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Backup Documents 03/14/2019 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS MARCH 14, 2019 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,MARCH 14,2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued from the February 14, 2019 HEX Meeting and the February 28,2019 HEX Meeting. A. PETITION NO. BDE-PL20180001709 — Carla Teresa Markey requests a 43-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 63 feet to modify the existing docking facility to add decking and a poly float to accommodate one vessel and one kayak or small boat for the benefit of Lot 24,Block F of the Collier's Reserve subdivision plat, also described as 933 Barcarmil Way, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: James Sabo,AICP,Principal Planner] B. PETITION NO. PDI-PL20180003338 — D.R. Horton, Inc. requests an insubstantial change to Ordinance Number 18-17, as amended, the Rushton Pointe RPUD, to reduce the minimum lot width for townhouse units from 30 feet to 20 feet. The subject property is located on the west side of Collier Boulevard, approximately two thirds of a mile south of Immokalee Road, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of 38.1± acres. [Coordinator: Tim Finn,AICP,Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN PDI-PL20180003338 3/14/19 Ruston Pointe February 12, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday February 22, 2019 and furnish proof of publication to the attention of Timothy Finn, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point, he advertisement MUST NOT BE placed in that portion of the newspaper where:,iassineo acvertisements appear, Please reference the following on ALL Invoices. DIVISION: ZONING [Zoning Services Section) FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 AuthoriaeiDesignee signature for HEX Advertising P120180003338 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, February 12, 2019 3:31 PM To: Minutes and Records Cc: Ann P.Jennejohn; bellows_r; BosiMichael; PageErin; RodriguezWanda; NeetVirginia; kendall_rn; FinnTimothy; SmithCamden;VelascoJessica Subject: Ad request for your review - PL2018000033338 Ruston Pointe (PDI) Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, litexcutd44 ea Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. y r t4vav Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, February 12, 2019 3:49 PM To: Minutes and Records Cc: CasanovaAlexandra; FinnTimothy; SmithCamden;VelascoJessica; StoneScott; CrotteauKathynell Subject: re:Ad request for your review - PL2018000033338 Ruston Pointe (PDI) Attachments: 2 x 3 Ad Map.pdf;Ad Request.docx; Signed Ad Request.pdf The ad request looks good. Wanda Rodriguez, ACT, CP.MI Office of the County .Attorney (239) 252-8400 From:CasanovaAlexandra Sent:Tuesday, February 12, 2019 3:31 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia<Virginia.Neet@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject:Ad request for your review- PL2018000033338 Ruston Pointe (PDI) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, TueeaIebta eadeutocia Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at htto://bit.ly/CollierZoning. CoCattier County Exceeding Expectations 1 Teresa L. Cannon From: Minutes and Records To: CasanovaAlexandra Subject: RE:Ad request for your review - PL2018000033338 Ruston Pointe (PDI) Thanks Alex, I will forward the proof as soon as I receive it. From:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Tuesday, February 12, 2019 3:31 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; bellows_r<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; NeetVirginia<Virginia.Neet@colliercountyfl.gov>; kendall_m <Marcia.Kendall@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject:Ad request for your review- PL2018000033338 Ruston Pointe (PDI) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, Tezeued/ta eWGia Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanovaCa@colliercountvfLgov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. ColiVer County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., March 14,2019, in the Hearing Examiner's meeting room,at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. PDI-PL20180003338 D.R. HORTON, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NUMBER 18-17, AS AMENDED, THE RUSHTON POINTE RPUD, TO REDUCE THE MINIMUM LOT WIDTH FOR TOWNHOUSE UNITS FROM 30 FEET TO 20 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD, APPROXIMATELY TWO THIRDS OF A MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 38.1± ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida Coilier-BL•VD G W mII\\-- p d ce 71 Y t OCU E d 4O7A e L •O d J L d L-ogan-BLA-N—o_ I Acct #076397 February 13, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PDI-PL20180003338— D.R. Horton, Inc. (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, February 22, 2018 and send the Affidavit of Publication to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500190197 February 13, 2019 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday February 22, 2019 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail E., Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500190197 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., March 14, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. PDI-PL20180003338 — D.R. HORTON, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NUMBER 18-17, AS AMENDED, THE RUSHTON POINTE RPUD, TO REDUCE THE MINIMUM LOT WIDTH FOR TOWNHOUSE UNITS FROM 30 FEET TO 20 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD, APPROXIMATELY TWO THIRDS OF A MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 27, TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA, CONSISTING OF 38.1± ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Collier-BLVD 0 r4 c) p a) ce Ta Y = V o v o cc Ea) a m o r d J L cu Loge -N—N c I Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday, February 12, 2019 4:15 PM To: Naples Daily News Legals Subject: PDI-PL20180003338 - Ruston Pointe Attachments: PDI-PL20180003338 Ruston Pointe (HEX 3-14-19).doc; PDI-PL20180003338 Ruston Pointe (HEX 3-14-19).doc; PDI-PL20180003338 Ruston Pointe (HEX 3-14-19).pdf Legals, Advertise the attached Display Ad w/Map on Friday, February 22, 2019. Please send confirmation of this request also.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Wednesday, February 13, 2019 9:53 AM To: Teresa L. Cannon Subject: RE: PDI-PL20180003338 - Ruston Pointe Attachments: N D-2231208.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Here is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, February 12, 2019 4:15 PM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL2018O003338- Ruston Pointe Lega Is, Advertise the attached Display Ad w/Map on Friday, February 22,2019. Please send confirmation of this request also. Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/ik8mCn5mErS7nGW62U9XaRF?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helodeskCa�collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., March 14, 2019, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104,to consider: PETITION NO. PDI-PL20180003338 — D.R. HORTON, INC. REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NUMBER 18-17,AS AMENDED, THE RUSHTON POINTE RPUD, TO REDUCE THE MINIMUM LOT WIDTH FOR TOWNHOUSE UNITS FROM 30 FEET TO 20 FEET. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD, APPROXIMATELY TWO THIRDS OF A MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 27,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA, CONSISTING OF 38.1±ACRES. Immokalee-RD ir Co 0 ca = m ? Project Oro Location W L o c z Vanderbilt-Beach-RD All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-22]1208 ❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:2/13/2019 9:44 AM SALES PERSON: Gloria Kennedy PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:02/22/19 ND-2231208.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra; FinnTimothy; SmithCamden Subject: FW: PDI-PL20180003338 - Ruston Pointe Attachments: ND-2231208.pdf Please review proof! PDI-PL2O18O003338—Ruston Pointe From: NDN-Legals<legals@naplesnews.com> Sent:Wednesday, February 13, 2019 9:53 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: PDI-PL2O18O003338- Ruston Pointe External Message: Please use caution when opening attachments, clicking links, or replying to this message. Here is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, February 12, 2019 4:15 PM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL2O18O003338- Ruston Pointe Lega Is, Advertise the attached Display Ad w/Map on Friday, February 22,2019. Please send confirmation of this request also.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/ik8mCn5mErS7nGW62U9XaRF?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(acollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Teresa L. Cannon From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Wednesday, February 13, 2019 10:53 AM To: Teresa L. Cannon; RodriguezWanda; CasanovaAlexandra; SmithCamden Subject: RE: PDI-PL20180003338 - Ruston Pointe Approved Timothy Finn, AICP Principal Planner Co ler County Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Wednesday, February 13, 2019 9:56 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: FW: PDI-PL20180003338- Ruston Pointe Please review proof! PDI-PL20180003338—Ruston Pointe From: NDN-Legals<legals@naplesnews.com> Sent: Wednesday, February 13, 2019 9:53 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: PDI-PL20180003338- Ruston Pointe External Message: Please use caution when opening attachments, clicking links, or replying to this message. Here is your proof. 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday, February 13, 2019 11:47 AM To: Minutes and Records Cc: NeetVirginia; SmithCamden;VelascoJessica; FinnTimothy Subject: FW: PDI-PL20180003338 - Ruston Pointe Attachments: RE: [External] Ad approval for your review - PDI-PL20180003338 - Ruston Pointe Good morning, Below you will find planners approval of ad proof and attached you will find the agents approval od ad proof for PL20180003338. Respectfully,esj ,4€ealldu � tau6L Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co Ter County Exceeding Expectations From: FinnTimothy Sent:Wednesday, February 13, 2019 10:53 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov> Subject: RE: PDI-PL20180003338- Ruston Pointe Approved Timothy Finn, AICP Principal Planner CAT Cvuw1Ly Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 1 Teresa L. Cannon From: Kim Davidson <KDavidson@barroncollier.com> Sent: Wednesday, February 13, 2019 11:01 AM To: CasanovaAlexandra Cc: NeetVirginia; SmithCamden;VelascoJessica; FinnTimothy Subject: RE: [External] Ad approval for your review - PDI-PL20180003338 - Ruston Pointe Approved! 111.011111 PENINSULA/Pik,. ENINEERIN `-°•i ova 4 BARRON COLLIER COIMPANIEs ANIF 1 Kim Davidson, Project Permit Coordinator 2600 Golden Gate Parkway Naples, Florida 34105 Phone 239.262.2600 Fax 239.261.1797 Direct 239.403.6807 kdavidson@barroncollier.com From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Wednesday, February 13, 2019 10:07 AM To: Kim Davidson <KDavidson@barroncollier.com> Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: [External] Ad approval for your review- PDI-PL20180003338- Ruston Pointe Kim, Advertisement for: Ruston Pointe, PL#20180003338 for the HEX on March 14, 2019. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB 2/15/2019, your item may be continued. Respectfully, 1 Ili Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, February 14, 2019 10:44 AM To: Minutes and Records Cc: VelascoJessica; FinnTimothy; SmithCamden; CasanovaAlexandra Subject: RE: PDI-PL20180003338 - Ruston Pointe Teresa, No, I was not copied on it. With both staff and applicant approvals in, the ad proof is good for our office also. Thank you, Wanda Rodriguez, ACP, CRN1 Office of the County Attorney (239) 252-8400 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>On Behalf Of Minutes and Records Sent:Thursday, February 14, 2019 10:33 AM To: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW: PDI-PL20180003338- Ruston Pointe Hi Wanda, Did you receive this? I have the planners approval also if you did not get it. From: CasanovaAlexandra <Alexandra.Casanova@colliercountvfl.gov> Sent:Wednesday, February 13, 2019 11:47 AM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: NeetVirginia <Virginia.Neet@colliercountvfl.gov>;SmithCamden<Camden.Smith@colliercountvfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; FinnTimothy<Timothv.Finn@colliercountyfl.gov> Subject: FW: PDI-PL20180003338- Ruston Pointe Good morning, Below you will find planners approval of ad proof and attached you will find the agents approval od ad proof for PL20180003338. Respectfully, AteUlft4641 ead4000a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 1 Teresa L. Cannon To: NDN-Legals Subject: RE: PDI-PL20180003338 - Ruston Pointe Legals, The proof for Ad#2231208 looks good, OK to run.Thanks From: NDN-Legals<legals@naplesnews.com> Sent:Wednesday, February 13, 2019 9:53 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: RE: PDI-PL20180003338- Ruston Pointe External Message: Please use caution when opening attachments, clicking links, or replying to this message. Here is your proof. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, February 12, 2019 4:15 PM To: NDN-Legals<legals@naplesnews.com> Subject: PDI-PL20180003338- Ruston Pointe Lega Is, Advertise the attached Display Ad w/Map on Friday, February 22,2019. Please send confirmation of this request also.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/jk8mCn5mErS7nGW62U9XaRF?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 NOTICE OV P `L-UC-HEARI i Notice is hereby given that a Iittblic head will l heldby Count/, - i ` Hearing Exemine, (H 'at *00•A.M. Mar*t ilrr the I jeering Examiner's Meeting Room,at*800 North.Mor a 3fI Room 60/61-0, Naples Fl 34104,to co -: A PETITION NO. Pttr1-PL20'f180003338 D.R. BORT N, 6 QUESTS fr±i a ,, ,.INSUD$TAN"iTAL:CHi$E TO,d 4t NU -*-1 ti4O AF D, THE RUSHTON POINTE RPUD,- O REDUCE THE MINIMUM'1..OT:WIDTH ' - m FOR TOWNHOUSE UNITS FROM 30 FEET-TO'if} FEET THE SUBJECT 2 i PRQPERTY IS LOCATED ON THE',WEST SIDE QF COWER'BOULEVARD, T. ' API ROXIMATELY TWO.THIRDS'(IcA MILESOO'TH OF IMMOKALE -- ' •9,.` ,.� • IN SECTION 27,TOWNSHIP 48 SOUTH,RAN(E 28, AST,bOLLIER a'. •! , N S F=LORIDA,C1 I1 OF38.1*ASS, o 1 .. • ,ate „/ — f X ++ma�yy k a .{` LL S W, _ y f "•'. ...'.. � ..,fit -�: Vanderbilt-Beach-RD 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become`a permanerit part i of the record. Copies of staff report are available one week prior to the haring. The file can be reviewed at the Collier County Growth Management Department, Zoning Division,Zoning Services Section,2800 North Horseshoe Drive,. Naples,FL. - The,HearingExaminer's decision becomes final on the date rendefedt Any person who decides to appeal any decision of the He xanhh#er :ErwlD need a record of the proceedings pertaining thereto and'theri f ore, r need to ell that a verbatim record of the.proceedings is made,whicfw icord lades the testimony to evidence upo n which•the appy is bad. • Ityou are a person with a disability:who needs any h`atder to participate in this proceeding,you are entitled,'atteo cost to y«u;to the provision of certain assistance. Please contact the comer county Facilities 'Management Division located at 3335 Tan—Mini Tim i.ast,euite 101,Naples,. I;" Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, ' 4 1 i Chief Hearing Examiner 1 ' Collier County,Florida ' I apLrø Battu o NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2231208 PDI-PL20180003338 4500190197 Pub Dates February 22,2019 11 I�'i(Sign/? ta ure of affiant) s:;;;; +. KAKOLEKANGAS taIKc-Stateof Flodda Sworn to and subscribed before me I ry WCommhaimdGG126041 AyCorti' "` 29' tThis February22,2019 bdkh.dNNmIMryAw qc\mer (Signature of affiant) 12A I FRIDAY,FEBRUARY 22,2019 I NAPLES DAILY NEWS NOTICE OF PUBLIC HEARING ?`-" "`4- Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,March 14,2019,in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610, Naples Fl 34104,to consider. 4 r PETITION NO.PDI-PL20180003338-D.R.NORTON,INC.REQUESTS AN INSUBSTANTIAL CHANGE TO ORDINANCE NUMBER 18-17,AS AMENDED, • THE RUSHTON POINTE RPUD,TO REDUCE THE MINIMUM LOT WIDTH FOR TOWNHOUSE UNITS FROM 30 FEET TO 20 FEET.THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD, /, APPROXIMATELY TWO THIRDS OF A MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 27,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, 1 FLORIDA,CONSISTING OF 38.1±ACRES. , UCF President Dale Whittaker offered his resignation Tuesday.The university's -I-lmRrokalee-RD_ Board of Trustees voted 7-3 to accept it Thursday.ZACH BOYDEN-HOLMES/THE REGISTER UCF board accepts president's 0 0 Project A resignation over misused funds Location Eld a o ASSOCIATED PREss years over the misused money. Z Whittaker has said he didn't know -Vanderbilt-Beach-RD� 0 ORLANDO-Theboard of the Univer- leftover operating funds couldn't be I sity of Central Florida accepted the res- used on new buildings.Four high-rank- ignation of the school's president ing administrators were fired in the All interested parties are invited to appear and be heard.All materials used Thursday,two days after he offered to wake of the scandal and the board's for- in presentation before the Hearing Examiner will become a permanent part step down to appease state lawmakers mer chairman,Marcos Marchena,re- of the record. upset about the school using operating signed from the body last week. funds to pay for construction. In his resignation letter,Whittaker Copies of staff report are available one week prior to the hearing.The file UCF President Dale Whittaker will concluded that a change of leadership can be reviewed at the Collier County Growth Management Department, leave the school immediately.Accep- was needed to restore confidence in Zoning Division,Zoning Services Section,2800 North Horseshoe Drive, tance of the resignation is subject to UCF,especially among state education Naples,FL. reaching a settlement in the next few and legislative leaders. weeks,university officials said. "Our loss will be some other institu- The Hearing Examiner's decision becomes final on the date rendered.My A university vice president, Thad lion's great gain,"Robert Gamy,chair- person who decides to appeal any decision of the Hearing Examiner will Seymour,was named interim head of man of the board of trustees,said after proceedings need a record of the the school while a search for a new Thursday's emergency meeting."Dale P gs pertaining thereto and therefore,may need president is conducted. Whittaker has demonstrated great to ensure that a verbatim record of the proceedings is made,which record The university had come under courage and sacrifice for the students, includes the testimony to evidence upon which the appeal is based. heavy criticism from lawmakers and faculty and administration at UCF." state education officials in recent Whittaker was named president of If you are a person with a disability who needs any accommodation in order months after the disclosure that it had one of the nation's largest universities to participate in this proceeding,you are entitled,at no cost to you,to the spent tens of millions of dollars meant only last year. provision of certain assistance.Please contact the Collier County Facilities for operating expenses on construction, Students at Thursday's emergency Management Division located at 3335 Tamiami Trail East,Suite 101,Naples, a violation of state rules. board meeting held signs in support of Florida 34112-5356,(239)252-8380,at least two days prior to the meeting. The revelation infuriated state law- Whittaker.Several students,university makers,and last week atop Florida law- staff and Whittaker's family members Mark Strain, maker suggested-somewhat tongue in urged trustees notto accept the resigna- Chief Hearing Examiner cheek-shutting down UCF for five to 10 tion. Collier County,Florida «ovvvi Morgan Stanley Step Right St You're Invited To The Biggest ..-3, .r ii Join us for a Luncheon Presentation on the Benefits Decorative Fabric Sale of Declaring Florida Domicile Of The Year Topics will include: •The tax advantages of Florida domicile `'' ( Take an Andrew DeVito •What you need to prove in order to EXTRA Senior Vice President Portfolio Management declare legal Florida domicile (Advisor •When and how to revise t Financial Advisor your estate plan Morgan Stanley •When to set upa Florida trust 0 8889 Pelican Bay Blvd N. 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Open Mon-Sat IOam-530p,,, Investment andseroces offered through Morgan Stanley Smith Barney LLC.Member SIPC.CRC2425154 1/19 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, MARCH 14,2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING, 2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued from the February 14, 2019 HEX Meeting and the February 28,2019 HEX Meeting. A. PETITION NO. BDE-PL20180001709 — Carla Teresa Markey requests a 43-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 63 feet to modify the existing docking facility to add decking and a poly float to accommodate one vessel and one kayak or small boat for the benefit of Lot 24,Block F of the Collier's Reserve subdivision plat, also described as 933 Barcarmil Way, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: James Sabo,AICP,Principal Planner] B. PETITION NO. PDI-PL20180003338 — D.R. Horton, Inc. requests an insubstantial change to Ordinance Number 18-17, as amended, the Rushton Pointe RPUD, to reduce the minimum lot width for townhouse units from 30 feet to 20 feet. The subject property is located on the west side of Collier Boulevard, approximately two thirds of a mile south of Immokalee Road, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of 38.1± acres. [Coordinator: Tim Finn,AICP,Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN * * C7 * -x * z * * * * * Sr— x Q * * : CA x * * °C * r/' z In W : g 4: a , A v ‘(� X J cz w ii N . * z W o - F. (� Q r z * * - ❑ • oc * a E • U. d > Z * o -g Z O * 4!. Al * 3 O V n Z P * CC ie * 1 1 ria JV 4 A cA *- ZCa rg lc d ✓ 0 Z ° 4' Q 111 .71m /� ❑ � � N / ri z a * 7 - H O a W ft' z U a 4: w z —ia U. * IT. w • 4: CC W •)u-K q w * W Q - A co * O [• � Q a+ P_,, F.▪ .* y O Q o az o ✓ * A w F" - yC -*x UU � : w A 4 z d 4 a o 0, A. * Q O Poo CI) U * * .e, ❑ U AGENDA ITEM 3-A This item was continued from the February 14, 2019 HEX meeting and the February 28, 2019 HEX Meeting. The packet materials were submitted at the February 14, 2019 HEX meeting. The attached is a supplement to the packet materials. PETITION NO. BDE-PL20180001709 — Carla Teresa Markey requests a 43- foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of 63 feet to modify the existing docking facility to add decking and a poly float to accommodate one vessel and one kayak or small boat for the benefit of Lot 24, Block F of the Collier's Reserve subdivision plat, also described as 933 Barcarmil Way, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: James Sabo, AICP, Principal Planner] coLL /ER's REsERvE Assoc/AT/0x 11711 Collier's Reserve Drive-Naples,FL 34110 Tel:239,254.0862 - Fax:239,254.7784 WWW . COLLIERSRESERVEHOA . COM - MANAGER@COLLIERSRESERVEHOA COM February 18, 2019 To Whom It May Concern; Re: 933 Barcarmil Way Boat Dock The Colliers Reserve Homeowners Association and the Colliers Reserve Country Club are aware of the previously permitted and installed boat dock located at 933 Barcarmil Way that was approved by Collier County Permit NO. 96-2145 on 2-28-1996 Colliers Reserve Homeowners Association and the Colliers Reserve Country Club both provided authorization for the installation of the dock as detailed in the Petition NO. BDE-PL20180001709 Authorizers for approval; 001.°11r Stan Lukowski Stephen Guillard Vice President, Homeowners Association President, Colliers Reserve Country Club AGENDA ITEM 3-B Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 14, 2019 SUBJECT: PDI-PL20180003338; RUSHTON POINTE PUD OWNER: APPLICANT: Ali R. Ghahramani, MD Investment, LP D.R. Horton, Inc. 7223 Ayrshire Lane 10541 Ben C. Pratt Six Mile Cypress Pkwy Boca Raton, FL 33496 Fort Myers, FL 33966 AGENT: Daniel DeLisi, AICP DeLisi, Inc. 520 27th Street West Palm Beach, FL 33407 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve an insubstantial change to Ordinance Number 18-17, as amended, the Rushton Pointe RPUD, to reduce the minimum lot width for townhouse units from 30 feet to 20 feet. GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard,approximately two thirds of a mile south of Immokalee Road, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of 38.1 +/- acres (see location map on following page) PURPOSE AND DESCRIPTION OF PROJECT: In 2018, the property was rezoned from Rural Agricultural (A) to Residential Planned Unit Development (RPUD) pursuant to Ordinance 18-17 allowing for a maximum of 229 residential dwelling units. On November 30, 2018, the petitioner applied for an insubstantial change to the Rushton Pointe RPUD to reduce the minimum lot width for townhouse units from 30 feet to 20 feet as the applicant, D.R. Horton, is proposing to construct a townhouse product that will have a 20-foot minimum lot width. PDI-PL20180003338 Rushton Pointe PUD Page 1 of 7 Revised: February 11,2019 are ._ COHier gLVD _- _Pl.S ----: • �.� $ Z >•t $ U C a . 3 PI �OC Y "• zmJ ,;,`fz • • C /.. L��\ t *! H Q CO j CDN J Z a 1.N sa E D Z 0 W ; 47. _ O V N og a d g v Collier BLVD a 1 O ca ce 2 d C R O oU O J PDI-PL20180003338 Rushton Pointe PUD Page 2 of 7 Revised: February 11, 2019 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding boundaries of Rushton Pointe RPUD. North: Developed residential, with a current zoning designation of Indigo Lakes PUD(2.43 DU/AC) and is approved for single and multi-family residential units East: Collier Boulevard, a six-lane arterial roadway, and then undeveloped land, with a current zoning designation of Crystal Lake PUD (3.07 DU/AC) and is approved for park trailer/travel trailer vehicles and motor homes South: Developed residential, with a current zoning designation of Brittany Bay Apartments PUD (8.16 DU/AC) and is approved for single and multi-family residential units West: Developed residential, with a current zoning designation of Indigo Lakes PUD(2.43 DU/AC) and is approved for single and multi-family residential units w 6 -# ' 1 r - _ - r4 s' t� ,' a 110 V e ; 411"1 10 l. a • 4 1E lit C , , fi v L _ , fit C, __ ,,,„ - , t ,t , a 14'044 ... 1 . . - min sitT P. rte ,. *st Aerial(County UIS) PDI-PL20180003338 Rushton Pointe PUD Page 3 of 7 Revised: February 11, 2019 STAFF ANALYSIS: Comprehensive Planning: Because this application is not adding uses or increasing the intensity of the previously approved uses in the Rushton Pointe RPUD, it is consistent with the Future Land Use Element(FLUE)of the GMP. See Attachment A for the complete report from Comprehensive Planning staff. Conservation and Coastal Management Element: Environmental staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Transportation Element: Transportation Planning staff has evaluated the proposed changes to the PUD documents and found no issue with consistency. Sections 10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code set forth the criteria by which insubstantial changes to a PUD document are to be reviewed before they can be approved. The criteria and a response to each have been listed as follows: 10.02.13.E.1 a. Is there a proposed change in the boundary of the Planned Unit Development(PUD)? No, there is no proposed change in the boundary of the PUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the number of dwelling units or intensity of land use or height of buildings within the development. c. Is there a proposed decrease in preservation, conservation, recreation,or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such,or five (5) acres in area? No, there is no proposed decrease in preservation, conservation, recreation, or open space areas within the development as designated on the approved Master Plan. d. Is there a proposed increase in the size of areas used for non-residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open space),or a proposed relocation of nonresidential land uses? There would be no increase to the size of areas used for non-residential uses and no relocation of non-residential uses. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation;changes in traffic circulation; or impacts on other public facilities? PDI-PL20180003338 Rushton Pointe PUD Page 4 of 7 Revised: February 11,2019 No,there are no substantial impacts resulting from this amendment. f. Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? The proposed amendment would not result in land use activities that generate higher levels of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers. g. Will the change result in a requirement for increased stormwater retention, or .. otherwise increase stormwater discharge? No, the proposed changes will not impact or increase stormwater retention or increase stormwater discharge. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No. There will be no incompatible relationships with abutting land uses. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No. Staff from Comprehensive Planning staff determined the proposed changes to the PUD Document would be consistent with the FLUE of the GMP. Both environmental and Transportation Planning staff reviewed this petition,and no changes to the PUD Document are proposed that would be deemed inconsistent with the CCME or the Transportation Element of the GMP. This petition does not propose any increase in density or intensity of the permitted land uses. j. The proposed change is to a PUD District designated as a Development of Regional Impact(DRI)and approved pursuant to Chapter 380.06,Florida Statues,where such change requires a determination and public hearing by Collier County pursuant to Sec.380.06(19),F.S. Any change that meets the criterion of Sec.380.06(19)(e)2.,F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Section 10.02.13 of the LDC. The project is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD Document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? PDI-PL20180003338 Rushton Pointe PUD Page 5 of 7 Revised: February 11,2019 Based upon the analysis provide above, the proposed change is not deemed to be substantial. Section 10.02.13.E.2 Does this petition change the analysis of the findings and criteria used for the original application? No,the proposed changes do not affect the original analysis and findings for the most recent zoning action in Petition PUDZ-PL20150000306.An excerpt from the staff report prepared for that petition is attached as Attachment B that contains the PUD Findings of Fact from Petition PUDZ-PL20150000306. DEVIATION DISCUSSION: No deviations are being requested as part of this application. NEIGHBORHOOD INFORMATION MEETING(NIM): NIM was waived via email correspondence from HEX Examiner Mark Strain on January 18,2019. (See Attachment C) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's office reviewed this Staff Report on February 19, 2019. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve Petition PDI- PL20180003338. Attachments: A) Comprehensive Planning Review Memo, dated 1-28-19 B) Excerpt from the Staff Report prepared for PUDZ-PL20150000306 C) NIM waiver email D) Proposed Ordinance Revision E) Application/Backup Materials PREPARED BY: PDI-PL20180003338 Rushton Pointe PUD Page 6 of 7 Revised: February 11,2019 PREPARED BY: Z 13 - 0 TIMOTHY FINN, CP, PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: 2/3Z/9 RAYMO V. BELLOWS,ZONING MANAGER TE ZONING IVISION 2- I v— s MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION PDI-PL20180003338 Rushton Pointe PUD Page 7 of 7 Revised: February 11,2019 Attachment A Co a`CoH my Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Tim Finn,AICP,Principal Planner Zoning Services Section,Zoning Division From: Sue Faulkner,Principal Planner Comprehensive Planning Section,Zoning Division Date: January 28,2019 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PL20180003338 -REV 2 PETITION NAME: Rushton Pointe(aka Meadowood)RPUD PDI REQUEST: The petitioner is requesting a PUD insubstantial change(PDI)to the Rushton Pointe RPUD to amend Table 1: Development Standards for"R"Tract, Single Family Attached/Townhouse to decrease the minimum lot width from 30 feet to 20 feet. LOCATION: The subject site is located on the west side of Collier Blvd.(CR 951),2/3 mile south of Immokalee Road(CR846), adjacent to the northern boundary of Brittany Bay PUD and south and east of Indigo Lakes PUD, in Section 27,Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is identified as Urban Designation, Urban Mixed Use District,Urban Residential Subdistrict, and it's within a Residential Density Band(Mixed-Use Activity Center#3)on the Future Land Use Map(FLUM)of the Growth Management Plan(GMP). The±38.1-acres RPUD was approved with Ord.#18-17 to allow for a maximum of 229 residential dwelling units. Select FLUE Policies are shown below(in italics),followed by staff analysis in [bracketed bold text]. FLUE Policy 5.6:New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). ]Comprehensive Planning staff leaves this determination to Zoning Services staff as part of their review of the petition in its entirety.] FLUE Objective 7 and Relevant Policies: Given the nature of this petition and the minor changes proposed (no changes in permitted uses, densities, or intensities), staff is of the opinion that a re-evaluation of FLUE policies under Objective 7 (pertaining to access, interconnections, walkability, etc.) is not necessary. These policies were recently evaluated during staff s consistency review of the Rushton Pointe Residential Planned Unit Development Rezone (PUDZ) petition, approved April 24,2018. Zoning Division•2800 North Horseshoe Drive• Naples,FL 34104. 239-252-2400 Page 1 of 2 ii CONCLUSION Based upon the above analysis,staff concludes the proposed Planned Unit Development amendment may be deemed consistent with the Future Land Use Element(FLUE). PETITION ON CITYVIEW cc: Michael Bosi,AICP,Director,Zoning Division David Weeks,AICP,Growth Management Manager,Zoning Division,Comprehensive Planning Section Raymond V.Bellows,Manager,Zoning Division,Zoning Services Section PDI-PL2018-3338 Rushton Pointe(akaMeadowood)R2.docx Zoning Division •2800 North Horseshoe Drive• Naples,FL 34104.239-252-2400 Page 2 of 2 Attachment B PUD FINDINGS: LDC Section 10.02.13.B.5 states that, "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land,surrounding areas,traffic and access, drainage,sewer,water, and other utilities. The subject site fronts on Collier Boulevard. Water and wastewater facilities are located within the right-of-way, and each has enough capacity to serve the proposed RPUD. Drainage solutions would be evaluated in connection with SDP/platting and construction permits. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application,which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals,objectives,and policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report(or within an accompanying memorandum). 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements,restrictions on design,and buffering and screening requirements. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The Master Plan proposes the appropriate perimeter landscape buffers. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The RPUD is required to provide at least 60%of the gross area for usable open space. No deviation from the open space requirement is being requested, and compliance would be demonstrated at the time of SDP or platting. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SS or Plat), at which time, a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought, including but not limited to any plats and or site development plans. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, such as wastewater disposal systems and potable water supplies,to accommodate this project based upon the commitments made by the petitioner,and the fact that adequate public facilities requirements will continuously be addressed when development approvals are sought. 8. Conformity with PUD regulations,or as to desirable modifications of such regulations in the particular case,based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Three deviations are proposed in connection with this request to rezone to RPUD. See deviations section of the staff report. Rezone Findings: LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals,objectives,and policies of the Future Land Use Map and the elements of the Growth Management Plan. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the FLUM and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The properties that abut the project on all sides of the subject property are zoned PUD and allow for residential uses. The abutting Indigo Lakes PUD zoning district to the north and west is a similar and related zoning classification to the proposed district. Therefore, the proposed petition would not create an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The rectangle-shape boundary of the RPUD logically follows the external boundary of the parcels assembled for the rezoning. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed rezone is not necessary but it is being requested in compliance with the LDC provisions to seek such changes. It should be noted that the proposed uses are not allowed under the current zoning classification. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed RPUD is not anticipated to adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development,or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e.,GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed RPUD request is not anticipated to create drainage problems in the area; provided an environmental resource permit that addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on-site stormwater treatment, and attenuation storage is obtained from the South Florida Water Management District. County staff will evaluate the project's stormwater management system, calculations, and design criteria at time of SDP and/or plat review. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated this RPUD would reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results,which may be internal or external to the subject property.Property valuation is affected by a host of factors including zoning; however,zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Collier Boulevard abuts the project to the east and staff does not anticipate this proposed RPUD would serve as a deterrent to its improvement. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Because the proposed development complies with the GMP through the proposed amendment,then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed uses and development standards are not permitted, according the existing classification. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staff's opinion the proposed uses and associated development standards and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance,as amended. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities(APF),and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities,except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. The activity proposed by this rezoning will have no impact on public facility adequacy in regard to utilities. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health,safety,and welfare. To be determined by the Board during its advertised public hearing. Attachment C FinnTimothy From: StrainMark Sent: Friday, January 18, 2019 10:30 AM To: Dan Waters Cc: Daniel DeLisi; FinnTimothy Subject: RE: Rushton Pointe PUDi - NIM Waiver Request In discussion with you earlier this week,you agreed to limit the change with this PDI to just the townhouse product. That being the case,and the townhome reduction in width being the only change considered with this PDI, pursuant to LDC section 10.03.06.H.2 as amended by Ordinance 2014-33, the requirement for a neighborhood informational meeting(NIM) is waived. The change requested is insubstantial and limited in scope with minimal, if any, impact on adjacent properties. Masrk, 239.252.4446 Under Florida Law.e-mail addresses are public records If you do not want your a-mail address released in response to a public records request,do not send electronic mail to this entity. Instead.contact this office by telephone or in writing From: Dan Waters<DWaters@barroncollier.com> Sent:Sunday,January 13, 2019 12:19 PM To: Strain Mark<Mark.Strain@colliercountyfl.gov> Cc: Daniel DeLisi<dan@delisi-inc.com>; FinnTimothy<Timothy,Finn@colliercountyfl.gov> Subject: Rushton Pointe PUDi - NIM Waiver Request Mark, DR Horton has a contract to purchase the 38.1 Rushton Pointe PUD property(on the west side of Collier Boulevard approximately 3/of a mile south of Immokalee Road)and is proposing to construct 228 fee simple townhome units on the property. The approved PUD (Ordinance 2018-17)includes a minimum required lot width of 30 feet for townhome units; the product that DR Horton is proposing to construct will have a 20 foot minimum lot width. We have submitted an application for a PUDi to change the development standards table to revise the minimum lot width for townhomes to the proposed 20 foot minimum (PL20180003338). There are no other changes to the PUD requested in our application. We will be submitting an application for a PPL in the next couple of days and can provide any information that you need showing the proposed townhome product. The proposed townhome units will have a floor area (approximately 2,050 sf)that is significantly greater than the minimum required in the approved PUD(minimum required is 1,000 sf). Based on the limited scope of the changes,would you be supportive of a waiver of the requirement to hold a NIM for this application? Because the proposed change is simply to alter the development standards to be consistent with the product that DR Horton is proposing on the site, we don't anticipate that this proposed change will have an impact on our neighbors and don't think a NIM is likely to bring any relevant issues to light. Feel free to give me a call with any questions or requests for additional information you might need to make a decision. Dan Waters, P.E. 2600 Golden Gate Parkway 1 Naples, Florida 34105 Phone:239.262.2600 Direct:239.403.6830 Cell: 239.206.7804 dwaters@barroncollier.corn 2 Attachment D EXHIBIT B Development Standards Development of Rushton Pointe RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization to which such regulations relate. Where these regulations fail to provide development standards, the provisions of the most similar district in the LDC shall apply. TABLE I DEVELOPMENT STANDARDS FOR "R" TRACT DEVELOPMENT SINGLE SINGLE FAMILY TWO-FAMILY MULTI-FAMILY CLUBHOUSE/ STANDARDS FAMILY ATTACHED& & RECREATIONAL/ DETACHED TOWNHOUSE ZERO LOT LINE MAINTENANCE BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 4000 SF 1,800 SF 1,800 SF 10,000 SF 10,000 SF PER UNIT PER UNIT MINIMUM LOT WIDTH 40 Ft 30 Ft(E,1 40 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1000 SF 1000 SF 1000 SF 1000 SF 700 Ft MIN. FRONT YARD 23 Ft(1) 23 Ft(1) 23 Ft(1) 23 Ft(1) 23 Ft MIN. SIDE YARD 5 Ft O OR 5 Ft(2) O OR 5 Ft(2) O OR 15 Ft 20 Ft MIN, REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft 15 Ft MIN. PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft MIN. DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft STRUCTURES BETWEEN BLDGS BETWEEN BLDGS BETWEEN BLDGS MAX. BUILDING HEIGHT 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft (ZONED) MAX. NUMBER OF 2 2 2 2 2 STORIES(s) MAX. BUILDING HEIGHT 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft (ACTUAL) ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SPS SIDE SPS SPS SPS SPS SPS REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft MAX. HEIGHT 40 Ft SPS SPS SPS SPS ZONED&ACTUAL SPS=SAME AS PRINCIPAL STRUCTURE (continued on next page) Words struck through are deleted;words underlined are added. GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines,or between structures. Footnotes: (1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of the principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet from the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. (3) All landscape buffer easements and/or lake maintenance easements shall be located within open space or lake tracts,and not within a residential lot. (4) A CUE,if needed along the South perimeter as depicted on RPUD Master Plan Exhibit C-2,shall be located outside the landscape buffer width so as not to conflict with the required buffer plantings. (5) There shall be no parking level below habitable floors. (6) The minimum lot width for Townhouse units is 20 Ft. Attachment E Rushton Pointe PDI (Meadowoods) Table of Contents 1. PDI Application Form 2. Property Ownership Disclosure Form 3. Property Deeds 4. Addressing Checklist 5. Authorization Forms 6. Master Concept Plan 7. Legal Description 8. Townhouse Detail 9. Exhibit B- Development Standards 10. PDI Narrative/Justification 11.Survey 12.Notice Sign Picture and Affidavit 99nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net • (239)252-2400 FAX:(239)252-6358 INSUBSTANTIAL CHANGE TO A PUD (PDI) LDC subsection 10.02.13 E&Code of Laws section 2-83—2-90 Ch.3 G.3 of the Administrative Code Pursuant to LDC subsection 10.02.13 E.2, a PUD insubstantial change includes any change that is not considered a substantial or a minor change. A PUD insubstantial change to an approved PUD ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Hearing Examiner. The Hearing Examiner's approval shall be based on the findings and criteria used for the original application. PETITION NO PROJECT NAME, • To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Ali R. Grahramani, MD Investment, LP Name of Applicant if different than owner: D.R. Horton, Inc. 10541 Ben C.Pratt Six Mile Cypress Pkwy Fort Myers FL 33966 Address: City: State: ZIP: Telephone: (239) 225-2631 Cell: Fax: E-Mail Address: jweverett@drhorton.com Name of Agent: Daniel DeLisi, AICP Firm: DeLisi, Inc. Address: 520 27th Street City: West Palm BeacState: FL ZIP: 33407 Telephone: Cell:Cell: Fax: E-Mail Address: dan@delisi-inc.com DETAIL OF REQUEST On a separate sheet, attached to the application, describe the insubstantial change request. Identify how the request does not meet the PUD substantial change criteria established in LDC subsection 10.02.13 E.1. Revised 3/27/2018 Page 1 of 4 Cotther County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION PUD NAME: Rushton Pointe PUD ORDINANCE NUMBER: 2018-17 FOLIO NUMBER(S): 00194600002,00194200004 Provide a legal (if PUD is recorded) or graphic description of area of amendment (this may be graphically illustrated on Amended PUD Master Plan). If applying for a portion of the PUD, provide a legal description for subject portion. Attach on a separate sheet, a written description of the map or text change. Does amendment comply with the Growth Management Plan? • Yes No If no, please explain: Has a public hearing been held on this property within the last year? • Yes I I No If yes, in whose name? Ali R.Grahramani, MD Investment, LP Has any portion of the PUD been I I SOLD and/or n DEVELOPED? Are any changes proposed for the area sold and/or developed? I I Yes I I No If yes, please describe on an attached separate sheet. Revised 3/27/2018 Page 2 of 4 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Insubstantial Change Chapter 3 G.3 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application (download current form from County website) 1 Pre-Application Meeting notes 1 ❑ U Project Narrative,,including a detailed description of proposed changes 1 ❑ ❑ and why amendment is necessary Detail of request 1 Current Master Plan & 1 Reduced Copy 1 Revised Master Plan & 1 Reduced Copy 1 Revised Text and any exhibits n U PUD document with changes crossed through & underlined I I ❑ PUD document as revised with amended Title Page with Ordinance# ❑ U ❑ Warranty Deed ❑ Legal Description 1 n Boundary survey, if boundary of original PUD is amended ❑ U U If PUD is platted, include plat book pages I I ❑ ❑ List identifying Owner&all parties of corporation 1 Affidavit of Authorization, signed & notarized 1 Z Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Copy of 8 Y2 in.x 11 in. graphic location map of site 1 ( I ❑ Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all materials ❑ ❑ ❑ to be submitted electronically in PDF format. *If located in Immokalee or seeking affordable housing,include an additional set of each submittal requirement. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County Review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Revised 3/27/2018 Page 3 of 4 Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliereov.net (239)252-2400 FAX:(239) 252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: 0 School District(Residential Components):Amy ❑ Bayshore/Gateway Triangle Redevelopment: Lockheart Executive Director Parks and Recreation: Barry Williams and David 0 Utilities Engineering:Eric Fey Berra ❑ Emergency Management: Dan Summers ❑ Naples Airport Authority: ❑ Conservancy of SWFL:Nichole Johnson Other: ❑ City of Naples: Robin Singer,Planning Director Other: I FEE REQUIREMENTS ❑ PUD Amendment Insubstantial (PDI):$1,500.00 O Pre-Application Meeting:$500.00 O Estimated Legal Advertising fee for the Office of the Hearing Examiner:$1,125.00 Same fee applies if the petition is referred to the Collier County Planning Commission,where the CCPC serves as the deciding authority instead of the HEX. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing,and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive ,,Aaples,Fl 34104 Agent/Owner Si: iir Date -3-0n,ctfiAaA 12-€,. (c.,y-t- Applicant/Owner Name(please print) Revised 3/27/2018 Pale 4 of 4 Goffler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership Created 9/28/2017 Page 1 of 3 Co er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership GHAHRAMANI, ANDREW A 720 NE 32ND STREET BOCA RATON, FL 33431 40 GHAHRAMANI, DARIUS J 7223 AYRSHIRE LANE BOCA RATON, FL 33496 40 FLEMING, YASMIN S 221 PINE TREE RD RADNOR, PA 19087 20 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address %of Ownership D.R. Horton, Inc. Publicly traded 10541 Ben C. Pratt Six Mile Cypress Pkwy. Fort Myers, FL 33966 Date of Contract: 8/27/18 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired I Leased: Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Attorneys'Title Insurance 0 0 1 4 2 2 0 0 1 9 0 0. ! . Printed for "m" Fund,Inc.,Orlando,Florida ' Ott BOOK PAGE Return to: 2 Name_ G. -Z_•_..ROSSOW, .- Esq • Address . ------_. CI -- -,,,f 0D — ii W '/.Da' o .53 W I: � 1= If; ' = this instrument was prepared by: Documnnt^IY Stamp Tax o-, Name G. Z. Rossow, Esq• Received el Address 3300 PGA Blvd., 7th Fl. Received$ : IL,,Piep:rt tax Palm Beach Gardens, FL 33410 ....._--4.0 ..../0.:._ _` COLLIER COCLEioi 01) . , D.C. BY / ISpace above this line for recording datad------ CS) >- WARRANTY DEED (STATUTORY FORM—SECTION 689.02,F.S.) I— co o This Indenture, made this day of 1987,Between CD " ALI R. GHAHRAMANI, M.D. as Trustee of the Ali R. Ghahramani, M.D., co tc Revocable Trust Agreement dated September 2, 1987. -- J -- -01 of the County of Palm Beach .Swtc of Florida ,grantor',and 0L.,) ALI R. GHAHRAMANI, M.D. Investment Limited Partnership , a Florida Limited Partnership whose post office address is 17602 Foxborough Lane, Boca Raton, FL of the County of Palm Beach State of Florida ,grantee', Witnesseth that said grantor,for and in consideration of the sum of TEN DOLLARS ($10.00) Dollars, and other good and valuable considerations to said-gs otsar ip hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained and,soF4 t017 esadirf ye"nd grantee's heirs and assigns forever,the following described land,situate,lying and being•irt „ L`0 '', 1�1"e�?�'i.:,-, County.Florida,to-wit: The North one-half (N11-42"f of the North\ e• half (N 1/2) of the South one-half (S 1(2) $-t_hem,agutheast one- uarter (SE 1/4) of Section 27, Township 4, s` - ng� 6- E t, Less the East 100 feet for purposes ¢f / •a]r'i t,7 a 7c li r County, Florida. SUBJECT TO: Taxes fo he y a a dV�s sequent thereto. \\ ( I SUBJECT TO: Res tr1± drys, e Ion :e f5 . ents, liens, mortgages and encum ces of recor an tbt7any and all applicable governmei\ , zoning regu- i n f / \I--\\ orf'C,,// and said grantor does herebyfullywarraril.he�i lg—tq all �n d'ill defend the same against the lawful claims of all persons whomsoever. -`,_l "'Grantor"and"grantee"are used for singular or plural,as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. r.� Signed,se I d and delivered in opr presence: W /y/ (Seal) f — — Ali R. Ghahramani, M.D., as Trustee 1 — _ (Seal) m dr (Seal) w to m (Seal) • • t 11 1 STATE OF Florida j • rrn COUNTY OF Palm Beach W I HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments,personally appeared W Ali R. Ghahramaali, M.D., as Trustee 0 b to me known to the perso - r cribed in and who executed the foregoing instrument and acknowledged before me that U ahe executed the trop ,Ger 19 88 WITNESS my hand IR official sea fn he County and State last afyresaid this — day of *�---�7 N o no, /rte/<y.�_ = . 0°at My commission ex re: LIICATd — Notary Public ��1. (7ecorded and Verified-(4).----c.?; :n Otlicial Records of MY COMM. EXP.AUL 15,1988 Col ID[ C'.'ltt?v.1LORIDA Ii itgrt it �� """�yi1Yh7f,�t.�titi::W2r-t�:.`C,rir.s. ,::wan.... ..-..-. „ ...i;a::Ya'�1Lds:.':�fiwiL�'t�+nx:w:�. .. `•�hr.26,:t�'. • rl to Zfillag 1.1410P,..3.'':-,,,,..' .. Printed for Film Attorneys'Title Insurance 019 Q G i'.Fund,Inc.,Orlando,Florida n 0 14E 2 2 Return to: PAGE Name._._.__G•_._z. Rossow,-_Es.q.-__....-._ OR BOOR Address ------- — This instrument was prepared by: CV) Name G. Z. Rossow, Esq. ---L-. . �orumentarySt�;+-�Tw _ w Address 3300 PGA Blvd., 7th Floor R'-'rte' c: or,u o Palm Beach Gardens, FL 33910---. A/ �Q _ C"Inrsa; _,,; �/� _ _.._f-�r5W1a1 Proi: ,; .i, , w O iz COuI k C I Y i .EII' F' t" e, By. �GliLel� cC ^x cC -- ------'Space above this line for recur mg Jata.l---_. - U.C. co WARRANTY DEED (STATUTORY FORM—SECTION 689.02,F.S.) This Indenture, made this day of 19 87,Between ALI R. GHAHRAMANI, M.D. as Trustee of the Ali R. Ghahramani, M.D. Revocable Trust Agreement dated September 2, 1987 c of the County of Palm Beach ,State of Florida ,grantor',and cr)_ f•- ALI R. GHAHRAMANI, M.D. Investment Limited Partnership, a Florida ca = Limited Partnership 0 o " whose post office address is 17602 Foxborough Lane, Boca Raton, FL ce co w_ c•-.1JJ of the County of Palm Beach ,State of Florida ,grantee', O O V Witnesseth that said grantor,for and in consideration of the sum of TEN AND 00/100 ($10.00) Dollars, and other good and valuable considerations 'J"t a C{irhand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained an o �u N 4i':apd grantee's heirs and assigns forever,the following ' County,Florida,to-wit: described land,situate,lying and being Collie? /'},\ of The South 1/2 of theSySuth'��:I`�,e__, t�a No�',th\l/2 of the Southeast 1/4 -`R of Section 27, Towpish%p u •, hge 2 Est, Collier County, Florida. 1 ' SUBJECT TO: Taxe f.r ‘.....4a er i •- t/ Jequent thereto. SUBJECT TO: Rest '.1 �i9, 'ion ,'xs s}e ents, liens, mortgages and encumbrances o ,'-cord and to a 'nd/a$ applicable governmental • zoning regulations.`rp D, ifa ;/ °Nl and said grantor does hereby fully warrant`fltcr t��L'�ip�aii� �t wdl defend the same against the lawful claims of all persons whomsoever. "'Grantor"and"grantee"are used for singular or plural,as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed d delivered in our presence: r.0 Llr r —. ---- —(Seal) Pa '"'44, Ali R. Ghahramani, M.D., as Trustee , /lief (Seal) rn (Seal) M t..t in 43 STATE OF Florida •l ,...f COUNTY OF Palm Beach U r^ l HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments,personally appeared d' cit ami Ali R. Ghahramani, M;$., as Trustee to me known to the person(s)described in and who ex . e•it oregoing instrument and acknowledged before me that m he executed the same. 4,, rO .. .9 WITNESS my hand and official seal in the County n. Stathfla t a 4�.aid this -� day of ,19 8Y 8 M LIG' ' — — 50 \gyp r. o My commission expires: o, v'''';- o — Notary l'ublic c`�Eaa;�,eS`a,E RSCS 1 MY COMM. EXP. JUL 15,1988 ,:';, c,i. c. IF/1111WII ,P`w S f s' Co ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) El BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit El SDPI (Insubstantial Change to SDP) El CU(Conditional Use) El SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) El SIPI (Insubstantial Change to SIP) El FP(Final Plat El SNR(Street Name Change) El LLA(Lot Line Adjustment) El SNC(Street Name Change—Unplatted) El PNC(Project Name Change) El TDR(Transfer of Development Rights) El PPL(Plans&Plat Review) El VA(Variance) El PSP(Preliminary Subdivision Plat) El VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) El RZ(Standard Rezone) El OTHER PDI LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S27 T48 R26-See attached FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00194600002 and 00194200004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) Rushton Pointe PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# Rev.6/9/2017 Page 1 of 2 CO *er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: E Email ❑ Fax ❑ Personally picked up Applicant Name: Kim Davidson Phone: Email/Fax: Kdavidson@Barroncollier.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00194600002 FolioNumlber 00194200004 Folio Number Folio Number Folio Number Folio Number Approved by: ' / Date: 11/7/2018 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev.6/9/2017 Page 2 of 2 Page 1 of k,.,uuiser 14..uurrty rruper ty Mpprdlser Property Summary Site Site Zone Parcel No 00194200004 Site City , o Address Name / Address ALI R GHAHRAMANI MD INVESTMENT LIMITED PARTNERSHIP 7223 AYRSHIRE LN City BOCA RATON State FL Zip 33496-1421 Map No. Strap No. Section Township Range Acres *Estimated 3B27 000100 010 3B27 27 48 26 18.79 Legal 27 48 26 N1/2 OF N1/2 OF 51/2 OF SE1/4, LESS E 100FT R/W, LESS THAT PORTION AS DESC IN OT FROM OR 3888 PG 1644 Mi.la a Area 0 36 Wine Rates O *Calculations Sub./Condo 100 ACREAGE HEADER School Other Total Use Code 0 99 -ACREAGE NOT ZONED AGRICULTURAL 5.049 6.3222 11.3712 Latest Sales History 2018 Preliminary Tax Roll ^` (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 1,879,000 03/08/89 1422-1910 $0 (+) Improved Value $ 0 03/01/89 1422-1909 $ 173,300 03/01/84 1070-1114 $ 173,300 (-) Market Value $ 1,879,000 07/01/83 1034-471 $0 (-) 10% Cap $ 641,029 11/01/72 488-182 $ 0 (_) Assessed Value $ 1,237,971 (=) School Taxable Value $ 1,879,000 (=) Taxable Value $ 1,237,971 If all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_search/recorddetail.html?sid=258098340&Map=No... 10/1/2018 Print Map Page 1 of 1 "�' .. = . i r ' ► ca. � f ;� Lgki4' 4�. Y�� t r � " MAP LEGEND `{f 1 t"` 'it, , r i � ' - . ,V swc". L .. °" `+ My0r Ra[ii, RRRR ,.- ¢,y{ ,,,�.,jj y,� tet ;. a,v _s ` _ ._.444 � � �� a4ra.,Naeee e Nile if Krr%i1° ad ,. /', di i[B +�i ' T r< "'.. c w.A Aarefr 20f�lit Bib' • . s�x '�,+w «. J : 4 ?. Coifier County L 4* 4 d ,,,„ S, 4 s f s m .K d tea', �I' 4. i'''''---- . p uk� .�-444sr .14',f'` �i *} } r`' _a *€.r'€ "'r t '' Folio Number.00194200004 n t7 48 26 N1/2 OF 1 a' x : v e::,� r t Name:All R GHA i.1_ I MU II o 'a a,� i'� �s s��' *41 r<�-� �.t �x� 1'a't� INVESTMENT 'c*ff `t 4 Street#A Name: �, M..� .`� �* - � ,,. �.. � � t� .Bufid#/Ung:070/ ,a • Ctri : Vil s112 0Alit g, .''; * ' .+ '• 4 # 100FT RNY,LESS THAT PORTION AS frsiofixik DESC IN OT FROM OR 3888 PG 1644 t. ., j f / A.,-..• y.� � fir"L-1 . , .. . ., .. ii,„,,,,-„,,p,. . 2004 Copier County Property Appraiser While tl,e Colum Count'Prapry Appraiser is wmniaed to providing the most acarate and up-to-date informetton,no warran es expressed or impfed are provided for the data herein,its use,or its interpretation http://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LAN1 5... 10/1/2018 Page 1 of r..urrrer 16..uurrt.y rruper t.y mppirdeaer Property Summary Parcel No 00194600002 Site Site City Sit*Zone AddressNote Name I Address AU R GHAHRAMANI MD INVESTMENT LIMITED PARTNERSHIP 7223 AYRSHIRE LN City BOCA RATON State FL Zip 33496-1421 Map No. Strap No. Section Township Range Acres *Estimated 3B27 000100 019 3B27 27 48 26 18.79 t egal 27 48 26 S1/2 OF S1/2 OF N1/2 OF SE1/4 LESS R/W, LESS THAT PORTION AS DESC IN ORDER OF TAKING FROM OR 3888 PG 1644 Millage_Area 0 36 Miilage Rates.0 *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 0 99 -ACREAGE NOT ZONED AGRICULTURAL 5.049 6.3222 11.3712 Latest Sales History 2018 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page ; Amount Land Value $ 1,372,036 03/01/89 1422-1906 $ 0 (+) Improved Value $ 0 04/01/81 916-463 $0 (_) Market Value $ 1,372,036 (-) 10% Cap $ 466,437 (=) Assessed Value $ 905,599 (=) School Taxable Value $ 1,372,036 (=) Taxable Value $ 905,599 If all Values shown above equal 0 this parcel was created after the Final Tax Roll ittp://www.collierappraiser.com/main search/recorddetail.html?sid=258098340&Map=No... 10/1/2018 Print Map Page 1 of 1 F s - ut 1 ' t i,, tr.,a at . =F da t • � � aa - �s ti,x x �.„ T ; A`,r r ut ' t - st 1 • s 0. s a fr _ MAP LEGEND .i. r �•..j° Malo'RoaA. tic. . o. ,-' 0 � 44 "7S. ...; A'� r., . � tS' `” 51rMNanrsa k' m _ 'WI*:a.,a 4'4;4: r ` .l i`sof0,4440 4!°s 4 '.' 4,Y4 i -410' ` ' Aw rale Alfa Iii 11 !'x. .t'r' i • ID Cufse.County i? ` . ' ' ' a, i...Folio Number:00194600002 r7"" , . y < r , ', i 1 Name:ALI R GHAHRAMANI MDt a ' yr 1 INVESTMENT Street#&Name: 1;t""42Sundial Unit#:0191 a Legal Description:27/48 26 S1/2 OF 1 �,� ix ;`"`,vM,Q ua '` I :1-,':-.,...":„.4, 4:. :max St/2 OF N1l2 OF SEi/4 LESS R/W, "''5 g'� ''' a �' s''7 ; LESS THAT PORTION AS DESC IN ,� roki.10.640.- - -.,� � ��' • ,� i' ' `` R ",� 6 ;� ORDER OF TAKING FROM OR 3688 (....ni Y7Yin PG 1644 s 11;L`« 'k'17';',7.,, ai 4; '; '','•_ _.. ' w f s ... N • f>a"aa Vestal :.vr�taatr lar tai 1 . ` '' •.)"' , 4 " r .. a �. =. ;. rte( K 2004 Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-dale information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation I I i I I http.//neaps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDS... 10/1/2018 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) i>" i " PL.26a l S O 0 O 333 I, 'PARW5 &1+flE(2 A)4 (print name),asN`r IZ.:"A d tfti�t _?•••• (title,if applicable)of r t.r R, Gt•Ihtti2Rr"t"W ,M-D. i.uvs,-:i.NT i..1-0"t ,' dr-riPny, If applicable),swear or affirm under oath,that I am the(choose one)owner •,/ applicant_contract purchaser—and that 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize��7 .rfr t Jv'ILCQ: r,"AR,itolaT�nrt-i- 1Lnr'e to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(LI..C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Date X STATE OF FLORIDA COUNTY OF COLLIER + The foregoing instrument was sworn to(or affirmed)and subscribed before me on J (date)by 1+s5 Cri-kA 4A. i (name of person providing oath or affirmptien), a 6er,w/14 - • t z ' .'~x\ who is personally known to me or who has produced \j L (type of identification)as identification. STAMP/SEAL Signure of Notary Public mos-coA-o01n51155 Gabriela Bias REV 3/24/14 Notary Public State of Florida My Commission Expires 05/23/2022 Commission No. GG 191492 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PDI-PL20180003338 I, Jonathon Pentecost (print name), as Division President (title, if applicable) of D.R. Horton. Inc. (company, If applicable), swear or affirm under oath, that I am the (choose one)owner applicantQcontract purchaser 1 and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Daniel DeLisi, AICP to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's"Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, t determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appr. late f. mat for that ownership. Under senalties of pe jury, I declare that I have --d the foregoing Affidavit of Authorization and that the f cts stated in it a e rue. i - \U - � t Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed) and subscribed before me on 1 N (date) by (name of person providing oath or affirmation), as who is personally known to me or who has produced (type of identification) as identification. � STAMP/SEAL Signature of,Ni ary Public ASHLEY KOZA • s, :t; MY COMPASSION if GG 280775 %:,7 EXPIRES:December 11,2022 CP\08-COA-001151155 REV 3/24/14 . • >: 1 ...... - 1< , L . 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Where these regulations fail to provide development standards, the provisions of the most similar district in the LDC shall apply. TABLE I DEVELOPMENT STANDARDS FOR "R" TRACT DEVELOPMENT SINGLE SINGLE FAMILY TWO-FAMILY MULTI-FAMILY CLUBHOUSE/ STANDARDS FAMILY ATTACHED& & RECREATIONAL/ DETACHED TOWNHOUSE ZERO LOT LINE MAINTENANCE BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 4000 SF 1,800 SF 1,800 SF 10,000 SF 10,000 SF PER UNIT PER UNIT MINIMUM LOT WIDTH 40 Ft 30 Ft L61 40 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1000 SF _ 1000 SF 1000 SF 1000 SF 700 Ft MIN. FRONT YARD 23 Ft(1) _ 23 Ft(1) 23 Ft(1) 23 Ft(1) 23 Ft MIN. SIDE YARD 5 Ft 0 OR 5 Ft(2) 0 OR 5 Ft(2) 0 OR 15 Ft 20 Ft MIN. REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft 15 Ft MIN. PRESERVE SETBACK 25 Ft _ 25 Ft 25 Ft 25 Ft 25 Ft MIN. DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft STRUCTURES BETWEEN BLDGS BETWEEN BLDGS BETWEEN BLDGS MAX. BUILDING HEIGHT 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft (ZONED) MAX. NUMBER OF 2 2 2 2 2 STORIES(s) MAX. BUILDING HEIGHT 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft (ACTUAL) ACCESSORY STRUCTURES FRONT SPS SPS SPS SPS SPS SIDE SPS SPS SPS SPS SPS REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft MAX. HEIGHT 40 Ft SPS SPS SPS SPS ZONED&ACTUAL SPS= SAME AS PRINCIPAL STRUCTURE (continued on next page) Words struck through are deleted; words underlined are added. GENERAL: Except as provided herein,all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines,or between structures. Footnotes: (1) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All other front yard setbacks shall be as follows: Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of the principal structure except as noted later in this paragraph, whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet from the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures, including overhangs, shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. (3) All landscape buffer easements and/or lake maintenance easements shall be located within open spate or lake tracts, and not "— within a residential lot. (4) A CUE,if needed along the South perimeter as depicted on RPUD Master Plan Exhibit C-2,shall be located outside the landscape buffer width so as not to conflict with the required buffer plantings. (5) There shall be no parking level below habitable floors. (6) The minimum lot width for Townhouse units is 20 Ft. DELIS ! Land Use Plann,ng 6 Water Policy MEADOWOOD (A.K.A RUSHTON POINTE) INSUBSTANTIAL CHANGE TO THE PUD (PDI) The proposed Insubstantial change to the RPUD adopted in Ordinance 18-17 is to amend the development regulations for the townhouse use, as set forth in Exhibit B, to allow for a minimum lot width of 20 feet, rather than 30 feet. The remainder of the development parameters approved in Ordinance 18-17 remain the same, including total density, open space,the master concept plan and the uses approved.The proposed change can be reviewed as an "Insubstantial Change" as described in the criteria set forth in 10.02.13 E.1. a. A proposed change in the boundary of the PUD; The proposed change does not alter the boundary of the PUD. b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; The change to building width for townhouse units will not change the total number of units permitted. The number of units will not exceed 229 in accordance with the approved PUD. c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; The Master Concept plan and all other parameters of development required in Ordinance 18-17 remain the same. There are no changes to open space being requested. d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; There are no changes being requested for non-residential uses. e. A substantial increase in the impacts of the development which may include,but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; With no change in density or intensity, there is no impact on traffic or other public services. 1I1% f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; With no change in density or intensity, there is no impact on traffic or other public services. g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; The development foot print will remain the same as was approved in the PUD, including the stormwater lake shown on the Master Concept Plan. The proposed change will not increase the areas needed for storm water management. h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; The proposed change will have no impact on surrounding uses. The PUD setbacks and buffer areas remain unchanged. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; The proposed change has no impact to the Master Concept Plan or the density permitted under PUD Ordinance 187-17. The proposed PUD remains consistent with the Growth Management Plan the Future Land Use Element. j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06,where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19).Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or The Rushton Point RPUD is not a DRI. k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. The proposed change to lot widths of the Townhouse units has no impact on any of the criteria for a substantial change under LDC Section 10.02.13 Wage The Rushton Pointe RPUD was adopted on April 24th, 2018, less than seven months ago. Through the PUD process,the Board of County Commissioners made several determinations, none of which are altered by the proposed Insubstantial change to the PUD.Since the density and development design remain the same, the proposed PDI remains consistent with the comprehensive plan. Similarly, the proposed change has no additional impact on public services or impacts on surrounding uses. The proposed change allows for a slightly more compact development form.The narrower width units will increase the separation between buildings. Specifically, the proposed change to the RPUD does not change the Commission's findings of compliance with the review criteria in LDC Section 10.02.08 and 10.02.13-B.5 (summarized below). a. Suitability of the property for the proposed use The proposed lot width change has no impact on the suitability of the subject property for development. The property is surrounded by residential development to both the north and south, PUD setbacks and buffer areas remain the same. b. Unified control The subject property remains under unified control. c. Conformity with the Growth Management Plan The subject property is in the Urban Residential future land use category and is being development at the density approved in PUD Ordinance 18-17. The proposed Insubstantial change will not increase density or intensity of development. The property remains consistent with the Growth Management Plan. d. Internal and external compatibility The proposed change has no impact on external compatibility. Internal compatibility will be improved by creating slightly greater building separation between townhome units. e. The adequacy of usable open space Usable open space is not changed from the approved RPUD. f. Adequacy of available public service Development density is not being changed by the proposed PDI. Public services were found to be available to meet the needs of the approved development. The proposed amendment has no increased impact on availability of public services. g. The ability of the subject property and of surrounding areas to accommodate expansion No changes are being proposed for the Master Concept Plan approved in Exhibit B of the PUD ordinance. The site and project layout remain the same. 3 I :a h. Conformity with PUD regulations The proposed change has no impact on any other regulation in the land development code. There are no changes being requested to the approved deviations. Conclusion In review of the standards for approval for PUD Ordinance 18-17 and the requested change, the decrease on lot width for the approved Townhouse units in Exhibit B has no impact on the findings and criteria used for the original application. 4IPage SIGN POSTING INSTRUCTIONS (CHAPTER 8,COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s)must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen(15)calendar days in advance of the first public hearing and said sign(s)must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code,Chapter 8 E. I. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s)must be securely affixed by nails,staples,or other means to a wood frame or to a wood panel and then fastened securely to a post,or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place,and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED Kim Davidson WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PDI-PL201.80003338—RUSHTON POINTE RPUD '_w , f , .�� 1 2600 Golden Gate Parkway SIGNA URE OF APPLICANT OR AGENT STREET OR P.Q.BOX Kim Davidson Peninsula Engineering Naples,Florida 34105 NAME(TYPED OR PRINTED) CITY,STATE ZIP STATE OF FLORIDA COUNTY OF COLLIER February The foregoing instrument was sworn to and subscribed before me this (` day of . 20 19, by Kim Davidson personally known to me or who produced as identification and who did/did not take an oath. __ ,r5,. .. $` SAW AE.HARDY Signature of Notary Public * :� MY ON 1 OG 287225 l . EXl RES:Jenna y 14,2023 „V Bonded Pru Noisy PIM UndonaMers ..A-c31 NIA- l't"-rt,...[/vi Printed Name of Notary Pullc My Commission Expires: (Stamp with serial number) Rev.3/4/2015 •. ii r P. _ a S ' ''':.' ' 1:i'tli!41''''. '1?Illl :,''''' sr V 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., March 14, 2019, in the Hearing n Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: - PETITION NO. PDI-PL20180003338 — D.R. HORTON, INC. REQUESTS AN D INSUBSTANTIAL CHANGE TO ORDINANCE NUMBER 18-17,AS AMENDED, - m THE RUSHTON POINTE RPUD, TO REDUCE THE MINIMUM LOT WIDTH - m co FOR TOWNHOUSE UNITS FROM 30 FEET TO 20 FEET. THE SUBJECT pp PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD, > APPROXIMATELY TWO THIRDS OF A MILE SOUTH OF IMMOKALEE ROAD, rs) rJ IN SECTION 27,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, N FLORIDA, CONSISTING OF 38.1±ACRES. o Immokalee-RD z a F- F- in H r n v 00 c0 = .< ? Project m p° Location 0° Z. r V1 p v z Vanderbilt-Beach-RD0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered.Any person who decides to appeal any decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony to evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida ND-2231208