minimum Distance Between Prin cipal Structu res * 3 Maxi mum Height Zoned Actual ACCESSORY STRUCTURE SETBACKS Minimum Front Yard M in imum Side Yard Mini mum Rear Yard * 4 M in imum Preserve M aximum Height Zoned Actu al SINGLE FAMILY DETACHED 4,000 SF 40 feet 100 feet 20 feet 5 feet 10 feet 25 feet 10 feet 35 feet 40 feet SPS SPS 5 feet 10 feet 35 feet 40 feet ZERO LOT LINE TWO FAMILY ATIACHED 3,500 SF 3,500 SF 35 feet 35 feet 100 feet 100 feet 20 feet 20 feet 0 or 10 feet 0 or 5 feet 10 feet 10 feet 25 feet 25 feet 10 feet 10 feet 35 feet 35 feet 40 feet 40 feet SPS SPS SPS SPS 5 feet 5 feet 10 feet 10 feet 35 feet 35 feet 40 feet 40 feet TOWNHOUSE MULTI- AMENITY FAMILY AREA 1,600 SF Per Un it N/A 10,000 16 feet N/A N/A 100 feet N/A N/A 20 feet 20 feet 15 feet 0 or 5 feet 10 feet Yz BH 10 feet 10 feet 10 feet 25 feet 25 feet 25 feet 0 Or 10 feet 20 feet Yz sum of BH 35 feet 2 35 feet stories 35 feet 40 feet 40 feet 2 40 feet stories SPS SPS SPS SPS SPS SPS 5 feet 5 feet 5 feet 10 feet 10 feet 10 feet 35 feet 35 feet 35 feet 40 feet 40 feet 40 feet SPS- Same as Principal Structu re BH - Building Height (zoned height) LBT - Land scape Buffer Tract LMT - Lake Maintenance Tract *1-The minimum front yard setback may be reduced to 12' where the unit has a recessed or side entry garage. Front-entry garages shall be set back a minimum of 23 feet from bac k of sidewalk. *2 - For corn er lots, only one front yard setback sha ll be required. The yard that doe s not contain the veh icle access shall provide a 12' setback. *3 - The minimum distance between buildings may be redu ced to O' where attached garages are provided. However, the principal structures shall mai ntai n a 10' minimum separation. *4 -LBTs and LMTs will be platted or shown as separate tracts on the SDP or Plat. Where a lot abuts a LBT or LMT, the setback may be reduced to 5 feet for princi pal structures and zero feet for accessory structures. Note: Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. County Barn Road RPUD, PL20160001398 Page 4 of 11 06/06/20 17
SITE SUMMARY TOTAL SITE AREA: 38.23± ACRE ZONED: CFPUD MAXIMUM DVVELLING UNITS: 268 (SEE NOTE 4) PRESERVE: REQUIRED 2.72± ACRES (1 0.89± ACRES NATIVE VEGETATION X 0.25) PROVIDED: 2.72± ACRES PEN SPACE. REQUIRED 22.9± ACRES (38.23 X.60) PROVIDED 22.9± ACRES NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. ALL ACREAGES, EXCEPT PRESERVE ACREAGE, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF AGENCY PERMITTING, SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC REMOVAL IN ACCORDANCE WITH LDC SECTION 4.06.02 AND LDC SECTION 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. HOWEVER, IF THE PRESERVE AFTER REMOVAL OF EXOTIC VEGETATION CANNOT MEET THE 60% OPACITY REQUIREMENT AS SPECIFIED IN THE LDC FOR A TY PE B LANDSCAPE BUFFER (WHERE REQUIRED) WITHIN 6 MONTHS OF THE ISSUANCE OF THE FIRST RESIDENTIAL CERTIFICATE OF OCCUPANCY, THEN A MINIMUM 6 FOOT WIDE LANDSCAPE BUFFER MUST BE RESERVED FOR ADDITIONAL LANDSCAPE MATERIAL WHICH SHALL BE ADDED OUTSIDE OF THE PRESERVE TO ACHIEVE THE 60% OPACITY REQUIREMENT WITHIN 6 MONTHS OF THE ISSUANCE OF THE FIRST RESIDENTIAL CERTIFICATE OF OCCUPANCY 4. MAXIMUM TOTAL OF 266 MULTI-FAMILY OR 156 SINGLE FAMILY OR ANY COMBINATION SO LONG AS THE TRIP CAP SPECIFIED IN EXHIBIT F, ITEM 4.B, OF THE PUD IS NOT EXCEEDED 5. 12.0' EASEMENT FOR ROADWAY (OR 230, PG 600 AND l1lj OR 2355, PG 2715). TO BE VACATED Wll:l!J) DEVIATION... -- ~~ -~- ~l'vi.. olofl...:0.. ~ R RESI DENTIAL ~ ' -- -- A AMENITY AREA ' z"...... ZONED RMF-0 (4) USE: RES IDENTIAL 20' WIDE TYPE 'D' BUFFER 1 ~ I Q a:: ZONED E USE: RESIDENTIAL 1 I.. 11.... '" - " ii ;i t s 0 (..) '" t~ _:,..~ ~,,,,,._ 11 [ JI: 11 I 11 11 R ~ I 1 []] :~ 11 II 11 ' I 3,-;==:..:.::..:~- WATER MANAGEMENT I \'----_-_-_-_-_-_-_-_-_-_-_-_--:_ 3 7 []] R 1 1 R 11 l _-_-_-_-_-_._. \ - - - - - -~;F -:-10:-...;E ~y-;~ :;;:. ;UFFER I MF - 15' WIDE TYPE 'B' BUFFER ZONED: E USE COUNTY WATER MANAGEMENT LAKE II tj " -,... _, ~~~.:."';;, ~ <~ GradyMlnor...,,.,._,... J.. ta< c!'.,"~l~:!~~ ~i;i,, t!; :d;.u~~~' La~~~l8 lloolll.>spn!w':2j!l.im7.ll44.1:'"'' lll~or r""' r... M) " ~:lllli!iq,4300 EXHIBIT C MA.STER PLAN :----700 m 1h:17 SCALE: 1ft = 200' ZONED: E USE: CHURCH WATER MANAGEMENT AREA SF - 10' WI DE TYPE 'A' BUFFER MF - 15' WIDE TYPE 'B' BUFFER ZONED: E USE: RESIDENTIAL REVISED 06/01/2017
EXHIBIT D FOR LEGAL DESCRIPTION PARCEL 1 (PER OR 5144, PG 238) THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE WEST 50 FEET THEREOF AS DESCRIBED IN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 165, PAGE 350; OFFICIAL RECORDS BOOK 304, PAGE 261 AND IN OFFICIAL RECORDS BOOK 324, PAGE 290; AND ALSO LESS AND EXCEPT THE EAST 50 FEET OF THE WEST 100 FEET THEREOF, AS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4144, PAGE 702, AS AMENDED BY THE PARTIAL FINAL JUDGMENTS RECORDED IN OFFICIAL RECORDS BOOK 4501, PAGE 1596 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2 (PER OR 4048, PG 2662) THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS ROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA. PARCEL 3 (PER OR 5201, PG 1326) THE SOUTH ONE-HALF (S 1/2) OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 50 FEET THEREOF; AND LESS AND EXCEPT THE EAST 50 FEET OF THE WEST 100 FEET AS DESCRIBED ON THE ORDER OF TAKING RECORDED IN O.R. BOOK 4155, PAGE 190, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BE ING MORE PARTICULARLY DESCRIBED AS FOLLOWS : A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATTHE CENTER SECTION OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, SOUTH 00 43'51" EAST, A DISTANCE OF 339.31 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE RUN ALONG SAID SOUTH LINE, NORTH 89 29'03" WEST, A DISTANCE OF 1,231.26 FEET TO A POINT ON THE RIGHT-OF WAY OF COUNTY BARN ROAD; THENCE RUN ALONG SAID RIGHT-OF-WAY, NORTH 00 42'45" WEST, A DISTANCE OF 337.84 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY, NORTH 00 43'39" WEST, A DISTANCE OF 1,012.63 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE RUN ALONG SAID NORTH LINE, SOUTH 89 44'27" EAST, A DISTANCE OF 1,230.25 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE RUN ALONG SAID EAST LINE, SOUTH 00 46'20" EAST, A DISTANCE OF 1,016.69 FEET TO THE POINT OF BEGINNING. CONTAINING 38.23 ACRES, MORE OR LESS. County Barn Road RPUD, PL20160001398 Pa ge 6 of l l 06/06/20 17
EXHIBIT E FOR LIST OF DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 6.06.02.A.2 which requires dual sidewalks on local roads internal to the site, to allow a sidewalk on one side of the roadway where the property is permitted with single loaded homesites. Appropriate crosswalks shall be provided at crossing locations. 2. Deviation 2 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary banner sign up to a maximum of 32 square feet in area and 8 feet in height. The temporary banner sign shall be limited to a maximum of 90 days during season defined as November 1 to April 30 per calendar year. This Deviation will remain valid until 90% of the units are sold. At such time, the Deviation will be void. 3. Deviation 3 seeks relief from LDC Section 5.06.02.B.S.a, which requires on-premises directional signs to be setback a minimum of 10' from edge of roadway paved surface or back of curb, to allow a setback of 5' from edge of roadway paved surface or back of curb. 4. Deviation 4 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and combined area of 64 s.f., to allow for two (2) ground signs per entrance with a maximum height of 10' (above the approximate S' of fill above existing grade) and combined area of 80 s.f. 5. Deviation 5 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, which requires fences or walls in a residential PUD to be 6 feet or less in height and prohibits the existing ground from being altered under the sign, to permit an 8-foot high wall on top of berm. 6. Deviation 6 seeks relief from LDC Section 6.06.01.H, which requires if any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the review of the first subsequent development order unless waived by the County Manager or designee, to permit no additional compensating right-of-way as long as the existing County Barn Road swale cross section can be maintained. 7. Deviation 7 seeks relief from LDC Section 6.06.01.J, which limits cul-de-sacs to a maximum length of 1,000 feet unless existing topographical conditions or other natural features preclude a street layout to avoid longer cul-de-sacs, to permit cu l-de-sacs up to a maximum of 1,100 feet with placement of no through traffic signage. 8. Deviation 8 seeks relief from LDC Section 6.06.01.N, and Appendix B, which establishes a minimum 60-foot wide local road right-of-way, to allow a minimum 50' wide right-of-way. This County Born Rood RPUD, PL20160001398 Page 7 of 11 06/06/2017
deviation applies when the developer proposes to develop local streets in lieu of a private drive or access way. 9. Deviation 9 seeks relief from LDC Section 3.05.07.H.1.e.ii, which permits a maximum of 1 acre of required preserves to be created for property with less than 20 acres of existing native vegetation, to permit 1.3 acres of preserve to be created. 10. Deviation 10 seeks relief from LDC Section 6.06.02 A.1., which requires sidewalks and bike lanes must be constructed within public and private rights-of-way or easements, which are adjacent to the site prior to issuance of the first certificate of occupancy for construction authorized by a final subdivision plat, site improvement, or site development plan, unless otherwise determined by the County Manager or designee, to allow no sidewalks and bike lanes to be constructed for the development along County Barn Road. County Barn Road RPUD. PL20160001398 Page 8 of 11 06/06/2017
i/ ',J. ' 50' RIGHT - OF -WAY SETBACJ V~RIES L>i 10' P.U.E. i' \' l 13' 2' 1 o TRAVEL LANE 10' TRAVEL LANE 2' 13' 50 ' RIGHT-OF-WAY SECTION (N.T.S.) m GradyMinor O Gr.i di ~lmor.l"d ""'ocl:iu' ~. l'a. 1-------_::C_::O:_:U::_N:.:._:T_:Y_.:.B::_A'.'._R:.:.'..N:_:R..:,:: O:,:A,:D_.:.R.:,:P:.._::U,:D:.. -{,;o;,.;'i";.,~'::ii:.-"'~""---1',> 380011 1><-111~ Uoolta S11<ln«. florltl11 3~13~ Chil Engirwers Land Survryors Planuers La 11dsrape:\rchJ1el.ls cen. <lfalllll.1-21~1~1 C.n."MH. UIOOO$l5J DEVIATION #8 50' RIGHT-OF -WAY CROSS SECTION Revision Dote: Moy 30, 2017 ocw---!iectiqn-llfvi -! ~ Bonlt.1Sprl111" 2:l9fJ.17!1 M Hn1f'.Cr1J11Ulinur.t 11111 For\M)f'r8: 239.690.~380 SHEET 1 OF 1 ~ '-------------------'------------------------'----------------------------'------.V ~
EXHIBIT F FOR LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until closeout of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is County Barn Investors, LLC, 28100 Bonita Grande Dr., Suite 106, Bonita Springs, FL 34135. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development 3. ENVIRONMENTAL a. The RPUD shall be required to preserve 25% of native vegetation. 10.89± acres of native vegetation exists on-site requiring a minimum preservation of 2.72± acres (10.89 x.25 = 2.72) of native vegetation to be retained. 4. TRANSPORTATION a. Owner, its successors and/or assigns shall construct a right turn lane on County Barn Road at the time of plat or SOP. See Deviation #6. b. The PUD shall be limited to a maximum of 157 p.m. peak hour two-way trips. County Born Rood RPUD, PL20l 6000 l 398 Pa ge 10 of l l 06/06/201 7 ('... \ t'-1\i..1 -... _/
5. LANDSCAPING a. In order to avoid conflicts with utilities and sidewalks, the required canopy tree for an individual lot shall be one from the following list: Wax Myrtle Green Buttonwood Satin Leaf Simpson Stopper (Myrcianthes fragrans) 2:1 Dahoon Holly 2:1 or any other small native tree approved by the County's Landscape Architect. Where it can be demonstrated that another tree species can be planted without conflict, staff may approve this alternative species. b. Preserves may be used to satisfy the landscape buffer requirements after exotic removal in accordance with LDC Section 4.06.02 and LDC Section 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. However, if the preserve after removal of exotic vegetation cannot meet the 80% opacity requirement as specified in the LDC for a Type B landscape buffer (where required) within 6 months of the issuance of the first residential certificate of occupancy, then a minimum 6 foot wide landscape buffer must be reserved for additional landscape material which shall be added outside of the preserve to achieve the 80% opacity requirement within 6 months of the issuance of the first residential certificate of occupancy. County Barn Road RPUD, PL20160001398 Page 11of11 06/06/2017